Subpart 2I - Misc

Question 1

Each dealer, exhibitor, operator or an auction sale, intermediate handler, and carrier shall furnish to any APHIS official what documents regarding business? In what timelines?

Answer 1

Any information concerning the business which the APHIS official may request in connection with the enforcement of the provisions of the Act. Shall be furnished within a reasonable time and as may be specified in the request for information.

Question 2

Each dealer, exhibitor, intermediate handler, or carrier, shall, during business hours, allow APHIS officials to: (5)

Answer 2

1. Enter place of business
2. Examine records required to be kept by the Act and the regulations
3. Make copies of records
4. Inspect and photograph the facilities, property, and animals, as the APHIS official considers necessary to enforce the provisions of the Act
5. Document, but taking of photographs and other means, conditions and areas of noncompliance

Question 3

APHIS officials must be allowed to use what for proper examination of the records and inspection of the property or animals? Who accompanies the APHIS officials during the inspection process?

Answer 3

Use of a room, table, or other facilities. A responsible adult.

Question 4

Any person who is covered by the Act and intends to exhibit an animal at any location other than the person’s approved site (including circuses, traveling educational exhibits, animal acts, and petting zoos) except for travel that does not extend overnight, must submit what to who? When must the itinerary be received? What if less than 48 hours notice is given?

Answer 4

A written itinerary to the Deputy Administrator. Itinerary must contain complete and accurate information concerning the whereabouts of any animal intended for exhibition at any location other than approved site. Must be received by DA no fewer than 2 days in advance of travel. If exhibitor accepts engagement for which travel will begin with less than 48 hours’ notice, exhibitor shall immediately contact DA in writing with required info. Such situations should occur infrequently, and exhibitors who routinely provide less than 48 hours’ notice will, after notice by APHIS, be subject to increased scrutiny.

Question 5

What must the travel itinerary include?

Answer 5

1. Name of the person who exhibits and transports the animal, including business name and current Act license or registration number. If any animal is leased, loaned, or borrowed, the name of the person who owns the animal.
2. Name, identification number or identifying characteristics, species (common or scientific), sex, and age of each animal
3. Names, dates, and locations (with addresses) where animals will travel, be housed, and be exhibited, including all anticipated dates and locations for any stops or layovers that allow or require removal of animals from transport enclosures. Unanticipated delays of such length shall be reported to DA the next APHIS business day.

Question 6

If initial notification of an itinerary change due to an emergency is made by means other than email or facsimile, how should it be followed up?

Answer 6

Followed by written documentation at the earliest possible time. For changes that occur after normal APHIS business hours, change shall be conveyed to DA no later than the following APHIS business day.

Question 7

What does APHIS publish on its website?

Answer 7

Lists of persons licensed or registered in accordance with the provisions of this part. List can also be obtained on request from the DA.

Question 8

Each dealer, exhibitor, intermediate handler, and carrier, shall, under request and during business hours, allow police or officers of other law enforcement agencies with general law enforcement authority to enter the place of business to inspect animals and records for the purpose of seeking animals that are missing, under what conditions?

Answer 8

1. Law officer shall furnish a written description of the missing animal and the name and address of its owner before making a search.
2. Law officer shall abide by all security measures required by the dealer, etc. to prevent the spread of disease, including use of sterile clothing, footwear, and masks when required, and to prevent the escape of an animal.

Question 9

If an animal being held is found by an APHIS official to be suffering as a result of the dealer, etc failing to comply with any provisions of the Act, what can they request? What happens if the request is not complied with?

Answer 9

APHIS official shall make reasonable effort to notify the dealer, etc. of the condition of the animal and request that condition be corrected and adequate care be given to alleviate animal’s suffering or distress, or animal be euthanized. If dealer, etc does not comply, APHIS official may confiscate animal for care, treatment, or disposal if, in the opinion of the Administrator, the circumstances indicate the animal’s health is in danger.

Question 10

What occurs if an APHIS official cannot locate of notify the dealer, etc. of the poor condition of the animal?

Answer 10

APHIS official contacts local police or other law official to accompany them to the premises and provide adequate care when necessary to alleviate the animal’s suffering. If in the opinion of the Administrator the condition of the animals cannot be corrected by temporary care, APHIS official shall confiscate animals.

