Animal Welfare Act Flashcards
According to the AWA what is a farm animal?
- Mink, Chinchilla, and Rabbit (if used for meat or fur)
- Horses and Llamas (if used as pack animals)
- Traditional farm animals
(P.21 AWA)
What do the AWRs say about multiple major survival surgery?
The AWRs state that animals may not be used in these procedures unless:
- there is a scientific justification (eg. related components of the same study) provided by the PI in writing
- the MMSS are required as a routine veterinary procedure or to protect the health and well-being of the animal, as determined by the attending veterinarian
- under other special circumstances which have been approved by the Administrator of APHIS
AWRs (9CFR Part 2, Subpart C, Section 2.32(c)(4)) states:
No facility employee, committee member, or laboratory personnel shall be discriminated against or be subject to any reprisal for reporting violations of any regulation or standards under the [Animal Welfare] Act
Why was the AWA created?
Regulation of animals and activities in this act are necessary to prevent and eliminate burdens upon commerce and to effectively regulate such commerce in animals and related activities:
- to ensure that animals intended for use in research facilities, for exhibition purposes, or for use as pets are provided humane care and treatment
- assure the humane treatment of animals during transportation in commerce
- to protect the owners of animals from the theft of their animals by preventing sale or use of stolen animals
Congress further finds that it is essential to regulate the transportation, purchase, sale, housing, care, handling, and treatment of animals by carriers or by persons / organizations engaged in using them for research, experimental, or exhibition purposes, or holding them for sale as pets or for any such purpose or use.
What is the difference between the AWA and AWRs?
AWA is federal law
AWRs are the associated regulations that interpret the law into enforceable standards
USDA can amend existing regulations and/or create new regulations, but only Congress can change the actual law.
What is Commerce according to the AWA?
Trade, traffic, transportation, or other commerce -
- between a place in a state and any place outside such state, or between points within the same state but through any place outside thereof, or within any territory, possession, or the District of Columbia
- which affects trade, traffic, transportation, or other commerce
What is a Research Facility according to the AWA?
Any school (except elementary/secondary school), institution, organization, or person that uses or intends to use live animals in research, tests, or experiments, and that
- purchases or transports live animals in commerce
OR
- receives funds under a grant, etc. from any part of the US government for the purpose of carrying out research, tests, or experiments
The Secretary may exempt any of these organizations that does not intend to use live dogs or cats, except those organizations which use substantial numbers of live animals for research purposes
What is an animal according to the AWA?
Any live or dead dog, cat, monkey (NHP), guinea pig, hamster, rabbit or such other warm- blooded animal used (or intended for use) in research, exhibition, or as a pet. Also includes dogs used for hunting, security, or breeding purposes.
Excludes
- Birds, Rats (Rattus), Mice (Mus) bred for use in research
- horses not used for research purposes
- other farm animals used for food/fiber or for improving animal nutrition, breeding, management, production efficiency, or quality improvements of food/fiber
What does the AWA include/exclude as an exhibitor?
- Includes anyone exhibiting animals for commerce purposes
- Includes zoos/carnivals/circuses (public/private profit or not)
- Excludes retail pet stores
- Excludes owners of common domesticated house pets who gets less than a substantial portion of income for exhibiting an animal that lives at the person’s residence
- Excludes sponsors/participants at fairs, ag shows, rodeos, purebred cat/dog shows, livestock shows
Time period for disposal of dogs or cats by dealers or exhibitors
No sale or other disposal of a dog or cat within five business days after the acquisition of such animal (or as otherwise specified by the Secretary)
Purchase of dogs or cats by research facilities prohibited except from authorized operators of auction sales and licensed dealers/exhibitors, also applies to who?
This also applies to US government facilities
Recordkeeping Requirements according to the AWA?
Research facilities shall make and retain records related to the purchase, sale, transportation, identification, and previous ownership of live dogs and cats.
Marking and ID of animals per the AWA?
All animals delivered for transportation, transported, purchased, or sold, in commerce, by a dealer or exhibitor shall be marked or identified, provided that only live dogs or cats need to be so marked or identified by a research facility
Species specific call outs from the AWA regarding adequate care for animals
- Provision of exercise for dogs (per AV devised program)
- Provision of a physical environment adequate to promote the psychological well being of primates
Items to consider as requirements for ensuring standards for animal welfare in research facilities according to the AW
- Animal care, treatment, and practices that minimize animal pain and distress including appropriate use of analgesics, anesthetics, tranquilizing drugs, or euthanasia:
- PI considers alternatives to painful/distressful procedures
- for procedures which may cause pain, a DVM should be consulting in planning the procedures, for the use of tranquilizers, analgesics, and anesthetics, as well as pre- and post surgical care. No paralytics without anesthesia, and withholding of pain / stress relieving measures shall be for the minimum duration of time.
- No animal used in more than one major operative procedures with recovery unless scientifically necessary.
- Exceptions to these standards must be specified in writing and explained and on file with the IACUC
According to the AWA, what information is a research facility required to present upon inspection and at least annually?
- Report that the provisions of the AWA are being followed and that professionally acceptable standard governing the care, treatment, and use of animals are being followed by the research facility during actual research/experimentation. This is done via providing:
- Info on procedures likely to produce pain or distress in any animal and assurances demonstrating that the PI considered alternatives.
- Satisfactory assurances that such facility is adhering to the standards within this section
- Explanation for any deviation from the standards within this section
AWA requirements for veterinary certificate, contents, exceptions
No dogs or cats or other classes of animals designated by the Secretary shall be delivered without a certificate issued by the veterinarian that animal has been inspected and found to be of good health no longer than 10 days before delivery.
The Secretary may provide exceptions under the regulations for animals shipped to research facilities which require animals not eligible for such certification.
Minimum ages may be established for transportation of animals
What does the AWA say about C.O.D. arrangements for animal transportation?
Not allowed, unless the provider of such animals guarantees in writing the payment of transportation charges for any animal not claimed within 48 hours. This promised payment must also include any additional costs incurred (return transport charges, cost of care, feeding, storage of such animals).
What is a class A licensee?
A dealer (breeder) whose business involving animals consists only of animals bred and raised on the premises in a closed or stable colony and those animals acquired for the sole purpose of maintaining or enhancing the breeding colony.
“Purpose-bred dealer”
What is a class B licensee?
A dealer whose business includes the purchase and/or resale of any animal.
Includes brokers and operators of auction sales as such individuals negotiate or arrange for the purchase, sale, or transport of animals in commerce.
“Random-source dealer”
What is a class C licensee?
An exhibitor whose business involves the showing or displaying of animals to the public. May buy or sell animals as a minor part of the business in order to maintain or add to the animal collection.
How often must an institution’s registration with USDA be updated, and who must receive it?
AWA 2.30 -
Update registration every 3 years (complete a new official form provided by AC Regional Director)
Must be filed with AC Regional Director
How long does a research institution have to notify the AC Regional Director of a change in the name, address, ownership, or other change in operations that affect the institution’s status as a research facility?
Within 10 days after making such change
(Legacy) A research facility which has not used, handled, or transported animals for a period of at least 2 years may be placed in what status?
Inactive. Must inform AC Reg Director at least 10 days in advance before using, handling, or transporting animals again.
This is no longer the case, as USDA now only has registered or unregistered research facilities. (Jan 12, 2022)