This responsibility shall be fulfilled in part through the provision of training and instruction to those personnel." (b) Every research facility shall make, keep, and maintain records or forms which fully and correctly disclose the following information concerning each live dog or cat purchased or acquired, transported, euthanized, sold or disposed of by the research facility, including baby animals born at the facility. There is a legal interpretation (refer S8 of the Animal Welfare Act 1993) of what "appropriate and sufficient" means in terms of food, water and shelter. The requirement for the exercise of dogs is set forth under section 13(a)(2)(B) of the AWA (7 U.S.C., 2143). Section 2.8 Notification of change of name, address, control, or ownership of business. At a minimum, the plan must address each of the following: (a)Social grouping. III. 2.32 (c)(2)). The Act also does not regulate the care of pets and companion animals by their owners or by retail pet stores. The 1971 regulations did not limit the exclusion to birds, rats, or mice bred for research. The IACUC regulations promulgated under this authority are set forth in Title 9 C.F.R., Chapter 1, Subchapter A - Animal Welfare, Part 2, Section 2.31. 2.31 (d)(4)). On e copy of the record must accompany each shipment of any dog or cat. But PAWS definition of retail pet store does contain exclusions, one of which is a person breeding animals to sell to the public as pets., Thus, under PAWS, a person breeding animals to sell to the public as pets would no longer be excluded from the definition of dealer by virtue of being a retail pet store, because such a person would not be defined as a retail pet store. He might look like a retail pet store, smell like a retail pet store, and bark, meow, and chirp like a retail pet store, but he would not be a retail pet store under PAWS. . II. 2.36(b)(8)). [56] Food, Agriculture, Conservation, and Trade Act Amendments of 1991, Pub. (ii) The principal investigator has considered alternatives to procedures that may cause more than momentary of slight pain or distress to the animals (see definition of "Painful procedure" in section 1.1), and has provided a written narrative description of the methods and sources, e.g., the Animal Welfare Information Center, used to determine that alternatives were not available; (section 2.31 (d)(1)(ii)). . (6) Review, approve, require modifications in, or withhold approval of proposed activities related to the care and use of animals (Sect. (d)Restraint devices:Nonhuman primates are not to be maintained in restraint devices unless required for health reasons as determined by the attending veterinarian or by a research proposal approved by the IACUC at the research facility (Sect. (Sect. However, the USDA isn't properly enforcing the already weak standards outlined in this law, allowing cruel conditions to continue to persist in puppy mills. (1) The name and address of the person from whom a dog or cat was purchased or acquired. Section 3.36 Primary enclosures used to transport live guinea pigs and hamsters. 4066-4067 (1990); 7 U.S.C. ' I. 3.2(b)). 7 U.S.C. ' The 1970 amendments gave the USDA new but very limited authority to regulate the use of pain-relieving medications (anesthetics, analgesics, and tranquilizers) during experiments on animals in research facilities, by including that use within the phrase adequate veterinary care. The definition of a research facility was also expanded to include facilities that were using live animals as defined by the Act, not just cats and dogs. It is the purpose of this Act to protect and promote the welfare of all animals in the Philippines by supervising and regulating the establishment and operations of all facilities utilized for breeding, maintaining, keeping, treating or training of all animals either as objects of trade or as household pets. (ix) Activities that involve surgery must include appropriate provision for pre-operative and post-operative care of the animals in accordance with established veterinary medical and nursing practices. The basis of the exemption must be recorded by the attending veterinarian for each exempted nonhuman primate. 2.36(b)(1)). Zoos and circuses are among those who fall under this act. The Animal Welfare Act at Fifty: Problems and Possibilities in Animal Testing Regulation (McGeorge School of Law Scholarly Articles 2016) California Passes Animal Welfare Law (Dairy Herd Management, November 2018) State Poultry Processing Regulations (Niche Meat Processor Assistance Network, 2018) (c)Training and instruction of personnel must include guidance in the following areas: (1)Humane methods of animal maintenance and experimentation, including: (i) The basic needs of each animal species. [98] PAWS would thus eliminate the exclusion of a person who sells a wild animal from the definition of dealer.. (B) Required as routine veterinary procedure or to protect the health or well-being of the animal as determined by the attending veterinarian. The act also prohibits staged dogfights, bear and raccoon baiting, and other similar endeavors. . (3) Proper use of pain relieving drugs for any species of animals used by the facility. 