9 CFR
Up 9 CFR Part 1 - Definitions 9 CFR Part 2 -- Regulations 9 CFR Part 3 - Standards 9 CFR Part 4 - Rules of Practice Governing Proceedings Under the Animal Welfare Act

 

Animal Welfare Regulations 

Last updated on June 17, 2001

These regulations are contained in the Code of Federal Regulations (CFR), Subchapter A - Animal Welfare. They represent the regulations promulgated by the USDA to enforce the Animal Welfare Act. The text of 9CFR was downloaded from USDA on 6/16/01 and is divided into:

Part 1. Definitions

Part 2. Regulations

Part 3. Standards

Part 4. Rules of Practice

On this page, some notable parts of 9CFR are described, particularly as they differ from other legal requirements, i.e. the PHS Policy and the Guide.

Part 2. Subpart C. Research Facilities

2.31 IACUC

2.32 Personnel training

2.33 Attending veterinarian and adequate veterinary care

2.35 Record-keeping

2.36 Annual report

2.38 Miscellaneous

The IACUC (§2.31)

The Institutional Animal Care and Use Committee (IACUC) must be appointed by the Chief Executive Officer of the research facility (note vocabulary difference from the Guide). There must be at least three members: the Chair, a DVM with training or experience, and a non-affiliated member. PHS Policy requires at least 5 members. 

IACUC functions include:

1.    Review the program for humane care and use of animals

2.    Inspect the facilities at least every 6 months

3.    Prepare reports of the evaluation and submit them to the Institutional Official (IO). 

Reports must be signed by the majority of the committee and include minority views. 
They must be maintained by the facility and be available for inspection.
 They must contain a description of the nature and extent of adherence to 9CFR, identify any departures from 9 CFR and state why. 
They must distinguish "significant" (i.e. resulting in a threat to animal health or safety) from "minor" deficiencies. There must be a plan and schedule for correction of each deficiency, and if they remain uncorrected, the IO must report this to APHIS.

4.    Review and investigate concerns involved animal care and use

5.    Make recommendations to the IO regarding the animal program, facilities or personnel training

6.    Review and approve, require modifications in, or withhold approval of proposed activities using animals; and do the same thing for changes in proposed use of animals

7.    Be authorized to suspend activities involving animals

IACUC review determines that the following requirements will be met:

  1. Field studies (conducted on free-living animals in their natural habitat, not involving invasive procedures, and not harming or altering their behavior) are exempt
  2. Procedures will avoid or minimize distress, discomfort and pain
  3. The PI must consider alternatives to procedures that may cause more than momentary or slight pain or distress and provide a written narrative of the methods and sources used to determine that alternatives were not available (see Animal Care Policy 11 and Policy 12)
  4. PI provides assurance that the activities are not duplicative
  5. Procedures that do cause more than momentary or slight pain or distress must: be performed with sedatives, analgesics or anesthetics; involve consultation with a DVM during planning; not use paralytics without anesthesia
  6. Ensure euthanasia of animals whose pain/distress can't be relieved
  7. Animals' living conditions must be in accordance with 9 CFR part 3
  8. Medical care must be available and provided
  9. Personnel conducting procedures must be trained
  10. Surgical procedures must include pre- and post-operative plans. Survival surgery must be aseptically performed. Major procedures on non-rodents will be performed in a dedicated facility. Non-major procedures and rodent surgery (and also field surgery) doesn't have to be in a dedicated facility, but must use aseptic techniques.
  11. No animal will receive more than one major operative procedure (that which penetrates and exposes a body cavity, or one that produces permanent impairment of physical or psychological functions), unless either justified for the science, performed as part of routine veterinary care or to protect the animal's health or well-being
  12. Euthanasia must be in accordance with the 9 CFR definition: humane destruction of an animal accomplished by a method producing rapid unconsciousness and subsequent death without evidence of pain or distress

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Personnel Qualifications (§2.32)

