cfr_sections
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54 rows where part_number = 2 and title_number = 9 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 9:9:1.0.1.1.2.1.1.1 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | A | Subpart A—Licensing | § 2.1 Requirements and application. | APHIS | [54 FR 36147, Aug. 31, 1989, as amended at 63 FR 62926, Nov. 10, 1998; 69 FR 42099, July 14, 2004; 78 FR 57249, Sept. 18, 2013; 83 FR 25555, June 4, 2018; 85 FR 28795, May 13, 2020; 88 FR 10713, Feb. 21, 2023; 88 FR 16173, Mar. 16, 2023] | (a)(1) No person shall operate as a dealer, exhibitor, or operator of an auction sale, without a valid license, except persons who are exempt from the licensing requirements under paragraph (a)(3) of this section. A person must be 18 years of age or older to obtain a license. A person seeking a license shall apply on a form which will be furnished by the Deputy Administrator. The applicant shall provide the information requested on the application form, including, but not limited to: (i) The name of the person applying for the license; (ii) A valid mailing address through which the applicant can be reached at all times; (iii) Valid addresses for all locations, facilities, premises, or sites where animals, animal facilities, equipment, and records are held, kept, or maintained; (iv) The anticipated maximum number of animals on hand at any one time during the period of licensure; (v) The anticipated type of animals described in paragraph (b)(2)(ii) of this section to be owned, held, maintained, sold, or exhibited, including those animals leased, during the period of licensure; (vi) If the person is seeking a license as an exhibitor, whether the person intends to exhibit any animal at any location other than the person's location(s) listed pursuant to paragraph (a)(1)(iii) of this section; and (vii) Disclosure of any plea of nolo contendere (no contest) or finding of violation of Federal, State, or local laws or regulations pertaining to animal cruelty or the transportation, ownership, neglect, or welfare of animals. (2) The completed application form, along with a $120 license fee, shall be submitted to the appropriate Animal Care office. (3) The following persons are exempt from the licensing requirements under section 2 or section 3 of the Act: (i) Retail pet stores as defined in part 1 of this subchapter; (ii) Any person who sells or negotiates the sale or purchase of any animal except wild or exotic animals, dogs, or cats, and who derives no more than $500 gross income from the sale of such animals… | |||
| 9:9:1.0.1.1.2.1.1.10 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | A | Subpart A—Licensing | § 2.12 Termination of a license. | APHIS | [85 FR 28797, May 13, 2020] | A license may be terminated at any time for any reason that a license application may be denied pursuant to § 2.11 after a hearing in accordance with the applicable rules of practice in 7 CFR part 1. | |||
| 9:9:1.0.1.1.2.1.1.11 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | A | Subpart A—Licensing | § 2.13 Appeal of inspection report. | APHIS | [85 FR 28797, May 13, 2020] | Except as otherwise provided in § 2.3(c), any licensee or registrant may appeal all or part of the inspection findings in an inspection report to the Deputy Administrator. To appeal, the licensee or registrant must send a written statement contesting the inspection finding(s) and include any documentation or other information in support of the appeal. To receive consideration, the appeal must be received by the Deputy Administrator within 21 days of the date the licensee or registrant received the inspection report that is the subject of the appeal. | |||
| 9:9:1.0.1.1.2.1.1.2 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | A | Subpart A—Licensing | § 2.2 Acknowledgement of regulations and standards. | APHIS | [85 FR 28796, May 13, 2020, as amended at 88 FR 10713, Feb. 21, 2023] | Animal Care will supply a copy of the Act and the regulations and standards in this subchapter to an applicant upon request. Signing the application form is an acknowledgement that the applicant has reviewed the Act and the regulations and standards and agrees to comply with them. | |||
| 9:9:1.0.1.1.2.1.1.3 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | A | Subpart A—Licensing | § 2.3 Demonstration of compliance with standards and regulations. | APHIS | [85 FR 28796, May 13, 2020, as amended at 88 FR 10713, Feb. 21, 2023] | (a) Each applicant for a license must demonstrate that his or her location(s) and any animals, facilities, vehicles, equipment, or other locations used or intended for use in the business comply with the Act and the regulations and standards set forth in parts 2 and 3 of this subchapter. Each applicant must make his or her animals, locations, facilities, vehicles, equipment, and records available for inspection during business hours and at other times mutually agreeable to the applicant and APHIS, to ascertain the applicant's compliance with the Act and the regulations and standards. (b) Each applicant for a license must be inspected by APHIS and demonstrate compliance with the Act and the regulations and standards, as required in paragraph (a) of this section, before APHIS will issue a license. If the first inspection reveals that the applicant's animals, premises, facilities, vehicles, equipment, locations, or records do not meet the applicable requirements of this subchapter, APHIS will advise the applicant of existing deficiencies and the corrective measures that must be completed to come into compliance with the regulations and standards. An applicant who fails the first inspection may request up to two more inspections by APHIS to demonstrate his or her compliance with the Act and the regulations and standards. The applicant must request the second inspection, and if applicable, the third inspection, within 60 days following the first inspection. (c) Any applicant who fails the third and final prelicense inspection may appeal all or part of the inspection findings to the Deputy Administrator. To appeal, the applicant must send a written statement contesting the inspection finding(s) and include any documentation or other information in support of the appeal. To receive consideration, the appeal must be received by the Deputy Administrator within 7 days of the date the applicant received the third prelicense inspection report. Within 7 days of receiving a timely appeal, the Deputy Administrator will issue … | |||
| 9:9:1.0.1.1.2.1.1.4 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | A | Subpart A—Licensing | § 2.4 Non-interference with APHIS officials. | APHIS | A licensee or applicant for an initial license shall not interfere with, threaten, abuse (including verbally abuse), or harass any APHIS official in the course of carrying out his or her duties. | ||||
| 9:9:1.0.1.1.2.1.1.5 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | A | Subpart A—Licensing | § 2.5 Duration of license and termination of license. | APHIS | [85 FR 28796, May 13, 2020, as amended at 88 FR 10713, Feb. 21, 2023] | (a) A license issued under this part shall be valid and effective for 3 years unless: (1) The license has been revoked or suspended pursuant to section 19 of the Act or terminated pursuant to § 2.12. (2) The license is voluntarily terminated upon request of the licensee, in writing, to the Deputy Administrator. (3) The license has expired, except that: (i) The Deputy Administrator may issue a temporary license, which automatically expires after 120 days, to an applicant whose immediately preceding 3-year license has expired, if: (A) The applicant submits the appropriate application form before the expiration date of a preceding license; and (B) The applicant had no noncompliances with the Act and the regulations and standards in parts 2 and 3 of this subchapter documented in any inspection report during the preceding period of licensure. (ii) For expedited hearings occurring under § 2.11(b)(2), a license will remain valid and effective until the administrative law judge issues his or her initial decision. Should the administrative law judge's initial decision affirm the denial of the license application, the applicant's license shall terminate immediately. (4) There will not be a refund of the license fee if a license is denied, or terminated, suspended, or revoked prior to its expiration date. (b) Any person who seeks the reinstatement of a license that has expired or been terminated must follow the procedure applicable to new applicants for a license set forth in § 2.1. (c) A license which is invalid under this part shall be surrendered to the Deputy Administrator. If the license cannot be found, the licensee shall provide a written statement so stating to the Deputy Administrator. | |||
| 9:9:1.0.1.1.2.1.1.6 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | A | Subpart A—Licensing | §§ 2.6-2.8 [Reserved] | APHIS | |||||
| 9:9:1.0.1.1.2.1.1.7 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | A | Subpart A—Licensing | § 2.9 Officers, agents, and employees of licensees whose licenses have been suspended or revoked. | APHIS | [85 FR 28796, May 13, 2020] | Any person who has been or is an officer, agent, or employee of a licensee whose license has been suspended or revoked and who was responsible for or participated in the activity upon which the order of suspension or revocation was based will not be licensed, or registered as a carrier, intermediate handler, dealer, exhibitor, or research facility, within the period during which the order of suspension or revocation is in effect. | |||
