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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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| 9:9:1.0.1.1.1.0.1.1 | 9 | Animals and Animal Products | I | A | 1 | PART 1—DEFINITION OF TERMS | § 1.1 Definitions. | APHIS | [54 FR 36119, Aug. 31, 1989, as amended at 55 FR 12631, Apr. 5, 1990; 58 FR 39129, July 22, 1993; 62 FR 43275, Aug. 13, 1997; 63 FR 47148, Sept. 4, 1998; 63 FR 62926, Nov. 10, 1998; 65 FR 6314, Feb. 9, 2000; 68 FR 12285, Mar. 14, 2003; 69 FR 31514, June 4, 2004; 69 FR 42099, July 14, 2004; 78 FR 57249, Sept. 18, 2013; 83 FR 25554, June 4, 2018; 85 FR 28795, May 13, 2020; 88 FR 10712, Feb. 21, 2023] | For the purposes of this subchapter, unless the context otherwise requires, the following terms shall have the meanings assigned to them in this section. The singular form shall also signify the plural and the masculine form shall also signify the feminine. Words undefined in the following paragraphs shall have the meaning attributed to them in general usage as reflected by definitions in a standard dictionary. Act means the Act of August 24, 1966 (Pub. L. 89-544), (commonly known as the Laboratory Animal Welfare Act), as amended by the Act of December 24, 1970 (Pub. L. 91-579), (the Animal Welfare Act of 1970), the Act of April 22, 1976 (Pub. L. 94-279), (the Animal Welfare Act of 1976), and the Act of December 23, 1985 (Pub. L. 99-198), (the Food Security Act of 1985), and as it may be subsequently amended. Activity means, for purposes of part 2, subpart C of this subchapter, those elements of research, testing, or teaching procedures that involve the care and use of animals. Administrative unit means the organizational or management unit at the departmental level of a research facility. Administrator. The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. Ambient temperature means the air temperature surrounding the animal. Animal means any live or dead dog, cat, nonhuman primate, guinea pig, hamster, rabbit, or any other warmblooded animal, which is being used, or is intended for use for research, teaching, testing, experimentation, or exhibition purposes, or as a pet. This term excludes birds, rats of the genus Rattus, and mice of the genus Mus, bred for use in research; horses not used for research purposes; and other farm animals, such as, but not limited to, livestock or poultry used or intended for use as food or fiber, or livestock or poultry used or intended for use for improving animal nutrition, breeding, management, or production efficiency, or for improving the quality of food or fiber. This term also excludes falconry. … | |||||
| 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… | |||
| 9:9:1.0.1.1.3.1.22.1 | 9 | Animals and Animal Products | I | A | 3 | PART 3—STANDARDS | A | Subpart A—Specifications for the Humane Handling, Care, Treatment, and Transportation of Dogs and Cats | § 3.1 Housing facilities, general. | APHIS | (a) Structure; construction. Housing facilities for dogs and cats must be designed and constructed so that they are structurally sound. They must be kept in good repair, and they must protect the animals from injury, contain the animals securely, and restrict other animals from entering. 1 These minimum standards apply only to live dogs and cats, unless stated otherwise. (b) Condition and site. Housing facilities and areas used for storing animal food or bedding must be free of any accumulation of trash, waste material, junk, weeds, and other discarded materials. Animal areas inside of housing facilities must be kept neat and free of clutter, including equipment, furniture, and stored material, but may contain materials actually used and necessary for cleaning the area, and fixtures or equipment necessary for proper husbandry practices and research needs. Housing facilities other than those maintained by research facilities and Federal research facilities must be physically separated from any other business. If a housing facility is located on the same premises as another business, it must be physically separated from the other business so that animals the size of dogs, skunks, and raccoons are prevented from entering it. (c) Surfaces —(1) General requirements. The surfaces of housing facilities—including houses, dens, and other furniture-type fixtures and objects within the facility—must be constructed in a manner and made of materials that allow them to be readily cleaned and sanitized, or removed or replaced when worn or soiled. Interior surfaces and any surfaces that come in contact with dogs or cats must: (i) Be free of excessive rust that prevents the required cleaning and sanitization, or that affects the structural strength of the surface; and (ii) Be free of jagged edges or sharp points that might injure the animals. (2) Maintenance and replacement of surfaces. All surfaces must be maintained on a regular basis. Surfaces of housing facilities—including houses, dens, and other furniture… | ||||
| 9:9:1.0.1.1.3.1.22.2 | 9 | Animals and Animal Products | I | A | 3 | PART 3—STANDARDS | A | Subpart A—Specifications for the Humane Handling, Care, Treatment, and Transportation of Dogs and Cats | § 3.2 Indoor housing facilities. | APHIS | [56 FR 6486, Feb. 15, 1991, as amended at 63 FR 10498, Mar. 4, 1998] | (a) Heating, cooling, and temperature. Indoor housing facilities for dogs and cats must be sufficiently heated and cooled when necessary to protect the dogs and cats from temperature or humidity extremes and to provide for their health and well-being. When dogs or cats are present, the ambient temperature in the facility must not fall below 50 °F (10 °C) for dogs and cats not acclimated to lower temperatures, for those breeds that cannot tolerate lower temperatures without stress or discomfort (such as short-haired breeds), and for sick, aged, young, or infirm dogs and cats, except as approved by the attending veterinarian. Dry bedding, solid resting boards, or other methods of conserving body heat must be provided when temperatures are below 50 °F (10 °C). The ambient temperature must not fall below 45 °F (7.2 °C) for more than 4 consecutive hours when dogs or cats are present, and must not rise above 85 °F (29.5 °C) for more than 4 consecutive hours when dogs or cats are present. The preceding requirements are in addition to, not in place of, all other requirements pertaining to climatic conditions in parts 2 and 3 of this chapter. (b) Ventilation. Indoor housing facilities for dogs and cats must be sufficiently ventilated at all times when dogs or cats are present to provide for their health and well-being, and to minimize odors, drafts, ammonia levels, and moisture condensation. Ventilation must be provided by windows, vents, fans, or air conditioning. Auxiliary ventilation, such as fans, blowers, or air conditioning must be provided when the ambient temperature is 85 °F (29.5 °C) or higher. The relative humidity must be maintained at a level that ensures the health and well-being of the dogs or cats housed therein, in accordance with the directions of the attending veterinarian and generally accepted professional and husbandry practices. (c) Lighting. Indoor housing facilities for dogs and cats must be lighted well enough to permit routine inspection and cleaning of the facility, and observation of t… | |||
| 9:9:1.0.1.1.3.1.22.3 | 9 | Animals and Animal Products | I | A | 3 | PART 3—STANDARDS | A | Subpart A—Specifications for the Humane Handling, Care, Treatment, and Transportation of Dogs and Cats | § 3.3 Sheltered housing facilities. | APHIS | [56 FR 6486, Feb. 15, 1991, as amended at 63 FR 10498, Mar. 4, 1998] | (a) Heating, cooling, and temperature. The sheltered part of sheltered housing facilities for dogs and cats must be sufficiently heated and cooled when necessary to protect the dogs and cats from temperature or humidity extremes and to provide for their health and well-being. The ambient temperature in the sheltered part of the facility must not fall below 50 °F (10 °C) for dogs and cats not acclimated to lower temperatures, for those breeds that cannot tolerate lower temperatures without stress and discomfort (such as short-haired breeds), and for sick, aged, young, or infirm dogs or cats, except as approved by the attending veterinarian. Dry bedding, solid resting boards, or other methods of conserving body heat must be provided when temperatures are below 50 °F (10 °C). The ambient temperature must not fall below 45 °F (7.2 °C) for more than 4 consecutive hours when dogs or cats are present, and must not rise above 85 °F (29.5 °C) for more than 4 consecutive hours when dogs or cats are present. The preceding requirements are in addition to, not in place of, all other requirements pertaining to climatic conditions in parts 2 and 3 of this chapter. (b) Ventilation. The enclosed or sheltered part of sheltered housing facilities for dogs and cats must be sufficiently ventilated when dogs or cats are present to provide for their health and well-being, and to minimize odors, drafts, ammonia levels, and moisture condensation. Ventilation must be provided by windows, doors, vents, fans, or air conditioning. Auxiliary ventilation, such as fans, blowers, or air-conditioning, must be provided when the ambient temperature is 85 °F (29.5 °C) or higher. (c) Lighting. Sheltered housing facilities for dogs and cats must be lighted well enough to permit routine inspection and cleaning of the facility, and observation of the dogs and cats. Animal areas must be provided a regular diurnal lighting cycle of either natural or artificial light. Lighting must be uniformly diffused throughout animal facilities and provide suff… | |||
