title 9-animals and animal products - usda …€¦ · title 9-animals and animal products ......

3270 RULES AND REGULATIONS

Title 9-ANIMALS ANDANIMAL PRODUCTS

Chapter I—Agricultural ResearchService, Department of AgricultureSUBCHAPTER A—LABORATORY ANIMAL

WELFARE

REGULATIONS AND STANDARDSOn December 15, 1966, there was pub-

lished in the FEDERAL REGISTER (31 P.R.16110) a notice of proposed rule makingconcerning the issuance of regulationsand standards under the Act of August24, 1966 (P.L. 89-544), commonly knownas the Laboratory Animal Welfare Act.After due consideration of all relevantmaterial submitted in connection withsuch notice and pursuant to the provi-sions of the Act of August 24, 1966, anew Subchapter A is hereby added toChapter I of Title 9 of the Code of Fed-eral Regulations, to be designated "Lab-oratory Animal Welfare," reading asfollows:

PART 1—DEFINITIONS OF TERMS§ 1.1 De fin ition s.

For the purposes of this subchapter,unless the context otherwise requires, thefollowing terms shall be construed, re-spectively, to mean:

(a) "Act" means the Act of August 24,1966 (P.L. 89-544), commonly knownas the Laboratory Animal Welfare Act.

(b) "Department" means theT.I.S. De-partment of Agriculture.

(c) "Secretary" means the Secretaryof Agriculture of the United States, orany officer or employee of the Depart-ment to whom authority has heretoforebeen delegated or to whom authoritymay hereafter be delegated, to act in hisstead.

(d) "Division" means the AnimalHealth Division, Agricultural ResearchService, of the Department.

(e) "Director" means the Director ofthe Division or any other official of theDivision to whom authority has hereto-fore been delegated or to whom authoritymay hereafter be delegated, to act in hisstead.

(f) "Veterinarian in Charge" meansthe Veterinarian who is assigned by theDirector to supervise and perform theofficial work of the Division in a givenState and who reports directly to the Di-rector. As used in Part 2 of this sub-chapter, the Veterinarian in Charge shallbe deemed to be the one in charge of theofficial work of the Division in the Statein which the dealer or research facilityhas his principal place of business'

(g) "Division representative" meansany inspector or other person employedfull time by the Division who is respond-

3 The name and address of the cterinariattla Charge in the State concerned can beobtained by writing to the Director, AnimalHealth Division, Agricultural Essearch Serv-ice, U.S. Department of Agriculture, Elyatts-vile, Md. 20782.

ble for the performance of the functioninvolved.

(h) "State" means a State, the Dis-trict of Columbia, Commonwealth ofPuerto Rico, or a territory or possessionof the United States.

(i) "Person" means any individual,partnership, firm, joint stock company,corporation, association, trust, estate, orother legal entity.

(j) "Dog" means any live dog (Canisfamiliaris).

(k) "Cat" means any live cat (Fellscatus).

(1) "Animal" means any live dog cat,nonhuman primate, guinea pig, hamster,or rabbit.

(m) "Nonhuman primate" means anynonhuman member of the highest orderof mammals including prosimians, mon-keys, and apes.

(n) "Research facility" means anyschool, institution, organization, or per-son that uses or intends to use dogs orcats in research, tests, or experiments,and that (1) purchases or transportsdogs or cats in commerce, or (2) receivesfunds under a grant, award, loan, or con-tract from a department, agency, orinstrumentality of the United States forthe purpose of carrying out research,tests, or experiments with animals.

(o) "Dealer" means any person whofor compensation or profit delivers fortransportation, or transports, except asa common carrier, buys, or sells dogs orcats in commerce for research purposes.

(p) "Class 'A' dealer" means a dealerwhose business involving dogs or catsincludes only those dogs or cats that hebreeds and raises as a closed or stablecolony and dogs or cats that he acquiresfor the sole purpose of maintaining ca.enhancing his breeding colony.

(q) "Class 'B' dealer" means anydealer who does not meet the definitionof Class "A" dealer.

(r) "Commerce" means commerce be-tween any State, territory, possession, orthe District of Columbia, or the Com-monwealth of Puerto Rico, and any placeoutside thereof ; or between points withinthe same State, territory, or possession,or the District of Columbia, or the Com-monwealth of Puerto Rico, but throughany place outside thereof; or within anyterritory, possession, or the District ofColumbia.

(s) "Licensee" means any person li-censed as a dealer pursuant to the pro-visions of the Act and the regulations inPart 2 of this subchapter.

(t) "Registrant" means any researchfacility registered pursuant to the pro-visions of the Act and the regulations inPart 2 of this subchapter.

(u) "Standards" means the require-ments with respect to the humane han-dling, care, treatment, and transporta-tion of animals by dealers and researchfacilities set forth in Part 3 of this sub-chapter.

(v) "Primary enclosure" means anystructure used to immediately restrict ananimal or animals to a limited amountof space, such as a room, pen, run, cage,compartment or hutch.

(w) "Housing facility" means anyroom, building, or area used to containa primary enclosure or enclosures.

(x) "Sanitize" means to make physi-cally clean and to remove and destroy toa practical minimum, agents injuriousto health.

(y) "Euthanasia" means the humanedestruction of an animal accomplishedby a method that involves instantaneousunconsciousness and immediate deathor by a method that involves anesthesia,produced by an agent which causespainless loss of consciousness, and deathduring such loss of consciousness.

(z) "Ambient temperature" meansthe temperature surrounding the animal.

(aa) "Nonconditioned dogs or cats"means dogs or cats which have not beensubjected to special care and treatmentfcr sufficient time to stabilize and, wherenecessary, to improve their health tomake them suitable for research pur-poses.

(bb) "Dwarf hamster" means anyspecies of hamster, such as the Chineseand Armenian species, whose adult bodysize is substantially less than that at-tained by the Syrian or Golden speciesof hamsters.(Laboratory Animal Welfare Act of Aug. 24,1968; P.L. 89-544)

PART 2—REGULATIONSLICENSING

Sec.

2.1 Application.

2.2 Acknowledgment of standards.

2.9 Demonstration of compliance withstandards.

2.4 Issuance of licenses.Duration of license.

2.8 Annual fees.2.7 Notification of change of name, ad-

dress, control or ownership ofbusiness.

2.8 Renewal and termination.2.9 Officers, agents, and employees of

licensees whose licenses have beensuspended or revoked.

2.10 Licensees whose licenses have beensuspended or revoked.

REGISTRATION

2.25 Requirements and procedures.2.28 Acknowledgment of standards.2.27 Notification of change of operation.

IDENTIFICATION OP DOGS AND CATS

2.50 Time and method of identification.2.51 Form of official tag.2.52 How to obtain tags.2.53 Use of tags.2.54 Lost tags.2.55 Removal of tag.

RECORDS

2.75 Records, dealers.2.78 Records, research facilities.2.77 Records of disposition.

COMPLIANCE WITH STANDARDS AND HOLDINGPERIOD

2.100 Compliance with standards.2.101 Holding period.

MISCELLANEOUS2.125 Information as to business; furnish-

ing of by dealers and research

2.126 Inspection of records and property ofdealers and research facilities.

FEDERAL REGISTER, VOL. 32, NO. 37—FRIDAY, FEBRUARY 24, 1967

RULES AND REGULATIONS .V71

2.127 Publication of names of dealers andresearci. facilities.

2.128 Inspection for missing animals.2.120 Confiscation and destruction of

animals.

ArTnoxrry : The provisions of this Part 2issued -under Laboratory Animal Wclfare Actof Aug. 24.1966; P.L. 89-544.

LIcErrsnqc

§ 2.1 Application.

(a) Any person operating or desiringto operate as a dealer, except persons whoare exempted from the licensing require-ments under section 3 of the Act, shallapply for a license on a form which willbe furnished, upon request, by the Vet-erinarian in Charge in the State in whichsuch person operates or intends to oper-ate. If such person operates in morethan one State. he shall apply in theState In which he has his principal placeof business. The completed applicationform shall be filed with such Veterinar-ian in Charge.

(b) Any person who is not a dealerbut who desires to obtain a license, shallfollow the requirements for dealers setforth in paragraph (a) of this sectionand in §§ 2.2 and 2.3 and shall agree inwriting, on a form furnished by theDivision, to comply with all the require-ments of the Act and the provisions ofthis subchapter.§ 2.2 Acknowledgment of standards.

A copy of the applicable standardswill be supplied with each application fora license, and the applicant shall ac-knowledge receipt of such standards andagree to comply -with them by signinga form provided for such purpose by theDivision. Such form shall be filed withthe application for a license.

-§ 2.3 Ltentonstration of compliance withstandards.

Each applicant must demonstrate thathis facilities comply with the standardsset forth in Part 3 of this subchapter.In connection therewith, the applicantmust make his facilities available at atime or times mutually agreeable to saidapplicant and the Division for inspectionby a Division representative fbr thePurpose of ascertaining compliance withsaid standards. If the applicant's facil-ities do not meet the requirements ofthe standards, the applicant will be ad-vised of existing deficiencies and thecorrective measures that must be takenbefore such facilities will be in compli-ance with the standards.

§ 2.4 Issuance of licenses.

A license will be issued to any applicantwhen the requirements of §§ 2.2.22, ande.3 have been met, when the Secretaryhas determined that the applicant's facil-ities comply with the standards and when

- the applicant has submitted to the Veter-inarian in Charge the lee prescribed in§ 2.6 by certified check, cashier's checkor money order.

§ 2.5 Duration of license.

A license issued ender this Dart shallbe valid and effective unless:

(a) Said license has been revoked or issuspended pursuant to section 19 of theAct.

(b) Said license is automaticallyterminated pursuant to § 2.8, or

(c) Said license is voluntarily termi-nated upon the request of the licensee.§ 2.6 Annual fees.

(a) The amount of the annual licensefee will be based on the total grossamount, expressed in dollars, derivedfrom the sale of dogs anti cats to re-search facilities and other dealers by thelicensee or applicant during his precedingbusiness year (calendar or fiscal) in thrcase of a person who operated duringsuch year. In the case of an applicantfor a license who operated during a sub-stantial portion of his preceding businessyear but not the entire year, the annuallicense fee shall be computed by esti-mating the yearly volume of business onthe basis of the business done during theperiod of operation. In the case of aperson who has not so previously op-erated or has not so operated for asubstantial part of the previous 12months, the annual license fee will bebased on the anticipated total grossamount, expressed in dollars, to bederived from the sale of dogs and cats toresearch facilities or other dealers.