| 9:9:1.0.1.1.2.1.1.8 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | A | Subpart A—Licensing | § 2.10 Licensees whose licenses have been suspended or revoked. | APHIS | [85 FR 28796, May 13, 2020] | (a) Any person whose license or registration has been suspended for any reason shall not be licensed, or registered, in his or her own name or in any other manner, within the period during which the order of suspension is in effect. No partnership, firm, corporation, or other legal entity in which any such person has a substantial interest, financial or otherwise, will be licensed or registered during that period. Any person whose license has been suspended for any reason may apply to the Deputy Administrator, in writing, for reinstatement of his or her license or registration. (b) Any person whose license has been revoked shall not be licensed or registered, in his or her own name or in any other manner, and no partnership, firm, corporation, or other legal entity in which any such person has a substantial interest, financial or otherwise, will be licensed or registered. (c) Any person whose license has been suspended or revoked shall not buy, sell, transport, exhibit, or deliver for transportation, any animal during the period of suspension or revocation, under any circumstances, whether on his or her behalf or on the behalf of another licensee or registrant. | |||
| 9:9:1.0.1.1.2.1.1.9 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | A | Subpart A—Licensing | § 2.11 Denial of license application. | APHIS | [85 FR 28797, May 13, 2020, as amended at 88 FR 10713, Feb. 21, 2023] | (a) A license will not be issued to any applicant who: (1) Has not complied with the requirements of §§ 2.1 through 2.4 and has not paid the fees indicated in § 2.1; (2) Is not in compliance with the Act or any of the regulations or standards in this subchapter; (3) Has had a license revoked or whose license is suspended, as set forth in § 2.1(d); (4) Was an officer, agent, or employee of a licensee whose license has been suspended or revoked and who was responsible for or participated in the activity upon which the order of suspension or revocation was based, as set forth in § 2.9; (5) Has pled nolo contendere (no contest) or has been found to have violated any Federal, State, or local laws or regulations pertaining to animal cruelty within 3 years of application, or after 3 years if the Administrator determines that the circumstances render the applicant unfit to be licensed; (6) Is or would be operating in violation or circumvention of any Federal, State, or local laws; or (7) Has made any false or fraudulent statements or provided any false or fraudulent records to the Department or other government agencies, or has pled nolo contendere (no contest) or has been found to have violated any Federal, State, or local laws or regulations pertaining to the transportation, ownership, neglect, or welfare of animals, or is otherwise unfit to be licensed and the Administrator determines that the issuance of a license would be contrary to the purposes of the Act. (b)(1) An applicant whose initial license application has been denied may request a hearing in accordance with the applicable rules of practice in 7 CFR part 1 for the purpose of showing why the application for license should not be denied. The denial of an initial license application shall remain in effect until the final decision has been rendered. Should the license denial be upheld, the applicant may again apply for a license 1 year from the date of the final order denying the application, unless the order provides otherwise. (2) An applicant wh… | |||
| 9:9:1.0.1.1.2.10.1.1 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | J | Subpart J—Importation of Live Dogs | § 2.150 Import permit. | APHIS | [79 FR 48659, Aug. 18, 2014, as amended at 85 FR 28798, May 13, 2020] | (a) No person shall import a live dog from any part of the world into the States for purposes of resale unless the dog is accompanied by an import permit issued by APHIS and is imported into the States within 30 days after the proposed date of arrival stated in the import permit. (b) An application for an import permit must be submitted to the Animal and Plant Health Inspection Service, Animal Care, 4700 River Road Unit 84, Riverdale, MD 20737-1234 or though Animal Care's Web site ( http://www.aphis.usda.gov/animal_welfare/ ). Application forms for import permits may be obtained from Animal Care at the address listed above. (c) The completed application must include the following information: (1) The name and address of the person intending to export the dog(s) to the States; (2) The name and address of the person intending to import the dog(s) into the States; (3) The number of dogs to be imported and the breed, sex, age, color, markings, and other identifying information of each dog; (4) The purpose of the importation; (5) The port of embarkation and the mode of transportation; (6) The port of entry in the United States; (7) The proposed date of arrival in the States; and (8) The name and address of the person to whom the dog(s) will be delivered in the States and, if the dog(s) is or are imported for resale for research purposes, the USDA registration number of the research facility where the dog will be used for research, tests, or experiments. (d) After receipt and review of the application by APHIS, an import permit indicating the applicable conditions for importation under this subpart may be issued for the importation of the dog(s) described in the application if such dog(s) appears to be eligible to be imported. Even though an import permit has been issued for the importation of a dog, the dog may only be imported if all applicable requirements of this subpart and any other applicable regulations of this subchapter and any other statute or regulation of any State or of the United States are me… | |||
| 9:9:1.0.1.1.2.10.1.2 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | J | Subpart J—Importation of Live Dogs | § 2.151 Certifications. | APHIS | [79 FR 48659, Aug. 18, 2014, as amended at 85 FR 28798, May 13, 2020] | (a) Required certificates. Except as provided in paragraph (b) of this section, no person shall import a live dog from any part of the world into the States for purposes of resale unless the following conditions are met: (1) Health certificate. Each dog is accompanied by an original health certificate issued in English by a licensed veterinarian with a valid license to practice veterinary medicine in the country of export that: (i) Specifies the name and address of the person intending to import the dog into the States; (ii) Identifies the dog on the basis of breed, sex, age, color, markings, and other identifying information; (iii) States that the dog is at least 6 months of age; (iv) States that the dog was vaccinated, not more than 12 months before the date of arrival at the U.S. port, for distemper, hepatitis, leptospirosis, parvovirus, and parainfluenza virus (DHLPP) at a frequency that provides continuous protection of the dog from those diseases and is in accordance with currently accepted practices as cited in veterinary medicine reference guides; (v) States that the dog is in good health ( i.e. , free of any infectious disease or physical abnormality which would endanger the dog or other animals or endanger public health, including, but not limited to, parasitic infection, emaciation, lesions of the skin, nervous system disturbances, jaundice, or diarrhea); and (vi) Bears the signature and the license number of the veterinarian issuing the certificate. (2) Rabies vaccination certificate. Each dog is accompanied by a valid rabies vaccination certificate 6 that was issued in English by a licensed veterinarian with a valid license to practice veterinary medicine in the country of export for the dog not less than 3 months of age at the time of vaccination that: 6 Alternatively, this requirement can be met by providing an exact copy of the rabies vaccination certificate if so required under the Public Health Service regulations in 42 CFR 71.51. (i) Specifies the name and address of the … | |||
| 9:9:1.0.1.1.2.10.1.3 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | J | Subpart J—Importation of Live Dogs | § 2.152 Notification of arrival. | APHIS | [79 FR 48659, Aug. 18, 2014, as amended at 85 FR 28798, May 13, 2020] | Upon the arrival of a dog at the port of first arrival in the States, the person intending to import the dog, or his or her agent, must present the import permit and any applicable certifications and veterinary treatment agreement required by this subpart to the collector of customs for use at that port. | |||
| 9:9:1.0.1.1.2.10.1.4 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | J | Subpart J—Importation of Live Dogs | § 2.153 Dogs refused entry. | APHIS | [79 FR 48659, Aug. 18, 2014, as amended at 85 FR 28798, May 13, 2020] | Any dog refused entry into the States for noncompliance with the requirements of this subpart or the Act may be removed from the States or may be seized and the person intending to import the dog shall provide for the care (including appropriate veterinary care), forfeiture, and adoption of the dog, at his or her expense. | |||
| 9:9:1.0.1.1.2.2.1.1 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | B | Subpart B—Registration | § 2.25 Requirements and procedures. | APHIS | [54 FR 36147, Aug. 31, 1989, as amended at 63 FR 62926, Nov. 10, 1998; 69 FR 42101, July 14, 2004; 85 FR 28797, May 13, 2020; 88 FR 10713, Feb. 21, 2023] | (a) Each carrier and intermediate handler, and each exhibitor not required to be licensed under section 3 of the Act and the regulations of this subchapter, shall register with the Secretary by completing and filing a properly executed form which will be furnished, upon request, by the Deputy Administrator. The registration form shall be filed with the Deputy Administrator for the State in which the registrant has his or her principal place of business, and shall be updated every 3 years by the completion and filing of a new registration form which will be provided by the Deputy Administrator. (b) A subsidiary of a business corporation, rather than the parent corporation, will be registered as an exhibitor unless the subsidiary is under such direct control of the parent corporation that the Secretary determines that it is necessary that the parent corporation be registered to effectuate the purposes of the Act. (c) No registrant or person required to be registered shall interfere with, threaten, abuse (including verbally abuse), or harass any APHIS official who is in the course of carrying out his or her duties. | |||