| 9:9:1.0.1.1.3.1.22.4 | 9 | Animals and Animal Products | I | A | 3 | PART 3—STANDARDS | A | Subpart A—Specifications for the Humane Handling, Care, Treatment, and Transportation of Dogs and Cats | § 3.4 Outdoor housing facilities. | APHIS | (a) Restrictions. (1) The following categories of dogs or cats must not be kept in outdoor facilities, unless that practice is specifically approved by the attending veterinarian: (i) Dogs or cats that are not acclimated to the temperatures prevalent in the area or region where they are maintained; (ii) Breeds of dogs or cats that cannot tolerate the prevalent temperatures of the area without stress or discomfort (such as short-haired breeds in cold climates); and (iii) Sick, infirm, aged or young dogs or cats. (2) When their acclimation status is unknown, dogs and cats must not be kept in outdoor facilities when the ambient temperature is less than 50 °F (10 °C). (b) Shelter from the elements. Outdoor facilities for dogs or cats must include one or more shelter structures that are accessible to each animal in each outdoor facility, and that are large enough to allow each animal in the shelter structure to sit, stand, and lie in a normal manner, and to turn about freely. In addition to the shelter structures, one or more separate outside areas of shade must be provided, large enough to contain all the animals at one time and protect them from the direct rays of the sun. Shelters in outdoor facilities for dogs or cats must contain a roof, four sides, and a floor, and must: (1) Provide the dogs and cats with adequate protection and shelter from the cold and heat; (2) Provide the dogs and cats with protection from the direct rays of the sun and the direct effect of wind, rain, or snow; (3) Be provided with a wind break and rain break at the entrance; and (4) Contain clean, dry, bedding material if the ambient temperature is below 50 °F (10 °C). Additional clean, dry bedding is required when the temperature is 35 °F (1.7 °C) or lower. (c) Construction. Building surfaces in contact with animals in outdoor housing facilities must be impervious to moisture. Metal barrels, cars, refrigerators or freezers, and the like must not be used as shelter structures. The floors of outdoor housing facilities may be … | ||||
| 9:9:1.0.1.1.3.1.22.5 | 9 | Animals and Animal Products | I | A | 3 | PART 3—STANDARDS | A | Subpart A—Specifications for the Humane Handling, Care, Treatment, and Transportation of Dogs and Cats | § 3.5 Mobile or traveling housing facilities. | APHIS | [32 FR 3273, Feb. 24, 1967, as amended at 63 FR 10498, Mar. 4, 1998] | (a) Heating, cooling, and temperature. Mobile or traveling housing facilities for dogs and cats must be sufficiently heated and cooled when necessary to protect the dogs and cats from temperature or humidity extremes and to provide for their health and well-being. The ambient temperature in the mobile or traveling housing facility must not fall below 50 °F (10 °C) for dogs and cats not acclimated to lower temperatures, for those breeds that cannot tolerate lower temperatures without stress or discomfort (such as short-haired breeds), and for sick, aged, young, or infirm dogs and cats. Dry bedding, solid resting boards, or other methods of conserving body heat must be provided when temperatures are below 50 °F (10 °C). The ambient temperature must not fall below 45 °F (7.2 °C) for more than 4 consecutive hours when dogs or cats are present, and must not exceed 85 °F (29.5 °C) for more than 4 consecutive hours when dogs or cats are present. The preceding requirements are in addition to, not in place of, all other requirements pertaining to climatic conditions in parts 2 and 3 of this chapter. (b) Ventilation. Mobile or traveling housing facilities for dogs and cats must be sufficiently ventilated at all times when dogs or cats are present to provide for the health and well-being of the animals, and to minimize odors, drafts, ammonia levels, moisture condensation, and exhaust fumes. Ventilation must be provided by means of windows, doors, vents, fans, or air conditioning. Auxiliary ventilation, such as fans, blowers, or air conditioning, must be provided when the ambient temperature within the animal housing area is 85 °F (29.5 °C) or higher. (c) Lighting. Mobile or traveling housing facilities for dogs and cats must be lighted well enough to permit proper cleaning and inspection of the facility, and observation of the dogs and cats. Animal areas must be provided a regular diurnal lighting cycle of either natural or artificial light. Lighting must be uniformly diffused throughout animal facilities and provid… | |||
| 9:9:1.0.1.1.3.1.22.6 | 9 | Animals and Animal Products | I | A | 3 | PART 3—STANDARDS | A | Subpart A—Specifications for the Humane Handling, Care, Treatment, and Transportation of Dogs and Cats | § 3.6 Primary enclosures. | APHIS | [56 FR 6486, Feb. 15, 1991, as amended at 62 FR 43275, Aug. 13, 1997; 63 FR 3023, Jan. 21, 1998; 63 FR 37482, July 13, 1998; 83 FR 25555, June 4, 2018; 85 FR 28798, May 13, 2020] | Primary enclosures for dogs and cats must meet the following minimum requirements: (a) General requirements. (1) Primary enclosures must be designed and constructed of suitable materials so that they are structurally sound. The primary enclosures must be kept in good repair. (2) Primary enclosures must be constructed and maintained so that they: (i) Have no sharp points or edges that could injure the dogs and cats; (ii) Protect the dogs and cats from injury; (iii) Contain the dogs and cats securely; (iv) Keep other animals from entering the enclosure; (v) Enable the dogs and cats to remain dry and clean; (vi) Provide shelter and protection from extreme temperatures and weather conditions that may be uncomfortable or hazardous to all the dogs and cats; (vii) Provide sufficient shade to shelter all the dogs and cats housed in the primary enclosure at one time; (viii) Provide all the dogs and cats with easy and convenient access to clean food and water; (ix) Enable all surfaces in contact with the dogs and cats to be readily cleaned and sanitized in accordance with § 3.11(b) of this subpart, or be replaceable when worn or soiled; (x) Have floors that are constructed in a manner that protects the dogs' and cats' feet and legs from injury, and that, if of mesh or slatted construction, do not allow the dogs' and cats' feet to pass through any openings in the floor; (xi) Provide sufficient space to allow each dog and cat to turn about freely, to stand, sit, and lie in a comfortable, normal position, and to walk in a normal manner; and (xii) If the suspended floor of a primary enclosure is constructed of metal strands, the strands must either be greater than 1/8 of an inch in diameter (9 gauge) or coated with a material such as plastic or fiberglass. The suspended floor of any primary enclosure must be strong enough so that the floor does not sag or bend between the structural supports. (b) Additional requirements for cats —(1) Space. Each cat, including weaned kittens, that is housed in any primar… | |||
| 9:9:1.0.1.1.3.1.23.10 | 9 | Animals and Animal Products | I | A | 3 | PART 3—STANDARDS | A | Subpart A—Specifications for the Humane Handling, Care, Treatment, and Transportation of Dogs and Cats | § 3.10 Watering. | APHIS | [85 FR 28798, May 13, 2020] | (a) Potable water must be continuously available to the dogs, unless restricted by the attending veterinarian or except as provided in § 3.17(a). (b) If potable water is not continuously available to the cats, it must be offered to the cats as often as necessary to ensure their health and well-being, but not less than twice daily for at least 1 hour each time, unless restricted by the attending veterinarian. (c) Water receptacles must be kept clean and sanitized in accordance with § 3.11(b) and before being used to water a different dog or cat or a different social grouping of dogs or cats. | |||
| 9:9:1.0.1.1.3.1.23.11 | 9 | Animals and Animal Products | I | A | 3 | PART 3—STANDARDS | A | Subpart A—Specifications for the Humane Handling, Care, Treatment, and Transportation of Dogs and Cats | § 3.11 Cleaning, sanitization, housekeeping, and pest control. | APHIS | [56 FR 6486, Feb. 15, 1991, as amended at 63 FR 3023, Jan. 21, 1998] | (a) Cleaning of primary enclosures. Excreta and food waste must be removed from primary enclosures daily, and from under primary enclosures as often as necessary to prevent an excessive accumulation of feces and food waste, to prevent soiling of the dogs or cats contained in the primary enclosures, and to reduce disease hazards, insects, pests and odors. When steam or water is used to clean the primary enclosure, whether by hosing, flushing, or other methods, dogs and cats must be removed, unless the enclosure is large enough to ensure the animals would not be harmed, wetted, or distressed in the process. Standing water must be removed from the primary enclosure and animals in other primary enclosures must be protected from being contaminated with water and other wastes during the cleaning. The pans under primary enclosures with grill-type floors and the ground areas under raised runs with mesh or slatted floors must be cleaned as often as necessary to prevent accumulation of feces and food waste and to reduce disease hazards pests, insects and odors. (b) Sanitization of primary enclosures and food and water receptacles. (1) Used primary enclosures and food and water receptacles must be cleaned and sanitized in accordance with this section before they can be used to house, feed, or water another dog or cat, or social grouping of dogs or cats. (2) Used primary enclosures and food and water receptacles for dogs and cats must be sanitized at least once every 2 weeks using one of the methods prescribed in paragraph (b)(3) of this section, and more often if necessary to prevent an accumulation of dirt, debris, food waste, excreta, and other disease hazards. (3) Hard surfaces of primary enclosures and food and water receptacles must be sanitized using one of the following methods: (i) Live steam under pressure; (ii) Washing with hot water (at least 180 °F (82.2 °C)) and soap or detergent, as with a mechanical cage washer; or (iii) Washing all soiled surfaces with appropriate detergent solutions and disinfecta… | |||
| 9:9:1.0.1.1.3.1.23.12 | 9 | Animals and Animal Products | I | A | 3 | PART 3—STANDARDS | A | Subpart A—Specifications for the Humane Handling, Care, Treatment, and Transportation of Dogs and Cats | § 3.12 Employees. | APHIS | Each person subject to the Animal Welfare regulations (9 CFR parts 1, 2, and 3) maintaining dogs and cats must have enough employees to carry out the level of husbandry practices and care required in this subpart. The employees who provide for husbandry and care, or handle animals, must be supervised by an individual who has the knowledge, background, and experience in proper husbandry and care of dogs and cats to supervise others. The employer must be certain that the supervisor and other employees can perform to these standards. | ||||
