Chapter 2. Laws, Regulations, and Policies Affecting the Use of Laboratory Animals Flashcards
(179 cards)
28-Hour Law (1873)
First federal legislation in the US to protect animals. Required that farm animals be provided food, water, and rest at least once every 28 hours during transit.
Laboratory Animal Welfare Act (PL-89-544) (1966)
First federal legislation to protect animals used for research. Required licensing of dealers that bought or sold dogs or cats for research as well as registration of research facilities that used dogs or cats. Mandated minimum animal care standards for dogs and cats before and after use in research - did NOT apply to when being used for research. Authorized the USDA to develop and enforce these regulations. USDA subsequently included standards for NHPs, rabbits, guinea pigs, and hamsters. Facilities that used dogs or cats were required to comply with standards for all species; facilities that did not have dogs or cats were not required to comply with any standards.
Animal Welfare Act (PL-91-579) (1970)
Amendment of Laboratory Animal Welfare Act. Broadened scope of protection to include animals used for teaching, exhibitions, and the wholesale pet industry. Applied to animal care during the course of research. Did not allow the Secretary of Agriculture to establish rules/regs. Did require every research facility submit an annual report that provided the number of regulated species used and assurance that professionally accepted standards for the care, treatment, and use of animals were followed - including use of anesthetic, analgesic, and tranquilizing drugs.
Institutions that used animals (except primary or secondary schools) for research, tests, or experiments were required to register - first time zoos needed to be licensed. Did NOT apply to horses not used in research and agricultural animals used in food and fiber research, retail pet stores, state and county fairs, rodeos, purebred dog and cat shows, and agricultural exhibitions.
Definition of “Animals” in 1970 Animal Welfare Act
Dogs, cats, NHPs, rabbits, guinea pigs, and hamsters, and, with certain exceptions, any other warm-blooded animal designated by the US Secretary of Agriculture.
Definition of “Dealer” in 1970 Animal Welfare Act
Any person who bought or sold any dog or other animal designated by the USDA for use in research, teaching, or exhibition or as a pet at the wholesale level.
Animal Welfare Act Amendment (PL-94-279) (1976)
Amended to include regulation of common carriers and intermediate handlers and to establish transportation standards for animals - shipping conditions and containers. Also prohibited interstate promotion or shipment of animals for animal fighting ventures.
Food Security Act (PL-99-198) (1985)
Included provisions to amend the AWA, referred to as “The Improved Standards for Laboratory Animal Act”:
1) The use of animals is instrumental in certain research
2) Methods of testing that do not use animals are being developed which are faster, less expensive, and more accurate than traditional animal experiments.
3) Measures which eliminate or minimize unnecessary duplication of experiments on animals can result in more productive use of federal funds
4) Measures which help meet the public concern for laboratory animal care and treatment are important to the continuation of research.
These amendments included specific requirements for research facilities related to the experimental use of animals. Still maintains that the Secretary of Agriculture CANNOT promulgate rules, regs, or orders with regard to the design or performance of research protocols. Also mandates that the USDA may not interrupt the conduct of research during inspections.
Pet Theft Act (PL-101-624) (1990)
4th amendment to AWA. Incorporated in the 1990 Food, Agriculture, Conservation, and Trade Act. Referred to as the “Protection of Pets” legislation. Established a 5-day holding period for dogs and cats held at pounds and shelters (both private and public) before release to dealers. Also allowed the USDA to seek injunctions against any licensed facility found dealing in stolen animals.
Helms Amendment (2002)
Amendment to the Farm Security and Rural Investment Act (2002 Farm Bill). Explicitly excluded rats, mice, and birds used for research from the Act. However, these animals are covered under the act for other purposes (zoos, aquaria). Rationale to accept their exclusion based in large part on the fact that these species are covered by other federal (PHS Policy) and private (AAALAC) systems of oversight.
Approximately what percentage of research using rats and mice is funded by the NIH and thus covered by the Health Research Extension Act/Public Health Service Policy?