| 9:9:1.0.1.1.2.2.1.2 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | B | Subpart B—Registration | § 2.26 Acknowledgment of regulations and standards. | APHIS | [54 FR 36147, Aug. 31, 1989, as amended at 63 FR 62926, Nov. 10, 1998; 85 FR 28797, May 13, 2020; 88 FR 10713, Feb. 21, 2023] | APHIS will supply a copy of the regulations and standards in this subchapter with each registration form. The registrant shall acknowledge receipt of and shall agree to comply with the regulations and standards by signing a form provided for this purpose by APHIS, and by filing it with the Deputy Administrator. | |||
| 9:9:1.0.1.1.2.2.1.3 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | B | Subpart B—Registration | § 2.27 Notification of change of operation. | APHIS | [54 FR 36147, Aug. 31, 1989, as amended at 63 FR 62926, Nov. 10, 1998; 85 FR 28797, May 13, 2020] | (a) A registrant shall notify the Deputy Administrator by certified mail of any change in the name, address, or ownership, or other change in operations affecting its status as an exhibitor, carrier, or intermediate handler, within 10 days after making such change. (b)(1) A registrant which has not used, handled, or transported animals for a period of at least 2 years may be placed in an inactive status by making a written request to the Deputy Administrator a registrant shall notify the Deputy Administrator in writing at least 10 days before using, handling, or transporting animals again after being in an inactive status. (2) A registrant which goes out of business or which ceases to function as a carrier, intermediate handler, or exhibitor, or which changes its method of operation so that it no longer uses, handles, or transports animals, and which does not plan to use, handle, or transport animals again at any time in the future, may have its registration canceled by making a written request to the Deputy Administrator. The former registrant is responsible for reregistering and demonstrating its compliance with the Act and regulations should it start using, handling, or transporting animals at any time after its registration is canceled. | |||
| 9:9:1.0.1.1.2.3.1.1 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | C | Subpart C—Research Facilities | § 2.30 Registration. | APHIS | [54 FR 36147, Aug. 31, 1989, as amended at 63 FR 62926, Nov. 10, 1998; 69 FR 42101, July 14, 2004; 85 FR 28797, May 13, 2020; 86 FR 66925, Nov. 24, 2021; 88 FR 10713, Feb. 21, 2023] | (a) Requirements and procedures. (1) Each research facility, other than a Federal research facility, shall register with the Secretary by completing and filing a properly executed form which will be furnished, upon request, by the Deputy Administrator. The registration form shall be filed with the Deputy Administrator. Except as provided in paragraph (a)(2) of this section, where a school or department of a university or college uses or intends to use live animals for research, tests, experiments, or teaching, the university or college rather than the school or department will be considered the research facility and will be required to register with the Secretary. An official who has the legal authority to bind the parent organization shall sign the registration form. (2) In any situation in which a school or department of a university or college demonstrates to the Secretary that it is a separate legal entity and its operations and administration are independent of those of the university or college, the school or department will be registered rather than the university or college. (3) A subsidiary of a business corporation, rather than the parent corporation, will be registered as a research facility unless the subsidiary is under such direct control of the parent corporation that the Secretary determines that it is necessary that the parent corporation be registered to effectuate the purposes of the Act. (b) Acknowledgment of regulations and standards. APHIS will supply a copy of the regulations and standards in this subchapter with each registration form. The research facility shall acknowledge receipt of and shall agree to comply with the regulations and standards by signing a form provided for this purpose by APHIS, and by filing it with the Deputy Administrator. (c) Notification of change of operation. A research facility shall notify the Deputy Administrator in writing of any change in the name, address, or ownership, or other change in operations affecting its status as a research facility, wit… | |||
| 9:9:1.0.1.1.2.3.1.2 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | C | Subpart C—Research Facilities | § 2.31 Institutional Animal Care and Use Committee (IACUC). | APHIS | [54 FR 36147, Aug. 31, 1989, as amended at 59 FR 67611, Dec. 30, 1994; 63 FR 62926, Nov. 10, 1998; 86 FR 66926, Nov. 24, 2021; 88 FR 10713, Feb. 21, 2023] | (a) The Chief Executive Officer of the research facility shall appoint an Institutional Animal Care and Use Committee (IACUC), qualified through the experience and expertise of its members to assess the research facility's animal program, facilities, and procedures. Except as specifically authorized by law or these regulations, nothing in this part shall be deemed to permit the Committee or IACUC to prescribe methods or set standards for the design, performance, or conduct of actual research or experimentation by a research facility. (b) IACUC membership. (1) The members of each Committee shall be appointed by the Chief Executive Officer of the research facility; (2) The Committee shall be composed of a Chairman and at least two additional members; (3) Of the members of the Committee: (i) At least one shall be a Doctor of Veterinary Medicine, with training or experience in laboratory animal science and medicine, who has direct or delegated program responsibility for activities involving animals at the research facility; (ii) At least one shall not be affiliated in any way with the facility other than as a member of the Committee, and shall not be a member of the immediate family of a person who is affiliated with the facility. The Secretary intends that such person will provide representation for general community interests in the proper care and treatment of animals; (4) If the Committee consists of more than three members, not more than three members shall be from the same administrative unit of the facility. (c) IACUC functions. With respect to activities involving animals, the IACUC, as an agent of the research facility, shall: (1) Review, at least once every six months, the research facility's program for humane care and use of animals, using title 9, chapter I, subchapter A—Animal Welfare, as a basis for evaluation; (2) Inspect, at least once every six months, all of the research facility's animal facilities, including animal study areas, using title 9, chapter I, subchapter A-Animal Welfare, a… | |||
| 9:9:1.0.1.1.2.3.1.3 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | C | Subpart C—Research Facilities | § 2.32 Personnel qualifications. | APHIS | (a) It shall be the responsibility of the research facility to ensure that all scientists, research technicians, animal technicians, and other personnel involved in animal care, treatment, and use are qualified to perform their duties. This responsibility shall be fulfilled in part through the provision of training and instruction to those personnel. (b) Training and instruction shall be made available, and the qualifications of personnel reviewed, with sufficient frequency to fulfill the research facility's responsibilities under this section and § 2.31. (c) Training and instruction of personnel must include guidance in at least the following areas: (1) Humane methods of animal maintenance and experimentation, including: (i) The basic needs of each species of animal; (ii) Proper handling and care for the various species of animals used by the facility; (iii) Proper pre-procedural and post-procedural care of animals; and (iv) Aseptic surgical methods and procedures; (2) The concept, availability, and use of research or testing methods that limit the use of animals or minimize animal distress; (3) Proper use of anesthetics, analgesics, and tranquilizers for any species of animals used by the facility; (4) Methods whereby deficiencies in animal care and treatment are reported, including deficiencies in animal care and treatment reported by any employee of the facility. 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 Act; (5) Utilization of services (e.g., National Agricultural Library, National Library of Medicine) available to provide information: (i) On appropriate methods of animal care and use; (ii) On alternatives to the use of live animals in research; (iii) That could prevent unintended and unnecessary duplication of research involving animals; and (iv) Regarding the intent and requirements of the Act. | ||||
| 9:9:1.0.1.1.2.3.1.4 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | C | Subpart C—Research Facilities | § 2.33 Attending veterinarian and adequate veterinary care. | APHIS | [54 FR 36147, Aug. 31, 1989, as amended at 88 FR 10713, Feb. 21, 2023] | (a) Each research facility shall have an attending veterinarian who shall provide adequate veterinary care to its animals in compliance with this section: (1) Each research facility shall employ an attending veterinarian under formal arrangements. In the case of a part-time attending veterinarian or consultant arrangements, the formal arrangements shall include a written program of veterinary care and regularly scheduled visits to the research facility; (2) Each research facility shall assure that the attending veterinarian has appropriate authority to ensure the provision of adequate veterinary care and to oversee the adequacy of other aspects of animal care and use; and (3) The attending veterinarian shall be a voting member of the IACUC; Provided, however, That a research facility with more than one Doctor of Veterinary Medicine (DVM) may appoint to the IACUC another DVM with delegated program responsibility for activities involving animals at the research facility. (b) Each research facility shall establish and maintain programs of adequate veterinary care that include: (1) The availability of appropriate facilities, personnel, equipment, and services to comply with the provisions of this subchapter; (2) The use of appropriate methods to prevent, control, diagnose, and treat diseases and injuries, and the availability of emergency, weekend, and holiday care; (3) Daily observation of all animals to assess their health and well-being; Provided, however, That daily observation of animals may be accomplished by someone other than the attending veterinarian; and Provided, further, That a mechanism of direct and frequent communication is required so that timely and accurate information on problems of animal health, behavior, and well-being is conveyed to the attending veterinarian; (4) Guidance to principal investigators and other personnel involved in the care and use of animals regarding handling, immobilization, anesthesia, analgesia, tranquilization, and euthanasia; and (5) Adequate pre-procedura… | |||