| 9:9:1.0.1.1.3.1.23.13 | 9 | Animals and Animal Products | I | A | 3 | PART 3—STANDARDS | A | Subpart A—Specifications for the Humane Handling, Care, Treatment, and Transportation of Dogs and Cats | § 3.13 Veterinary care for dogs. | APHIS | [85 FR 28798, May 13, 2020] | (a) Each dealer, exhibitor, and research facility must follow an appropriate program of veterinary care for dogs that is developed, documented in writing, and signed by the attending veterinarian. Dealers, exhibitors, and research facilities must keep and maintain the written program and make it available for APHIS inspection. The written program of veterinary care must address the requirements for adequate veterinary care for every dealer and exhibitor in § 2.40 of this subchapter and every research facility in § 2.33 of this subchapter, and must also include: (1) Regularly scheduled visits, not less than once every 12 months, by the attending veterinarian to all premises where animals are kept, to assess and ensure the adequacy of veterinary care and other aspects of animal care and use; (2) A complete physical examination from head to tail of each dog by the attending veterinarian not less than once every 12 months; (3) Vaccinations for contagious and/or deadly diseases of dogs (including rabies, parvovirus and distemper) and sampling and treatment of parasites and other pests (including fleas, worms, coccidia, giardia, and heartworm) in accordance with a schedule approved by the attending veterinarian, unless otherwise required by a research protocol approved by the Committee at research facilities; and (4) Preventative care and treatment to ensure healthy and unmatted hair coats, properly trimmed nails, and clean and healthy eyes, ears, skin, and teeth, unless otherwise required by a research protocol approved by the Committee at research facilities. (b) Dealers, exhibitors, and research facilities must keep copies of medical records for dogs and make the records available for APHIS inspection. These records must include: (1) The identity of the animal, including identifying marks, tattoos, or tags on the animal and the animal's breed, sex, and age; Provided, however, that routine husbandry, such as vaccinations, preventive medical procedures, or treatments, performed on all animals in a group (or he… | |||
| 9:9:1.0.1.1.3.1.23.7 | 9 | Animals and Animal Products | I | A | 3 | PART 3—STANDARDS | A | Subpart A—Specifications for the Humane Handling, Care, Treatment, and Transportation of Dogs and Cats | § 3.7 Compatible grouping. | APHIS | Dogs and cats that are housed in the same primary enclosure must be compatible, with the following restrictions: (a) Females in heat (estrus) may not be housed in the same primary enclosure with males, except for breeding purposes; (b) Any dog or cat exhibiting a vicious or overly aggressive disposition must be housed separately; (c) Puppies or kittens 4 months of age or less may not be housed in the same primary enclosure with adult dogs or cats other than their dams or foster dams, except when permanently maintained in breeding colonies; (d) Dogs or cats may not be housed in the same primary enclosure with any other species of animals, unless they are compatible; and (e) Dogs and cats that have or are suspected of having a contagious disease must be isolated from healthy animals in the colony, as directed by the attending veterinarian. When an entire group or room of dogs and cats is known to have or believed to be exposed to an infectious agent, the group may be kept intact during the process of diagnosis, treatment, and control. | ||||
| 9:9:1.0.1.1.3.1.23.8 | 9 | Animals and Animal Products | I | A | 3 | PART 3—STANDARDS | A | Subpart A—Specifications for the Humane Handling, Care, Treatment, and Transportation of Dogs and Cats | § 3.8 Exercise for dogs. | APHIS | Dealers, exhibitors, and research facilities must develop, document, and follow an appropriate plan to provide dogs with the opportunity for exercise. In addition, the plan must be approved by the attending veterinarian. The plan must include written standard procedures to be followed in providing the opportunity for exercise. The plan must be made available to APHIS upon request, and, in the case of research facilities, to officials of any pertinent funding Federal agency. The plan, at a minimum, must comply with each of the following: (a) Dogs housed individually. Dogs over 12 weeks of age, except bitches with litters, housed, held, or maintained by any dealer, exhibitor, or research facility, including Federal research facilities, must be provided the opportunity for exercise regularly if they are kept individually in cages, pens, or runs that provide less than two times the required floor space for that dog, as indicated by § 3.6(c)(1) of this subpart. (b) Dogs housed in groups. Dogs over 12 weeks of age housed, held, or maintained in groups by any dealer, exhibitor, or research facility, including Federal research facilities, do not require additional opportunity for exercise regularly if they are maintained in cages, pens, or runs that provide in total at least 100 percent of the required space for each dog if maintained separately. Such animals may be maintained in compatible groups, unless: (1) Housing in compatible groups is not in accordance with a research proposal and the proposal has been approved by the research facility Committee; (2) In the opinion of the attending veterinarian, such housing would adversely affect the health or well-being of the dog(s); or (3) Any dog exhibits aggressive or vicious behavior. (c) Methods and period of providing exercise opportunity. (1) The frequency, method, and duration of the opportunity for exercise shall be determined by the attending veterinarian and, at research facilities, in consultation with and approval by the Committee. (2) Dealers, exhibit… | ||||
| 9:9:1.0.1.1.3.1.23.9 | 9 | Animals and Animal Products | I | A | 3 | PART 3—STANDARDS | A | Subpart A—Specifications for the Humane Handling, Care, Treatment, and Transportation of Dogs and Cats | § 3.9 Feeding. | APHIS | (a) Dogs and cats must be fed at least once each day, except as otherwise might be required to provide adequate veterinary care. The food must be uncontaminated, wholesome, palatable, and of sufficient quantity and nutritive value to maintain the normal condition and weight of the animal. The diet must be appropriate for the individual animal's age and condition. (b) Food receptacles must be used for dogs and cats, must be readily accessible to all dogs and cats, and must be located so as to minimize contamination by excreta and pests, and be protected from rain and snow. Feeding pans must either be made of a durable material that can be easily cleaned and sanitized or be disposable. If the food receptacles are not disposable, they must be kept clean and must be sanitized in accordance with § 3.11(b) of this subpart. Sanitization is achieved by using one of the methods described in § 3.11(b)(3) of this subpart. If the food receptacles are disposable, they must be discarded after one use. Self-feeders may be used for the feeding of dry food. If self-feeders are used, they must be kept clean and must be sanitized in accordance with § 3.11(b) of this subpart. Measures must be taken to ensure that there is no molding, deterioration, and caking of feed. | ||||
| 9:9:1.0.1.1.3.1.24.14 | 9 | Animals and Animal Products | I | A | 3 | PART 3—STANDARDS | A | Subpart A—Specifications for the Humane Handling, Care, Treatment, and Transportation of Dogs and Cats | § 3.14 Consignments to carriers and intermediate handlers. | APHIS | [56 FR 6486, Feb. 15, 1991. Redesignated and amended at 85 FR 28798, 28799, May 13, 2020] | (a) Carriers and intermediate handlers must not accept a dog or cat for transport in commerce more than 4 hours before the scheduled departure time of the primary conveyance on which the animal is to be transported. However, a carrier or intermediate handler may agree with anyone consigning a dog or cat to extend this time by up to 2 hours. (b) Carriers and intermediate handlers must not accept a dog or cat for transport in commerce unless they are provided with the name, address, and telephone number of the consignee. (c) Carriers and intermediate handlers must not accept a dog or cat for transport in commerce unless the consignor certifies in writing to the carrier or intermediate handler that the dog or cat was offered food and water during the 4 hours before delivery to the carrier or intermediate handler. The certification must be securely attached to the outside of the primary enclosure in a manner that makes it easily noticed and read. Instructions for no food or water are not acceptable unless directed by the attending veterinarian. Instructions must be in compliance with § 3.17. The certification must include the following information for each dog and cat: (1) The consignor's name and address; (2) The tag number or tattoo assigned to each dog or cat under §§ 2.38 and 2.50 of this chapter; (3) The time and date the animal was last fed and watered and the specific instructions for the next feeding(s) and watering(s) for a 24-hour period; and (4) The consignor's signature and the date and time the certification was signed. (d) Carriers and intermediate handlers must not accept a dog or cat for transport in commerce in a primary enclosure unless the primary enclosure meets the requirements of § 3.15. A carrier or intermediate handler must not accept a dog or cat for transport if the primary enclosure is obviously defective or damaged and cannot reasonably be expected to safely and comfortably contain the dog or cat without causing suffering or injury. (e) Carriers and intermediate handlers must not a… | |||