~95%
What does the Animal Welfare Act authorize the USDA to do though the Secretary of Agriculture?
Develop standards, rules, regulations, and orders based on its content. All rules must be developed in consultation and cooperation with other federal departments and agencies and be reviewed and approved by the Office of Management and Budget.
What department within the USDA administers the Animal Welfare Act?
Animal and Plant Health Inspection Service (APHIS).
What is the process for the USDA to create new AWA regulations or changes?
Must publish changes in the Federal Register and allow for a 60-day public comment period. The final rule on the regulations is published in the Federal Register, along with the effective implementation date.
Where are the complete set of USDA regulations and standards published, regarding the AWA?
As the Animal Welfare Regulations in the Code of Regulations, Title 9, Animals and Animal Products, Subchapter A, Animal Welfare. Part 1 defines terms used, Part 2 provides the regulations, Part 3 specifies the standards, and Part 4 includes the rules of practice governing proceedings under the Animal Welfare Act.
Animal Care Policy Manual
Issued by the USDA to further clarify the intent of the Animal Welfare Act. Principle components of the animal welfare regulations that pertain to research facilities are provided in Part 2, Subparts C and D.
What are Regulated Species?
Any live or dead dog, cat, NHP, guinea pig, rabbit, hamster, aquatic mammal, or any other warm-blooded animals that is being used or is intended for use in research, teaching, testing, experimentation, or exhibition, or as a pet. Does NOT include birds, rats of the genus Rattus, and mice of the genus Mus bred for use in research, teaching, or testing, and horses and farm animals intended for use as food or fiber of used in studies to improve production and quality of food and fiber.
Define “dealer” under current AWA.
Any person who, for compensation or profit of more than $500 per year, buys, sells, or negotiates the purchase of, delivers for transportation, or transports a regulated animal for research, teaching, testing, experimentation, or exhibition or for use as a pet or a dog for hunting, security or breeding purposes.
Any person operating as a dealer, broker, exhibitor, or operator of an auction sale must be licensed by the USDA and pay an annual fee.
What pet stores are exempt as dealers under the AWA?
Traditional “brick and mortar” pet stores, unless they sell to a research facility, exhibitor, or wholesale dealer. USDA has begun requiring federal licensing and inspections for internet-based businesses.
What is the required holding period for dealers according to the USDA and AWA?
Dogs and cats acquired must be held for 5 full days, NOT including the day of acquisition, after acquiring the animal. If the animal was acquired from a contract animal pound or shelter, the animal must be held for at least 10 full days. If the animal is then sold to another dealer, the subsequent dealer must hold the animal for a minimum of 24 hours.
What is the holding period for research facilities that obtain dogs and cats from sources other than dealers, exhibitors, and exempt persons?
5 full days, NOT including the day of acquisition or time in transit, before the animals are used by the facility.
Define “research facility” according to the USDA, under the AWA.
Research facilities are any institution, organization, or person that uses live animals in research, testing, or experiments; that purchases or transports live animals; or that receives federal funds for research, tests or experiments.
What are the research facility registration requirements according to the USDA, under the AWA?
Research facilities, intermediate handlers, and common carriers of regulated species must register with the USDA every 3 years. Any revisions to the initial registration must be provided at the time of re-registration. The Secretary of Agriculture may exempt facilities from registration if they do not use cats, dogs, or a substantial number of other regulated species.
IACUC requirements of 1985 Animal Welfare Act
Required every animal research facility to establish an IACUC. Congress mandated that the committee include at least 3 members appointed by the chief executive officer of the research facility. Members must possess sufficient ability to assess animal care, treatment, and practices in experimental research and represent society’s concerns regarding animal subject welfare.
Minimum member requirements for IACUC according to AWA?
At least 3 members appointed by the chief executive officer of the research facility. At least one DVM. At least one non-affiliated member (cannot be an immediate family member of an affiliated member).