7 U.S.C. § 2143 : US Code - Section 2143: Standards and certification process for humane handling, care, treatment, and transportation of animals

Search 7 U.S.C. § 2143 : US Code - Section 2143: Standards and certification process for humane handling, care, treatment, and transportation of animals

(a) Promulgation of standards, rules, regulations, and orders;
requirements; research facilities; State authority
(1) The Secretary shall promulgate standards to govern the humane
handling, care, treatment, and transportation of animals by
dealers, research facilities, and exhibitors.
(2) The standards described in paragraph (1) shall include
minimum requirements - 
(A) for handling, housing, feeding, watering, sanitation,
ventilation, shelter from extremes of weather and temperatures,
adequate veterinary care, and separation by species where the
Secretary finds necessary for humane handling, care, or treatment
of animals; and
(B) for exercise of dogs, as determined by an attending
veterinarian in accordance with general standards promulgated by
the Secretary, and for a physical environment adequate to promote
the psychological well-being of primates.
(3) In addition to the requirements under paragraph (2), the
standards described in paragraph (1) shall, with respect to animals
in research facilities, include requirements - 
(A) for animal care, treatment, and practices in experimental
procedures to ensure that animal pain and distress are minimized,
including adequate veterinary care with the appropriate use of
anesthetic, analgesic, tranquilizing drugs, or euthanasia;
(B) that the principal investigator considers alternatives to
any procedure likely to produce pain to or distress in an
experimental animal;
(C) in any practice which could cause pain to animals - 
(i) that a doctor of veterinary medicine is consulted in the
planning of such procedures;
(ii) for the use of tranquilizers, analgesics, and
anesthetics;
(iii) for pre-surgical and post-surgical care by laboratory
workers, in accordance with established veterinary medical and
nursing procedures;
(iv) against the use of paralytics without anesthesia; and
(v) that the withholding of tranquilizers, anesthesia,
analgesia, or euthanasia when scientifically necessary shall
continue for only the necessary period of time;
(D) that no animal is used in more than one major operative
experiment from which it is allowed to recover except in cases of
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(i) scientific necessity; or
(ii) other special circumstances as determined by the
Secretary; and
(E) that exceptions to such standards may be made only when
specified by research protocol and that any such exception shall
be detailed and explained in a report outlined under paragraph
(7) and filed with the Institutional Animal Committee.
(4) The Secretary shall also promulgate standards to govern the
transportation in commerce, and the handling, care, and treatment
in connection therewith, by intermediate handlers, air carriers, or
other carriers, of animals consigned by any dealer, research
facility, exhibitor, operator of an auction sale, or other person,
or any department, agency, or instrumentality of the United States
or of any State or local government, for transportation in
commerce. The Secretary shall have authority to promulgate such
rules and regulations as he determines necessary to assure humane
treatment of animals in the course of their transportation in
commerce including requirements such as those with respect to
containers, feed, water, rest, ventilation, temperature, and
handling.
(5) In promulgating and enforcing standards established pursuant
to this section, the Secretary is authorized and directed to
consult experts, including outside consultants where indicated.
(6)(A) Nothing in this chapter - 
(i) except as provided in paragraphs (!1) (7) of this
subsection, shall be construed as authorizing the Secretary to
promulgate rules, regulations, or orders with regard to the
design, outlines, or guidelines of actual research or
experimentation by a research facility as determined by such
research facility;
(ii) except as provided (!2) subparagraphs (A) and (C)(ii)
through (v) of paragraph (3) and paragraph (7) of this
subsection, shall be construed as authorizing the Secretary to
promulgate rules, regulations, or orders with regard to the
performance of actual research or experimentation by a research
facility as determined by such research facility; and
(iii) shall authorize the Secretary, during inspection, to
interrupt the conduct of actual research or experimentation.
(B) No rule, regulation, order, or part of this chapter shall be
construed to require a research facility to disclose publicly or to
the Institutional Animal Committee during its inspection, trade
secrets or commercial or financial information which is privileged
or confidential.