(b) The license fee shall be computedin accordance with the following table:

Total gross dollar amount Tee

Over But not ow: Class "A"donlrr

Class "Tt"denier

so •$2, 000 $10 5152,000 10, 000 so

10, coo :2.5, 000 100 20025,000 50, 000 150 30050, OM 100. 090 500

100, 000 500, 000 200 7150500, 00D 300 1, 000

(c) In any situation in which an appli-cant for a license demonstrates to thesatisfaction of the Secretary that hisoperations during his preceding businessyear or substantial portion thereof, asthe case may ee, -will not be represent-ative of his operations during the li-cense period, the Secretary shall basethe license fee upon the anticipatedoperations demonstrated by theapplicant.§ 2.7 Notification of change of name,

address, control or ownership ofbusiness.

A licensee shall promptly notify theVeterinarian in Charge of any change inthe name, address, management or sub-stantial control or ownership of hisbusiness or operation.

§ 2.8 Renewal and termination.

(a) Each year within 30 days prior tothe anniversary date of his license, a li-censee shall file with the Veterinarian inCharge a report, upon a form which willbe furnished to him upon request, set-ting forth the gross dollar amountderived from the sale of dogs and cats toresearch facilities and other dealers dur-ing his preceding business year and such

other information as may be requesteethereon.

(b) Each license shall automaticallyterminate on Its anniversary date unlesson or before such date the report providedfor in paragraph (a) of this section andthe fee, by certified check, cashier'scheck, or money order, as set forth in§ 2.6, have been filed with the Veteri-narian in Charge. If such report andfee are not filed by the anniversary date,the licensee may obtain reinstatement ofhis license at any time u ithin 30 daysafter such anniversary date by paying anadditional fee of $10.

§ 2.9 Officers, agents, and employees oflicensees whose licenses have beensuspended or revoked.

Any person who has been or is anofficer, agent, or employee of a, licenseewhose license has been suspended or se-yoked and who was responsible fcr orparticipated in the violation upon whichthe order of suspension or revocation wasbased will not he licensed within theperiod during which the order of sus-pension or revocation is in effect.§ 2.10 Licensees whose licenses have

been suspended or revoked.

Any person whose license has beensuspended or revoked will not again belicensed in his own name or in any ethermanner within the period during whichthe order of suspension or revocation isin effect, and no partnership, firm orcorporation in which any such person hasa substantial financial interest will belicensed during said period.

REGISTRATION

§ 2.25 Requirements and procedures.

Each research facility shall registerwith the Secretary by completing andfiling a properly executed form which willbe furnished, upon request, by the Veteri-narian in Charge. Such registrationform shall be filed with such Veterinarianin Charge. Where a school or depart-ment of a university or college uses orintends to use dogs or cats for research,tests, or experiments, the university orcollege rather than the school or depart-ment will generally be considered the re-search facility and be required to registerwith the Secretary. In any situation inwhich a school or department of a uni-versity or college is a separate legal entityand its operations and administrationare" independent of those of the univer-sity or college, upon a proper showingthereof to the Secretary, the school ordepartment will be registered rather thanthe university or college. A subsidiaryof a business corporation, rather thanthe parent corporation, will be registeredas a research facility unless the sub-sidiary is under such direct control ofthe parent corporation that to effectuatethe purposes of the Act the Secretarydetermines that It Is necessary that theparent corporation be registered.

§ 2.26 Acknowledgment of standards.A copy of the applicable standards will

be supplied with each registration formand the registrant shall acknowledgereceipt of such standards and agree to



comply with them by signing a form pro-vided for such purpose by the Division.Such form shall be filed with the Veteri-narian in Charge.§ 2.27 Notification of change of opera-

lion.A registrant shall promptly notify the

Veterinarian in Charge of any change inhis name or address or any change in Idsoperations which would affect his statusas a research facility.

IDENTIFICATION OF DOGS AND CATS

§ 2.50 Time and method of identifica-tion.

(a) Except as otherwise provided inthis section. when a Class "A" dealersells or otherwise removes dogs or catsfrom his premises for delivery to a re-search facility or to another dealer, eachsuch dog or cat shall be identified by anofficial tag of the type described in § 2.51affixed to the animal's neck by means ofa collar made of material generally con-sidered acceptable to pet owners as ameans of identifying their pet dogs orcats: "Provided,however, That no officialtag need be affixed to any such dog thathas been identified by means of a dis-tinctive and legible tattoo markingacceptable to the Director.

(b) Except as otherwise provided inthis section, when a Class "B" dealerpurchases or otherwise acquires a dog orcat he shall immediately affix to suchanimal's neck an official tag of the typedescribed in § 2.51 by means of a collarmade of material generally consideredacceptable to pet owners as a meansof identifying their pet dogs or eats:'Provided, however, That if such dog orcat is already identified with an officialtag which has been applied by a previousdealer, he shall not remove such pre-viously attached tag. but shall treat itas if he had applied it himself.

(c) When any dealer has made a rea-sonable effort to affix an official tag toan adult cat as set forth in paragraphs(a) and (b) of this section and has beenunable to do so, or when the cat exhibitsextreme distress from the attachment ofa collar and tag. the dealer shall attachthe collar and tag to the door of the pri-mary enclosure containing the cat andtake proper measures to maintain theidentity of the cat in relation to the tag.

(d) Unweaned puppies or kittens neednot be individually identified as requiredby paragraphs (a) and (b) of this sec-tion while they are maintained as a litterwith their dam provided she has been soidentified.

g In general, well fitted collars made ofleather or plastic will be acceptable underthis provision. Tho use of certain types ofchains presently used by some dealers mayalso be deemed acceptable. A. determinationof the acceptability of t. aaterlal proposedfor usage as collars from the standpoint ofhumane considerations will be made by theDivision on nu individual basis in consulta-tion with dealers. The use of materials suchas wire or elastic that might readily causediscomfort or injury to dogs or cats will notbe acceptable.

§ 2,51 Form of official tag.

The official tag shall be made of adurable alloy such as brass, bronze, orsteel or of a durable plastic. Such tagshall be circular in shape and not lessthan 1 1/4 inches in diameter. Each tagshall be embossed or stamped withthe letters "USDA", and numbers andletters identifying the State, dealer, andanimal, as set forth in Figure 1. Suchtags shall be serially numbered and thereshall be no duplication of number's byany one dealer within a period of 3 years.

- Denoting State end dealer, reapaaelrely

- °matter. the ant•Al

Mara

§'1.52 How to obtain lags.

Dealers may obtain, at their own ex-pense, official tags from commercial tagmanufacturers," At the time a dealer isissued a license the Department will as-sign him dealer identification letters andinform him of the State number to beused on his official tags.§ 2.53 Use of tags.

Official tags obtained by a dealer shallbe applied to dogs or cats in the mannerset forth in § 2.50 and in as near consec-utive numerical order as possible. Notag shall be used to identify more thanone§ 2.51 Lost tags.

Each dealer shall account for all offi-cial tags that he acquires. In the eventan official tag is lost from the neck of adog or cat while in the possession of adealer a diligent effort shall be made tolocate and reapply such tag to the properanimal. If the lost tag is not located,the dealer shall affix another official tagto the animal in the manner prescribedin § 2.50.§ 2.55 Removal of tag.

(a) Upon arrival at a research facilityof a dog or cat wearing or identified byan official tag, such tag shall be removedand retained by the research facility:Provided, however, That at the discretionof the research facility such tag may beused to continue the identification of suchdog or cat.

(b) If a dealer or research facility findsit necessary to humanely dispose of adog or cat to which is affixed or which isidentified by an official tag, or upon thedeath of such dog or cat from othercauses, tile dealer or research facilityshall remove and retain such tag.

(c) All official tags removed and re-tained by a dealer or research facilityshall be held until called for by a Divi-sion representative or for a period not toexceed 1 year.

A list of the commercial manufacturerswho produce auch tags, known to the Depart-ment, may be obtained from the Veterinarianin Charge. Any manufacturer who desires tobe included In such list should notify theDirector.

RECORDS

§ 2.75 Records, dealers.

In connection with each dog and catpurchased or otherwise acquired, held,transported, or sold or otherwise dis-posed of, a dealer shall keep and main-tain the following information on theforms supplied and in the manner pre-scribed by the Division:

(a) The name and address of the per-son from whom acquired, and the personto whom sold or otherwise disposed of,and his license number if licensed as adealer;

(b) The dates of acquisition and dis-position; ( rri

The description and identificationof the animals, including the official tagnumber or tattoo number as affixed pur-suant to §§ 2.50 and 2.54.

(d) When dogs or cats are sold by adealer, the method of transportation ofsuch animals and (1) the name of thecommon carrier or (2) the license num-ber or other identification of the meansof conveyance and the name and addressof the driver of the means of convey

-ance; and.(e) The nature and method of dis-

position, e.g., sale, death, euthanasia, ordonation.§ 2.76 Records, research facilities.

(a) In connection with each dog andcat purchased or otherwise acquired, aresearch facility shall keep and maintainthe follov:Ing information on the formssupplied and in the manner prescribedby the Division:

(1) The name and address of the per-son from whom such animal was pur-chased or acquired, and his licensenumber if licensed as a dealer;

(2) The date acquired; and(3) The description and identification

of such animal, including the official tagnumber or tattoo number, if one isaffixed, and any identification number orletter assigned to the animal by suchresearch facility.

(b) In connection with all dogs andcats transported, sold, or otherwise dis-posed of by a research facility to anotherperson, such research facility shall keepand maintain, on forms supplied and inthe manner prescribed by the Division :

(1) The name and address of the per-son to whom the animal is transported,sold, or otherwise disposed of;

(2) The date of such sale or dispo-sition;

(3) The method of transportation ;and

(4) The name of the common carrier,or the identification of the means ofconveyance and the name and addressof the driver of such means of conve y

-ance.§ 2.77 Records disposition.

(a) Except as otherwise provided inParagraph (b) of this section, no dealeror research facility shall, within a periodof 1 year from the making thereof, de-stroy or dispose of, without the consentin writing of the Director, any books,records, documents or other papers re-


RULES AND REGULATIONS

3273

quired to be kept and maintained underthis part.

(b) The records required to be 'tentand maintained under this part shall beheld for such period in excess of the Iyear period specified in paragraph (a)of this section as may be required tocomply with any Federal, State. or locallaw. When the Director notifies a dealeror research facility in writing that spec-ified records shall be retained pendingcompletion of an investigation or pro-ceeding under the Act, such dealer or re-search facility shall hold such recordsuntil their disposition is authorized bythe Director.

COMPLIANCE WITH STANDARDS ANDHOLDING PERIOD

§ 2.100 Compliance with standards.

Each dealer and research facility shaltcomply in all respects with the stand-ards set forth in Part 3 of this sub-chapter setting forth the standards forthe humane handling, care, treatmentand transportation of animals: Provided,however, That such standards shall notapply to the handling, care, or treatmentof animals during actual research orexperimentation by a research facility asdetermined by such research facility.