| 9:9:1.0.1.1.2.3.1.5 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | C | Subpart C—Research Facilities | § 2.34 [Reserved] | APHIS | |||||
| 9:9:1.0.1.1.2.3.1.6 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | C | Subpart C—Research Facilities | § 2.35 Recordkeeping requirements. | APHIS | [54 FR 36147, Aug. 31, 1989, as amended at 58 FR 39129, July 22, 1993; 60 FR 13895, Mar. 15, 1995; 69 FR 42101, July 14, 2004; 85 FR 28797, May 13, 2020; 88 FR 10713, Feb. 21, 2023] | (a) The research facility shall maintain the following IACUC records: (1) Minutes of IACUC meetings, including records of attendance, activities of the Committee, and Committee deliberations; (2) Records of proposed activities involving animals and proposed significant changes in activities involving animals, and whether IACUC approval was given or withheld; and (3) Records of semiannual IACUC reports and recommendations (including minority views), prepared in accordance with the requirements of § 2.31(c)(3) of this subpart, and forwarded to the Institutional Official. (b) Every research facility shall make, keep, and maintain records or forms which fully and correctly disclose the following information concerning each live dog or cat purchased or otherwise acquired, owned, held, or otherwise in their possession or under their control, transported, euthanized, sold, or otherwise disposed of by the research facility. The records shall include any offspring born of any animal while in the research facility's possession or under its control: (1) The name and address of the person from whom a dog or cat was purchased or otherwise acquired, whether or not the person is required to be licensed or registered under the Act; (2) The USDA license or registration number of the person if he or she is licensed or registered under the Act; (3) The vehicle license number and State, and the driver's license number (or photographic identification card for nondrivers issued by a State) and State of the person, if he or she is not licensed or registered under the Act; (4) The date of acquisition of each dog or cat; (5) The official USDA tag number or tattoo assigned to each dog or cat under § 2.38(g) of this subpart; (6) A description of each dog or cat which shall include: (i) The species and breed or type of animal; (ii) The sex; (iii) The date of birth or approximate age; and (iv) The color and any distinctive markings; (7) Any identification number or mark assigned to each dog or cat by the research facility; (8… | |||
| 9:9:1.0.1.1.2.3.1.7 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | C | Subpart C—Research Facilities | § 2.36 Annual report. | APHIS | [54 FR 36147, Aug. 31, 1989, as amended at 63 FR 62926, Nov. 10, 1998; 85 FR 28797, May 13, 2020; 86 FR 66926, Nov. 24, 2021; 88 FR 10713, Feb. 21, 2023] | (a) The reporting facility shall be that segment of the research facility, or that department, agency, or instrumentality of the United States that uses or intends to use live animals in research, tests, experiments, or for teaching. Each reporting facility shall submit an annual report to the Deputy Administrator on or before December 1 of each calendar year. The report shall cover the previous Federal fiscal year. The Annual Report of Research Facility (APHIS Form 7023), Continuation Sheet for Annual Report of Research Facility (APHIS Form 7023A), and Annual Report of Research Facility Column E Explanation (APHIS Form 7023B) are forms which may be used to submit the information required by paragraph (b) of this section. (b) The annual report shall: (1) Assure that professionally acceptable standards governing the care, treatment, and use of animals, including appropriate use of anesthetic, analgesic, and tranquilizing drugs, prior to, during, and following actual research, teaching, testing, surgery, or experimentation were followed by the research facility; (2) Assure that each principal investigator has considered alternatives to painful procedures; (3) Assure that the facility is adhering to the standards and regulations under the Act, and that it has required that exceptions to the standards and regulations be specified and explained by the principal investigator and approved by the IACUC. A summary of all such exceptions must be attached to the facility's annual report. In addition to identifying the IACUC-approved exceptions, this summary must include a brief explanation of the exceptions, as well as the species and number of animals affected; (4) State the location of all facilities where animals were housed or used in actual research, testing, teaching, or experimentation, or held for these purposes; (5) State the common names and the numbers of animals upon which teaching, research, experiments, or tests were conducted involving no pain, distress, or use of pain-relieving drugs. Routine procedure… | |||
| 9:9:1.0.1.1.2.3.1.8 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | C | Subpart C—Research Facilities | § 2.37 Federal research facilities. | APHIS | Each Federal research facility shall establish an Institutional Animal Care and Use Committee which shall have the same composition, duties, and responsibilities required of nonfederal research facilities by § 2.31 with the following exceptions: (a) The Committee shall report deficiencies to the head of the Federal agency conducting the research rather than to APHIS; and (b) The head of the Federal agency conducting the research shall be responsible for all corrective action to be taken at the facility and for the granting of all exceptions to inspection protocol. | ||||
| 9:9:1.0.1.1.2.3.1.9 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | C | Subpart C—Research Facilities | § 2.38 Miscellaneous. | APHIS | [54 FR 36147, Aug. 31, 1989, as amended at 58 FR 39129, July 22, 1993; 59 FR 67612, Dec. 30, 1994; 60 FR 13895, Mar. 15, 1995; 63 FR 62926, Nov. 10, 1998; 69 FR 42101, July 14, 2004; 77 FR 76823, Dec. 31, 2012; 85 FR 28797, May 13, 2020; 86 FR 68537, Dec. 3, 2021; 88 FR 10713, Feb. 21, 2023] | (a) Information as to business: furnishing of same by research facilities. Each research facility shall furnish to any APHIS official any information concerning the business of the research facility which the APHIS official may request in connection with the enforcement of the provisions of the Act, the regulations, and the standards in this subchapter. The information shall be furnished within a reasonable time and as may be specified in the request for information. (b) Access and inspection of records and property. (1) Each research facility shall, during business hours, allow APHIS officials: (i) To enter its place of business; (ii) To examine records required to be kept by the Act and the regulations in this part; (iii) To make copies of the records; (iv) To inspect the facilities, property, and animals, as the APHIS officials consider necessary to enforce the provisions of the Act, the regulations, and the standards in this subchapter; and (v) To document, by the taking of photographs and other means, conditions and areas of noncompliance. (2) The use of a room, table or other facilities necessary for the proper examination of the records and for inspection of the property or animals shall be extended to APHIS officials by the research facility. (c) Publication of lists of research facilities subject to the provisions of this part. APHIS will publish on its website lists of research facilities registered in accordance with the provisions of this subpart. The lists may also be obtained upon request from the Deputy Administrator. (d) Inspection for missing animals. Each research facility shall allow, upon request and during business hours, police or officers of other law enforcement agencies with general law enforcement authority (not those agencies whose duties are limited to enforcement of local animal regulations) to enter its place of business to inspect animals and records for the purpose of seeking animals that are missing, under the following conditions: (1) The police or other law off… | |||
| 9:9:1.0.1.1.2.4.1.1 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | D | Subpart D—Attending Veterinarian and Adequate Veterinary Care | § 2.40 Attending veterinarian and adequate veterinary care (dealers and exhibitors). | APHIS | [54 FR 36147, Aug. 31, 1989, as amended at 88 FR 10714, Feb. 21, 2023] | (a) Each dealer or exhibitor shall have an attending veterinarian who shall provide adequate veterinary care to its animals in compliance with this section. (1) Each dealer and exhibitor shall employ an attending veterinarian under formal arrangements. In the case of a part-time attending veterinarian or consultant arrangements, the formal arrangements shall include a written program of veterinary care and regularly scheduled visits to the premises of the dealer or exhibitor; and (2) Each dealer and exhibitor shall assure that the attending veterinarian has appropriate authority to ensure the provision of adequate veterinary care and to oversee the adequacy of other aspects of animal care and use. (b) Each dealer or exhibitor shall establish and maintain programs of adequate veterinary care that include: (1) The availability of appropriate facilities, personnel, equipment, and services to comply with the provisions of this subchapter; (2) The use of appropriate methods to prevent, control, diagnose, and treat diseases and injuries, and the availability of emergency, weekend, and holiday care; (3) Daily observation of all animals to assess their health and well-being; Provided, however, That daily observation of animals may be accomplished by someone other than the attending veterinarian; and Provided, further, That a mechanism of direct and frequent communication is required so that timely and accurate information on problems of animal health, behavior, and well-being is conveyed to the attending veterinarian; (4) Adequate guidance to personnel involved in the care and use of animals regarding handling, immobilization, anesthesia, analgesia, tranquilization, and euthanasia; and (5) Adequate pre-procedural and post-procedural care in accordance with established veterinary medical and nursing procedures. | |||