(7)(A) The Secretary shall require each research facility to show
upon inspection, and to report at least annually, that the
provisions of this chapter are being followed and that
professionally acceptable standards governing the care, treatment,
and use of animals are being followed by the research facility
during actual research or experimentation.
(B) In complying with subparagraph (A), such research facilities
shall provide - 
(i) information on procedures likely to produce pain or
distress in any animal and assurances demonstrating that the
principal investigator considered alternatives to those
procedures;
(ii) assurances satisfactory to the Secretary that such
facility is adhering to the standards described in this section;
and
(iii) an explanation for any deviation from the standards
promulgated under this section.
(8) Paragraph (1) shall not prohibit any State (or a political
subdivision of such State) from promulgating standards in addition
to those standards promulgated by the Secretary under paragraph
(1).
(b) Research facility Committee; establishment, membership,
functions, etc.
(1) The Secretary shall require that each research facility
establish at least one Committee. Each Committee shall be appointed
by the chief executive officer of each such research facility and
shall be composed of not fewer than three members. Such members
shall possess sufficient ability to assess animal care, treatment,
and practices in experimental research as determined by the needs
of the research facility and shall represent society's concerns
regarding the welfare of animal subjects used at such facility. Of
the members of the Committee - 
(A) at least one member shall be a doctor of veterinary
medicine;
(B) at least one member - 
(i) shall not be affiliated in any way with such facility
other than as a member of the Committee;
(ii) shall not be a member of the immediate family of a
person who is affiliated with such facility; and
(iii) is intended to provide representation for general
community interests in the proper care and treatment of
animals; and
(C) in those cases where the Committee consists of more than
three members, not more than three members shall be from the same
administrative unit of such facility.
(2) A quorum shall be required for all formal actions of the
Committee, including inspections under paragraph (3).
(3) The Committee shall inspect at least semiannually all animal
study areas and animal facilities of such research facility and
review as part of the inspection - 
(A) practices involving pain to animals, and
(B) the condition of animals,
to ensure compliance with the provisions of this chapter to
minimize pain and distress to animals. Exceptions to the
requirement of inspection of such study areas may be made by the
Secretary if animals are studied in their natural environment and
the study area is prohibitive to easy access.
(4)(A) The Committee shall file an inspection certification
report of each inspection at the research facility. Such report
shall - 
(i) be signed by a majority of the Committee members involved
in the inspection;
(ii) include reports of any violation of the standards
promulgated, or assurances required, by the Secretary, including
any deficient conditions of animal care or treatment, any
deviations of research practices from originally approved
proposals that adversely affect animal welfare, any notification
to the facility regarding such conditions, and any corrections
made thereafter;
(iii) include any minority views of the Committee; and
(iv) include any other information pertinent to the activities
of the Committee.
(B) Such report shall remain on file for at least three years at
the research facility and shall be available for inspection by the
Animal and Plant Health Inspection Service and any funding Federal
agency.
(C) In order to give the research facility an opportunity to
correct any deficiencies or deviations discovered by reason of
paragraph (3), the Committee shall notify the administrative
representative of the research facility of any deficiencies or
deviations from the provisions of this chapter. If, after
notification and an opportunity for correction, such deficiencies
or deviations remain uncorrected, the Committee shall notify (in
writing) the Animal and Plant Health Inspection Service and the
funding Federal agency of such deficiencies or deviations.
(5) The inspection results shall be available to Department of
Agriculture inspectors for review during inspections. Department of
Agriculture inspectors shall forward any Committee inspection
records which include reports of uncorrected deficiencies or
deviations to the Animal and Plant Health Inspection Service and
any funding Federal agency of the project with respect to which
such uncorrected deficiencies and deviations occurred.
(c) Federal research facilities; establishment, composition, and
responsibilities of Federal Committee
In the case of Federal research facilities, a Federal Committee
shall be established and shall have the same composition and
responsibilities provided in subsection (b) of this section, except
that the Federal Committee shall report deficiencies or deviations
to the head of the Federal agency conducting the research rather
than to the Animal and Plant Health Inspection Service. The head of
the Federal agency conducting the research shall be responsible for
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(1) all corrective action to be taken at the facility; and
(2) the granting of all exceptions to inspection protocol.