2.101 Holding period.

(a) All dogs and cats acquired by adealer shall be held by Hinz, under hissupervision and control, for a period of5 business days after the acquisition ofsuch animals; Provided, however, Thatdogs or cats suffering from disease,emaciation or injury may be destroyedby euthanasia prior to the expiration ofthe 5-day holding period. X3esiriess dayshall mean any day of the week duringwhich the dealer normally operates hisbusiness.

(b) If the dealer obtains the prior ap-proval of the Veterinarian in Charge, liemay arrange to have another person holdsuch animals for him for the 5-day periodprovided for in paragraph (a) of thissection: Provided, however, That suchother person agrees in writing to coinenywith the Standards in Part 3 of this sub-chapter, and to allow inspection byDivision representative of his premises:And provided further, That the dogs andcats still remain under the control of thedealer.

MISCELLANEOUS

2.125 information 118 to business; fur-nishing of by dealers and research fa-cilities.

Each dealer and research facility shallfurnish to Division representatives, anyinformation concerning the business ofthe dealer or research facility which maybe requested by them in connection withthe enforcement of the provisions of theAct, the regulations and the Standardsin this subchapter, within such reason-able time as may be specified in the re-quest for such information.§ 2.126 Inspection of records and prop-

erty of dealers mid research facilities.

Eachdealer and research facility alien,upon request, during ordinary businesshours, permit Division representatives,

or other Federal officers or employeesdesignated by the Secretary to enter hisplace of business to examine records re-quired to be kept by the Act and the regu-lations in this Part, and to make copiesof such records, and permit Divisionrepresentatives to enter his place of busi-ness, to inspect such property and ani-mals as such representatives considernecessary to enforce the provisions of theAct, the regulations and the standardsin this subchapter. The use of a room,table, or other facilities necessary for theproper examination of such records andinspection of such property or animalsshall be extended to such authorized rep-resentatives of the Secretary by thedealer or research facility, his agents andemployees.§ 2.127 Publication of names of dealers

and research facilities.

Lists of persons licensed as dealersand lists of research facilities which areregistered, pursuant to the provisions ofthis part, shall be published periodicallyby the Division in the FEDERAL REGISTER.Such lists may also be obtained uponrequest from the Veterinarian in Charge.

§ 2.128 hive( ' for missing ' als.

(a) Each licensed dealer and each re-search facility shall, upon request, dur-ing ordinary business hours, permit,under the following conditions, police orlaw officers of legally constituted law en-forcement agencies with general law en-forcement authority (not those agencieswhose duties are limited to enforcementof local animal regulations) to enter theplace of business of such dealer or re-search facility to inspect animals andrecords for the purpose of seeking ani-mals that are missing:

(1) The poltce or law officer shall fur-nish to the dealer or research facility awritten description of the missing animaland the name and address of its owner;and

(2) The police or law officer shallabide by all security measures requiredby the dealer or research facility to pre-vent the spread of disease, including theuse of sterile clothing, footwear, andmasks where required.

(b) Such Inspection shall not extendto animnIs that are undergoing actualresearch or experimentation as deter-mined by such research facility.

§ 2.129 Conlisca l i tttt and destruct' of' Is.

If an animal being held by a dealer,or an animal being held by a researchfacility which is no longer required bysuch research facility to carry out the re-search test or experiment for which ithas been utilized, is found by a Divisionrepresentative to be suffering as a resulttif the failure of the dealer or researchfaculty to comply with any provision ofthe Act or any provision of the regula-tions or the standards set forth in thissubchapter, the Division representativeshall notify the dealer or research facil-ity of the condition of such animal andrequest that the condition be correctedand that adequate veterinary care begiven when necessary to alleviate the

animal's suffering, or that the animals bedestroyed by euthanasia. In the eventthat the dealer or research facility re-fuses to comply with such request, theDivision representative may confiscateand destroy such animal by euthanasiaif in the opinion of the Director the cir-cumstances warrant such action.

PART 3-STANDARDSSubpart A--Specifications for the Human Han-

dling, Caro, Treatment, and Transportation ofDogs and Cats

FACILITIES AND OPERATING STANDARDS

Sec.

3.1

Facilities, general.

3.2

Facilities, indoor.

3.3

Facilities, outdoor,3.4 Primary enclosure,

ANIMAL HEALTIE AND IIIISSANDRY STANDARDS

3.5 Feeding.3.0 Watering.3.7 Sanitation.3.8 Employees.3.0 Classification and separation.3.10 Veterinary care.

TRANSPGrtTAT1ON STANDARDS

3.11 Vehicles.3.12 Primary enclosure used to transport

dogs anti cats.3.13 Food and water requirements,3.14 Care in transit.

Subpart B-Zpecifications far the Human Han-dling, Care, Treatment, and Transportation ofGuinea Pigs and Hamsters


3,25 Facilities, general.3.26 Facilities, indoor.3,27 Facilities, outdoor.3.28 Primary enclosures,

ANIMAL HEALTH AND IlussANDav STANDARDS

3.26 Feeding.3.30 Watering.3.31 Sanitation.3.32 Employees.3.33 Classification and separation.3.34 Veterinary care.

TRANSPORTATION STANDARDS

3.35 Vehicles.3.36 Primary enclosures used to transport

guinea pigs and hamsters.3.37 Feed and water requirements.3.20 Care hi transit.

Subpart C-Svtectlications for the Humane Han-dling, Caro, Treatment and Transportation ofRabbits


3.50 Facilities, general.3.51 Facilities, indoor.3.52 Facilities, outdoor,3.53 Primary enclosures,

ANIMAL HEALTH AND flusaANour STANDARDS

3.54 Feeding.3.55 Watering.3.56 Sanitation.3.57 Employees.3.50 Classification and separation.3.50 Veterinary care,


3.60 Vehicles,3.01 Primary enclosures used to transport

rabbits.3.62 Food and water requirements,3.63 Care in transit.

FEDERAL REGISTER, VOL. 32, NO. 37-FRIDAY, FEBRUARY 24, 1967

3274

Subpart D—Spacifkations for the Humane Han-dling, Care, Trealment, and Transportation ofNonhuman Primates


9.75 Facilities, general.3.75 Facilities. indoor.3.77 Facilities, outdoor.3.78 Primary enclosures.

ANIMAL HEALTIC AND HUSBANDRY STANDARDS

3.79 Feeding.3.80 Watering.3.81 Sanitation.9.82 Employees.3.83 ClasslfleatIon and separation.9.84 Veterinary care.3.85 Vehicles.3.88 Primary enclosures used to transport

nonhuman primates.3.87 Food and water requirements.3.88 Care In transit.

AurzioarrY; The provisions of this Part3 issued under Laboratory Animal WelfareAct of Aug. 24, 1060; P.L. 89-544.

Subpart A—Specifications for the Hu-mane Handling, Care, Treatment,and Transportation of •Dogs andCatsFACILITIES AND OPERATING STANDARDS

g 3.1 Facilities, general.

(a.) Structural strength. Housing fa-cilities for dogs or cats shall be structur-ally sound and shall be maintained ingood repair, to protect the animals frominjury, to contain the animals, and torestrict the entrance of other animals.

(b) Water and electric power. Re-liable and adequate electric power, if re-quired to comply with other provisionsof this subpart, and adequate potablewater shall be available.

(c) Storage. Supplies of food andbedding shall be stored in facilities whichadequately protect such supplies againstinfestation or contamination by vermin.Refrigeration shall be provided for sup-plies of perishable food.

(d) Waste disposal. Provision shallbe made for the removal and disposalof animal and food wastes, bedding, deadanimals, and debris. Disposal facilitiesshall be so provided and operated as tominimize vermin infestation, odors, anddisease hazards.

(e) Washrooms and sinks. Facilities,such as washrooms, basins, or sinks, shallbe provided to maintain cleanlinessamong animal caretakers.

a 3.2 Facilities, indoor.

(a) Heating. Indoor housing facili-ties for dogs or cats shall be sufficientlyheated when necessary to protect thedogs or cats from cold, and to provide fortheir health and comfort. The ambienttemperature shall not be allowed to fallbelow 50° F. for dogs and cats not ac-climated to lower temperatures.

cb) Ventilation. Indoor housing fa-cilities for dogs or cats shall be ade-quately ventilated to provide for thehealth and comfort of the animals atall times. Such facilities shall be pro-vided with fresh air either by means ofwindows, doors, vents, or air condition-ing and shall be ventilated so as to mini-Mize drafts, odors, anc: moisture con-


densatlon. Auxiliary ventilation, suchas exhaust fans and vents or air condi-tioning, shall be provided *when the am-bient temperature is 85° F. or higher.

(c) Lighting. Indoor housing facili-ties for dogs or cats shall have amplelight, by natural or artificial means, orboth, of good quality and well distrib-uted. Such lighting shall provide uni-formly distributed illumination of suffi-cient light intensity to permit routineinspection and cleaning durin g the en-tire working period. Primary enclo-sures shall be so placed as to protect thedogs or cats from excessive illumination.

(d) Interior surfaces. The interiorbuilding surfaces of indoor housing fa-cilities shall be constructed and main-tained so that they are substantiallyimpervious to moisture and may be read-ily sanitized.

(o) Drainage. A suitable method shallbe provided to rapidly eliminate excesswater from indoor housing facilities. Ifdrains are used, they shall be Properlyconstructed and kept in good repair toavoid foul odors therefrom. If closeddrainage systems are used, they shall beequipped with traps and so installed asto prevent any backup of sewage onto thefloor of the room.§ 3.3 Facilities, outdoor.

(a) Shelter from sunlight. When sun-light is likely to cause overheating ordiscomfort, sufficient shade shall be pro-vided to allow all dogs and cats kept out-doors to protect themselves from thedirect rays of the sun.

(b) Shelter from rain or snow. Dogsand cats kept outdoors shall be providedwith access to shelter to allow them toremain dry during rain or snow.

(c) Shelter front cold weather. Shel-ter shall be provided for all dogs andcats kept outdoors when the atmos-pheric temperature falls below 50° F.Sufficient clean bedding material or othermeans of protection from the weatherelements shall be provided when theambient temperature falls below thattemperature to which a dog or cat isacclimated.

(d) Drainage. A suitable methodshall be provided to rapidly eliminateexcess water.§ 3.4 Primary enclosures.

All primary enclosures for dogs andcats shall conform to the followingrequirements:

(a) General--(1) Requirements forprimary enclosures for dogs and cats.(1) Primary enclosures shall be struc-turally sound and maintained in goodrepair to protect the dogs and cats frominjury, to contain them, and to keeppredators out.