This aspect includes five categories of training that must be provided to scientists, research technicians, animal technicians and others involved in animal care, treatment, and use:

  1. Human methods of animal maintenance and experimentation: (a) basic needs of each species; (b) proper handling and care; (c) pre-procedural and post-procedural care; (d) aseptic surgical methods
  2. Concept, availability and use of research/testing methods that limit animal use or minimize distress
  3. Proper use of anesthetics, analgesics and tranquilizers for different species
  4. How to report deficiencies in animal care and treatment
  5. Use of services to provide information on methods, alternatives, duplication, and the AWA

The training program should be evaluated as part of the semi-annual IACUC evaluation. PHS Policy VIII addresses training in a similar way.

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Attending veterinarian and adequate veterinary care (§2.33)

The Guide, ACLAM, and 9 CFR all have similar suggestions for the provision of veterinary care. Although several of the US Government Principles address medical concerns, only policy VII mentions the need for a veterinarian to oversee animal care. Provision of medical care is one of the aspects of a PHS grant that the IACUC must review.

Requirements in 9CFR for an attending veterinarian are:
  1. Each institution must have an attending veterinarian; if this is a consultant position there must also be a written program of veterinary care
  2. The AV must have the authority to oversee the program
  3. The AV (or other designated vet) must be a voting member of the IACUC

Each research facility shall establish and maintain programs of adequate veterinary care that include:

  1. The availability of appropriate facilities, personnel, equipment, and services 
  2. The use of appropriate methods to prevent, control, diagnose, and treat diseases and injuries, and the availability of emergency, weekend, and holiday care; 
  3. Daily observation of all animals to assess their health and well-being. Daily observation of animals may be accomplished by someone other than the attending veterinarian. A mechanism of direct and frequent communication is required...
  4. Guidance to principal investigators and other personnel involved in the care and use of animals regarding handling, immobilization, anesthesia, analgesia, tranquilization, and euthanasia; (Also refer to Policy 11, Painful Procedures); 
  5. Adequate pre-procedural and post-procedural care in accordance with current established veterinary medical and nursing procedures.

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Record-keeping (§2.35)

IACUC records to be kept by the research facility include minutes of the meetings, records of protocols, and the semi-annual evaluations.

For each dog and cat, including any of their offspring, the facility must keep records of who they got it from (name, address, USDA license number or vehicle license number), date of acquisition, description of the animal, official USDA tag number and the number assigned to the animal by the facility. If a facility transfers ownership of a dog or cat, records must indicate the name and address of the new owner, date, and vehicle information. APHIS form 7006 is useful for this purpose. 

All records and reports should be kept for 3 years, and made available to the APHIS inspector if requested.

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Annual Report (§2.36)

The annual report is due at the Regional Director's office no later than December 1 of each year, and covers the previous Federal fiscal year. The report (which is put on a standard form) must include:

Assurance that professionally acceptable standards governing the care, treatment, and use of animals, including appropriate use of anesthetic, analgesic, and tranquilizing drugs, prior to, during, and following actual research, teaching, testing, surgery, or experimentation were followed by the research facility;

Assurance that each principal investigator has considered alternatives to painful procedures;

Assurance that the facility is adhering to the standards and regulations under the Act, and that it has required that exceptions to the standards and regulations be specified and explained by the principal investigator and approved by the IACUC. A summary of all such exceptions must be attached to the facility's annual report... 

State the location of all facilities where animals were housed or used in actual research, testing, teaching, or experimentation, or held for these purposes;

and give an accounting of the number and species of animals used in each pain category

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Miscellaneous (§2.38)

This section describes how the facility must comply with the APHIS inspector when he/she comes, the methods of identifying dogs and cats, and health certificates for dogs, cats and NHPs. 

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©1999, Janet Becker Rodgers, DVM, MS, DipACLAM, MRCVS

All rights reserved.

Comments? Send an email to janet.rodgers@vet.ox.ac.uk