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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. REGULATIONS Sec. 3.81 Environment enhancement to promote
psychological well-being. Dealers, exhibitors, and research facilities must
develop, document, and follow an appropriate plan for environment
enhancement adequate to promote the psychological well-being of nonhuman
primates. The plan must be in accordance with the currently accepted
professional standards as cited in appropriate professional journals or
reference guides, and as directed by the attending veterinarian. This
plan must be made available to APHIS upon request, and, in the case of
research facilities, to officials of any pertinent funding agency.
The plan, at a minimum, must address each of the
following: (a) Social grouping. The environment enhancement
plan must include specific provisions to address the social needs of
nonhuman primates of species known to exist in social groups in
nature. Such specific provisions must be in accordance with currently
accepted professional standards, as cited in appropriate professional
journals or reference guides, and as directed by the attending
veterinarian. The plan may provide for the following exceptions:
(b) Environmental enrichment. The physical
environment in the primary enclosures must be enriched by providing
means of expressing noninjurious species-typical activities.
(c) Special considerations. Certain nonhuman
primates must be provided special attention regarding enhancement of
their environment, based on the needs of the individual species and in
accordance with the instructions of the attending veterinarian.
Nonhuman primates requiring special attention are the following:
(1) Infants and young juveniles; (2) Those that show signs of being in
psychological distress through behavior or appearance; (3) Those used in research for which the
Committee-approved protocol requires restricted activity;
(4) Individually housed nonhuman primates that are
unable to see and hear nonhuman primates of their own or compatible
species; and Sec. 3.83 Watering. Potable water must be provided in sufficient quantity
to every nonhuman primate housed at the facility. If potable water is
not continually available to the nonhuman primates, it must be offered
to them as often as necessary to ensure their health and well-being, but
no less than twice daily for at least l hour each time, unless otherwise
required by the attending veterinarian, or as required by the research
proposal approved by the Committee at research facilities. (d) Restraint devices. 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 research facilities. Maintenance under
such restraint must be for the shortest period possible. In instances
where long-term (more than 12 hours) restraint is required, the
nonhuman primate must be provided the opportunity daily for
unrestrained activity for at least one continuous hour during the
period of restraint, unless continuous restraint is required by the
research proposal approved by the Committee at research facilities.
(e) Exemptions. (1) The attending veterinarian may exempt an
individual nonhuman primate from participation in the environment
enhancement plan because of its health or condition, or in
consideration of its well-being. The basis of the exemption must be
recorded by the attending veterinarian for each exempted nonhuman
primate. Unless the basis for the exemption is a permanent
condition, the exemption must be reviewed at least every 30 days by
the attending veterinarian. (2) For a research facility, the Committee may
exempt an individual nonhuman primate from participation in some or
all of the otherwise required environment enhancement plans for
scientific reasons set forth in the research proposal. The basis of
the exemption shall be documented in the approved proposal and must
be reviewed Sec. 2.36 Annual report. b) The annual report shall: (7) State the common names and the numbers of
animals upon which teaching, experiments, research, surgery, or tests
were conducted involving accompanying pain or distress to the animals
and for which the use of appropriate anesthetic, analgesic, or
tranquilizing drugs would have adversely affected the procedures,
results, or interpretation of the teaching, research, experiments,
surgery, or tests. An explanation of the procedures producing pain or
distress in these animals and the reasons such drugs were not used
shall be attached to the annual report; 9 CFR 2.38 f) Handling. (1) Handling of all animals shall be done as
expeditiously and carefully as possible in a manner that does not
cause trauma, overheating, excessive cooling, behavioral stress,
physical harm, or unnecessary discomfort. (2)(i) Physical abuse shall not be used to train,
work, or otherwise handle animals. (ii) Deprivation of food or water shall not be
used to train, work, or otherwise handle animals; Provided, however:
That the short-term withholding of food or water from animals, when
specified in an IACUC- approved activity that includes a description
of monitoring procedures, is allowed by these regulations.
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