(ii) Primary enclosures shall be con-structed and maintained so as to enablethe dogs and cats to remain dry andclean.

(iii) Printery enclosures shall be con-structed and maintained so that the dogsor cats contained therein have conven-ient access to clean food and water asrequired in this subpart.

(iv) The floors of the primary enclo-sures shell be constructed so as to pro-tect the dogs' and cats' feet and legs frominjury.

(2) Additional requirements for pri-mary enclosures housing cats. (1) In allenclosures having a solid floor, a re-ceptacle containing sufficient clean littershall be provided to contain excreta.

(11) Each primary enclosure shall beprovided with a solid resting surface orsurfaces which, in the aggregate, shall beof adequate size to comfortably hold alloccupants of the primary enclosure atthe same time. Such resting surface orsurfaces shall be alevated in primary en-closures housing two or more cats.

(b) Space requirements—(1) .Dogsand cats. Primary enclosures shall beconstructed and maintained so as to pro-vide sufficient space to allow each dogand cat to turn about freely and to easilystand, sit and lie in a comfortable nor-mal position.

(2) Dogs. ) In addition to the pro-visions of subparagraph (1) of this para-graph, each dog housed in any primaryenclosure shall be provided a minimumsquare footage of floor space equal to themathematical square of the sum of thelength of the dog in inches, as measuredfrom the tip of its nose to the base of itstail, plus 6 inches, expressed in squarefeet' Not more than 12 adult noncondi-tioned dogs shall be housed in the sameprimary enclosure.

(ii) Dog houses with chains. If doghouses with chains are used as primaryenclosures for dogs kept outdoors, thechains used shall be so placed or attachedthat they cannot become entangled withthe chains of other dogs or any otherobjects. Such chains shall be of a typecommonly used for the size dog involvedand shall be attached to the dog bymeans of a well fitted collar. Suchchains shall be at least three times thelength of the dog as measured from thetip of its nose to the base of its tail andshall allow the dog convenient access tothe dog house.

(3) Cats. In addition to the provi-sions of subparagraph (1) of this para-graph, each adult cat housed in anyprimary enclosure shall be provided aminimum of 2I/2 square feet of floorspace. Not more than 12 adult non-conditioned cats shall be housed in thesame primary enclosure.ANIMAL HEALTH AND HUSBANDRY STANDARDS

§ 3.5 Feeding.

(a) Dogs and cats shall be fed at leastonce each day except as otherwise mightbe required to provide adequate veteri-nary care. The food shall be free from

This requirement may be computed by using the following equation:

(length of dog in inches +0) X (length of dog in Jnches+8)Required area in square inches

=Required Square feet of floor space/41

FEDERAL REGISTER, VOL 32, NO. 37—FRIDAY, FEBRUARY 24, 1967

RULES AND REGULATIONS 3275

contamination, wholesome, palatable,and of sufficient quantity and nutritivevalue to meet the normal daily require-ments for the condition and size of thedog or cat.

(b) Food receptacles shall be accessi-ble to all dogs or oats and shall be locatedso as to minimize contamination by ex-creta. Feeding pans shall be durableand kept clean. The food receptaclesshall be sanitized at least once every 2weeks. Disposable food receptacles maybe used but must be discarded after eachfeeding. Self feeders may be used forthe feeding of dry food, and they shaltbe sanitized regularly to prevent mold-ing, deterioration or caking of feed.§ 3.6 Watering.

If potable water Is not accessible tothe dogs and cats at all times, potableliquids shall be offered to such animalsat least twice daily for periods of notless than 1 hour, except as might other-wise be required to provide adequateveterinary care. Watering receptaclesshall be kept clean and shall be sanitizedat least once every 2 weeks.

§ 3.7 Sanitation.

(a) Cleaning of primary enclosures.Excreta shall be removed from primaryenclosures as often as necessary to pre-vent contamination of the dogs or catscontained therein and to reduce diseasehazards and odors. When a hosing orflushing method is used for cleaning aPrimary enclosure commonly known asa cage, any dog contained therein shallbe removed from such enclosure duringthe cleaning process, and adequate Meas-ures shall be taken to protect the animalsin other such enclosures from being con-taminated with water and other wastes.

(b) Saratization of primary enclosures.(1) Prior to the introduction of noncon-ditloned dogs or cats into empty primaryenclosures previously occupied, such en-closures shall be sanitized in the mannerprovided in subparagraph (3) of thisparagraph.

(2) Primary enclosures for dogs orcats shall be sanitized often enough toprevent an accumulation of debris or ex-creta. or a disease hazard: Provided,however, That such enclosures shall besanitized at least once every 2 weeks inthe manner provided in subparagraph(3) of this paragraph.

(3) Cages, rooms and hard-surfacedpens or runs shall be sanitized by wash-ing them with hot water (180° F.) andsoap or detergent as in a mechanical cagewasher, or by washing all soiled surfaceswith a detergent solution followed by asafe and effective disinfectant, or bycleaning all soiled surfaces with livesteam. Pens or runs using gravel, sand,or dirt shall be sanitized by removing thesoiled gravel, sand, or dirt and replacingit as necessary.

(c) Housekeeping. Premises (build-ings and grounds) shall be kept cleanand in good repair in order to protectthe animals from injury and to facilitatethe prescribed husbandry practices setforth In this subpart. Premises shallremain free of accumulations of trash,

(d) Pest control. An effective pro-gram for the control of insects, ecto-parasites, and avian and mammalianPests shall be established and main-tained.

§ 3.8 Employees.

A sufficient number of employees shallbe utilized to maintain the prescribedlevel of husbandry practices set forth inthis subpart. Such practices shall beunder the supervision of an animal care-taker who has a background in animalhusbandry or care.§ 3.9 Clussiliculiou amid separation.

Animals housed in the same primaryenclosure shall be maintained in com-patible groups, with the following addi-tional restrictions:

(a) Females in season (estrus) shallnot be housed in the same primary en-closure with males, except for breedingpurposes.

(b) Any dog or cat exhibiting a vi-cious disposition shall be housed indi-vidually in a primary enclosure.

(c) Puppies or kittens shall not behoused in the same primary enclosurewith adult dogs or cats other than theirdams, except when permanently main-tained in breeding colonies.

(d) Dogs shall not be housed in thesame primary enclosure with cats, norshall dogs or cats be housed in the sameprimary enclosure with any other speciesof animals.

(e) Dogs or cats under quarantine ortreatment for a communicable diseaseshall be separated from other dogs orcats and other susceptible species of ani-mals in such a manner as to minimizedissemination of such disease.§ 3.10 Veterinary rare.

(a) Programs of disease control andprevention, euthanasia, and adequateveterinary care shall be established andmaintained under the supervision andassistance of a doctor of veterinary medi-cine.

(b) Each dog and cat shall be observeddaily by the animal caretaker in charge,or by someone under his direct super-vision, Sick or diseased, injured, lame,or blind dogs or cats shall be providedwith veterinary care or humanely dis-posed of unless such action is inconsist-ent with the research purposes for whichsuch animal was obtained and is beingheld: Provided, however, That the pro-vision shall not effect compliance withany State or local law requiring the hold-ing, for a specified period, of animalssuspected of being diseased.


§ 3.11 Vehicles.(a) Vehicles used in transporting dogs

or eats shall be mechanically sound andequipped to provide fresh air to all ani-mals being transported without injuri-ous drafts.

(b) The animal cargo space shall beso constructed and maintained as to pre-vent the ingress of exhaust from thevehicle's engine.

(c) The interior of the animal cargospace shall be kept clean.

§ 3.12 Primary enclosures used to trans.port dogs and eats.

(a) Primary enclosures, such as com-partments or transport cages, cartons orcrates, used to transport dogs or cats,shall be well-constructed and well-ven-tilated and designed to protect the healthand insure the safety of the animals,Such enclosures shall be constructed orpositioned in the vehicle in such a man-ner that (1) each animal in the vehiclehas access to sufficient air for normalbreathing, (2) the openings of such en-closures are easily accessible at all timesfor emergency removal of the animalsand (3) the animals are afforded ade-quate protection from the elements. Thetemperature within such enclosures shallnot be allowed to exceed the atmospherictemperature. Moreover, the ambienttemperature shall not be allowed to ex-ceed 95° F. at any time nor exceed 85° F.for a period of more than 4 hours, norbe allowed at any time to fall below 45°F. unless the animals are acclimated tolower temperatures.

(b) Animals transported in the sameprimary enclosure shall be of the samespecies and maintained in compatiblegroups. Puppies or kittens shall not betransported in the same primary en-closures with adult dogs or cats otherthan their dams. Any dog or eat ex-hibiting a vicious disposition shall betransported individually in a primaryenclosure. Any female dog or cat inseason (estrus) shall not be transportedin the same primary enclosure with anymale.

(c) Primary enclosures used to trans-port dogs or cats shall be large enoughto insure that each animal containedtherein has sufficient space to turn aboutfreely, to stand erect, and to lie in a nat-ural position.

(d) Animals shall not be placed inprimary enclosures over other animalsin transit unless each enclosure is fittedwith a floor of a matrlal which preventsanimal excreta from entering Tower en-closures.

(e) Primary enclosures used to trans-port dogs or cats shall be cleaned andsanitized between shipments. All litterin the vehicle shall be clean at the be-ginning of each trip.

§ 3,13 Food and water requirements.

(a) If dogs or cats are transportedfor a period of more than 12 hours:

(1) The vehicle shall stop at least onceevery 12 hours, and remain stopped fora period of at least 1 hour, during whichtime potable water shall be continuouslyprovided for the dogs and cats.

(2) Each adult dog and cat shall befed at least once in each 24-hour period.Puppies and kittens shall have foodmade available to them every 8 hours.

(b) Dogs shall be removed from thevehicle and given fresh water and an op-portunity for exercise if they have beenconfined In the vehicle for a period of30 hours,

§ 3.14 Care in transit.

It shall be the responsibility of the at-tendant or driver to inspect the animals

FEDERAL REGISTER, VOL. 32, NO, 37—FRIDAY, FEBRUARY 24, 1967

Minimumspace perguinea pig

(BonfireInches)

Weight or stage of maturity

Weaning to no gr11111S 350 grams or more Breeders

in00

100


frequently to determine whether theyneed emergency veterinary care and ifso, to obtain such care at the earliestopportunity.

Subpart H--Specifications for the Hu-mane Handling, Care, Treatment,and Transportation of Guinea Pigsand Hamsters


§ 325 Facilities, general.

(a) Structural strength. Housingfacilities for guinea pigs or hamstersshall be structurally sound and shall beMaintained in good repair, to protectthe animals from injury, to contain theanimals, and to restrict the entrance ofother animals.

(b) Water and electric power. Re-liable and adequate electric power, ifrequired to comply with other provisionsof this subpart, and adequate potablewater shall be available.