| 9:9:1.0.1.1.3.1.24.15 | 9 | Animals and Animal Products | I | A | 3 | PART 3—STANDARDS | A | Subpart A—Specifications for the Humane Handling, Care, Treatment, and Transportation of Dogs and Cats | § 3.15 Primary enclosures used to transport live dogs and cats. | APHIS | [56 FR 6486, Feb. 15, 1991, as amended at 63 FR 3023, Jan. 21, 1998. Redesignated and amended at 85 FR 28798, 28799, May 13, 2020] | Any person subject to the Animal Welfare regulations (9 CFR parts 1, 2, and 3) must not transport or deliver for transport in commerce a dog or cat unless the following requirements are met: (a) Construction of primary enclosures. The dog or cat must be contained in a primary enclosure such as a compartment, transport cage, carton, or crate. Primary enclosures used to transport dogs and cats must be constructed so that: (1) The primary enclosure is strong enough to contain the dogs and cats securely and comfortably and to withstand the normal rigors of transportation; (2) The interior of the primary enclosure has no sharp points or edges and no protrusions that could injure the animal contained in it; (3) The dog or cat is at all times securely contained within the enclosure and cannot put any part of its body outside the enclosure in a way that could result in injury to itself, to handlers, or to persons or animals nearby; (4) The dog or cat can be easily and quickly removed from the enclosure in an emergency; (5) Unless the enclosure is permanently affixed to the conveyance, adequate devices such as handles or handholds are provided on its exterior, and enable the enclosure to be lifted without tilting it, and ensure that anyone handling the enclosure will not come into physical contact with the animal contained inside; (6) Unless the enclosure is permanently affixed to the conveyance, it is clearly marked on top and on one or more sides with the words “Live Animals,” in letters at least 1 inch (2.5 cm.) high, and with arrows or other markings to indicate the correct upright position of the primary enclosure; (7) Any material, treatment, paint, preservative, or other chemical used in or on the enclosure is nontoxic to the animal and not harmful to the health or well-being of the animal; (8) Proper ventilation is provided to the animal in accordance with paragraph (c) of this section; and (9) The primary enclosure has a solid, leak-proof bottom or a removable, leak-proof collection tray under a slatt… | |||
| 9:9:1.0.1.1.3.1.24.16 | 9 | Animals and Animal Products | I | A | 3 | PART 3—STANDARDS | A | Subpart A—Specifications for the Humane Handling, Care, Treatment, and Transportation of Dogs and Cats | § 3.16 Primary conveyances (motor vehicle, rail, air, and marine). | APHIS | [56 FR 6486, Feb. 15, 1991, as amended at 63 FR 10498, 10499, Mar. 4, 1998. Redesignated at 85 FR 28798, May 13, 2020] | (a) The animal cargo space of primary conveyances used to transport dogs and cats must be designed, constructed, and maintained in a manner that at all times protects the health and well-being of the animals transported in them, ensures their safety and comfort, and prevents the entry of engine exhaust from the primary conveyance during transportation. (b) The animal cargo space must have a supply of air that is sufficient for the normal breathing of all the animals being transported in it. (c) Each primary enclosure containing dogs or cats must be positioned in the animal cargo space in a manner that provides protection from the elements and that allows each dog or cat enough air for normal breathing. (d) During air transportation, dogs and cats must be held in cargo areas that are heated or cooled as necessary to maintain an ambient temperature and humidity that ensures the health and well-being of the dogs or cats. The cargo areas must be pressurized when the primary conveyance used for air transportation is not on the ground, unless flying under 8,000 ft. Dogs and cats must have adequate air for breathing at all times when being transported. (e) During surface transportation, auxiliary ventilation, such as fans, blowers or air conditioning, must be used in any animal cargo space containing live dogs or cats when the ambient temperature within the animal cargo space reaches 85 °F (29.5 °C). Moreover, the ambient temperature may not exceed 85 °F (29.5 °C) for a period of more than 4 hours; nor fall below 45 °F (7.2 °C) for a period of more than 4 hours. The preceding requirements are in addition to, not in place of, all other requirements pertaining to climatic conditions in parts 2 and 3 of this chapter. (f) Primary enclosures must be positioned in the primary conveyance in a manner that allows the dogs and cats to be quickly and easily removed from the primary conveyance in an emergency. (g) The interior of the animal cargo space must be kept clean. (h) Live dogs and cats may not be transported with an… | |||
| 9:9:1.0.1.1.3.1.24.17 | 9 | Animals and Animal Products | I | A | 3 | PART 3—STANDARDS | A | Subpart A—Specifications for the Humane Handling, Care, Treatment, and Transportation of Dogs and Cats | § 3.17 Food and water requirements. | APHIS | [56 FR 6486, Feb. 15, 1991. Redesignated and amended at 85 FR 28798, 28799, May 13, 2020] | (a) Each dog and cat that is 16 weeks of age or more must be offered food at least once every 24 hours. Puppies and kittens less than 16 weeks of age must be offered food at least once every 12 hours. Each dog and cat must be offered potable water at least once every 12 hours. These time periods apply to dealers, exhibitors, research facilities. including Federal research facilities, who transport dogs and cats in their own primary conveyance, starting from the time the dog or cat was last offered food and potable water before transportation was begun. These time periods apply to carriers and intermediate handlers starting from the date and time stated on the certificate provided under § 3.14(c). Each dog and cat must be offered food and potable water within 4 hours before being transported in commerce. Consignors who are subject to the Animal Welfare regulations (9 CFR parts 1, 2, and 3) must certify that each dog and cat was offered food and potable water within the 4 hours preceding delivery of the dog or cat to a carrier or intermediate handler for transportation in commerce, and must certify the date and time the food and potable water was offered, in accordance with § 3.14(c). (b) Any dealer, research facility, including a Federal research facility, or exhibitor offering any dog or cat to a carrier or intermediate handler for transportation in commerce must securely attach to the outside of the primary enclosure used for transporting the dog or cat, written instructions for the in-transit food and water requirements for a 24-hour period for the dogs and cats contained in the enclosure. The instructions must be attached in a manner that makes them easily noticed and read. (c) Food and water receptacles must be securely attached inside the primary enclosure and placed so that the receptacles can be filled from outside the enclosure without opening the door. Food and water containers must be designed, constructed, and installed so that a dog or cat cannot leave the primary enclosure through the food or water… | |||
| 9:9:1.0.1.1.3.1.24.18 | 9 | Animals and Animal Products | I | A | 3 | PART 3—STANDARDS | A | Subpart A—Specifications for the Humane Handling, Care, Treatment, and Transportation of Dogs and Cats | § 3.18 Care in transit. | APHIS | [56 FR 6486, Feb. 15, 1991. Redesignated and amended at 85 FR 28798, 28799, May 13, 2020] | (a) Surface transportation (ground and water). Any person subject to the Animal Welfare regulations transporting dogs or cats in commerce must ensure that the operator of the conveyance, or a person accompanying the operator, observes the dogs or cats as often as circumstances allow, but not less than once every 4 hours, to make sure they have sufficient air for normal breathing, that the ambient temperature is within the limits provided in § 3.16(e), and that all applicable standards of this subpart are being complied with. The regulated person must ensure that the operator or person accompanying the operator determines whether any of the dogs or cats are in obvious physical distress and obtains any veterinary care needed for the dogs or cats at the closest available veterinary facility. (b) Air transportation. During air transportation of dogs or cats, it is the responsibility of the carrier to observe the dogs or cats as frequently as circumstances allow, but not less than once every 4 hours if the animal cargo area is accessible during flight. If the animal cargo area is not accessible during flight, the carrier must observe the dogs or cats whenever they are loaded and unloaded and whenever the animal cargo space is otherwise accessible to make sure they have sufficient air for normal breathing, that the animal cargo area meets the heating and cooling requirements of § 3.16(d), and that all other applicable standards of this subpart are being complied with. The carrier must determine whether any of the dogs or cats are in obvious physical distress, and arrange for any needed veterinary care as soon as possible. (c) If a dog or cat is obviously ill, injured, or in physical distress, it must not be transported in commerce, except to receive veterinary care for the condition. (d) Removal during transportation in commerce prohibited. Except during the cleaning of primary enclosures, as required in § 3.15(b), during transportation in commerce a dog or cat must not be removed from its primary enclosure, u… | |||