2.35 (a)(b)(c)(d)(e) and (f)). The applicant is to acknowledge receipt of the regulations and standards and agree to comply with them by signing the application form or the license will not be issued or renewed. (a) Each of the entities listed in paragraphs (a) (1) through (3) of this section that acquire any live dog or cat shall before selling or providing the dog or cat to a dealer, hold and care for the dog or cat for not less than 5 full days after acquiring the animal not including the date of acquisition and excluding time in transit. 2.38 (d)). (e)Confiscation and destruction of animals. 91-1651 (1970), reprinted in 1970 U.S.C.C.A.N. Section numbers are given for reference to the actual wording of each requirement (SeeNOTEon last page). Section 2.31 (c)(2) requires the Institutional Animal Care and Use Committee (IACUC) to: "Inspect, at least once every six months, all of the research facility's animal facilities, including animal study areas, using Title 9, Chapter 1, Subchapter A - Animal Welfare, as a basis for evaluation;Provided, however,That animal areas containing free-living wild animals in their natural habitat need not be included in such inspection:". (x) No animal will be used in more that one major operative procedure from which it is allowed to recover unless: (A) Justified for scientific reasons by the principal investigator, in writing. (5)Utilization of services available to provide information: (i)On appropriate methods of animal care and use. The views expressed herein are solely his. The plan, at a minimum, must comply with the conditions and requirements set forth in section 3.8 (a) (b) and (c). 3.8 (b)(2)). 3(3) (amending 2(h)). Download. (Sect. This responsibility shall be fulfilled in part through the provision of training and instruction to those personnel.(Sect. Animal dealers were defined as people who transport, buy, or sell dogs or cats for research purposes. [13] 7 U.S.C. See supra text accompanying note 60. The Act authorized the US Department of Agriculture (USDA) to regulate and enforce the law, and this oversight is done through the Animal and Plant Health Inspection Service (APHIS) Animal Care program. All survival surgery will be performed using aseptic procedures, including surgical gloves, masks, sterilized instruments, and aseptic techniques. The Animal Welfare Act also excludes birds, rats, mice, insects, and fish bred for use in research; and horses not used for research purposes. . Perhaps the or that I italicized is a drafting error and should be and, so that a person would not be a dealer if he sells not more than 25 dogs or cats, and would also not be a dealer if he does not whelp more than six litters of dogs or cats. [77] Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001, Pub. (c) Training and instruction of personnel must include guidance in at least the following areas: (section 2.32 (c)). (a) Pools for marine mammals shall not contain water which would be detrimental to the marine mammal contained therein. (section 2.31 (d)(6)). (3.106 (a)). Like these statutes, the AWA benefits some animals, but it does not prevent the most widespread violations of animal rights, including unnecessary experimentation and horrible factory-farm conditions, from being inflicted on most animals whom Congress could protect under its power to regulate interstate and foreign commerce. Section 2.31 Institutional Animal Care and Use Committee (IACUC). length of dog in inches + 6) x (length of dog in inches + 6)/ 144 = required floor space in square feet. [44] Id . (iv) Other similar activities. The reason that it covers only about five or ten percent of laboratory animals is that it defines animal to exclude rats and mice bred for research, [6] and rats and mice reportedly constitute 90 [7] or 95 [8] percent of animals used in research. In addition, the law called for an independent review of the use of Class B dealers by National Institutes of Health researchers. It is the first signing of pet law since the Protection of Animals Act 1911, which it largely replaced. NOTE:The information in this paper contains excerpts and paraphrasing of the published regulations and standards in 9 CFR, Chapter 1, Subchapter A - Animal Welfare, Parts 1, 2 and 3. 3.60 (b)). Nonhuman primates must not be maintained in restraint devices unless required for health reasons as determined by the attending veterinarian or by a research proposal approved by the Committee at the research facility (Sect. 2.33(b)(2)). Title 9 C.F.R.,Section 2.31 Institutional Animal Care and Use Committee. (b)(1) Assure that professionally acceptable standards governing the care, treatment, and use of animals, including appropriate use of pain relieving drugs, prior to, during, and following actual research, teaching, testing, surgery, or experimentation were followed by the research facility. (ii) Proper handling and care of each animal species. (Sect. 2.38(b)(2)). A necropsy report must be prepared by the veterinarian listing all pathologic lesions observed and giving the apparent cause of death. (7)Reporting of Suspensions:If the IACUC suspends an activity involving animals, the Institutional Official, in consultation with the IACUC, shall review the reasons for suspension, take appropriate corrective action, and report that action with a full explanation to APHIS and any funding Federal agencies (Sect.
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