(c) Storage. Supplies of food andbedding shall be stored in facilities whichadequately protect such supplies againstspoilage or deterioration and infestationor contamination by vermin. Food sup-plies shall be stored in containers withtightly fitting lids or covers or In theoriginal containers as received from thecommercial sources of supply. Refrig

-eration shall be provided for supplies ofperishable food.

(d) Waste disposal. Provisions shallbe made for the removal and disposal ofanimal and food wastes. bedding, deadanimals, and debris. Disposal facilitiesshall be so provided and operated as toMinimize vermin infestation, odors, anddisease hazards.

(e) Washroom and sinks. Facilities,such as washrooms, basins, or sinks,shall be provided to maintain cleanlinessamong animal caretakers.

§ 3.26 Facilities, indoor.

(a) Heating. Indoor housing facili-ties for guinea pigs or hamsters shall besufficiently heated when necessary toprotect the animals from the cold, andto provide for their health and comfort.The ambient temperature shall not beallowed to fall below 60° F. nor to exceed85° F.

(b) Ventilation. Indoor housingfacilities for guinea pigs or hamstersshall be adequately ventilated to providefor the health and comfort of the ani-mals at all times. Such facilities shallbe provided with fresh air either bymeans of windows, doors, vents, or airconditioning, and shall be ventilated soas to minimize drafts, odors, and mois-ture condensation. The ambient tem-perature shall not be allowed to riseabove 65° F.

(c) Lighting. Indoor housing facili-ties for guinea pigs or hamsters shallhave ample light, by natural or artificialmeans, or both, of good quality and welldistributed. Such lighting shall provideuniformly distributed illumination ofsufficient light intensity to permit rou-tine inspection and cleaning during theentire working period. Primary enclo-sures shall be so placed as to protect

the guinea pigs or hamsters from exces-sive illumination.

(d) Interior surfaces. The interiorbuilding surfaces of indoor housingfacilities shall be constructed and main-tained so that they are substantially im-pervious to moisture and may be readilysanitized.§ 3.27 Facilities, outdoor.

(a) Hamsters shall not be housed inoutdoor facilities.

(b) Guinea pigs shall not be housedin outdoor facilities unless such facilitiesare located in an appropriate climateand prior approval for such outdoorhousing is obtained from the Director.§ 3.28 Primary enclosures.

All primary enclosures for -guinea pigsand hamsters shall conform to the fol-lowing requirements:

(a) General. (1) Primary enclosuresshall be structurally sound and main-tained in good repair to protect theguinea pigs and hamsters from injury.Such enclosures, including their racks,shelving and other accessories, shall beconstructed of smooth material substan-tially impervious to liquids and moisture.

(2) Primary enclosures shall be con-structed and maintained so that theguinea pigs or hamsters contained there-in have convenient access to clean foodand water as required in this subpart.

(3) Primary enclosures having a solidfloor shall be provided with clean bed-ding material.

(4) Primary enclosures equipped withmesh or wire floors shall be so con-structed as to allow feces to pass throughthe spaces of the mesh or wire: Provided,however, That such floors shall be con-structed so as to protect the animals'feet and legs from injury.

(b) Space requirements—(1) Guineapigs and hamsters. Primary enclosuresshall be constructed and maintained soas to provide sufficient space for eachanimal contained therein to make nor-mal postural adjustments with adequatefreedom of movement.

(2) Guinea pigs. In addition to theprovisions of subparagraph (1) of thisparagraph, the following space require-ments are applicable to primary enclos-ures tor guinea pigs:

(i) The interior height of any prima ►enclosure used to confine guinea pigsshall be at least 61/2 inches.

(I) Each guinea pig housed in a pri-mary enclosure shall be provided a min-imum amount of floor space in accord-ance with the following table:

(3) Hamsters. In addition to the pro-visions of subparagraph (1) of this para-graph the following space requirementsare applicable to primary enclosures forhamsters:

(i) The interior height of any primaryenclosure used to confine hamsters shallbe at . least 51/2 inches, except that in thecase of dwarf hamsters, such interiorheight shall be at least 5 inches..

(ii) A nursing female hamster, to-gether with her litter, shall be housedin a primary enclosure which containsno other hamsters and which providesat least 121 square inches of floor space:Provided, however, That in the case ofdwarf hamsters such floor space shallbe at least 25 square inches.

MD The minimum amount of floorspace per individual hamster and themaximum number of hamsters allowedin a single primary enclosure, except asprovided for nursing females in subdi-vision (ii) of this subparagraph, shall bein accordance with the following table:

Minimum space MaximumAre per hamster (square population

Inc les) per en -closureclosure

Dwarf OtherWeaning to 5 weeks__ 5. n 10.0 205 to 10 weeks 7.5 12.5 la10 weeks or more_ 0 I5.0 13

ANIMAL HEALTH AND HUSDANDRYSTANDARDS

§ 3.29 Feeding.

(a) Guinea pigs and hamsters shallbe fed each day except as otherwisemight be required to provide adequateveterinary care. The food shall be freefrom contamination, wholesome, palat-able and of sufficient quantity and nutri-tive value to meet the normal daily re-quirements for the condition and size ofthe guinea pig or hamster.

(b) Food comprising the basic dietshall be at least equivalent in quality andcontent to pelleted rations producedcommercially and commonly availablefrom feed suppliers.

(c) The baste diet of guinea pigs andhamsters may be supplemented withgood quality fruits or vegetables con-sistent with their individual dietary re-quirements.

(d) Food receptacles, if used, shall beaccessible to all guinea pigs or hamstersin a primary enclosure and shall belocated so as to minimize contaminationby excreta. All food receptacles shall bekept clean and shall be sanitized at leastonce every 2 weeks. If self-feeders areused for the feeding of pelleted feed,measures must be taken to prevent mold-ing, deterioration or caking of the feed.Hamsters may be fed pelleted feed on thefloor of a primary enclosure.

(e) Fruit or vegetable food supple-ments may be placed upon the beddingwithin the primary enclosure: Provided,however, That the uneaten portion ofsuch supplements and any bedding soiledas a result of such feeding practices shallbe removed from the primary enclosurewhen such uneaten supplements ac-cumulate or such bedding becomes soiledto a degree that might be harmful oruncomfortable to animals therein.



§ 3.30 Watering.Unless food supplements consumed by

guinea pigs or hamsters supply themwith their normal water requirements,potable water shall be provided daily ex-cept as might otherwise be required toprovide adequate veterinary care. Opencontainers used for dispensing water toguinea pigs or hamsters shall be so placedin or attached to the primary enclosureas to minimize contamination from ex-creta. Alt watering receptacles shall besanitized when dirty: Provided, however,That such receptacles shall be sanitizedat least once every 2 weeks.§ 3.31 Sanitation.

(a) Cleaning and sanitation of pri-mary enclosures, (1) Primary enclo-sures shall be cleaned and sanitized oftenenough to prevent an accumulation ofexcreta or debris: Provided, however,That such enclosures shall be sanitizedat least once every 2 weeks in the mannerprovided in subparagraph (4) of thisparagraph.

(2) In the event a primary enclosurebecomes soiled or wet to a degree thatmight be harmful or uncomfortable tothe animals therein due to leakage ofthe watering system, discharges fromdead or dying animals, spoiled perish-able foods, or moisture condensation, theguinea pigs or hamsters shall be trans-ferred to clean primary enclosures.

(3) Prior to the introduction of guineapigs or hamsters into empty primary en-closures previously occupied, such en-closures shall be sanitized in the mannerprovided in subparagraph (4) of thisparagraph.

(4) Primary enclosures for guinea pigsor hamsters shall be sanitized by washingthem with hot water (180° F.) and soapor detergent as in a mechanical cagewasher, or by washing an soiled surfaceswith a detergent solution followed by asafe and -effective disinfectant, or bycleaning all soiled surfaces with livesteam.

(b) Housekeeping. Premises (build-ings and grounds) shall be kept cleanand in good repair in order to protectthe animals from injury and to facilitatethe prescribed husbandry practices setforth in this subpart. Premises shall re-main free of accumulations of trash.

(c) Pest control. An effective pro-gram for the control of insects, ectopara-sites, and avian and mammalian pestsshall be established and maintained.§ 3.32 Employees.

A sufficient number of employees shallbe utilized to maintain the prescribedlevel of husbandry practices set forth inthis subpart. Such practices shall be tin-der the supervision of an animal care-taker who has a background in animalhusbandry or care,§ 3.33 Classification and separation.


(a) Except where harem breeding ispracticed, preweanling guinea pigs shallnot be housed in the same primary en-

closure with adults other than theirParents.

(b) Guinea pigs shall not be housedIn the same primary enclosure with ham-sters, nor shall guinea pigs or hamstersbe housed in the same primary enclosurewith any other species of animals.

(c) Guinea pigs or hamsters underquarantine or treatment for a communi-cable disease shall be separated fromother guinea pigs or hamsters and othersusceptible species of animals in such amanner as to minimize dissemination ofsuch disease.§ 3.31 Veterinary care.

(a) Programs of disease control andprevention, euthanasia, and adequateveterinary care shall be established andmaintained under the supervision andassistance of a doctor of veterinarymedicine.

(b) Each guinea pig and hamster shaltbe observed at least every 48 hours by theanimal caretaker in charge, or by some-one under his direct supervision, for evi-dence of disease or injury. Sick or dis-eased, Injured, lame. or blind guinea pigsor hamsters shall be provided with veter-inary care or humanely disposed of unlesssuch action is inconsistent with the re-search purposes for which such animalwas obtained and is being held.


§ 3.35 Vehicles.

(a) Vehicles used in transportingguinea pigs or hamsters shall be mechan-ically sound and equipped to providefresh air to all animals being transportedwithout injurious drafts.

(b) The animal cargo space shall beso constructed and maintained as to pre-vent the ingress of exhaust from the ve-hicle's engine.


§ 3,34 Primary enclosures used to trans-port guinea pigs and banisters.

(a I Primary enclosures, such as car-tons, boxes, or transport cages, used totransport guinea pigs or hamster. „thanbe well-constructed, well-ventilated, anddesigned to protect the health and insurethe safety of the animals. Any such pri-mary enclosures which cannot be readilysanitized shall be constructed of newmaterial and shall be discarded afterone usage. Any such primary enclosureswhich may be readily sanitized may bereused but shall be sanitized prior to theintroduction of guinea pigs or hamstersfor shipment. Alt primary enclosuresused to transport guinea pigs or hamstersshall be positioned in the vehicle in sucha manner that each animal in the vehiclehas access to sufficient air for normalbreathing. The ambient temperatureshall not be allowed to exceed 85° F. norfall below 60° F.

