[DEFINITIONS]
Section 2. When
used in this Act
.
(b) The term "Secretary" means the
Secretary of Agriculture of the
.
(g) The term "animal" means any live or dead dog,
cat, monkey (nonhuman primate mammal), guinea pig, hamster, rabbit, or such
other warm-blooded animal, as the Secretary may determine is being used,
or is intended for use, for research, testing, experimentation, or exhibition
purposes or as a pet; but such term excludes horses not used for research purposes and other farm animals, such as,
but not limited to livestock or poultry, used or intended for use as food or fiber, or
livestock or poultry used or intended for improving animal nutrition, breeding,
management or production efficiency, or for improving the quality of food or
fiber. With respect to a dog the term means all dogs including those used for
hunting, security, or breeding purposes;
..
[ANIMAL RESEARCH
HUMANE STANDARDS]
Section 13. (a)(1)
The Secretary shall promulgate standards to govern the humane handling, care,
treatment, and transportation of animals by dealers, research facilities, and
exhibitors.
(2) The standards described in paragraph (1)
shall include minimum requirements--
(A) for handling, housing, feeding, watering, sanitation,
ventilation, shelter from extremes of weather and temperatures, adequate
veterinary care, and separation by species where the Secretary finds necessary
for humane handling, care, or treatment of animals; and
(B) for exercise of dogs, as determined by an attending
veterinarian in accordance with the general standards promulgated by the
Secretary, and for a physical environment adequate to promote the psychological
well-being of primates.
(3) In addition to the requirements under
paragraph (2), the standards described in paragraph (1) shall, with respect to
animals in research facilities, include requirements--
(A) for animal care, treatment, and practices
in experimental procedures to ensure that animal pain and distress are minimized, including
adequate veterinary care with the appropriate use of anesthetic, analgesic or
tranquilizing drugs, or euthanasia;
(B) that the principal investigator considers alternatives to any
procedure likely to produce pain or distress in an experimental animal;
(C) in any practice
which could cause pain to animals- (i) that a doctor
of veterinary medicine is consulted in the planning of such procedures;
(ii) for the use of tranquilizers, analgesics, and
anesthetics;
(iii) for presurgical and postsurgical care
by laboratory workers in accordance with established veterinary medical and
nursing procedures;
(iv) against the use
of paralytics without anesthesia; and
(v) that the withholding of tranquilizers,
anesthesia, analgesia, or euthanasia when scientifically necessary shall
continue for only the necessary period of time;
(D) that no animal
is used in more than one major operative experiment from which it is allowed to
recover except in cases of--
(i) scientific necessity; or
(ii) other special
circumstances as determined by the Secretary; and
(E) that exceptions
to such standards may be made only when specified by research protocol and that
any such exception shall be detailed and explained in a report outlined under
paragraph (7) and filed with the Institutional Animal Committee.
[ENFORCEMENT]
[INSTITUTIONAL
ANIMAL
(7)(A)
The Secretary shall require each research research
facility to show upon inspection, and to report at least annually, that the
provisions of this Act are being followed and that professionally acceptable
standards governing the care, treatment, and use of animals are being followed
by the research facility during actual research or experimentation.
.
(b)(1)
The Secretary shall require that each research facility establish at least one
Committee. Each Committee shall
be appointed by the chief executive officer of each such research facility
and shall be composed of not fewer than three members. Such members shall
possess sufficient ability to assess animal care, treatment, and practices in
experimental research as determined by the needs of the research facility and
shall represent society's concerns regarding the welfare of animal subjects
used at such facility. Of the members of the Committee--
(A) at least one
member shall be a doctor
of veterinary medicine;
(B) at least one
member--
(i) shall not
be affiliated in any way with such facility other than as a member of
the Committee--
(ii) shall not be a
member of the immediate family of a person who is affiliated with such
facility; and
(iii) is intended to provide
representation for general community interests in the proper care and treatment
of animals; and
..
[INSTITUTIONAL
COMMITTEE INSPECTIONS]
(3) The Committee shall inspect at least semiannually all
animal study areas and animal facilities of such research facility and review
as part of the inspection--
(A) practices
involving pain to animals, and
(B) the condition of
animals, to ensure compliance with the provisions of this Act to minimize pain
and distress to animals. Exceptions to the requirement of inspection of such study
areas may be made by the Secretary if animals are studied in their natural
environment and the study area is prohibitive to easy access.
(4)(A) The Committee shall file an inspection
certification report of each inspection at the research facility. Such report
shall
..
[FEDERAL
INSPECTIONS]
(5) The inspection results shall be available
to Department of Agriculture inspectors for review during inspections. Department of Agriculture
inspectors shall forward any Committee inspection records which include
reports of uncorrected deficiencies or deviations to the Animal and Plant
Health inspection Service and any funding Federal agency of the project with
respect to which such uncorrected deficiencies and deviations occurred.
..
[REDUCE, REFINE, REPLACE]
(e)
The Secretary shall establish an information service at the National Agricultural Library.
Such service shall, in cooperation with the National Library of Medicine,
provide information--
(1) pertinent to
employee training;
(2) which could
prevent unintended duplication of animal experimentation as determined by the
needs of the research facility; and
(3) on improved
methods of animal experimentation, including methods which could--
(A) reduce or
replace animal use; and
(B) minimize pain
and distress to animals, such as anesthetic and analgesic procedures.
.
[PENALTY]
(f)1(See
footnote on last page) In any case in which a Federal agency funding a research
project determines that conditions of animal care, treatment, or practice in a particular
project have not been in compliance with standards promulgated under this Act,
despite notification by the Secretary or such Federal agency to the research
facility and an opportunity for correction, such agency shall suspend or revoke Federal support
of the project. Any research facility losing Federal support as a result of
actions taken under the preceding sentence shall have the right of appeal as
provided in sections 701 through 706 of Title 5, United States Code.
//www.nal.usda.gov/awic/legislat/awa.htm