(d) Training of scientists, animal technicians, and other personnel
involved with animal care and treatment at research facilities
Each research facility shall provide for the training of
scientists, animal technicians, and other personnel involved with
animal care and treatment in such facility as required by the
Secretary. Such training shall include instruction on - 
(1) the humane practice of animal maintenance and
experimentation;
(2) research or testing methods that minimize or eliminate the
use of animals or limit animal pain or distress;
(3) utilization of the information service at the National
Agricultural Library, established under subsection (e) of this
section; and
(4) methods whereby deficiencies in animal care and treatment
should be reported.
(e) Establishment of information service at National Agricultural
Library; service functions
The Secretary shall establish an information service at the
National Agricultural Library. Such service shall, in cooperation
with the National Library of Medicine, provide information - 
(1) pertinent to employee training;
(2) which could prevent unintended duplication of animal
experimentation as determined by the needs of the research
facility; and
(3) on improved methods of animal experimentation, including
methods which could - 
(A) reduce or replace animal use; and
(B) minimize pain and distress to animals, such as anesthetic
and analgesic procedures.
(f) (!3) Suspension or revocation of Federal support for research
projects; prerequisites; appeal procedure
In any case in which a Federal agency funding a research project
determines that conditions of animal care, treatment, or practice
in a particular project have not been in compliance with standards
promulgated under this chapter, despite notification by the
Secretary or such Federal agency to the research facility and an
opportunity for correction, such agency shall suspend or revoke
Federal support for the project. Any research facility losing
Federal support as a result of actions taken under the preceding
sentence shall have the right of appeal as provided in sections 701
through 706 of title 5.
(f) (!3) Veterinary certificate; contents; exceptions
No dogs or cats, or additional kinds or classes of animals
designated by regulation of the Secretary, shall be delivered by
any dealer, research facility, exhibitor, operator of an auction
sale, or department, agency, or instrumentality of the United
States or of any State or local government, to any intermediate
handler or carrier for transportation in commerce, or received by
any such handler or carrier for such transportation from any such
person, department, agency, or instrumentality, unless the animal
is accompanied by a certificate issued by a veterinarian licensed
to practice veterinary medicine, certifying that he inspected the
animal on a specified date, which shall not be more than ten days
before such delivery, and, when so inspected, the animal appeared
free of any infectious disease or physical abnormality which would
endanger the animal or animals or other animals or endanger public
health: Provided, however, That the Secretary may by regulation
provide exceptions to this certification requirement, under such
conditions as he may prescribe in the regulations, for animals
shipped to research facilities for purposes of research, testing or
experimentation requiring animals not eligible for such
certification. Such certificates received by the intermediate
handlers and the carriers shall be retained by them, as provided by
regulations of the Secretary, in accordance with section 2140 of
this title.
(g) Age of animals delivered to registered research facilities;
power of Secretary to designate additional classes of animals and
age limits
No dogs or cats, or additional kinds or classes of animals
designated by regulation of the Secretary, shall be delivered by
any person to any intermediate handler or carrier for
transportation in commerce except to registered research facilities
if they are less than such age as the Secretary may by regulation
prescribe. The Secretary shall designate additional kinds and
classes of animals and may prescribe different ages for particular
kinds or classes of dogs, cats, or designated animals, for the
purposes of this section, when he determines that such action is
necessary or adequate to assure their humane treatment in
connection with their transportation in commerce.
(h) Prohibition of C.O.D. arrangements for transportation of
animals in commerce; exceptions
No intermediate handler or carrier involved in the transportation
of any animal in commerce shall participate in any arrangement or
engage in any practice under which the cost of such animal or the
cost of the transportation of such animal is to be paid and
collected upon delivery of the animal to the consignee, unless the
consignor guarantees in writing the payment of transportation
charges for any animal not claimed within a period of 48 hours
after notice to the consignee of arrival of the animal, including,
where necessary, both the return transportation charges and an
amount sufficient to reimburse the carrier for all out-of-pocket
expenses incurred for the care, feeding, and storage of such
animals.