(b) Animals transported in the sameprimary enclosure shall be of the samespecies and in compatible groups.

(c) Primary enclosures used to trans-port guinea pigs or hamsters shall belarge enough to insure that each animalcontained therein has sufficient space

to turn about freely and to make normalpostural adjustments.

(d) Not more than 15 guinea pigs shallbe transported in the same primary en-closure. Not more than 25 hamsters shallbe transported in the same primary en-closure.

(e) In addition to the other provisionsof this section, the following require-ments shall also apply to primary en-closures used to transport guinea pigs orhamsters:

(1) Guinea pigs. (1) The interiorheight of primary enclosures used totransport guinea pigs shall be at least8 inches.

(ii) Each guinea pig transported in aprimary enclosure shall be provided aminimum amount of floor space in ac-cordance with the following table:

Minimum spaceper guinea pig

(Weight (grains) (square inches)Up to 350._ 35950 to 600. 45Over 600 55

(2) Hamsters. (1) The interiorheight of primary enclosures used totransport hamsters shall be at least 6inches except that in the case of dwarfhamsters such interior height shall be atleast 5 inches.

(ii) Each hamster transported in aprimary enclosure shall be provided aminimum amount of floor space in ac-cordance with the following table:

Aro Minimum snare perhamster (sit sire inches)

IVertning to 5 weeks 5 lo 10 weeks Over 10 weeks

§ 3.37 Feed and water requirements.

If guinea pigs or hamsters are trans-ported for a period of more than 6 hours,the animals shall be fed the quantityand quality of fruits or vegetables suffi-cient to satisfy their food and waterneeds during transit.§ 3.38 Care in transit.

It shall be the responsibility of the at-tendant or driver to provide or obtainadequate care for the animals in case ofan emergency.

Subpart C—Specifications for the Hu-mane Handling, Care, Treatmentand Transportation of RabbitsFACILITIES AND OPESATINO STANDARDS

§ 3.50 Facilities, general.

(a) Structural strength. Rousing fa-cilities for rabbits shall be structurallysound and shall be maintained in goodrepair, to protect the animals from in-jury, to contain the animals, and to re-strict the entrance of other animals.

(b) Water and electric power. Reli-able and adequate electric power, if re-quired to comply with other provisionsof this subpart, and adequate potablewater shall be available.

(c) Storage. Supplies of food andbedding shall be stored in facilities which

nfl'llrf

Oiler

fi

7.011.0

9

15,0

No. 37—Pt. 11-2FEDERAL REGISTER, VOL. 32, NO. 37—FRIDAY, FEBRUARY 24, 1967

Imilvtiltral weights(pounds)

3 through 5

6 through 9or more

3 through 5.

o through ft

9 through 11

12 or more...

3 through 5

through S.

0 through 11

12 or Mtge


adequately protect such supplies againstinfestation or contamination by vermin.Refrigeration shall ba prr-t i:-1-1 for sup-plies of perishable food.

(d) Waste disposal. Provision shallbe made for the removal and disposal ofanimal and food wastes, bedding, deadanimals, and debris. Disposal facilitiesshall be so provided and operated as tominimize vermin infestation, odors, anddisease hazards.

(e) Washroom and sinks, Facilities,such as washrooms, basins, or sinks.shall be provided to maintain cleanlinessamong animal caretakers.§ 3.51 Facilities, indoor.

(a) Heating. Indoor housing facili-ties for rabbits need not be heated.

(b) Ventilation. Indoor housing fa-cilities for rabbits shall be adequatelyventilated to provide for the health andcomfort of the animals at all times.Such facilities shall be provided withfresh air either by means of windows.doors, vents or air conditioning and shallbe ventilated so as to minimize drafts,odors, and moisture condensation. Aux-iliary ventilation, such as exhaust fansand vents or air conditioning, shall beprovided when the ambient temperatureis 85° F. or higher.

(c) Lighting. Indoor housing facili-ties for rabbits shall have ample light,by natural or artificial means, or both,of good quality and well distributed.Such lighting shall provide uniformlydistributed illumination of sufficientlight intensity to permit routine inspec-tion and cleaning during the entire work-ing period. Primary enclosures shall beso placed as to protect the rabbits fromexcessive illumination.

(d) Interior surfaces. The interiorbuilding surfaces of indoor housing fa-cilities shall be constructed and main-tained so that they are substantially im-pervious to moisture and may be readilysanitized.§ 3.52 Facilities, outdoor.

(a) Shelter from sunlight. Whensunlight is likely to cause overheatingor discomfort, sufficient shade shall beprovided to allow all rabbits kept out-doors to protect themselves from thedirect rays of the sun. When the at-mospheric temperature exceeds 90° F.artificial cooling shall be provided by asprinkler system or other means.

(b) Shelter from rain or snow. Rab-bits kept outdoors shall be provided withaccess to shelter to allow them to remaindry during rain or snow.

(c) Shelter front cold weather. Shel-ter shall be provided for all rabbits keptoutdoors when the atmospheric tempera-ture falls below 40° F.

(d) Protection from predators. Out-door housing facilities for rabbits shallbe fenced or otherwise enclosed to mini-mize the entrance of predators.

(e) Drainage. A suitable methodshall be provided to rapidly eliminateexcess water.§ 3.53 Primary enclosures.

All primary enclosures for rabbits shallconform to the following requirements:

(a) General. (1) Primary enclosuresshall be structurally sound and main-tained in good repair to protect the rab-bits from injury, to contain them, andto keep predators out.

(2) Primary enclosures shall be con-structed and maintained so as to enablethe rabbits to remain dry and clean.

(3) Primary enclosures shall be con-structed and maintained so that the rab-bits contained therein have convenientaccess to clean food and water as re-quired in this subpart.

(4) The floors of the primary enclo-sures shall be constructed so as to protectthe rabbits' feet and legs from injury.Litter shall be provided in all primaryenclosures having solid floors.

(5) A suitable nest box containingclean nesting material shall be providedin each primary enclosure housing a fe-male with a litter less than one month ofage.

(b) Space requirements. Primary en-closures shall be constructed and main-tained so as to provide sufficient spacefor the animal to make normal posturaladjustments with adequate freedom ofmovement. Each rabbit housed in a pri-mary enclosure shall be provided a mini-mum amount of floor space, exclusive ofthe space taken up by food and waterreceptacles, in accordance with the fol-lowing table:

minimumarmee iwr

rabbit(squarehIghes)

Iudlvidual adult',

Nuratiig females

ANIMAL HEALTII AND HUSBANDRY

STANDARDS

§ 3.51 Feeding.

(a) Rabbits shall be fed at least onceeach day except as otherwise might berequired to provide adequate veterinarycare. The food shall be free from con-tamination, wholesome, palatable andof sufficient quantity and nutritive valueto meet the normal daily requirementsfor the condition and size of the rabbit.

(b) Food receptacles shall be accessi-ble to all rabbits in a primary enclosureand shall be located so as to minimize.contamination by excreta. All food re-ceptacles shall be kept clean and sani-tized at least once every 2 weeks. If selffeeders are used for the feeding of dryfeed, measures must be taken to preventmolding, deterioration or caking of thefeed.

§ 3.55 Watering.

Sufficient potable water shall be pro-vided daily except as might otherwise berequired to provide adequate veterinarycare. All watering receptacles shall besanitized when dirty: Provided, however,

That such receptacles shall be sanitizedat least once every 2 weeks.

§ 3.56 Sanitation.

(a) Cleaning of primary enclosures.(1) Primary enclosures shall be kept rea-sonably free of excreta, hair, cobwebsand other debris by periodic cleaning.Measures shall be taken to prevent thewetting of rabbits in such enclosures ifa washing process is used,

(2) In primary enclosures equippedwith solid floors, soiled litter shall be re-moved and replaced with clean litter atleast once each week.

(3) If primary enclosures are equippedwith wire or mesh floors, the troughsor pans under such enclosures shall becleaned at least once each week. Ifworm bins are used under such enclo-sures they shall be maintained in a sani-tary condition.

(b) Sanitization of primary enclo-sures. (1) Primary enclosures for rab-bits shall be sanitized at least once every30 days in the manner provided in sub-paragraph (3) of this paragraph.

(2) Prior to the introduction of rab-bits into empty primary enclosures pre-viously occupied, such enclosures shallbe sanitized in the manner provided insubparagraph (3) of this paragraph.

(3) Primary enclosures for rabbitsshall be banitized by washing them withhot water (180° F.) and soap or deter-gent as in a mechanical cage washer, orby washing all soiled surfaces with a de-tergent solution followed by a safe andeffective disinfectant, or by cleaning allsoiled surfaces with live steam or flame.

(c) Housekeeping. Premises (build-ings and grounds) shall be kept cleanand in good repair in order to protect theanimals from injury and to facilitate theprescribed husbandry practices set forthin •this subpart. Premises shall remainfree of accumulations of trash.

(d) Pest Control. An effgctive pro-gram for the control of insects, ectopar-ashes, and avian and mammalian pestsshall be established and maintained.§ 3.57 Employees.

A sufficient number of employees shallbe utilized to maintain the prescribedlevel of husbandry practices set forth inthis subpart. Such practices shall beunder the supervision of an animal care-taker who has a background in animalhusbandry or care.§ 3.511 Classification and separation.


(a) Rabbits shall not be housed in thesame primary enclosure with any otherspecies of animals unless required forscientific reasons.

(b) Rabbits under quarantine ortreatment for a communicable diseaseshall be separated from other rabbits andother susceptible species of animals insuch a manner as to minimize dissemina-tion of such disease.§ 3.59 Veterinary care.

(a) Programs of disease control andprevention, euthanasia, and adequate

entrgfiry

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veterinary care shall be established andmaintained under the supervision andassistance of a doctor of veterinarymedicine.

(b) Each rabbit shall be observed atleast every 48 hours by the animal care-taker in charge, or by someone workingunder his direct supervision, for evidenceof disease or injury. Sick or diseased,injured, lame or blind rabbits shall beprovided with veterinary care or hu-manely disposed of unless such action isinconsistent with the research purposesfor which such animal was obtained andis being held.


§ 3.60 Vehicles.

(a) Vehicles used in transporting rab-bits shall be mechanically sound andequipped to provide fresh air to allanimals being transported without in-jurious drafts.

(b) The animal cargo space shall beso constructed and maintained as to pre-vent the ingress of exhaust from thevehicle's engine.


§ 3.61 Primary enclosures toted to trans-port rabbits.