| 9:9:1.0.1.1.2.5.1.1 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | E | Subpart E—Identification of Animals | § 2.50 Time and method of identification. | APHIS | [54 FR 36147, Aug. 31, 1989, as amended at 88 FR 10714, Feb. 21, 2023] | (a) A class “A” dealer (breeder) shall identify all live dogs and cats on the premises as follows: (1) All live dogs and cats held on the premises, purchased, or otherwise acquired, sold or otherwise disposed of, or removed from the premises for delivery to a research facility or exhibitor or to another dealer, or for sale, through an auction sale or to any person for use as a pet, shall be identified by an official tag of the type described in § 2.51 affixed to the animal's neck by means of a collar made of material generally considered acceptable to pet owners as a means of identifying their pet dogs or cats 2 , or shall be identified by a distinctive and legible tattoo marking acceptable to and approved by the Administrator. 2 In general, well fitted collars made of leather or plastic will be acceptable under this provision. The use of certain types of chains presently used by some dealers may also be deemed acceptable. APHIS will determine the acceptability of a material proposed for usage as collars from the standpoint of humane considerations on an individual basis in consultation with the dealer or exhibitor involved. The use of materials such as wire, elastic, or sharp metal that might cause discomfort or injury to the dogs or cats is not acceptable. (2) Live puppies or kittens, less than 16 weeks of age, shall be identified by: (i) An official tag as described in § 2.51; (ii) A distinctive and legible tattoo marking approved by the Administrator; or (iii) A plastic-type collar acceptable to the Administrator which has legibly placed thereon the information required for an official tag pursuant to § 2.51. (b) A class “B” dealer shall identify all live dogs and cats under his or her control or on his or her premises as follows: (1) When live dogs or cats are held, purchased, or otherwise acquired, they shall be immediately identified: (i) By affixing to the animal's neck an official tag as set forth in § 2.51 by means of a collar made of material generally acceptable to pet owners as a means… | |||
| 9:9:1.0.1.1.2.5.1.2 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | E | Subpart E—Identification of Animals | § 2.51 Form of official tag. | APHIS | (a) The official tag shall be made of a durable alloy such as brass, bronze, or steel, or of a durable plastic. Aluminum of a sufficient thickness to assure the tag is durable and legible may also be used. The tag shall be one of the following shapes: (1) Circular in shape and not less than 1 1/4 inches in diameter, or (2) Oblong and flat in shape, not less than 2 inches by 3/4 inch and riveted to an acceptable collar. (b) Each tag shall have the following information embossed or stamped on so that it is easily readable: (1) The letters “USDA”; (2) Numbers identifying the State and dealer, exhibitor, or research facility (e.g., 39-AB); and (3) Numbers identifying the animal (e.g., 82488). (c) Official tags shall be serially numbered. No individual dealer or exhibitor shall use any identification tag number more than once within a 5-year period. | ||||
| 9:9:1.0.1.1.2.5.1.3 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | E | Subpart E—Identification of Animals | § 2.52 How to obtain tags. | APHIS | [54 FR 36147, Aug. 31, 1989, as amended at 63 FR 62927, Nov. 10, 1998; 85 FR 28798, May 13, 2020] | Dealers or exhibitors may obtain, at their own expense, official tags from commercial tag manufacturers. 4 At the time the dealer or exhibitor is issued a license or is registered, the Department will assign identification letters and numbers and inform them of the identification letters and numbers to be used on the official tags. 4 A list of the commercial manufacturers who produce these tags and are known to the Department may be obtained from the Deputy Administrator. Any manufacturer who desires to be included in the list should notify the Administrator. | |||
| 9:9:1.0.1.1.2.5.1.4 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | E | Subpart E—Identification of Animals | § 2.53 Use of tags. | APHIS | Official tags obtained by a dealer, exhibitor, or research facility, shall be applied to dogs or cats in the manner set forth in § 2.50 and in as close to consecutive numerical order as possible. No tag number shall be used to identify more than one animal. No number shall be repeated within a 5-year period. | ||||
| 9:9:1.0.1.1.2.5.1.5 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | E | Subpart E—Identification of Animals | § 2.54 Lost tags. | APHIS | Each dealer or exhibitor shall be held accountable for all official tags acquired. In the event an official tag is lost from a dog or cat while in the possession of a dealer or exhibitor, the dealer or exhibitor shall make a diligent effort to locate and reapply the tag to the proper animal. If the lost tag is not located, the dealer or exhibitor shall affix another official tag to the animal in the manner prescribed in § 2.50, and record the tag number on the official records. | ||||
| 9:9:1.0.1.1.2.5.1.6 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | E | Subpart E—Identification of Animals | § 2.55 Removal and disposal of tags. | APHIS | (a) Where a dog or cat to which is affixed or which is identified by an official tag is euthanized, or dies from other causes, the dealer or exhibitor shall remove and retain the tag for the required period, as set forth in paragraph (b) of this section. (b) All official tags removed and retained by a dealer or exhibitor shall be held until called for by an APHIS official or for a period of 1 year. (c) When official tags are removed from animals for disposal, the tags must be disposed of so as to preclude their reuse for animal identification. No animal identification number shall be used within any 5-year period following its previous use. | ||||
| 9:9:1.0.1.1.2.6.1.1 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | F | Subpart F—Stolen Animals | § 2.60 Prohibition on the purchase, sale, use, or transportation of stolen animals. | APHIS | No person shall buy, sell, exhibit, use for research, transport, or offer for transportation, any stolen animal. | ||||
| 9:9:1.0.1.1.2.7.1.1 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | G | Subpart G—Records | § 2.75 Records: Dealers and exhibitors. | APHIS | [54 FR 36147, Aug. 31, 1989, as amended at 58 FR 39129, July 22, 1993; 58 FR 45041, Aug. 26, 1993; 60 FR 13895, Mar. 15, 1995; 69 FR 42102, July 14, 2004; 85 FR 28798, May 13, 2020; 88 FR 10714, Feb. 21, 2023] | (a)(1) Each dealer, other than operators of auction sales and brokers to whom animals are consigned, and each exhibitor shall make, keep, and maintain records or forms which fully and correctly disclose the following information concerning each dog or cat purchased or otherwise acquired, owned, held, or otherwise in his or her possession or under his or her control, or which is transported, euthanized, sold, or otherwise disposed of by that dealer or exhibitor. The records shall include any offspring born of any animal while in his or her possession or under his or her control. (i) The name and address of the person from whom a dog or cat was purchased or otherwise acquired whether or not the person is required to be licensed or registered under the Act; (ii) The USDA license or registration number of the person if he or she is licensed or registered under the Act; (iii) The vehicle license number and State, and the driver's license number (or photographic identification card for nondrivers issued by a State) and State of the person, if he or she is not licensed or registered under the Act; (iv) The name and address of the person to whom a dog or cat was sold or given and that person's license or registration number if he or she is licensed or registered under the Act; (v) The date a dog or cat was acquired or disposed of, including by euthanasia; (vi) The official USDA tag number or tattoo assigned to a dog or cat under §§ 2.50 and 2.54; (vii) A description of each dog or cat which shall include: (A) The species and breed or type; (B) The sex; (C) The date of birth or approximate age; and (D) The color and any distinctive markings; (viii) The method of transportation including the name of the initial carrier or intermediate handler or, if a privately owned vehicle is used to transport a dog or cat, the name of the owner of the privately owned vehicle; (ix) The date and method of disposition of a dog or cat, e.g., sale, death, euthanasia, or donation. (2) Each dealer and exhibitor shall use Record o… | |||
