§ 2143. — Standards and certification process for humane handling, care, treatment, and transportation of animals.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC2143]
TITLE 7--AGRICULTURE
CHAPTER 54--TRANSPORTATION, SALE, AND HANDLING OF CERTAIN ANIMALS
Sec. 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--
(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;
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\1\ So in original. Probably should be ``paragraph''.
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(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
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\2\ So in original. Probably should be followed by ``in''.
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(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--
(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
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\3\ So in original. Two subsecs. (f) have been enacted.
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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.
(Pub. L. 89-544, Sec. 13, Aug. 24, 1966, 80 Stat. 352; Pub. L. 91-579,
Sec. 14, Dec. 24, 1970, 84 Stat. 1562; Pub. L. 94-279, Secs. 9, 10, Apr.
22, 1976, 90 Stat. 418, 419; Pub. L. 99-198, title XVII, Sec. 1752, Dec.
23, 1985, 99 Stat. 1645.)
Amendments
1985--Subsec. (a)(1) to (3). Pub. L. 99-198, Sec. 1752(a)(2),
substituted pars. (1) to (3) for first two sentences of subsec. (a)
which read as follows: ``The Secretary shall promulgate standards to
govern the humane handling, care, treatment, and transportation of
animals by dealers, research facilities, and exhibitors. Such standards
shall include minimum requirements with respect to handling, housing,
feeding, watering, sanitation, ventilation, shelter from extremes of
weather and temperatures, adequate veterinary care, including the
appropriate use of anesthetic, analgesic or tranquilizing drugs, when
such use would be proper in the opinion of the attending veterinarian of
such research facilities, and separation by species when the Secretary
finds such separation necessary for the humane handling, care, or
treatment of animals.''
Subsec. (a)(4) to (8). Pub. L. 99-198, Sec. 1752(b), designated
third and fourth sentences of subsec. (a) as par. (4), designated fifth
sentence of subsec. (a) as par. (5), and substituted pars. (6) to (8)
for last sentence of subsec. (a) which read as follows: ``Nothing in
this chapter shall be construed as authorizing the Secretary to
promulgate rules, regulations, or orders with regard to design,
outlines, guidelines, or performance of actual research or
experimentation by a research facility as determined by such research
facility: Provided, That the Secretary shall require, at least annually,
every research facility to show that professionally acceptable standards
governing the care, treatment, and use of animals, including appropriate
use of anesthetic, analgesic, and tranquilizing drugs, during
experimentation are being followed by the research facility during
actual research or experimentation.''
Subsecs. (b) to (h). Pub. L. 99-198, Sec. 1752(a)(1), (c), added
subsecs. (b) to (f) and redesignated existing subsecs. (b) to (d) as (f)
to (h), respectively.
1976--Subsec. (a). Pub. L. 94-279, Sec. 9, designated existing
provisions as subsec. (a) and inserted provisions authorizing Secretary
to promulgate standards, rules and regulations relating to the
transportation in commerce, handling, care, and treatment of animals
covered under this chapter.
Subsecs. (b) to (d). Pub. L. 94-279, Sec. 10, added subsecs. (b) to
(d).
1970--Pub. L. 91-579 added exhibitors to the enumeration of persons
to be governed by promulgated standards, added handling to the
enumeration of activities covered, expanded existing standard for
adequate veterinary care to include the appropriate use of anesthetic,
analgesic, or tranquilizing drugs by research facilities when the use of
such drugs is considered proper in the opinion of the attending
veterinarian at such research facility, directed the Secretary to
consult outside consultants and experts in promulgating standards, and
inserted requirement of an annual report.
Effective Date of 1985 Amendment
Amendment by Pub. L. 99-198 effective one year after Dec. 23, 1985,
see section 1759 of Pub. L. 99-198, set out as a note under section 2131
of this title.
Effective Date of 1970 Amendment
Amendment by Pub. L. 91-579 effective one year after Dec. 24, 1970,
see section 23 of Pub. L. 91-579, set out as a note under section 2131
of this title.
Section Referred to in Other Sections
This section is referred to in sections 2132, 2133, 2144, 2145, 2154
of this title.