| 9:9:1.0.1.1.3.1.24.19 | 9 | Animals and Animal Products | I | A | 3 | PART 3—STANDARDS | A | Subpart A—Specifications for the Humane Handling, Care, Treatment, and Transportation of Dogs and Cats | § 3.19 Terminal facilities. | APHIS | [56 FR 6486, Feb. 15, 1991, as amended at 63 FR 10499, Mar. 4, 1998. Redesignated and amended at 85 FR 28798, 28799, May 13, 2020] | (a) Placement. Any person subject to the Animal Welfare regulations (9 CFR parts 1, 2, and 3) must not commingle shipments of dogs or cats with inanimate cargo in animal holding areas of terminal facilities. (b) Cleaning, sanitization, and pest control. All animal holding areas of terminal facilities must be cleaned and sanitized in a manner prescribed in § 3.11(b)(3) of this subpart, as often as necessary to prevent an accumulation of debris or excreta and to minimize vermin infestation and disease hazards. Terminal facilities must follow an effective program in all animal holding areas for the control of insects, ectoparasites, and birds and mammals that are pests to dogs and cats. (c) Ventilation. Ventilation must be provided in any animal holding area in a terminal facility containing dogs or cats, by means of windows, doors, vents, or air conditioning. The air must be circulated by fans, blowers, or air conditioning so as to minimize drafts, odors, and moisture condensation. Auxiliary ventilation, such as exhaust fans, vents, fans, blowers, or air conditioning must be used in any animal holding area containing dogs and cats, when the ambient temperature is 85 °F (29.5 °C) or higher (d) Temperature. The ambient temperature in an animal holding area containing dogs or cats must not fall below 45 °F (7.2 °C) or rise above 85 °F (29.5 °C) for more than four consecutive hours at any time dogs or cats are present. The ambient temperature must be measured in the animal holding area by the carrier, intermediate handler, or a person transporting dogs or cats who is subject to the Animal Welfare regulations (9 CFR parts 1, 2, and 3), outside any primary enclosure containing a dog or cat at a point not more than 3 feet (0.91 m) away from an outside wall of the primary enclosure, and approximately midway up the side of the enclosure. The preceding requirements are in addition to, not in place of, all other requirements pertaining to climatic conditions in parts 2 and 3 of this chapter. (e) Shelter. Any per… | |||
| 9:9:1.0.1.1.3.1.24.20 | 9 | Animals and Animal Products | I | A | 3 | PART 3—STANDARDS | A | Subpart A—Specifications for the Humane Handling, Care, Treatment, and Transportation of Dogs and Cats | § 3.20 Handling. | APHIS | [56 FR 6486, Feb. 15, 1991, as amended at 63 FR 10499, Mar. 4, 1998. Redesignated and amended at 85 FR 28798, 28799, May 13, 2020] | (a) Any person subject to the Animal Welfare regulations (9 CFR parts 1, 2, and 3) who moves (including loading and unloading) dogs or cats within, to, or from the animal holding area of a terminal facility or a primary conveyance must do so as quickly and efficiently as possible and must provide the following during movement of the dog or cat: (1) Shelter from sunlight and extreme heat. Sufficient shade must be provided to protect the dog or cat from the direct rays of the sun. The dog or cat must not be exposed to an ambient air temperature above 85 °F (29.5 °C) for a period of more than 45 minutes while being moved to or from a primary conveyance or a terminal facility. The temperature must be measured in the manner provided in § 3.19(d). The preceding requirements are in addition to, not in place of, all other requirements pertaining to climatic conditions in parts 2 and 3 of this chapter. (2) Shelter from rain and snow. Sufficient protection must be provided to allow the dogs and cats to remain dry during rain, snow, and other precipitation. (3) Shelter from cold temperatures. Transporting devices on which live dogs or cats are placed to move them must be covered to protect the animals when the outdoor temperature falls below 50 °F (10 °C). The dogs or cats must not be exposed to an ambient temperature below 45 °F (7.2 °C) for a period of more than 45 minutes, unless they are accompanied by a certificate of acclimation to lower temperatures as provided in § 3.14(e). The temperature must be measured in the manner provided in § 3.19(d). The preceding requirements are in addition to, not in place of, all other requirements pertaining to climatic conditions in parts 2 and 3 of this chapter. (b) Any person handling a primary enclosure containing a dog or cat must use care and must avoid causing physical harm or distress to the dog or cat. (1) A primary enclosure containing a live dog or cat must not be placed on unattended conveyor belts, or on elevated conveyor belts, such as baggage claim conveyor belt… | |||
| 9:9:1.0.1.1.3.2.25.1 | 9 | Animals and Animal Products | I | A | 3 | PART 3—STANDARDS | B | Subpart B—Specifications for the Humane Handling, Care, Treatment, and Transportation of Guinea Pigs and Hamsters | § 3.25 Facilities, general. | APHIS | [32 FR 3273, Feb. 24, 1967, as amended at 44 FR 63492, Nov. 2, 1979] | (a) Structural strength. Indoor and outdoor housing facilities for guinea pigs or hamsters shall be structurally sound and shall be maintained in good repair, to protect the animals from injury, to contain the animals, and to restrict the entrance of other animals. (b) Water and electric power. Reliable and adequate electric power, if required to comply with other provisions of this subpart, and adequate potable water shall be available. (c) Storage. Supplies of food and bedding shall be stored in facilities which adequately protect such supplies against spoilage or deterioration and infestation or contamination by vermin. Food supplies shall be stored in containers with tightly fitting lids or covers or in the original containers as received from the commercial sources of supply. Refrigeration shall be provided for supplies of perishable food. (d) Waste disposal. Provisions shall be made for the removal and disposal of animal and food wastes, bedding, dead animals, and debris. Disposal facilities shall be so provided and operated as to minimize vermin infestation, odors, and disease hazards. (e) Washroom and sinks. Facilities, such as washrooms, basins, or sinks, shall be provided to maintain cleanliness among animal caretakers. | |||
| 9:9:1.0.1.1.3.2.25.2 | 9 | Animals and Animal Products | I | A | 3 | PART 3—STANDARDS | B | Subpart B—Specifications for the Humane Handling, Care, Treatment, and Transportation of Guinea Pigs and Hamsters | § 3.26 Facilities, indoor. | APHIS | (a) Heating. Indoor housing facilities for guinea pigs or hamsters shall be sufficiently heated when necessary to protect the animals from the cold, and to provide for their health and comfort. The ambient temperature shall not be allowed to fall below 60 °F. nor to exceed 85 °F. (b) Ventilation. Indoor housing facilities for guinea pigs or hamsters shall be adequately ventilated to provide for the health and comfort of the animals at all times. Such facilities shall be provided with fresh air either by means of windows, doors, vents, or air conditioning, and shall be ventilated so as to minimize drafts, odors, and moisture condensation. The ambient temperature shall not be allowed to rise above 85 °F. (c) Lighting. Indoor housing facilities for guinea pigs or hamsters shall have ample light, by natural or artificial means, or both, of good quality and well distributed. Such lighting shall provide uniformly distributed illumination of sufficient light intensity to permit routine inspection and cleaning during the entire working period. Primary enclosures shall be so placed as to protect the guinea pigs or hamsters from excessive illumination. (d) Interior surfaces. The interior building surfaces of indoor housing facilities shall be constructed and maintained so that they are substantially impervious to moisture and may be readily sanitized. | ||||
| 9:9:1.0.1.1.3.2.25.3 | 9 | Animals and Animal Products | I | A | 3 | PART 3—STANDARDS | B | Subpart B—Specifications for the Humane Handling, Care, Treatment, and Transportation of Guinea Pigs and Hamsters | § 3.27 Facilities, outdoor. | APHIS | (a) Hamsters shall not be housed in outdoor facilities. (b) Guinea pigs shall not be housed in outdoor facilities unless such facilities are located in an appropriate climate and prior approval for such outdoor housing is obtained from the Deputy Administrator. | ||||
| 9:9:1.0.1.1.3.2.25.4 | 9 | Animals and Animal Products | I | A | 3 | PART 3—STANDARDS | B | Subpart B—Specifications for the Humane Handling, Care, Treatment, and Transportation of Guinea Pigs and Hamsters | § 3.28 Primary enclosures. | APHIS | [32 FR 3273, Feb. 24, 1967, as amended at 55 FR 28882, July 16, 1990] | All primary enclosures for guinea pigs and hamsters shall conform to the following requirements: (a) General. (1) Primary enclosures shall be structurally sound and maintained in good repair to protect the guinea pigs and hamsters from injury. Such enclosures, including their racks, shelving and other accessories, shall be constructed of smooth material substantially impervious to liquids and moisture. (2) Primary enclosures shall be constructed and maintained so that the guinea pigs or hamsters contained therein have convenient access to clean food and water as required in this subpart. (3) Primary enclosures having a solid floor shall be provided with clean bedding material. (4) Primary enclosures equipped with mesh or wire floors shall be so constructed as to allow feces to pass through the spaces of the mesh or wire: Provided, however, That such floors shall be constructed so as to protect the animals' feet and legs from injury. (b) Space requirements for primary enclosures acquired before August 15, 1990 —(1) Guinea pigs and hamsters. Primary enclosures shall be constructed and maintained so as to provide sufficient space for each animal contained therein to make normal postural adjustments with adequate freedom of movement. (2) Guinea pigs. In addition to the provisions of paragraph (b)(1) of this section, the following space requirements are applicable to primary enclosures for guinea pigs: (i) The interior height of any primary enclosure used to confine guinea pigs shall be at least 6 1/2 inches. (ii) Each guinea pig housed in a primary enclosure shall be provided a minimum amount of floor space in accordance with the following table: (3) Hamsters. In addition to the provisions of paragraph (b)(1) of this section, the following space requirements are applicable to primary enclosures for hamsters: (i) The interior height of any primary enclosure used to confine hamsters shall be at least 5 1/2 inches, except that in the case of dwarf hamsters, such interior height shall be at least… | |||
| 9:9:1.0.1.1.3.2.26.10 | 9 | Animals and Animal Products | I | A | 3 | PART 3—STANDARDS | B | Subpart B—Specifications for the Humane Handling, Care, Treatment, and Transportation of Guinea Pigs and Hamsters | § 3.34 [Reserved] | APHIS | |||||