| 9:9:1.0.1.1.2.7.1.2 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | G | Subpart G—Records | § 2.76 Records: Operators of auction sales and brokers. | APHIS | [54 FR 36147, Aug. 31, 1989, as amended at 69 FR 42102, July 14, 2004; 88 FR 10714, Feb. 21, 2023] | (a) Every operator of an auction sale or broker shall make, keep, and maintain records or forms which fully and correctly disclose the following information concerning each animal consigned for auction or sold, whether or not a fee or commission is charged: (1) The name and address of the person who owned or consigned the animal(s) for sale; (2) The name and address of the buyer or consignee who received the animal; (3) The USDA license or registration number of the person(s) selling, consigning, buying, or receiving the animals if he or she is licensed or registered under the Act; (4) The vehicle license number and State, and the driver's license number (or photographic identification card for nondrivers issued by a State) and State of the person, if he or she is not licensed or registered under the Act; (5) The date of the consignment; (6) The official USDA tag number or tattoo assigned to the animal under §§ 2.50 and 2.54; (7) A description of the animal which shall include: (i) The species and the breed or type of animal; (ii) The sex of the animal; or if the animal is a bird, only if the sex is readily determinable; (iii) The date of birth or hatch date; or, if unknown, the approximate age or developmental stage; and (iv) The color and any distinctive markings; and (8) The auction sales number or records number assigned to the animal. (b) One copy of the record containing the information required by paragraph (a) of this section shall be given to the consignor of each animal, one copy of the record shall be given to the purchaser of each animal: Provided, however, That information which indicates the source and date of consignment of any animal need not appear on the copy of the record given the purchaser of any animal. One copy of the record containing the information required by paragraph (a) of this section shall be retained by the operator of such auction sale, or broker, for each animal sold by the auction sale or broker. | |||
| 9:9:1.0.1.1.2.7.1.3 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | G | Subpart G—Records | § 2.77 Records: Carriers and intermediate handlers. | APHIS | [54 FR 36147, Aug. 31, 1989, as amended at 85 FR 28798, May 13, 2020; 88 FR 10714, Feb. 21, 2023] | (a) In connection with all live animals accepted for shipment on a C.O.D. basis or other arrangement or practice under which the cost of an animal or the transportation of an animal is to be paid and collected upon delivery of the animal to the consignee, the accepting carrier or intermediate handler, if any, shall keep and maintain a copy of the consignor's written guarantee for the payment of transportation charged for any animal not claimed as provided in § 2.80, including, where necessary, both the return transportation charges and an amount sufficient to reimburse the carrier for out-of-pocket expenses incurred for the care, feeding, and storage of the animal. The carrier or intermediate handler at destination shall also keep and maintain a copy of the shipping document containing the time, date, and method of each attempted notification and the final notification to the consignee and the name of the person notifying the consignee, as provided in § 2.80. (b) In connection with all live dogs, cats, or nonhuman primates delivered for transportation, in commerce, to any carrier or intermediate handler, by any dealer, research facility, exhibitor, operator of an auction sale, broker, or department, agency or instrumentality of the United States or of any state or local government, the accepting carrier or intermediate handler shall keep and maintain a copy of the health certification completed as required by § 2.78, tendered with each live dog, cat, or nonhuman primate. | |||
| 9:9:1.0.1.1.2.7.1.4 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | G | Subpart G—Records | § 2.78 Health certification and identification. | APHIS | [54 FR 36147, Aug. 31, 1989, as amended at 59 FR 67612, Dec. 30, 1994; 60 FR 13896, Mar. 15, 1995; 63 FR 62927, Nov. 10, 1998; 69 FR 42102, July 14, 2004; 88 FR 10714, Feb. 21, 2023] | (a) No dealer, exhibitor, operator of an auction sale, broker, or department, agency, or instrumentality of the United States or of any State or local government shall deliver to any intermediate handler or carrier for transportation, in commerce, or shall transport in commerce any dog, cat, or nonhuman primate unless the dog, cat, or nonhuman primate is accompanied by a health certificate executed and issued by a licensed veterinarian. The health certificate shall state that: (1) The licensed veterinarian inspected the dog, cat, or nonhuman primate on a specified date which shall not be more than 10 days prior to the delivery of the dog, cat, or nonhuman primate for transportation; and (2) when so inspected, the dog, cat, or nonhuman primate appeared to the licensed veterinarian to be free of any infectious disease or physical abnormality which would endanger the animal(s) or other animals or endanger public health. (b) The Secretary may provide exceptions to the health certification requirement on an individual basis for animals shipped to a research facility for purposes of research, testing, or experimentation when the research facility requires animals not eligible for certification. Requests should be addressed to the Animal and Plant Health Inspection Service, Animal Care, 4700 River Road, Unit 84, Riverdale, Maryland 20737-1234. (c) No intermediate handler or carrier to whom any live dog, cat, or nonhuman primate is delivered for transportation by any dealer, research facility, exhibitor, broker, operator of an auction sale, or department, agency, or instrumentality of the United States or any State or local government shall receive a live dog, cat, or nonhuman primate for transportation, in commerce, unless and until it is accompanied by a health certificate issued by a licensed veterinarian in accordance with paragraph (a) of this section, or an exemption issued by the Secretary in accordance with paragraph (b) of this section. (d) The U.S. Interstate and International Certificate of Health Examina… | |||
| 9:9:1.0.1.1.2.7.1.5 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | G | Subpart G—Records | § 2.79 C.O.D. shipments. | APHIS | [54 FR 36147, Aug. 31, 1989, as amended at 88 FR 10714, Feb. 21, 2023] | (a) No carrier or intermediate handler shall accept any animal for transportation, in commerce, upon any C.O.D. or other basis where any money is to be paid and collected upon delivery of the animal to the consignee, unless the consignor guarantees in writing the payment of all transportation, including any return transportation, if the shipment is unclaimed or the consignee cannot be notified in accordance with paragraphs (b) and (c) of this section, including reimbursing the carrier or intermediate handler for all out-of-pocket expenses incurred for the care, feeding, and storage or housing of the animal. (b) Any carrier or intermediate handler receiving an animal at a destination on a C.O.D. or other basis any money is to be paid and collected upon delivery of the animal to the consignee shall attempt to notify the consignee at least once every 6 hours for a period of 24 hours after arrival of the animal at the animal holding area of the terminal cargo facility. The carrier or intermediate handler shall record the time, date, and method of each attempted notification and the final notification to the consignee, and the name of the person notifying the consignee, on the shipping document and on the copy of the shipping document accompanying the C.O.D. shipment. If the consignee cannot be notified of the C.O.D. shipment within 24 hours after its arrival, the carrier or intermediate handler shall return the animal to the consignor, or to whomever the consignor has designated, on the next practical available transportation, in accordance with the written agreement required in paragraph (a) of this section and shall notify the consignor. Any carrier or intermediate handler which has notified a consignee of the arrival of a C.O.D. or other shipment of an animal, where any money is to be paid and collected upon delivery of the animal to the consignee, which is not claimed by the consignee within 48 hours from the time of notification, shall return the animal to the consignor, or to whomever the consignor has designa… | |||
| 9:9:1.0.1.1.2.7.1.6 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | G | Subpart G—Records | § 2.80 Records, disposition. | APHIS | [54 FR 36147, Aug. 31, 1989, as amended at 88 FR 10714, Feb. 21, 2023] | (a) No dealer, exhibitor, broker, operator of an auction sale, carrier, or intermediate handler shall, for a period of 1 year, destroy or dispose of, without the consent in writing of the Administrator, any books, records, documents, or other papers required to be kept and maintained under this part. (b) Unless otherwise specified, the records required to be kept and maintained under this part shall be held for 1 year after an animal is euthanized or disposed of and for any period in excess of one year as necessary to comply with any applicable Federal, State, or local law. Whenever the Administrator notifies a dealer, exhibitor, broker, operator of an auction sale, carrier, or intermediate handler in writing that specified records shall be retained pending completion of an investigation or proceeding under the Act, the dealer, exhibitor, broker, operator of an auction sale, carrier, or intermediate handler shall hold those records until their disposition is authorized by the Administrator. | |||
| 9:9:1.0.1.1.2.8.1.1 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | H | Subpart H—Compliance With Standards and Holding Period | § 2.100 Compliance with standards. | APHIS | (a) Each dealer, exhibitor, operator of an auction sale, and intermediate handler shall comply in all respects with the regulations set forth in part 2 and the standards set forth in part 3 of this subchapter for the humane handling, care, treatment, housing, and transportation of animals. (b) Each carrier shall comply in all respects with the regulations in part 2 and the standards in part 3 of this subchapter setting forth the conditions and requirements for the humane transportation of animals in commerce and their handling, care, and treatment in connection therewith. | ||||