(a) Primary enclosures, such as com-partments or transport cages, cartons orcrates, used to transport rabbits, shall bewell-constructed, well-ventilated anddesigned to protect the health and insurethe safety of the animals. Such en-closures shall be constructed or posi-tioned in the vehicle in such a mannerthat (1) each animal in the vehicle has

, access to sufficient air for normal breath-ing, (2) the openings of such enclosuresare easily accessible at all times foremergency removal of the animals, and(3) the animals are afforded adequateprotection from the elements. Theambient temperature shall not beallowed to exceed 85° F. nor fall belowthat temperature to which the animalsare acclimated.

(b) Rabbits transported in the sameprimary enclosure shall be in compatiblegroups and shall not be transported inthe same primary enclosures with otherspecies of animals.

(a) Primary enclosures used to trans-port rabbits shall be large enough toinsure that each rabbit contained there-in has sufficient space to turn aboutfreely, and to make normal postural ad-justments. Not more than 15 rabbitsshall be transported in the same primaryenclosure.

(d) Rabbits shall not be placed Inprimary enclosures over other animalsin transit unless each enclosure is fittedwith a floor of a material which preventsanimal excreta from entering lower en-closures.

(e) Primary enclosures used to trans-port rabbits shall be cleaned and sani-tized between shipments. All litter in thevehicle shall be clean at the beginningof each trip.

§ 3.62 Food and water requirements.

If rabbits are transported for a periodof more than 6 hours, they shall be pro-

vided with food and water. This require-ment may be met by providing feedstuffand water, or the quantity and quality ofvegetables, Sufficient to satisfy their foodand water needs during transit.§ 3.63 Care in transit.

It shall be the responsibility of the at.tendant or driver to provide or obtainadequate care for the animals in case ofan emergency.

Subpart D—Specifications for the Hu.mane Handling, Care, Treatment,and Transportation of NonhumanPrimates'


§ 3.75 Facilities, general.

(a) Structural strength. The housingfacilities for nonhuman primates shallbe structurally sound and shall be main-tained in good repair, to protect the ani-mals from injury, to contain the animals,and to restrict the entrance of other ani-mals.

(b) Water and electric power. Reli-able and adequate electric power, if re-quired to comply with other provisionsof this subpart, and adequate potablewater shall be available.

(c) Storage. Supplies of food andbedding shall be stored in facilities whichadequately protect such supplies againstinfestation or contamination by vermin.Refrigeration shall be provided for sup-plies of perishable food.

(d) Waste disposal. Provision shall bemade for the removal and disposal ofanimal and" food wastes, bedding, deadanimals, and debris. Disposal facilitiesshall be so provided and operated as tominimize vermin infestation, odors, anddisease hazards.

(e) Washroom and sinks. Facilities.such as washrooms. basins, or sinks, shallbe provided to maintain cleanlinessamong animal caretakers.

§ 3.76 Facilities, indoor.

(a) Heating. Indoor housing facili-ties for nonhuman primates shall be suf-ficiently heated when necessary to pro-tect the animals from the cold, and toprovide for their health and comfort.The ambient temperature shall not beallowed to fall below 50° F.

(b) Ventilation. Indoor housing fa-cilities for nonhuman primates shall beadequately ventilated to provide for thehealth and comfort of the animals at alltimes, Such facilities shall be providedwith fresh air either by means of win-dows, doors, vents, or air conditioningand shall be ventilated so as to minimizedrafts, odors, and moisture condensation.

.a....101111•nnn•nn•n•

'Nonhuman primates include a great di-versity of forms, ranging from the marmosetweighing only a few ounces, to the adultgorilla weighing hundreds of pounds. Theycome from Asia, Africa, and Central andSouth America, and they live In differenthabitats. Their nutritional and activity re-quirements differ as do their social and en-vironmental requirements. As a result, theconditions appropriate for one species do notnecessarily apply to another; therefore, dis-cretion must be used in interpreting thesestandards.

Auxiliary ventilation, such as exhaustfans and vents or air conditioning, shallbe provided when the ambient tempera-ture is 85° F. or higher.

(c) Lighting. Indoor housing radii-.ties for nonhuman primates shall haveample light, by natural or artificialmeans, or both, of good quality and wendistributed. Such lighting shall provideuniformly distributed illumination ofsufficient light intensity to permitroutine inspection and cleaning duringthe entire working period. Primary en-closures shall be so placed as to protectthe nonhuman primates from excessiveillumination.

(d) Interior surfaces. The interiorbuilding surfaces of indoor housingfacilities shall be constructed and main-tained so that they are substantiallyimpervious to moisture and may bereadily sanitized.

(e) Drainage. A suitable method shallbe provided to rapidly eliminate excesswater from indoor housing facilities. Ifdrains are used, they shall be properlyconstructed and kept in good repair toavoid foul odors therefrom. If closeddrainage systems are used, they shall beequipped with traps and so installed as toPrevent any backup of sewage onto thefloor of the room.§ 3.77 Facilities, outdoor.

(a) Shelter from sunlight. When sun-light is likely to cause overheating ordiscomfort, sufficient shade shall be pro-vided to allow all nonhuman primateskept outdoors to protect themselves fromthe direct rays of the sun.

(b) Shelter from rain or snow. Non-human primates kept outdoors shall beprovided with access to shelter to allowthem to remain dry during rain or snow.

(c) Shelter from cold weather. Shel.ter shall be provided for all nonhumanPrimates kept outdoors to afford com-fort and protection to such animals ap-propriate for the local climatic condi-tions and the nonhuman primate speciesconcerned.

( d) Drainage. A suitable method shallbe provided to rapidly eliminate excesswater.

§ 3.78 Primary enelostires.

All primary enclosures for nonhumanprimates shall conform to the followingrequirements:

(a) General. (1) Primary enclosuresshall be structurally sound and main-tained in good repair to protect the non-human primates from injury, to containthem, and to keep predators out.

(2) Primary enclosures shall be con-structed and maintained so as to enablethe nonhuman primates to remain dryand clean.

(3) Primary enclosures shall be con-structed and maintained so that the non-human primates contained therein haveconvenient access to clean food andwater as required in this subpart.

(4) The floors of the primary en-closures shall be constructed so as toprotect the nonhuman primates frominjury.

(b) Space requirements. (1) Primaryenclosures shall be constructed andmaintained so as to provide sufficient



apace to allow each nonhuman primateto make normal postural adjustmentswith adequate freedom of movement.

(2) Each nonhuman primate housedin a primary enclosure shall be providedwith a minimum floor space equal to anarea of at least three times the areaoccupied by such primate when standingon four feet.

ANIMAL HEALTH AND HUSBANDRYSTANDARDS

§ 3.79 Feeding.(a) Nonhuman primates shall be fed

at least once each day except as otherwisemight be required to provide adequateveterinary care. The food shall be freefrom contamination, wholesome, pal-atable, and of sufficient quantity and nu-tritive value to meet the normal dailyrequirements for the condition and sizeof the nonhuman primate.

(b) Food, and food receptacles if used,shall be accessible to all nonhuman pri-mates and shall be placed so as tominimize contamination by excreta.Food receptacles shall be kept clean andshall be sanitized at least once every 2weeks. If self feeders are used, measuresshall be taken to prevent molding, de-terioration or caking of food.§ 3.89 Watering.

If potable water is not accessible to thenonhuman primates at all times, suchwater shall be offered to them at leasttwice daily except as might otherwise berequired to provide adequate veterinarycare. All watering receptacles shall bekept clean and all such receptacles shallbe sanitized at least once every 2 weeks.

§ 3.81 Sanitation.ra) Cleaning of primary enclosures.

Excreta shall be removed from primaryenclosures as often as necessary to pre-vent contamination of the nonhiusianprimates contained therein and to re-duce disease hazards and odors. Whenhosing or flushing methods are used forthis purpose, measures shall be taken toprevent animals confined in such enclo-sures from being wetted involuntarily.

(b) Sanitization of enclosures. (1)Prior to the introduction of nonhumanprimates into primary enclosures previ-ously occupied by other nonhuman pri-mates, such enclosures shall be sanitizedin the manner provided in subparagraph(3) of this paragraph,

(2) Primary enclosures for nonhumanprimates shall be sanitized often enoughto prevent an accumulation of debris orexcreta, or a disease hazard: Provided,however, That such enclosures shall besanitized at least once every 2 weeks inthe manner provided in subparagraph(3) of this paragraph,

(3) Cages, rooms and hard surfacedpens or runs shall be sanitized either bywashing them with hot water (180° F.)and soap or detergent, as in a mechanicalcage washer, or by washing all soiledsurfaces with a detergent solution fol-lowed by a safe and effective disinfectant,or by cleaning all soiled surfaces withlive steam. Pens or runs using gravel,sand, or dirt, shall be sanitized by remov-

ing the soiled gravel, sand, or dirt andreplacing it as necessary.

(c) Housekeeping. Premises (build-ings and grounds) shall be kept cleanand in good repair in order to protect theanimals from injury and to facilitate theprescribed husbandry practices set forthin this subpart. Premises shall remainfree of accumulations of trash.

(d) Pest control. An effective pro-gram for the control of insects, ectopara-sites, and avian and mammalian pestsshall be established and maintained.§ 3.82 Employees'.

A sufficient number of employees shallbe utilized to maintain the prescribedlc gel of husbandry practices set forth inthis subpart. Such practices shall beunder the supervision of an animal care-taker who has a background in animalhusbandry or care.§ 3.83 Classification and separation.

Nonhuman primates housed in thesame primary enclosure shall be main-tained In compatible groups and shallnot be housed in the same primary en-closure with animal species other thannonhuman primates.§ 3.81 Veterinary care.

(a) Programs of disease control andprevention, euthanasia, and adequateveterinary care shall be established andmaintained under the supervision andassistance of a doctor of veterinarymedicine.

(b) Each nonhuman primate shall beobserved daily by the animal caretakerin charge or by someone working underhis direct supervision. Sick or diseased,injured, lame, or blind nonhuman pri-mates shall be provided with veterinarycare or humanely disposed of unlesssuch action is inconsistent with the re-search purposes for which the animalwas obtained and is being held.§ 3.85 Vehicles.

(a) Vehicles used in transportingnonhuman primates shall be mechani-ically sound and equipped to providefresh air to all animals being trans-ported, without injurious drafts.

(b) The animal cargo speee shall beso constructed and maintained as is pre-vent the ingress of exhaust from the ve-hicle's engine.


§ 9.86 Primary enclosures used to trans-port nonhuman primates.

(a) Primary enclosures such as com-partments, transport cages or crates,used to transport nonhuman primatesshall be well-constructed, well-venti-lated, and designed to protect the healthand insure the safety of the animals.Such enclosures shall be constructed orpositioned in the vehicle in such a man-ner that (1) each animal in the vehiclehas access to sufficient air for norm./breathing, (2) the openings of such en-closures ate easily accessible at all timesfor emergency removal of the animal and(3) the animals are afforded adequateprotection from the elements. The tem-

perature within such enclosures shellnot be allowed to exceed the atmos-pheric temperature. Moreover the am-bient temperature shall not be allowedto exceed 85° F. for more than 4 hourscontinuously nor allowed to fall below45' F.