| 9:9:1.0.1.1.3.2.26.5 | 9 | Animals and Animal Products | I | A | 3 | PART 3—STANDARDS | B | Subpart B—Specifications for the Humane Handling, Care, Treatment, and Transportation of Guinea Pigs and Hamsters | § 3.29 Feeding. | APHIS | (a) Guinea pigs and hamsters shall be fed each day except as otherwise might be required to provide adequate veterinary care. The food shall be free from contamination, wholesome, palatable and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the guinea pig or hamster. (b) Food comprising the basic diet shall be at least equivalent in quality and content to pelleted rations produced commercially and commonly available from feed suppliers. (c) The basic diet of guinea pigs and hamsters may be supplemented with good quality fruits or vegetables consistent with their individual dietary requirements. (d) Food receptacles, if used, shall be accessible to all guinea pigs or hamsters in a primary enclosure and shall be located so as to minimize contamination by excreta. All food receptacles shall be kept clean and shall be sanitized at least once every 2 weeks. If self-feeders are used for the feeding of pelleted feed, measures must be taken to prevent molding, deterioration or caking of the feed. Hamsters may be fed pelleted feed on the floor of a primary enclosure. (e) Fruit or vegetable food supplements may be placed upon the bedding within the primary enclosure: Provided, however, That the uneaten portion of such supplements and any bedding soiled as a result of such feeding practices shall be removed from the primary enclosure when such uneaten supplements accumulate or such bedding becomes soiled to a degree that might be harmful or uncomfortable to animals therein. | ||||
| 9:9:1.0.1.1.3.2.26.6 | 9 | Animals and Animal Products | I | A | 3 | PART 3—STANDARDS | B | Subpart B—Specifications for the Humane Handling, Care, Treatment, and Transportation of Guinea Pigs and Hamsters | § 3.30 Watering. | APHIS | Unless food supplements consumed by guinea pigs or hamsters supply them with their normal water requirements, potable water shall be provided daily except as might otherwise be required to provide adequate veterinary care. Open containers used for dispensing water to guinea pigs or hamsters shall be so placed in or attached to the primary enclosure as to minimize contamination from excreta. All watering receptacles shall be sanitized when dirty: Provided, however, That such receptacles shall be sanitized at least once every 2 weeks. | ||||
| 9:9:1.0.1.1.3.2.26.7 | 9 | Animals and Animal Products | I | A | 3 | PART 3—STANDARDS | B | Subpart B—Specifications for the Humane Handling, Care, Treatment, and Transportation of Guinea Pigs and Hamsters | § 3.31 Sanitation. | APHIS | (a) Cleaning and sanitation of primary enclosures. (1) Primary enclosures shall be cleaned and sanitized often enough to prevent an accumulation of excreta or debris: Provided, however, That such enclosures shall be sanitized at least once every 2 weeks in the manner provided in paragraph (a)(4) of this section. (2) In the event a primary enclosure becomes soiled or wet to a degree that might be harmful or uncomfortable to the animals therein due to leakage of the watering system, discharges from dead or dying animals, spoiled perishable foods, or moisture condensation, the guinea pigs or hamsters shall be transferred to clean primary enclosures. (3) Prior to the introduction of guinea pigs or hamsters into empty primary enclosures previously occupied, such enclosures shall be sanitized in the manner provided in paragraph (a)(4) of this section. (4) Primary enclosures for guinea pigs or hamsters shall be sanitized by washing them with hot water (180 °F.) and soap or detergent as in a mechanical cage washer, or by washing all soiled surfaces with a detergent solution followed by a safe and effective disinfectant, or by cleaning all soiled surfaces with live steam. (b) Housekeeping. Premises (buildings and grounds) shall be kept clean and in good repair in order to protect the animals from injury and to facilitate the prescribed husbandry practices set forth in this subpart. Premises shall remain free of accumulations of trash. (c) Pest control. An effective program for the control of insects, ectoparasites, and avian and mammalian pests shall be established and maintained. | ||||
| 9:9:1.0.1.1.3.2.26.8 | 9 | Animals and Animal Products | I | A | 3 | PART 3—STANDARDS | B | Subpart B—Specifications for the Humane Handling, Care, Treatment, and Transportation of Guinea Pigs and Hamsters | § 3.32 Employees. | APHIS | A sufficient number of employees shall be utilized to maintain the prescribed level of husbandry practices set forth in this subpart. Such practices shall be under the supervision of an animal caretaker who has a background in animal husbandry or care. | ||||
| 9:9:1.0.1.1.3.2.26.9 | 9 | Animals and Animal Products | I | A | 3 | PART 3—STANDARDS | B | Subpart B—Specifications for the Humane Handling, Care, Treatment, and Transportation of Guinea Pigs and Hamsters | § 3.33 Classification and separation. | APHIS | Animals housed in the same primary enclosure shall be maintained in compatible groups, with the following additional restrictions: (a) Except where harem breeding is practiced, preweanling guinea pigs shall not be housed in the same primary enclosure with adults other than their parents. (b) Guinea pigs shall not be housed in the same primary enclosure with hamsters, nor shall guinea pigs or hamsters be housed in the same primary enclosure with any other species of animals. (c) Guinea pigs or hamsters under quarantine or treatment for a communicable disease shall be separated from other guinea pigs or hamsters and other susceptible species of animals in such a manner as to minimize dissemination of such disease. | ||||
| 9:9:1.0.1.1.3.2.27.11 | 9 | Animals and Animal Products | I | A | 3 | PART 3—STANDARDS | B | Subpart B—Specifications for the Humane Handling, Care, Treatment, and Transportation of Guinea Pigs and Hamsters | § 3.35 Consignments to carriers and intermediate handlers. | APHIS | [42 FR 31563, June 21, 1977, as amended at 43 FR 22163, May 16, 1978; 44 FR 63492, Nov. 2, 1979] | (a) Carriers and intermediate handlers shall not accept any live guinea pig or hamster presented by any dealer, research facility, exhibitor, operator of an auction sale, or other person, or any department, agency, or instrumentality of the United States or any State or local government for shipment, in commerce, more than 4 hours prior to the scheduled departure of the primary conveyance on which it is to be transported: Provided, however, That the carrier or intermediate handler and any dealer, research facility, exhibitor, operator of an auction sale, or other person, or any department, agency, or instrumentality of the United States or any State or local government may mutually agree to extend the time of acceptance to not more than 6 hours if specific prior scheduling of the animal shipment to destination has been made. (b) Any carrier or intermediate handler shall only accept for transportation or transport, in commerce any live guinea pig or hamster in a primary enclosure which conforms to the requirements set forth in § 3.36 of the standards: Provided, however, That any carrier or intermediate handler may accept for transportation or transport, in commerce, any live guinea pig or hamster consigned by any department, agency, or instrumentality of the United States having laboratory animal facilities or exhibiting animals, or any licensed or registered dealer, research facility, exhibitor, or operator of an auction sale, if such consignor furnishes to the carrier or intermediate handler a certificate, signed by the consignor, stating that the primary enclosure complies with § 3.36 of the standards, unless such primary enclosure is obviously defective or damaged and it is apparent that it cannot reasonably be expected to contain the live guinea pig or hamster without causing suffering or injury to such live guinea pig or hamster. A copy of such certificate shall accompany the shipment to destination. The certificate of compliance shall include at least the following information: (1) Name and address of… | |||
| 9:9:1.0.1.1.3.2.27.12 | 9 | Animals and Animal Products | I | A | 3 | PART 3—STANDARDS | B | Subpart B—Specifications for the Humane Handling, Care, Treatment, and Transportation of Guinea Pigs and Hamsters | § 3.36 Primary enclosures used to transport live guinea pigs and hamsters. | APHIS | [42 FR 31563, June 21, 1977, as amended at 43 FR 21163, May 16, 1978; 55 FR 28882, July 16, 1990] | No person subject to the Animal Welfare regulations shall offer for transportation, or transport, in commerce any live guinea pig or hamster in a primary enclosure that does not conform to the following requirements: (a) Primary enclosures, such as compartments, transport cages, cartons, or crates, used to transport live guinea pigs or hamsters shall be constructed in such a manner that (1) the structural strength of the enclosure shall be sufficient to contain the live guinea pigs or hamsters and to withstand the normal rigors of transportation; (2) the interior of the enclosure shall be free from any protrusions that could be injurious to the live guinea pigs or hamsters contained therein; (3) the inner surfaces of corrugated fiberboard, cardboard, or plastic containers shall be covered or laminated with wire mesh or screen where necessary to prevent escape of the animals; (4) the openings of such enclosures are easily accessible at all times for emergency removal of the live guinea pigs or hamsters; (5) except as provided in paragraph (i) of this section, there are ventilation openings located on two opposite walls of the primary enclosure and the ventilation openings on each such wall shall be at least 16 percent of the total surface area of each such wall, or there are ventilation openings located on all four walls of the primary enclosure and the ventilation openings on each such wall shall be at least 8 percent of the total surface area of each such wall: Provided, however, That at least one-third of the total minimum area required for ventilation of the primary enclosure shall be located on the lower one-half of the primary enclosure and at least one-third of the total minimum area required for ventilation of the primary enclosure shall be located on the upper one-half of the primary enclosure; (6) except as provided in paragraph (i) of this section, projecting rims or other devices shall be on the exterior of the outside walls with any ventilation openings to prevent obstruction of the ventilation ope… | |||