| 9:9:1.0.1.1.2.8.1.2 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | H | Subpart H—Compliance With Standards and Holding Period | § 2.101 Holding period. | APHIS | (a) Any live dog or cat acquired by a dealer 5 or exhibitor shall be held by him or her, under his or her supervision and control, for a period of not less than 5 full days, not including the day of acquisition, after acquiring the animal, excluding time in transit: Provided, however: 5 An operator of an auction sale is not considered to have acquired a dog or cat which is sold through the auction sale. (1) That any live dog or cat acquired by a dealer or exhibitor from any private or contract animal pound or shelter shall be held by that dealer or exhibitor under his or her supervision and control for a period of not less than 10 full days, not including the day of acquisition, after acquiring the animal, excluding time in transit; (2) Live dogs or cats which have completed a 5-day holding period with another dealer or exhibitor, or a 10-day holding period with another dealer or exhibitor if obtained from a private or contract shelter or pound, may be sold or otherwise disposed of by subsequent dealers or exhibitors after a minimum holding period of 24 hours by each subsequent dealer or exhibitor excluding time in transit; (3) Any dog or cat suffering from disease, emaciation, or injury may be destroyed by euthanasia prior to the completion of the holding period required by this section; and (4) Any live dog or cat, 120 days of age or less, that was obtained from the person that bred and raised such dog or cat, may be exempted from the 5-day holding requirement and may be disposed of by dealers or exhibitors after a minimum holding period of 24 hours, excluding time in transit. Each subsequent dealer or exhibitor must also hold each such dog or cat for a 24-hour period excluding time in transit. (b) During the period in which any dog or cat is being held as required by this section, the dog or cat shall be unloaded from any means of conveyance in which it was received, for food, water, and rest, and shall be handled, cared for, and treated in accordance with the standards set forth in part 3, subpa… | ||||
| 9:9:1.0.1.1.2.8.1.3 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | H | Subpart H—Compliance With Standards and Holding Period | § 2.102 Holding facility. | APHIS | [54 FR 36147, Aug. 31, 1989, as amended at 60 FR 13896, Mar. 15, 1995; 63 FR 62927, Nov. 10, 1998; 69 FR 42102, July 14, 2004; 77 FR 76823, Dec. 31, 2012; 85 FR 28798, May 13, 2020] | (a) If any dealer or exhibitor obtains the prior approval of the Deputy Administrator, he may arrange to have another person hold animals for the required period provided for in paragraph (a) of § 2.101: Provided, That: (1) The other person agrees in writing to comply with the regulations in part 2 and the standards in part 3 of this subchapter and to allow inspection of his premises by an APHIS official during business hours; and (2) The animals remain under the total control and responsibility of the dealer or exhibitor. (3) Approval will not be given for a dealer or exhibitor holding a license as set forth in § 2.1 to have animals held for purposes of this section by another licensed dealer or exhibitor. APHIS Form 7009 shall be used for approval. (4) The other person or premises must either be directly included in the dealer's or exhibitor's contingency plan required under § 2.134 or must develop its own contingency plan in accordance with § 2.134. (b) If any intermediate handler obtains prior approval of the Deputy Administrator, it may arrange to have another person hold animals: Provided, That: (1) The other person agrees in writing to comply with the regulations in part 2 and the standards in part 3 of this subchapter and to allow inspection of the premises by an APHIS official during business hours; and (2) The animals remain under the total control and responsibility of the research facility or intermediate handler. (3) The other person or premises must either be directly included in the intermediate handler's contingency plan required under § 2.134 or must develop its own contingency plan in accordance with § 2.134. | |||
| 9:9:1.0.1.1.2.9.1.1 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | I | Subpart I—Miscellaneous | § 2.125 Information as to business; furnishing of same by dealers, exhibitors, operators of auction sales, intermediate handlers, and carriers. | APHIS | [54 FR 36147, Aug. 31, 1989, as amended at 88 FR 10714, Feb. 21, 2023] | Each dealer, exhibitor, operator of an auction sale, intermediate handler, and carrier shall furnish to any APHIS official any information concerning the business of the dealer, exhibitor, operator of an auction sale, intermediate handler or carrier which the APHIS official may request in connection with the enforcement of the provisions of the Act, the regulations and the standards in this subchapter. The information shall be furnished within a reasonable time and as may be specified in the request for information. | |||
| 9:9:1.0.1.1.2.9.1.10 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | I | Subpart I—Miscellaneous | § 2.134 Contingency planning. | APHIS | [77 FR 76823, Dec. 31, 2012, as amended at 86 FR 68537, Dec. 3, 2021] | (a) Dealers, exhibitors, intermediate handlers, and carriers must develop, document, and follow an appropriate plan to provide for the humane handling, treatment, transportation, housing, and care of their animals in the event of an emergency or disaster (one which could reasonably be anticipated and expected to be detrimental to the good health and well-being of the animals in their possession). Such contingency plans must: (1) Identify situations the licensee or registrant might experience that would trigger the need for the measures identified in a contingency plan to be put into action including, but not limited to, emergencies such as electrical outages, faulty HVAC systems, fires, mechanical breakdowns, and animal escapes, as well as natural disasters most likely to be experienced; (2) Outline specific tasks required to be carried out in response to the identified emergencies or disasters including, but not limited to, detailed animal evacuation instructions or shelter-in-place instructions and provisions for providing backup sources of food and water as well as sanitation, ventilation, bedding, veterinary care, etc.; (3) Identify a chain of command and who (by name or by position title) will be responsible for fulfilling these tasks; and (4) Address how response and recovery will be handled in terms of materials, resources, and training needed. (b) For current licensees and registrants, the contingency plan must be in place by July 5, 2022. For new dealers, exhibitors, intermediate handlers, and carriers licensed or registered after this date, the contingency plan must be in place prior to conducting regulated activities. The plan must be reviewed by the dealer, exhibitor, intermediate handler, or carrier on at least an annual basis to ensure that it adequately addresses the criteria listed in paragraph (a) of this section. Each licensee and registrant must maintain documentation of their annual reviews, including documenting any amendments or changes made to their plan since the previous year's revie… | |||
| 9:9:1.0.1.1.2.9.1.2 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | I | Subpart I—Miscellaneous | § 2.126 Access and inspection of records and property; submission of itineraries. | APHIS | [54 FR 36147, Aug. 31, 1989, as amended at 69 FR 42102, July 14, 2004; 77 FR 76814, Dec. 31, 2012; 85 FR 28798, May 13, 2020; 88 FR 10714, Feb. 21, 2023] | (a) Each dealer, exhibitor, intermediate handler, or carrier, shall, during business hours, allow APHIS officials: (1) To enter its place of business; (2) To examine records required to be kept by the Act and the regulations in this part; (3) To make copies of the records; (4) To inspect and photograph the facilities, property and animals, as the APHIS officials consider necessary to enforce the provisions of the Act, the regulations and the standards in this subchapter; and (5) To document, by the taking of photographs and other means, conditions and areas of noncompliance. (b) The use of a room, table, or other facilities necessary for the proper examination of the records and inspection of the property or animals must be extended to APHIS officials by the dealer, exhibitor, intermediate handler or carrier, and a responsible adult shall be made available to accompany APHIS officials during the inspection process. (c) Any person who is subject to the Animal Welfare regulations and who intends to exhibit any animal at any location other than the person's approved site (including, but not limited to, circuses, traveling educational exhibits, animal acts, and petting zoos), except for travel that does not extend overnight, shall submit a written itinerary to the Deputy Administrator. The itinerary shall be received by the Deputy Administrator no fewer than 2 days in advance of any travel and shall contain complete and accurate information concerning the whereabouts of any animal intended for exhibition at any location other than the person's approved site. If the exhibitor accepts an engagement for which travel will begin with less than 48 hours' notice, the exhibitor shall immediately contact the Deputy Administrator in writing with the required information. APHIS expects such situations to occur infrequently, and exhibitors who repeatedly provide less than 48 hours' notice will, after notice by APHIS, be subject to increased scrutiny under the Act. (1) The itinerary shall include the following: (i) The n… | |||
| 9:9:1.0.1.1.2.9.1.3 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | I | Subpart I—Miscellaneous | § 2.127 Publication of lists of persons subject to the provisions of this part. | APHIS | [85 FR 28798, May 13, 2020] | APHIS will publish on its website lists of persons licensed or registered in accordance with the provisions of this part. The lists may also be obtained upon request from the Deputy Administrator. | |||