(b) Nonhuman primates transportedin the same primary enclosure shall bein compatible groups and shall not betransported in the same primary enclo-sures with other species of animals.

(c) Primary enclosures used to trans-port nonhuman primates shall be largeenough to insure that each nonhumanprimate contained therein has sufficientspace to turn about freely and to makenormal postural adjustments. Not morethan 10 nonhuman primates shall betransported in the same primary enclo-sures.

(d) Nonhuman primates shall not beplaced in primary enclosures over otheranimals in transit unless each enclosureis fitted with a floor of a material whichprevents animal excreta from enteringlower enclosures.

(e) Primary enclosures used to trans-port nonhuman primates shall be cleanedand sanitized between shipments. Alllitter in the vehicle shall be clean at thebeginning of each trip.

§ 3.87 Food and water requirements.

If nonhuman primates are transportedfor a period of more than 12 hours:

(a) Potable water shall be providedto each nonhuman primate at least oncein each 12-hour period.

(b) Each nonhuman primate shall befed at least once in each 24-hour period.

§ 3.88 Care in transit.

It shall be the responsibility of the at-tendant or driver to provide or obtainadequate care for the animals In case ofan emergency.

Statement of considerations. The no-tice of proposed rule making concerningthe issuance of regulations and stand-ards under the Laboratory Animal Wel-fare Act, published on December 15, 1966,has generated widespread public inter-est. The Department received more.than 6,000 written communicationswhich expressed the views and counter-proposals of educational and researchinstitutions, local, state and national or-ganizations, and numerous individuals,interested in animal welfare. Many ofsuch submissions were of a comprehen-sive nature and recommended conflict-ing courses of action. Consideration hasbeen given to all views and commentssubmitted, as well as to other informa-tion available to the Department. Theforegoing regulations and standardsrepresent the Department's consideredjudgment as to the requirements to beimposed at this time in the light of pres-ently available knowledge concerning thehumane care of laboratory animals.

A large majority of the comments weredirected to the issue of whether dogsshould be released from cages periodi-cally for exercise purposes. The evi-dence received on this issue was conflict-ing.

FEDERAL REGISTER, VOL. 32, NO. 37•••–FRIDAY, FEBRUARY 24, 1967


Many comments received by the De-partment from individuals and organiza-tions outside the research communityexpressed the opinion that exerciseshould be required. These opinions werebased on humane considerations and itwas also suggested that the health ofthe dog would be Improved by exercisethereby producing a better researchspecimen. A majority of the commentsreceived from dealers and members ofthe research community expressed op-position to a mandatory exercise require-ment. Some scientists stated that exer-cise of laboratory dogs is necessary andshould be mandatory. On the otherhand, some scientists felt that exercisewas not at all essential to the healthand well-being of the animal. The ma-jority of scientists who commentedbased their opposition to a mandatoryexercise requirement generally upon thecontentions that current scientificknowledge does not justify the conclu-sion that mandatory removal of labo-ratory animals from enclosures forexercise is necessary or desirable for thehealth of the animals and that the costof such a requirement would be prohib-itive and would impede research. Manyscientists also expressed the view thatalthough the exercise of dogs outsidetheir cages might be desirable undercertain circumstances, it should not bemandatory under all conditions and thedetermination for the need of this typeof exercise should be left to the profes-sional judgment of the personnel of theresearch facility.

On the basis of the facts available ithas been determined that the standardson space requirements should providethat enclosures housing dogs allow thedogs sufficient space to turn about freelyand to easily stand, sit and Ile in com-fortable normal positions. A review ofthe available information concerningexercise reveals that such informationconsists mainly of observations on hu-mans, and of observations and opinionsbased on research data with reference toexercise only in relation to the majorobjective for which the research projectwas designed. The Department believesthat more definitive experimental justi-fication is needed before a determinationcan be made whether exercise outside acage should be Included as a mandatoryrequirement.

A number of comments were receivedrecommending that the regulations dif-ferentiate between dealers whose opera-tions are limited to breeding and raisingclogs or cats and dealers whose opera-tions involve the acquisition of such ani-mals from various sources. It waspointed out in this connection that manyof the requirements made applicable toall dealers in the proposal are not nec-essary with respect to breeders to ef-fectuate the purposes of the Act. Uponfurther consideration, the Departmenthas determined that there is adequatebasis for this differentiation and, there-fore, the regulations provide for twoclasses of dealers—Class A, consisting ofdealers who are breeders, and class B,consisting of all other dealers, Different

requirements are applicable to suchclasses of dealers with respect to identi-fication of dogs and cats and the amountof license fees.

The Department's proposed method ofdetermining the amount of the annuallicense fees for dealers was also a sub-ject of considerable interest. Objectionswere made to the method of establishingsuch fees, the amount of the fees, andthe failure to differentiate betweenbreeders and other dealers. Suggestionswere made that provisions be includedpermitting the fees to be paid quarterlyrather than annually. In the light ofsuch comments, and the provisions ofthe statute requiring that license feesshall be adjusted on an equitable basistaking into consideration the type andnature of the operations to be licensed.the proposal concerning license fees hasbeen modified to provide for a somewhatdifferent method of establishing the fees,lower license fees, and different fees forthe two classes of dealers. The sugges-tion that provision be made permittingquarterly payments of the license fees-has not been adopted as it is not con-sidered to be administratively feasible.

The provision contained in the noticeof proposed rulemaking that the licensefee shall accompany the application fora license has been deleted. It is nowcontemplated that the fee will be paidafter a determination has been madethat the license will be issued. In viewof this change in procedure, the provi-sion' contained in the proposal for re-funding a license fee if the license is notto be issued has been deleted as it is nolonger necessary.

Objection was made by various educa-tional institutions to the provision con-tained in the notice that a university orcollege rather than one or more of itsschools or departments would be reg-istered as a research facility. In addi-tion, the suggestion was made by re-search organizations and pharmaceuti-cal manufacturers that their divisionsbe permitted to register rather than thecorporations. The Act provides for theissuance of cease and desist ordersagainst research facilities that fail tocomply with the provisions of the Actor the regulations thereunder and forcivil penalties for the failure to obeysuch cease and desist orders. To effec-tuate these provisions and the purposesof the Act it is essential that the reg-istrant be a legal entity. Accordingly,the proposal has been modified to pro-vide that in any situation in which aschool or department of a university orcollege is a separate legal entity and itsoperations and administration are inde-pendent of those of the university or col-lege, the school or department will beregistered rather than the university orcollege. Provision has also been madethat a subsidiary of a business corpora-tion rather than the parent corporationwill be registered as a research facilityunless the subsidiary is under such directcontrol of the parent corporation that toeffectuate the purposes of the Act theSecretary determines that it is necessarythat the parent corporation register asa research facility.

A number of objections were raisedwith reference to the proposed require-ment that dealers and research facilitiesretain records for a period of 2 years.Upon further consideration it has beendetermined that the purposes of the Actwill be effectuated if such records areretained for a shorter period. The re-tention period has, therefore, beenchanged to 1 year, except where writtennotice is given to the dealer or researchfacility that an investigation or pro-ceeding is pending or contemplated andthat specified records should be retained,in which event such records must be re-tained until further notice. Provisionhas also been made for a longer reten-tion period when required to complywith Federal. State, or local law.

Various changes from the proposalwere made In the Standards with regardto temperature requirements for thevarious animals. These temperaturerequirements were clarified by the useof the term ambient which is defined asthe temperature surrounding the animal.Other changes in regard to the temper-ature requirements were made to takeinto consideration the fact that manyanimals, and in particular dogs, cats,and rabbits, are acclimated to temper-atures lower than those generally pre-scribed in the standards.

A number of changes have been madewhich recognize practices or customscommonly used in the industry, andwhich the Secretary has determined arereasonable and humane. Such changesgenerally relate to lighting, availabilityof electricity under certain circum-stances, shade, bedding in outside facil-ities, flooring in primary enclosures,maximum population in enclosures, andseparation of sexes.

Provisions contained in the proposalfor specific interior dimensions of cageshave been modified to assure that theanimal has adequate freedom of move-ment and at the same time permitgreater latitude in the configuration ofthe cage design.

Various changes have been made inthe regulations and standards for thepurpose of clarification. A number ofother changes have been made as a re-sult of careful consideration of the viewsand comments received in response tothe notice of rulemaking and other in-formation available to the Department.All changes incorporated in the forego-ing regulations and Standards take intoconsideration the views of other Federalagencies concerned with the welfare ofanimals used for research.

The Department proposes to providefor studies on environmental and be-havioral factors influencing the health,comfort, and safety of animals beingtransported and maintained for researchpurposes, including the element of exer-cise. The Department also plans tomake extensive visits to the premises ofdealers and research facilities where re-search dogs are maintained to get infor-mation first hand on the subject of exer-cise through observing the dogs involvedand discussing the overall problem withscientists and other individuals holding


3282


opposing views on the subject. In addi-tion, the Department plans to workclosely on a continuing basis with repre-sentatives of other Federal agenciesusing laboratory animals so that theirconsiderable knowledge in laboratoryanimal medicine can be fully utilized.Continuing consideration will be given tothe modification of the standards inthe light of further experience, researchand scientific developments.

As heretofore noted the Departmentreceived 6,000 submissions in response tothe notice of proposed rulemaking. TheAct provides in effect that regulationsand standards shall be promulgated bythe Secretary not later than February 24,1967. Although the Department has ex-

pedited this matter as much as possible,in view of the tremendous volume of sub-missions and the novel nature of the sub-iect matter, it has not been possible forthe Department to arrive at its final de-terminations in time to provide for anadditional notice of rulemaking withfurther opportunity to submit views.Also, the widespread response to the orig-inal notice of rulemaking has affordedthe Department the benefit of the views01 all groups of affected persons.

Accordingly, pursuant to the adminis-trative procedure provisions of 5 U.S.C.553, it is found tpon good cause thatfurther notice of proposed rulemaking isunnecessary and impracticable and the

regulations and standards may be madeeffective in less than 30 days after issu-ance thereunder.

The foregoing regulations and stand-ards shall become effective upon publica-tion in the FEDERAL REGISTER.

The reporting and/or record-keepingrequirements contained herein have beenapproved by the Bureau of the Budgetin accordance with the Federal ReportsAct of 1942,

Done at Washington, D.C., this 17thday of February 1967.

GEORGE W. IRVING, Jr.,Administrator.

Doc. G7-2046; Filed. Feb, 23, 1967;8:45 a.m.]


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