Question 11

What might occur with animals confiscated by APHIS? Who bears the cost?

Answer 11

1. Placed, by sale or donation, with other licensees or registrants that comply with standards and can provide proper care
2. Placed with persons or facilities that can offer a level of care equal to or exceeding the standards and regulations as determined by APHIS, even if not licensed or registered with APHIS
3. Euthanized
   Cost borne by dealer, etc from whom the animals were confiscated.

Question 12

How old must a dog or cat be to be delivered by any person to any carrier or intermediate handler for transportation, in commerce, or shall be transported in commerce by any person, unless the animal is how old? Who is exempt?

Answer 12

At least 8 weeks of age and weaned. Except to a research facility.

Question 13

All licensees who maintain wild or exotic animals must demonstrate what?

Answer 13

Adequate experience and knowledge of the species they maintain.

Question 14

Deprivation of food or water shall not be used to train, work, or otherwise handle animals except:

Answer 14

Short-term withholding or food or water from animals is allowed as long as each of the animals affected receives its full dietary and nutrition requirements each day.

Question 15

Who must be protected during public exhibition? How much distance and/or barriers must be placed?

Answer 15

Minimal risk of harm to animals and public. Distance and or barriers between animal and general viewing public to assure the safety of animals and the public.

Question 16

How long of a rest period shall performing animals be allowed?

Answer 16

A rest period between performances at least equal to the time for one performance.

Question 17

Young or immature animals shall not be exposed to what type of handling?

Answer 17

Rough or excessive public handling or exhibition for periods of time which would be detrimental to their health or well-being.

Question 18

Can drugs, such as tranquilizers be used to facilitate, allow, or provide for public handling of animals?

Answer 18

No

Question 19

Who must be present at all times during periods of public contact?

Answer 19

A responsible, knowledgeable, and readily identifiable employee or attendant

Question 20

During public exhibition, dangerous animals must be under the direct control and supervision of who?

Answer 20

A reasonable and experienced animal handler

Question 21

If public feeding of animals is allowed, who must supply the food? What type of feed must be used?

Answer 21

Food must be provided by animal facility and should be appropriate to the type of animal and its nutritional needs and diet.

Question 22

When climatic conditions present a threat to an animal’s health or well-being, what must happen?

Answer 22

Appropriate measures must be taken to alleviate the impact of those conditions. Animal may never be subject to any combination of temperature, humidity, and time that is detrimental to the animal’s health or well-being.

Question 23

A class B dealer may obtain live random source dogs and cats only from:

Answer 23

1. Other dealers licensed under the Act
2. State, county, or city owned and operated animal pounds or shelters
3. A legal entity organized and operated under the laws of the State in which it is located as an animal pound or shelter, such as a humane shelter or contract pound

Question 24

Any dealer, exhibitor, research facility, carrier, or intermediate handler who also operates a private or contract animal pound or shelter shall comply with:

Answer 24

1. Animal pound or shelter shall be located on a physically separate location from the licensed or registered facility. Shall not be adjacent to the licensed or registered facility.
2. Accurate and complete records shall be separately maintained by the licensee or registrant and the pound or shelter. Records must be in accordance as previously noted unless animals are lost or stray.

Question 25

If the animals held by a facility-run private shelter are lost or stray, the shelter records shall provide what information?

Answer 25

1. Accurate description of the animal
2. How, where, from whom, and when the dog or cat was obtained
3. How long the dog or cat was held by the pound or shelter before being transferred to the dealer
4. Date dog or cat was transferred by the dealer

Question 26

How long must any dealer who obtains a live dog or cat from a private shelter, including one they operate, hold the animal?

Answer 26

At least 10 full days, not including day of acquisition and excluding time in transit.

Question 27

No dealer or exhibitor shall knowingly obtain a dog or cat from any person if?

Answer 27

They are required to be licensed, but do not hold a current, valid, and unsuspended license. If they do not have certification that the animals were born and raised on that person’s premises and, if the animals are for research purposes, that the person has sold fewer than 25 dogs and/or cats that year, or if animals are for pets, that the person does not have more than four breeding female dogs and/or cats.