| 9:9:1.0.1.1.3.2.27.13 | 9 | Animals and Animal Products | I | A | 3 | PART 3—STANDARDS | B | Subpart B—Specifications for the Humane Handling, Care, Treatment, and Transportation of Guinea Pigs and Hamsters | § 3.37 Primary conveyances (motor vehicle, rail, air, and marine). | APHIS | [42 FR 31563, June 21, 1977, as amended at 55 FR 28882, July 16, 1990] | (a) The animal cargo space of primary conveyances used in transporting live guinea pigs and hamsters shall be designed and constructed to protect the health, and ensure the safety and comfort of the live guinea pigs and hamsters at all times. (b) The animal cargo space shall be constructed and maintained in a manner to prevent the ingress of engine exhaust fumes and gases from the primary conveyance during transportation in commerce. (c) No live guinea pig or hamster shall be placed in an animal cargo space that does not have a supply of air sufficient for normal breathing for each live animal contained therein, and the primary enclosures shall be positioned in the animal cargo space in such a manner that each live guinea pig or hamster has access to sufficient air for normal breathing. (d) Primary enclosures shall be positioned in the primary conveyance in such a manner that in an emergency the live guinea pigs or hamsters can be removed from the primary conveyance as soon as possible. (e) The interior of the animal cargo space shall be kept clean. (f) Live guinea pigs and hamsters shall not be transported with any material, substance (e.g., dry ice) or device which may reasonably be expected to be injurious to the health and well-being of the guinea pigs and hamsters unless proper precaution is taken to prevent such injury. (g) The animal cargo space of primary conveyances used to transport guinea pigs or hamsters shall be mechanically sound and provide fresh air by means of windows, doors, vents, or air conditioning so as to minimize drafts, odors, and moisture condensation. Auxiliary ventilation, such as fans, blowers, or air conditioners, shall be used in any cargo space containing live guinea pigs or hamsters when the ambient temperature in the animal cargo space is 75 °F (23.9 °C) or higher. The ambient temperature within the animal cargo space shall not exceed 85 °F (29.5 °C) or fall below 45 °F (7.2 °C), except that the ambient temperature in the cargo space may be below 45 °F (7.2 °C) for hamsters… | |||
| 9:9:1.0.1.1.3.2.27.14 | 9 | Animals and Animal Products | I | A | 3 | PART 3—STANDARDS | B | Subpart B—Specifications for the Humane Handling, Care, Treatment, and Transportation of Guinea Pigs and Hamsters | § 3.38 Food and water requirements. | APHIS | [42 FR 31563, June 21, 1977] | (a) If live guinea pigs or hamsters are to be transported for a period of more than 6 hours, the animals shall have access to food and water or a type of food, which provides the requirements for food and water in quantity and quality sufficient to satisfy their food and water needs, during transit. (b) Any dealer, research facility, exhibitor or operator of an auction sale offering any live guinea pig or hamster to any carrier or intermediate handler for transportation, in commerce, shall provide an adequate supply of food or type of food, which provides the requirements for food and water, within the primary enclosure to meet the requirements of this section. (c) No carrier or intermediate handler shall accept for transportation, in commerce, any live guinea pig or hamster without an adequate supply of food or type of food, which provides the requirements for food and water, within the primary enclosure to meet the requirements of this section. | |||
| 9:9:1.0.1.1.3.2.27.15 | 9 | Animals and Animal Products | I | A | 3 | PART 3—STANDARDS | B | Subpart B—Specifications for the Humane Handling, Care, Treatment, and Transportation of Guinea Pigs and Hamsters | § 3.39 Care in transit. | APHIS | [42 FR 31563, June 21, 1977] | (a) During surface transportation, it shall be the responsibility of the driver or other employee to visually observe the live guinea pigs or hamsters as frequently as circumstances may dictate, but not less than once every 4 hours, to assure that they are receiving sufficient air for normal breathing, their ambient temperatures are within the prescribed limits, all other applicable standards are being complied with and to determine whether any of the live guinea pigs or hamsters are in obvious physical distress and to provide any needed veterinary care as soon as possible. When transported by air, live guinea pigs and hamsters shall be visually observed by the carrier as frequently as circumstances may dictate, but not less than once every 4 hours, if the animal cargo space is accessible during flight. If the animal cargo space is not accessible during flight, the carrier shall visually observe the live guinea pigs or hamsters whenever loaded and unloaded and whenever the animal cargo space is otherwise accessible to assure that they are receiving sufficient air for normal breathing, their ambient temperatures are within the prescribed limits, all other applicable standards are being complied with and to determine whether any such live guinea pigs or hamsters are in obvious physical distress. The carrier shall provide any needed veterinary care as soon as possible. No guinea pig or hamster in obvious physical distress shall be transported in commerce. (b) During the course of transportation, in commerce, live guinea pigs or hamsters shall not be removed from their primary enclosures unless placed in other primary enclosures or facilities conforming to the requirements provided in this subpart. | |||
| 9:9:1.0.1.1.3.2.27.16 | 9 | Animals and Animal Products | I | A | 3 | PART 3—STANDARDS | B | Subpart B—Specifications for the Humane Handling, Care, Treatment, and Transportation of Guinea Pigs and Hamsters | § 3.40 Terminal facilities. | APHIS | [43 FR 56215, Dec. 1, 1978, as amended at 55 FR 28883, July 16, 1990] | No person subject to the Animal Welfare regulations shall commingle shipments of live guinea pigs or hamsters with inanimate cargo. All animal holding areas of a terminal facility where shipments of live guinea pigs or hamsters are maintained shall be cleaned and sanitized as prescribed in § 3.31 of the standards often enough to prevent an accumulation of debris or excreta, to minimize vermin infestation, and to prevent a disease hazard. An effective program for the control of insects, ectoparasites, and avian and mammalian pests shall be established and maintained for all animal holding areas. Any animal holding area containing live guinea pigs or hamsters shall be provided with fresh air by means of windows, doors, vents, or air conditioning and may be ventilated or air circulated by means of fans, blowers, or an air conditioning system so as to minimize drafts, odors, and moisture condensation. Auxiliary ventilation, such as exhaust fans and vents or fans or blowers or air conditioning shall be used for any animal holding area containing live guinea pigs and hamsters when the air temperature within such animal holding area is 23.9 °C. (75. °F.) or higher. The air temperature around any live guinea pig or hamster in any animal holding area shall not be allowed to fall below 7.2 °C. (45 °F.) nor be allowed to exceed 29.5 °C. (85 °F.) at any time. To ascertain compliance with the provisions of this paragraph, the air temperature around any live guinea pig or hamster shall be measured and read outside the primary enclosure which contains such guinea pig or hamster at a distance not to exceed .91 meters (3 feet) from any one of the external walls of the primary enclosure and measured on a level parallel to the bottom of such primary enclosure at a point which approximates half the distance between the top and bottom of such primary enclosure. | |||
| 9:9:1.0.1.1.3.2.27.17 | 9 | Animals and Animal Products | I | A | 3 | PART 3—STANDARDS | B | Subpart B—Specifications for the Humane Handling, Care, Treatment, and Transportation of Guinea Pigs and Hamsters | § 3.41 Handling. | APHIS | [43 FR 21163, May 16, 1978, as amended at 43 FR 56216, Dec. 1, 1978; 55 FR 28883, July 16, 1990] | (a) Any person who is subject to the Animal Welfare regulations and who moves live guinea pigs or hamsters from an animal holding area of a terminal facility to a primary conveyance or vice versa shall do so as quickly and efficiently as possible. Any person subject to the Animal Welfare Act and holding any live guinea pig or hamster in an animal holding area of a terminal facility or transporting any live guinea pig or hamster to or from a terminal facility shall provide the following: (1) Shelter from sunlight. When sunlight is likely to cause overheating or discomfort, sufficient shade shall be provided to protect the live guinea pigs and hamsters from the direct rays of the sun and such live guinea pigs or hamsters shall not be subjected to surrounding air temperatures which exceed 29.5 °C. (85 °F.), and which shall be measured and read in the manner prescribed § 3.40 of this part, for a period of more than 45 minutes. (2) Shelter from rain or snow. Live guinea pigs and hamsters shall be provided protection to allow them to remain dry during rain or snow. (3) Shelter from cold weather. Transporting devices shall be covered to provide protection for live guinea pigs and hamsters when the outdoor air temperature falls below 10 °C. (50 °F.), and such live guinea pigs and hamsters shall not be subjected to surrounding air temperatures which fall below 7.2 °C. (45 °F.), and which shall be measured and read in the manner prescribed in § 3.40 of this part, for a period of more than 45 minutes. (b) Care shall be exercised to avoid handling of the primary enclosure in such a manner that may cause physical or emotional trauma to the live guinea pig or hamster contained therein. (c) Primary enclosures used to transport any live guinea pig or hamster shall not be tossed, dropped, or needlessly tilted and shall not be stacked in a manner which may reasonably be expected to result in their falling. | |||
