tebVvanwowe I I NN I II IE IS IIIS EEE NER EE

(A tabulation of animals Listed as “other" in Table 5)

State Rabbits Hamsters | Guinea pigs Wild animals
H +. i oe
Ok Lahoma 631 20 1,884 30
Oregon 1,859 562 928 1,514
Pennsylvania 18,978 11,184 20,296 285
Rhode Island 376 453 77 57
South Carolina 443 245 403 60
South Dakota 126 - 300 40
Tennessee 5,274 3,849 887 32
Texas 19,623 55,135 12,454 28,518
Utah 1,776 78 427 173
Vermont 861 62 236 232
Virginia 11,415 1,852 4,746 638
Washington 10,270 3,675 13,547 329
West Virginia 760 250 1,616 20
Wisconsin 6,636 1,154 906 138
Wyoming 65 48 70 106
Puerto Rico 144 - - -
Virgin Islands - - - -
Dist. of Columbia 925 513 451 -

23


PS
Ieee

0972+1321-5

Inspectors check on the care and comfort of exhibit animals. For example,
they make sure that handlers change chains on elephants from one foot to
another often enough to avoid skin irritation.


(1967-1974) cont'd.

| Animal exhibitors Registered

State Licensed \ _ _ _ research

dealers : Licensed | Registered | facilities

|

Oklahoma 30 - 4 L
Oregon 21 2 - -
Pennsylvania 37 2 3 3
Rhode Island 5 - - -
South Carolina 3 - 4 -
South Dakota 9 - 1 -
Tennessee 6 - 1 -
Texas 36 6 1 2
Utah 5 - - -
Vermont 8 - 1 -
Virginia 31 - - -
Washington 5 2 2
West Virginia 8 1 - -
Wisconsin 33 2 2
Wyoming 7 - - -
Puerto Rico 4 - - -
Virgin Islands - - - -
Dist. of Columbia 4 - - -

15


Other Departments of Government regulate activities of some of the same
persons and businesses regulated by USDA under the Animal Welfare Act.
During 1974, APHIS consulted with these other agencies to prevent duplicating
inspections and to avoid couflicting regulations and standards.

Departments involved in these consultations were: (1) The U.S. Department
of the Interior which enforces the Lacey Act (limiting importation of
injurious species) and the Endangered Species Act; (2) the U.S. Department
of Commerce and the U.S. Department of the Interior which, together, enforce
the Marine Mammal Protection Act; (3) the Civil Aeronautics Board which sets
air freight tariffs and related rules; and (4) the U.S. Department of
Transportation which sets standards on the safe operation of aircraft.

HUMANE CARE IN LABORATORIES

Our society owes its good health and long lifespan to medical research.
This research, in turn, is dependent on laboratory animals. Laboratory
animals helped mankind achieve key medical advances, such as modern surgical
techniques and modern drugs, antibiotics, and vaccines. Without data collected
from animals, diabetics would be untreated, disease would be rampant, and
high blood pressure would be unrelieved.

As expressed by Congress, the Animal Welfare Act is not meant to
interfere with research in any way. Its purpose is to assure that research
and experimentation are conducted with proper care and comfort for laboratory
animals and with compassion for any pain and distress caused by experimenta-
tion. Thus, the Act includes provisions for requiring the use of appropriate
anesthetics, analgesics, and tranquilizers.

An institution's attending veterinarian, who is a member of its animal
care committee, must review the protocol for every experiment and certify.
that no unnecessary pain or distress is involved, that pain or distress can
be relieved by the use of drugs, or that the use of pain-relieving drugs
will interfere with the objectives of the experiment.

The institution must submit to USDA an annual report, summarizing the
use of animals in biomedical research, tests, or experimentation. The report
must identify all animal experiments involving pain and justify all instances
in which pain or distress could not be relieved. An administrative official
legally responsible for the entire research institution must sign and attest
to the accuracy of the report.

Each statement to justify unrelieved pain or distress is reviewed by
the Animal Care Staff. APHIS veterinarians also observe animals under
experimentation during on-site inspections.

Appendix Tables 5, 6, 7, and 8 summarize the reports received from
registered research facilities for 1974. Late in 1974, a revised reporting
form was distributed which requested the number of animals exposed to
unrelieved pain. The 1973 form did not request the number of animals, only

9


a ne

During 1974, legal action was taken mainly through administrative
procedures instead of criminal prosecution in Federal courts. Penalties
under administrative proceedings are limited to suspending or revoking a
license and imposing a cease-and-desist order, which is similar to an
injunction. Failure to obey a cease-and-desist order can result in a civil

penalty up to $500 per violation for each day a violation continues.

