The Animal Welfare Act
Last updated on 01/30/02
1. Laboratory Animal Welfare Act of 1966 (Public Law 89-544)
2. Animal Welfare Act of 1970 (Public Law 91-579)
3. 1976 Amendments to the Animal Welfare Act (Public Law 94-279)
4. Food Security Act of 1985 (Public Law 99-198), Subtitle F (Improved Standards
for Laboratory Animals)
5. Food and Agriculture Conservation and Trade Act of 1990 (Public Law 101-624), Section
2503, Protection of Pets
These laws contain provisions to prevent the sale or use of animals that
have been stolen, prohibit animal fighting ventures, and ensure that animals
used in testing, teaching or research, for exhibition or as pets receive humane
care and treatment. Regulatory authority is given to the secretary of the USDA
and is implemented by APHIS. The rules and regulations are published in the
Code of Federal Regulations, Title 9 (Animals and Animal Products), Chapter 1,
Subchapter A (Animal Welfare){3948},
which is commonly referred to as just "9 CFR".
Within 9 CFR, Part 2 contains the regulations for registration, the IACUC,
personnel qualifications, the attending veterinarian, record keeping, and the
annual report. Part 3 contains the standards for the facility and its
operation and for the care and transportation of animals. The different
sub-parts are in the process of being updated: sub-part A (dogs, cats and NHPs)
was updated in 1991, sub-parts B (guinea pigs and hamsters) and C (rabbits) were
completed in 1989, and sub-parts E (marine mammals), F (other animals) and G
(farm animals) are still underway.{4099}
The original AWA in 1966 applied to dealers of dogs and cats, and to
biomedical users. Once dealers were licensed or biomedical users registered,
however, there were regulations to follow for the care of hamsters, rabbits,
guinea pigs and NHPs. In biomedical organizations the law applied only
to animals prior to or after actual research or testing, not during these
activities{3947}.
The 1970 amendments added any warm-blooded animals designated by the
Secretary of Agriculture to the list of regulated species. The term
"dealer" was broadened to incorporate those who sold any regulated
animal for research, teaching, exhibition, or use as a pet at the wholesale
level; retail pet stores were excluded. Zoos were added and required to be
licensed. The standards for animal care were extended to cover their entire
stay in the facility, and the facility had to show annually that professionally
acceptable standards were being followed. Use of anesthetic, analgesic and
tranquilizing drugs had to be used under these regulations, if appropriate{3947}.
The 1976 amendments added common carriers (airlines) under the coverage of
the AWA. Containers and conditions of shipment were regulated. Interstate
promotion or shipment of animals for fighting ventures were outlawed{3947}.
Requirements for exercising dogs and
providing psychological well-being services for NHPs were mandated by the 1985
amendment.{4099}
The 1990 amendment expanded the AWA
to protect pets. Humane societies, pounds and research facilities have to hold
each dog or cat for at least 5 days to allow the owners time to claim it before
selling the dog or cat to a dealer. A dealer must provide valid certification
with each random source dog or cat that includes:
This certification must be kept for
at least a year by both the dealer and the research facility. If a dealer
violates this law more than once, they are subject to a fine of $5000 per dog or
cat; if they violate it three or more times their license will be revoked.
This information is at http://www.nal.usda.gov/awic/legislat/pl101624.htm
In September 2000 the USDA settled
out of court with the Alternatives Research and Development Foundation (ARDF)
and agreed to include rats, mice and birds under the definition of
"animal." However, Congress prohibited USDA from issuing a final rule
until after FY 2002.{4510}
APHIS is still considering the
final policy on provision for the psychological well-being of NHPs, following
publication of the draft version in July 1999.{4510}
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