| 9:9:1.0.1.1.2.9.1.4 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | I | Subpart I—Miscellaneous | § 2.128 Inspection for missing animals. | APHIS | Each dealer, exhibitor, intermediate handler and carrier shall allow, upon request and during business hours, police or officers of other law enforcement agencies with general law enforcement authority (not those agencies whose duties are limited to enforcement of local animal regulations) to enter his or her place of business to inspect animals and records for the purpose of seeking animals that are missing, under the following conditions: (a) The police or other law officer shall furnish to the dealer, exhibitor, intermediate handler or carrier a written description of the missing animal and the name and address of its owner before making a search. (b) The police or other law officer shall abide by all security measures required by the dealer, exhibitor, intermediate handler or carrier to prevent the spread of disease, including the use of sterile clothing, footwear, and masks where required, or to prevent the escape of an animal. | ||||
| 9:9:1.0.1.1.2.9.1.5 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | I | Subpart I—Miscellaneous | § 2.129 Confiscation and destruction of animals. | APHIS | [54 FR 36147, Aug. 31, 1989, as amended at 66 FR 239, Jan. 3, 2001] | (a) If an animal being held by a dealer, exhibitor, intermediate handler, or by a carrier is found by an APHIS official to be suffering as a result of the failure of the dealer, exhibitor, intermediate handler, or carrier to comply with any provision of the regulations or the standards set forth in this subchapter, the APHIS official shall make a reasonable effort to notify the dealer, exhibitor, intermediate handler, or carrier of the condition of the animal(s) and request that the condition be corrected and that adequate care be given to alleviate the animal's suffering or distress, or that the animal(s) be destroyed by euthanasia. In the event that the dealer, exhibitor, intermediate handler, or carrier refuses to comply with this request, the APHIS official may confiscate the animal(s) for care, treatment, or disposal as indicated in paragraph (b) of this section, if, in the opinion of the Administrator, the circumstances indicate the animal's health is in danger. (b) In the event that the APHIS official is unable to locate or notify the dealer, exhibitor, intermediate handler, or carrier as required in this section, the APHIS official shall contact a local police or other law officer to accompany him to the premises and shall provide for adequate care when necessary to alleviate the animal's suffering. If in the opinion of the Administrator, the condition of the animal(s) cannot be corrected by this temporary care, the APHIS official shall confiscate the animals. (c) Confiscated animals may be: (1) Placed, by sale or donation, with other licensees or registrants that comply with the standards and regulations and can provide proper care; or (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 the persons or facilities are not licensed by or registered with APHIS; or (3) Euthanized. (d) The dealer, exhibitor, intermediate handler, or carrier from whom the animals were confiscated must bear all costs incur… | |||
| 9:9:1.0.1.1.2.9.1.6 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | I | Subpart I—Miscellaneous | § 2.130 Minimum age requirements. | APHIS | No dog or cat shall be delivered by any person to any carrier or intermediate handler for transportation, in commerce, or shall be transported in commerce by any person, except to a registered research facility, unless such dog or cat is at least eight (8) weeks of age and has been weaned. | ||||
| 9:9:1.0.1.1.2.9.1.7 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | I | Subpart I—Miscellaneous | § 2.131 Handling of animals. | APHIS | [54 FR 36147, Aug. 31, 1989, as amended at 63 FR 10498, Mar. 4, 1998; 69 FR 42102, July 14, 2004] | (a) All licensees who maintain wild or exotic animals must demonstrate adequate experience and knowledge of the species they maintain. (b)(1) Handling of all animals shall be done as expeditiously and carefully as possible in a manner that does not cause trauma, overheating, excessive cooling, behavioral stress, physical harm, or unnecessary discomfort. (2)(i) Physical abuse shall not be used to train, work, or otherwise handle animals. (ii) Deprivation of food or water shall not be used to train, work, or otherwise handle animals; Provided, however, That the short-term withholding of food or water from animals by exhibitors is allowed by these regulations as long as each of the animals affected receives its full dietary and nutrition requirements each day. (c)(1) During public exhibition, any animal must be handled so there is minimal risk of harm to the animal and to the public, with sufficient distance and/or barriers between the animal and the general viewing public so as to assure the safety of animals and the public. (2) Performing animals shall be allowed a rest period between performances at least equal to the time for one performance. (3) Young or immature animals shall not be exposed to rough or excessive public handling or exhibited for periods of time which would be detrimental to their health or well-being. (4) Drugs, such as tranquilizers, shall not be used to facilitate, allow, or provide for public handling of the animals. (d)(1) Animals shall be exhibited only for periods of time and under conditions consistent with their good health and well-being. (2) A responsible, knowledgeable, and readily identifiable employee or attendant must be present at all times during periods of public contact. (3) During public exhibition, dangerous animals such as lions, tigers, wolves, bears, or elephants must be under the direct control and supervision of a knowledgeable and experienced animal handler. (4) If public feeding of animals is allowed, the food must be provided by the animal facility and s… | |||
| 9:9:1.0.1.1.2.9.1.8 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | I | Subpart I—Miscellaneous | § 2.132 Procurement of dogs, cats, and other animals; dealers. | APHIS | [54 FR 36147, Aug. 31, 1989, as amended at 69 FR 42102, July 14, 2004; 80 FR 3463, Jan. 23, 2015; 85 FR 28798, May 13, 2020] | (a) A class “B” dealer may obtain live random source dogs and cats only from: (1) Other dealers who are licensed under the Act and in accordance with the regulations in part 2; (2) State, county, or city owned and operated animal pounds or shelters; and (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. (b) No person shall obtain live dogs, cats, or other animals by use of false pretenses, misrepresentation, or deception. (c) Any dealer, exhibitor, research facility, carrier, or intermediate handler who also operates a private or contract animal pound or shelter shall comply with the following: (1) The animal pound or shelter shall be located on premises that are physically separated from the licensed or registered facility. The animal housing facility of the pound or shelter 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 by the pound or shelter. The records shall be in accordance with §§ 2.75 and 2.76, unless the animals are lost or stray. If the animals are lost or stray, the pound or shelter records shall provide: (i) An accurate description of the animal; (ii) How, where, from whom, and when the dog or cat was obtained; (iii) How long the dog or cat was held by the pound or shelter before being transferred to the dealer; and (iv) The date the dog or cat was transferred to the dealer. (3) Any dealer who obtains or acquires a live dog or cat from a private or contract pound or shelter, including a pound or shelter he or she operates, shall hold the dog or cat for a period of at least 10 full days, not including the day of acquisition, excluding time in transit, after acquiring the animal, and otherwise in accordance with § 2.101. (d) No dealer or exhibitor shall knowingly obtain any dog, cat, or other animal from any person who is required to be licensed but who does not … | |||
| 9:9:1.0.1.1.2.9.1.9 | 9 | Animals and Animal Products | I | A | 2 | PART 2—REGULATIONS | I | Subpart I—Miscellaneous | § 2.133 Certification for random source dogs and cats. | APHIS | [58 FR 39129, July 22, 1993] | (a) Each of the entities listed in paragraphs (a)(1) through (a)(3) of this section that acquire any live dog or cat shall, before selling or providing the live dog or cat to a dealer, hold and care for the dog or cat for a period of not less than 5 full days after acquiring the animal, not including the date of acquisition and excluding time in transit. This holding period shall include at least one Saturday. The provisions of this paragraph apply to: (1) Each pound or shelter owned and operated by a State, county, or city; (2) Each private pound or shelter established for the purpose of caring for animals, such as a humane society, or other organization that is under contract with a State, county, or city, that operates as a pound or shelter, and that releases animals on a voluntary basis; and (3) Each research facility licensed by USDA as a dealer. (b) A dealer shall not sell, provide, or make available to any person a live random source dog or cat unless the dealer provides the recipient of the dog or cat with certification that contains the following information: (1) The name, address, USDA license number, and signature of the dealer; (2) The name, address, USDA license or registration number, if such number exists, and signature of the recipient of the dog or cat; (3) A description of each dog or cat being sold, provided, or made available that shall include: (i) The species and breed or type (for mixed breeds, estimate the two dominant breeds or types); (ii) The sex; (iii) The date of birth or, if unknown, then the approximate age; (iv) The color and any distinctive markings; and (v) The Official USDA-approved identification number of the animal. However, if the certification is attached to a certificate provided by a prior dealer which contains the required description, then only the official identification numbers are required; (4) The 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 wa… |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);