Legal action was taken on 31 cases during 1974. The following are
examples:

A California wild animal dealer who shipped a Bengal tiger to another
State was charged with operating without a license and shipping the tiger in
a substandard cage without feed, water, or adequate veterinary care. A
hearing has tentatively been scheduled for April 1975.

A licensed dealer operating in Iowa was charged with violating seven
animal care standards when he was in business in Kanasas. His license was
revoked.

A licensed dealer in Kansas was charged with shipping dogs to another
State without the proper forms and identification and without meeting the
standards for shipping cages. He agreed to an order to cease and desist
from such violations in the future.

A licensed dealer in Ohio was charged with being late in filing his
1973 annual report and transmittal of the license fee. He agreed to an
order to cease and desist from such violations in the future.

A South Dakota dealer was charged with substandard care of dogs,
incomplete records, and improper identification of dogs. He agreed to an
order to cease and desist from such violations in the future.

In Washington, a dog dealer was charged with selling and shipping
puppies: to another State without being licensed. The dealer then secured a
license and agreed to cease and desist from operating without a license in
the future. Another licensed dealer in Washington was charged with improper
recordkeeping, deficient facilities, and substandard care for cats kept at
one or both of two locations. A hearing on the matter was set for February
1975.

PUBLIC INFORMATION ACTIVITIES

A public information officer of the APHIS Information Division is
assigned to cover animal welfare activities. Information is distributed
through public media by the USDA Office of Communication and/or regional
information offices of the Department. Lists are maintained to make mailings
of publications to humane societies; to associations that serve licensees
and registrants; to publishers of pet magazines; and to other national,
regional, State, and local organizations that publish information on animal
care.


Animal exhibitors Registered

State Licensed research

dealers Licensed | Registered | facilities

{ {
Thee .

Oklahoma 110 6 1 8
Oregon 94 9 1 9
Pennsylvania 92 24 56 63
Rhode Island 6 1 3 9
South Carolina 12 2 12 3
South Dakota 41 6 - 2
Tennessee 13 4 8 10
Texas 79 26 27 19
Utah 9 2 - 7
Vermont 40 - 4 7
Virginia 51 4 13 18
Washington 22 6 6 17
West Virginia 17 - 3 1
Wisconsin 78 3 120 22
Wyoming 9 - 3 3
Puerto Rico 21 3 16 1
Virgin Islands - - - -
Dist. of Columbia - - - 7

13


Anima!

Welfare
Enforcement

1974

REPORT OF THE

SECRETARY OF AGRICULTURE

TO THE

PRESIDENT OF THE SENATE

AND THE

SPEAKER OF THE HOUSE OF REPRESENTATIVES

¢

United States Department of Agriculture e Issued March 1975


a ee

Closed
License
revoked

Notices Pending
issued

State Investigated Cease and
desist

Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina

a
ou
te

PReeny

South Dakota - - - - -
Tennessee - - - - -
Texas - - - - -
Utah - - - -
Vermont 1 - - -

Br

Virginia 5

Washington 2

West Virginia 1 1 - -
Wisconsin L -

Wyoming -

'

'

'
PREnu

Puerto Rico - - - - -
Virgin Islands - - - - -

19


State Prelicensing Routine Searches
Oklahoma 64 177 77
Oregon 46 354 132
Pennsylvania 96 1,374 326
Rhode Island 4 219 53
South Carolina ll 97 -
South Dakota 14 155 67
Tennessee 10 174 18
Texas 77 483 169
Utah 4 139 45
Vermont 18 210 165
Virginia 40 220 102
Washington 22 138 60
West Virginia 16 137 151
Wisconsin 96 628 682
Wyoming 4 58 -
Puerto Rico 107 -

Virgin Islands

17


the number of eXperi iments avon ee eee ee eee a
could not furnish information on the number of animals involved, and their
reports had to be tabulated separately.

Research institutions indicated that almost all instances of unrelieved
pain occurred during research, development, or quality control of health
products. Tests with animals are required in some instances to obtain data
to keep such products safe, pure, and effective. Other occasions for
unrelieved pain were safety tests that provide data to protect users of
chemical products, or experiments involving electroanesthesia, mild electric
shock, or decompression.

As indicated earlier in this report, each laboratory is required to
provide at least minimum care and creature comforts for research animals.
The requirement includes daily inspection of animals by their caretakers
under professional supervision. Sick animals must receive prompt and profes-
sional veterinary care. Thus, even in cases where pain-relieving drugs
cannot be provided, animals still must receive all possible humane care and
treatment.

From our observations, it appears that care of regulated laboratory
animals in 1974 was professionally sound, and high standards of humane
treatment of laboratory animals were observed.

PROPOSED LEGISLATIVE CHANGES

The Department is reviewing some suggested amendments to the Act. These
will require further review within the Executive Branch and have not reached
a point where inclusion in this report would be appropriate. These suggested
amendments are now in the Department's legislative review process and, if
approved, will be submitted to the Congress for its consideration.