| 9:9:1.0.1.1.3.3.28.1 | 9 | Animals and Animal Products | I | A | 3 | PART 3—STANDARDS | C | Subpart C—Specifications for the Humane Handling, Care, Treatment and Transportation of Rabbits | § 3.50 Facilities, general. | APHIS | [32 FR 3273, Feb. 24, 1967, as amended at 44 FR 63492, Nov. 2, 1979] | (a) Structural strength. Indoor and outdoor housing facilities for rabbits shall be structurally sound and shall be maintained in good repair, to protect the animals from injury, to contain the animals, and to restrict the entrance of other animals. (b) Water and electric power. Reliable and adequate electric power, if required to comply with other provisions of this subpart, and adequate potable water shall be available. (c) Storage. Supplies of food and bedding shall be stored in facilities which adequately protect such supplies against infestation or contamination by vermin. Refrigeration shall be provided for supplies of perishable food. (d) Waste disposal. Provision shall be made for the removal and disposal of animal and food wastes, bedding, dead animals, and debris. Disposal facilities shall be so provided and operated as to minimize vermin infestation, odors, and disease hazards. (e) Washroom and sinks. Facilities, such as washrooms, basins, or sinks, shall be provided to maintain cleanliness among animal caretakers. | |||
| 9:9:1.0.1.1.3.3.28.2 | 9 | Animals and Animal Products | I | A | 3 | PART 3—STANDARDS | C | Subpart C—Specifications for the Humane Handling, Care, Treatment and Transportation of Rabbits | § 3.51 Facilities, indoor. | APHIS | (a) Heating. Indoor housing facilities for rabbits need not be heated. (b) Ventilation. Indoor housing facilities for rabbits shall be adequately ventilated to provide for the health and comfort of the animals at all times. Such facilities shall be provided with fresh air either by means of windows, doors, vents, or air conditioning and shall be ventilated so as to minimize drafts, odors, and moisture condensation. Auxiliary ventilation, such as exhaust fans and vents or air conditioning, shall be provided when the ambient temperature is 85 °F. or higher. (c) Lighting. Indoor housing facilities for rabbits shall have ample light, by natural or artificial means, or both, of good quality and well distributed. Such lighting shall provide uniformly distributed illumination of sufficient light intensity to permit routine inspection and cleaning during the entire working period. Primary enclosures shall be so placed as to protect the rabbits from excessive illumination. (d) Interior surfaces. The interior building surfaces of indoor housing facilities shall be constructed and maintained so that they are substantially impervious to moisture and may be readily sanitized. | ||||
| 9:9:1.0.1.1.3.3.28.3 | 9 | Animals and Animal Products | I | A | 3 | PART 3—STANDARDS | C | Subpart C—Specifications for the Humane Handling, Care, Treatment and Transportation of Rabbits | § 3.52 Facilities, outdoor. | APHIS | (a) Shelter from sunlight. When sunlight is likely to cause overheating or discomfort, sufficient shade shall be provided to allow all rabbits kept outdoors to protect themselves from the direct rays of the sun. When the atmospheric temperature exceeds 90 °F. artificial cooling shall be provided by a sprinkler system or other means. (b) Shelter from rain or snow. Rabbits kept outdoors shall be provided with access to shelter to allow them to remain dry during rain or snow. (c) Shelter from cold weather. Shelter shall be provided for all rabbits kept outdoors when the atmospheric temperature falls below 40 °F. (d) Protection from predators. Outdoor housing facilities for rabbits shall be fenced or otherwise enclosed to minimize the entrance of predators. (e) Drainage. A suitable method shall be provided to rapidly eliminate excess water. | ||||
| 9:9:1.0.1.1.3.3.28.4 | 9 | Animals and Animal Products | I | A | 3 | PART 3—STANDARDS | C | Subpart C—Specifications for the Humane Handling, Care, Treatment and Transportation of Rabbits | § 3.53 Primary enclosures. | APHIS | [32 FR 3273, Feb. 24, 1967, as amended at 55 FR 28883, July 16, 1990] | All primary enclosures for rabbits shall conform to the following requirements: (a) General. (1) Primary enclosures shall be structurally sound and maintained in good repair to protect the rabbits from injury, to contain them, and to keep predators out. (2) Primary enclosures shall be constructed and maintained so as to enable the rabbits to remain dry and clean. (3) Primary enclosures shall be constructed and maintained so that the rabbits contained therein have convenient access to clean food and water as required in this subpart. (4) The floors of the primary enclosures shall be constructed so as to protect the rabbits' feet and legs from injury. Litter shall be provided in all primary enclosures having solid floors. (5) A suitable nest box containing clean nesting material shall be provided in each primary enclosure housing a female with a litter less than one month of age. (b) Space requirements for primary enclosures acquired before August 15, 1990. Primary enclosures shall be constructed and maintained so as to provide sufficient space for the animal to make normal postural adjustments with adequate freedom of movement. Each rabbit housed in a primary enclosure shall be provided a minimum amount of floor space, exclusive of the space taken up by food and water receptacles, in accordance with the following table: (c) Space requirements for primary enclosures acquired on or after August 15, 1990. (1) Primary enclosures shall be constructed and maintained so as to provide sufficient space for the animal to make normal postural adjustments with adequate freedom of movement. (2) Each rabbit housed in a primary enclosure shall be provided a minimum amount of floor space, exclusive of the space taken up by food and water receptacles, in accordance with the following table: (3) Innovative primary enclosures that do not precisely meet the space requirements of paragraph (c)(2) of this section, but that do provide rabbits with a sufficient volume of space and the opportunity to express species-typical… | |||
| 9:9:1.0.1.1.3.3.29.10 | 9 | Animals and Animal Products | I | A | 3 | PART 3—STANDARDS | C | Subpart C—Specifications for the Humane Handling, Care, Treatment and Transportation of Rabbits | § 3.59 [Reserved] | APHIS | |||||
| 9:9:1.0.1.1.3.3.29.5 | 9 | Animals and Animal Products | I | A | 3 | PART 3—STANDARDS | C | Subpart C—Specifications for the Humane Handling, Care, Treatment and Transportation of Rabbits | § 3.54 Feeding. | APHIS | (a) Rabbits shall be fed at least once each day except as otherwise might be required to provide adequate veterinary care. The food shall be free from contamination, wholesome, palatable and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the rabbit. (b) Food receptacles shall be accessible to all rabbits in a primary enclosure and shall be located so as to minimize contamination by excreta. All food receptacles shall be kept clean and sanitized at least once every 2 weeks. If self feeders are used for the feeding of dry feed, measures must be taken to prevent molding, deterioration or caking of the feed. | ||||
| 9:9:1.0.1.1.3.3.29.6 | 9 | Animals and Animal Products | I | A | 3 | PART 3—STANDARDS | C | Subpart C—Specifications for the Humane Handling, Care, Treatment and Transportation of Rabbits | § 3.55 Watering. | APHIS | Sufficient potable water shall be provided daily except as might otherwise be required to provide adequate veterinary care. All watering receptacles shall be sanitized when dirty: Provided, however, That such receptacles shall be sanitized at least once every 2 weeks. | ||||
| 9:9:1.0.1.1.3.3.29.7 | 9 | Animals and Animal Products | I | A | 3 | PART 3—STANDARDS | C | Subpart C—Specifications for the Humane Handling, Care, Treatment and Transportation of Rabbits | § 3.56 Sanitation. | APHIS | (a) Cleaning of primary enclosures. (1) Primary enclosures shall be kept reasonably free of excreta, hair, cobwebs and other debris by periodic cleaning. Measures shall be taken to prevent the wetting of rabbits in such enclosures if a washing process is used. (2) In primary enclosures equipped with solid floors, soiled litter shall be removed and replaced with clean litter at least once each week. (3) If primary enclosures are equipped with wire or mesh floors, the troughs or pans under such enclosures shall be cleaned at least once each week. If worm bins are used under such enclosures they shall be maintained in a sanitary condition. (b) Sanitization of primary enclosures. (1) Primary enclosures for rabbits shall be sanitized at least once every 30 days in the manner provided in paragraph (b)(3) of this section. (2) Prior to the introduction of rabbits into empty primary enclosures previously occupied, such enclosures shall be sanitized in the manner provided in paragraph (b)(3) of this section. (3) Primary enclosures for rabbits shall be sanitized by washing them with hot water (180 °F.) and soap or detergent as in a mechanical cage washer, or by washing all soiled surfaces with a detergent solution followed by a safe and effective disinfectant, or by cleaning all soiled surfaces with live steam or flame. (c) Housekeeping. Premises (buildings and grounds) shall be kept clean and in good repair in order to protect the animals from injury and to facilitate the prescribed husbandry practices set forth in this subpart. Premises shall remain free of accumulations of trash. (d) Pest control. An effective program for the control of insects, ectoparasites, and avian and mammalian pests shall be established and maintained. |
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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);