Question 28

Which organizations must hold and care for a random source live dog and cat for not less than 5 full days after acquiring the animal, not including the date of acquisition and excluding time in transit, including at least one Saturday?

Answer 28

1. Pound or shelter owned and operated by a State, county, or city
2. Private pound or shelter established for the purposes of caring for animals or other organization that is under contract with a State, county, or city, that operates as a pound or shelter, and releases animals on a voluntary basis
3. Each research facility licensed by USDA as a dealer

Question 29

A dealer shall not sell any person a live random source dog or cat unless the dealer provides the recipient with certification that contains what info?

Answer 29

1. Name, address, USDA license number, and signature of dealer
2. Name, address, USDA license or registration number, if it exists, and signature of the recipient
3. Description of each dog or cat being sold, including species and breed or type (for mixed breeds, estimate the two dominant breeds or types), sex, date of birth or approximate age, color and any distinctive markings, official USDA approved identification number of animal. If certification is attached to certificate provided by prior dealer which contains the required description, then only official identification numbers are required.
4. Name and address of the person, pound, or shelter from which the dog or cat was acquired by the dealer, and an assurance that the person, pound, or shelter was notified that the cat or dog might be used for research or educational purposes.
5. Date dealer acquired the dog or cat from the person, pound, or shelter
6. If acquired from a pound or shelter, signed statement by the pound or shelter that it met the holding requirements. Must at least describe animals by their official USDA identification numbers. Statement may be incorporated into the certification or made separately and attached. If made separately, must include the same info describing each animal as is required in the certification. Photocopy of statement will be regarded as a duplicate original.

Question 30

What must accompany the live random source dogs or cats?

Answer 30

The original certification.

Question 31

What must a dealer who acquires a live dog or cat from another dealer obtain? Is a photocopy of the original certification okay?

Answer 31

The certification, which must be attached to any previously attached certification, and provided to any recipients. Photocopy of original certification will be deemed a duplicate original if the dealer does not dispose or all dogs or cats in a single transaction.

Question 32

A dealer who completes, provides, or receives a certification must keep, maintain, and make available this certificate for how long?

Answer 32

Make available for APHIS inspection a copy for at least 1 year following disposition.

Question 33

A research facility which acquires any live random source dog or cat from a dealer must obtain the certificate and keep, maintain, and make available for APHIS inspection for at least how many years?

Answer 33

At least 3 years following disposition. Same if a research facility obtains such animal from another research facility.

Question 34

Contingency plans must account for what emergencies or disasters?

Answer 34

One which could be reasonably be anticipated and expected to be detrimental to the good health and well-being of the animals in their possession.

Question 35

What must dealer, exhibitor, intermediate handler, and carrier contingency plans include?

Answer 35

1. Identify situations the license or registrant might experience that would trigger the need for the measures identified in the contingency plan to be put into action.
2. Outline specific tasks required to be carried out in response to the identified emergencies or disasters, including animal evacuation, shelter-in place instructions, and provisions for backup sources of food, water, bedding, etc.
3. Identify a chain of command and who (by name or position title) will be responsible for fulfilling these tasks.
4. Address how response and recovery will be handled in terms of materials, resources, and training needs

Question 36

When must the contingency plan be put into place?

Answer 36

Prior to conducting regulated activities.

Question 37

How often must the contingency plan be reviewed? What must be documented?

Answer 37

At least annually. Must document annual reviews, including documenting any amendments or changes made to the plan.

Question 38

How must traveling entities carry their contingency plan?

Answer 38

Must carry a copy at all times and make it available for APHIS inspection while in travel status.

Question 39

What form may be used to keep and maintain a contingency plan?

Answer 39

APHIS Contingency Plan form

Question 40

When must existing employees (those hired before and up to 30 days after the date the licensee put its contingency plan into place) be trained on newly implemented contingency plans? When must employees hired more than 30 days after the date the licensee or registrant puts its contingency plan in place be trained? When must substantive changes to the plan as a result of the annual review be communicated to employees through training?

Answer 40

Within 60 days of the plan being put into place. Within 30 days of their start date. Within 30 days of making the changes.