1


research institutions. LNOSe Wee 8
“inactive” list, but they can be reactivated on request. Since passage of
the 1966 Act, 86 registered research facilities and 32 exhibitors have been
placed on inactive status (See Appendix, Table 2).

DEALER AND HOLDING FACILITIES

“Licensed dealers" are persons and businesses such as animal breeders,
wholesale pet dealers, suppliers of laboratory animals or specimens, traders
and importers of wild animals, dog and cat auctions, animal transporters, and
animal brokers.

Exempt from licensing as dealers are retail pet stores, certain hobby
breeders, public animal shelters, trade-day sales, dealers in non-regulated
species, and common carriers.

"Holding facilities" are agents of licensed dealers caring for animals
on separate premises. Holding facilities are not licensed separately but
since the animals involved belong to a licensed dealer, holding facilities
must be approved and inspected for compliance with USDA regulations and
standards.

Animal Exhibitors

"Exhibitors" are persons or businesses who exhibit animals which were
purchased in commerce or the intended distribution of which affects commerce,
to the public, for compensation or profit, put specifically including
carnivals, circuses, and “zoos whether operated for profit or not. Exhibitors
can be licensed or registered. “Licensed exhibitors" are those exhibitors
which sell, transport, or offer for transportation,” affecting commerce, to
any research facility or for exhibition or for use as a pet any animal; or
buy, sell, offer to buy or sell, transport or offer for transportation,
affecting commerce, any animal, to or from another dealer or exhibitor under
the Act. All other exhibitors must register with the Secretary.

Licensed exhibitors pay annual fees; registered exhibitors by law do not
pay fees. However, both types of exhibitors are bound by the same standards
of animal care. ,

Currently exempt from both registration and licensing as exhibitors are
private animal collections, wild animal sanctuaries, hunting preserves,
purebred dog or cat shows and similar events, farm exhibits, horse shows and
rodeos, and exhibitors of nonregulated species.

Research Facilities

All "research facilities" using animals regulated under the Act are
registered and pay no fees. They must comply with regulations and standards
under the Act. Types of research facilities presently registered are State-
owned and privately-owned laboratories, clinics, hospitals, colleges, univer-
sities and drug firms.


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Programs Development and Application
Hyattsville, Maryland

Dr. G. V. Peacock
Director

Dr. R. P. Jones
Assistant Director

ANIMAL CARE STAFF

Dr. Oscar F. Clabaugh
Chief Staff Veterinarian
Zoo, Circus, and Show Animal Care

Dr. Dale F. Schwindaman
Chief Staff Veterinarian
Animal Medicine and Technology

Mr. Francis W. Germaine
Program Specialist
Case Preparation and Administration

31

Dr. Lois E. Hinson
Chief Staff Veterinarian
Horse Protection

Dr. Melvin R. Crane
Staff Veterinarian
Pet and Laboratory Animal Care



Animal Welfare Enforcement 1974
REPORT OF THE SECRETARY OF AGRICULTURE

TO THE PRESIDENT OF THE SENATE AND

THE SPEAKER OF THE HOUSE OF REPRESENTATIVES

INTRODUCTION

The Laboratory Animal Welfare Act of 1966, as amended by the Animal
Welfare Act of 1970, (referred to as the Animal Welfare Act), empowers the
Secretary of Agriculture to establish standards to regulate the transportation,
purchase, sale, housing, care, handling, and treatment of animals intended
for use for research or experimental purposes or for exhibition purposes or
for use as pets. This law represents a continuing commitment by Congress to
the ethic of kindness to dumb animals.

This same deep concern for animals motivates enforcement by the U.S.
Department of Agriculture (USDA) of the Animal Welfare Act. The responsible
officials in USDA's Animal and Plant Health Inspection Service (APHIS) believe
that animal dealers, exhibitors, operators of auction sales, and researchers
all perform useful and necessary functions in society. Inspectors follow the
philosophy of aiding these industries in doing a better job of caring for
animals--thereby improving, rather than inhibiting the industry. For every
hour spent investigating violations to support legal action, approximately 50
hours are spent in helping the regulated industry improve its facilities and
care and housing of animals.

This report gives details on these enforcement activities. As required
by Section 25 of the Animal Welfare Act, the Secretary of Agriculture herewith
is providing Congress with information about:

(1) the identification of all research facilities, exhibitors, and
other persons and establishments licensed by the Secretary under
Section 3 and Section 12 of the Act;

(2) the nature and place of all investigations and inspections conducted
by the Secretary under Section 16 of the Act, and all reports
received by the Secretary under Section 13 of the Act; and

(3) recommendations for legislation to improve the administration of the
Act or any provision thereof.

These points, covering calendar year 1974, are entered and commented on
in the text and tables that follow.

‘ 1


CONTENTS

Introduction . wee . . . .
Animal Care Officers ee ee
Field Force . - - ee ee ee eee ee ee ee ee
Training Courses «eee ee ee te ee ee
Regulatory Changes . a
Licensees and Registrants a
Dealer and Holding Facilities ... +--+ ee ee ees
Animal Exhibitors . . 2. 6 6 ee eee ee ee ee ee es
Research Facilities . 2. 1 6 ee eee ee ee ee ee ee ee
Inspections a
Prelicensing Inspections .« - eee ee ee et et et tt es
Routine Inspections and Searches . . - ee ee ee eet ttre
Inspection at Airports 2. 1 ee ee ee ee ee ee ee es
Alleged Violations... . a
Notice of Apparent Violations wee he ee ee ew eee
Legal Action ... sss ee ee ee ee
Public Information Activities.
Public Correspondence... ee ee ee ee te ee ee ee
Related Activities . 2 1 ee ee ee ee ee ee ee ee
Cooperation with Other Departments . . - +--+ es eee et ete

Humane Care‘in Laboratories «6 6 ee ee eee ee ee ee ee es
Proposed Legislative Changes . - se ee ee et ete tee et ts

Appendix
Table
Table

Table
Table
Table
Table
Table

Table

APHIS line and staff officers (for enforcing the Animal Welfare

Separates

8.

Number of active licensees and registrants (1974) we
Number of cancelled licenses and inactive registrations
(1967-1974) . 2... .
Number of inspections (1974). a rs
Number of alleged violations (1974)... +--+ sees
Animals used in experimentation (1974). ...-..-..4.4-.
"Other" animals used in experimentation--A tabulation

of animals listed as "Other" in Table 5. . .,. +--+ +--+
Experiments involving pain to animals with no pain
relieving drugs (1974)... 6. 6 ee eee ee ee ee
Animals experiencing pain in experiments with no pain
relieving drugs (1974). 6. 6 6 6 ee eee we ee

List of licensed dealers

List of registered research facilities
List of licensed exhibitors .

List of registered exhibitors

Act).

P.

Ey
Pc}
oO

BODDRMYYDADNE HE RWWWNNNNNE

ra

22

24

26
28


Table 5. Animals used in experimentation (1974) cont'd.
State Number of Number of | Number of animals by species
registrants all animals! Dogs Cats Primate Other

Oklahoma 6 4,551 1,469 411 106 2,565
Oregon 7 9,646 834 691 3,258 4,863
Pennsylvania 57 69,002 11,319 4,826 2,112 50,745
Rhode Island 6 1,278 181 86 48 963
South Carolina 4 2,678 1,282 233 12 1,151
South Dakota 1 477 1L - - 466
Tennessee ll 14,393 3,439 416 496 10,042
Texas 31 142,669 18,927 5,061 2,951 115,730
Utah 7 4,098 1,117 509 18 2,454
Vermont 3 1,734 252 72 19 1,391
Virginia 14 28,912 4,450 2,079 3,732 18,651
Washington 17 35,396 3,019 2,202 2,354 27,821
West Virginia 3 3,146 331 83 86 2,646
Wisconsin 23 12,459 2,775 505 345 8,834
Wyoming 3 297 - 8 - 289
Puerto Rico 1 694 550 - - 144
Virgin Islands ~ - - - - - -
Dist. of Columbia 6 4,266 1,162 1,140 75 1,889

21


SOUTHEAST REGION
Regional Director:

br. Milton J. Tillery”
Hyattsville, Maryland

Area Veterinarians in Charge:

area 7 Area 9

Dr. W. E. Ivey Dr. O. L. Kelsey

Suite 220, Maryland Farms P.O. Box 11598

Brentwood, Tennessee 37027 Columbia, South Carolina 29211
States covered: Tennessee, States covered: South Carolina,
Kentucky Georgia, North Carolina

Area 8 Area 10

Dr. Claude Nelson Dr. W. W. Bird

P.O. Box 1120 P.O. Box 660400

400 Milner Building Miami Springs, Florida 33166
Lamar and Pearl Streets

Jackson, Mississippi 39205 States covered: Florida,

Puerto Rico, Virgin Islands
States covered: Mississippi,
Alabama
SOUTH CENTRAL REGION

Regional Director:

Dr. J. H. Wommack
Hyattsville, Maryland

Area Veterinarians in Charge:

Area 11 Area 12

Dr. J. R. Pitcher (Acting) Dr. E. S. Cox

115 Northwest 6 Room 301

Oklahoma City, Oklahoma 73102 702 Colorado Street

Austin, Texas 78701
States covered: Oklahoma, Arkansas,
Louisiana States covered: Texas,
New Mexico

29