‘breeders were out of compliance with
Federal animal care standards. In
March of 1982, HSUS provided documen-
tation to APHIS on 158 cases believed
particularly deficient.

APHIS compliance officers evaluated
the HSUS findings by comparing them
with APHIS inspection records. In 60
cases, onsite inspections were done
by a special APHIS inspection team.

APHIS found that 50 of the 158

kennels (about 32 percent) were
no longer in business. Another
73 breeders (46 percent) were
deemed to be in compliance.

final 35 kennels (22 percent)
had one or more deficiencies.

The

Dealers with newly substantiated
deficiencies were given deadlines for
corrective action. Where documented
records of noncompliance already
existed and deadlines were exceeded,
cases were prepared for possible
prosecution.

5. Prelicensing Inspections
Representatives made 1,340
prelicensing inspections to assure
that their facilities, housing,
equipment, and programs of veterinary
care meet Federal standards.

6. Compliance Inspections

Unannounced inspections are conducted
at places of business for all

licensees and registrants and the

more than 7,000 business sites of
individuals who keep regulated

animals. Inspectors concentrate on
facilities with a history of
deficiencies or who operate illegally
without a USDA license or registration.

If inspectors find that USDA
regulations and standards are not
met, they attempt to secure

needed corrections. To avoid
misunderstandings, deficiencies are
noted on an inspection form and a
copy given to the licensee or

registrant involved. A time limit is
set for making corrections.

Inspectors and their supervisors
categorize deficiencies as “major” or
“minor.” A health or safety hazard
to animals--either by sudden change
in the operation, neglect, or
advanced deterioration in animal care
constitute major deficiencies.
Deadlines are set for correction of
deficiencies with a special effort

to reinspect facilities with major
deficiencies within 30 days of the
deadline.

A total of 19,473 compliance inspec-
tions were completed (appendix, table
5). This constitutes an average rate
of 2.3 compliance inspections per
licensee or registrant, exclusive of
inspections at airports and inter-
mediate handlers. Included are
reinspections to verify that earlier
deficiencies were corrected.

7. Reviews

In fiscal 1982, APHIS conducted 1,088
reviews of individuals in business
subject to regulation under the
Animal Welfare Act to determine
whether they should be licensed or
registered (appendix, table 5).

Apparent Violations

APHIS conducted 1,017 investigations
of apparent violations (appendix,
table 5), 217 were considered for
legal action and 98 of these were
caused by 51 repeat violators.

A breakdown of the violations
indicate: 9 percent involved
technical infractions, 18 percent
dealers and exhibitors operating
without a license or registration
and 73 percent with violations of the
standards for care and treatment of
animals.


Table 4.--Animals to which pain relieving drugs were administered to avoid pain or distress (FY 1982)

T Number of | Number of animals
state | reporting T T i T TGuinea | T T Wild
| facilities | Total | Dogs | Cats | Primates | Pigs {Hamsters | Rabbits | Animals

TOTAL U.S. 723 465,518 109,491 34,653 16,627 89,956 80,271 116,517 18,003
Alabama 8 10,906 3,537 1,009 148 588 «4,189 1,108 327
Alaska 0 0 0 0) 0 0 0 0 0
Arizona 7 2,689 650 370 67 688 450 422 42
Arkansa 1 1,570 0 17 7 320 292 588 246
California 60 24,530 3,572, 1,730 1,005 2,728 648 10,862 3,985
Colorado 8 5,729 1,407 323 25 513 22 3,437 2
Connecticut 9 3,425 1,183 308 83 754 86 1,010 1
Delaware 5 3,779 299 35 27 33,014 261 140
Florida 18 8,801 - 2,002 824 il 449 1,849 3,433 133
Georgia 4 24, 542 1, 302 137 506 128 20,743 1,696 30
Hawaii 3 836 4 325 67 14 4 374 ql
Idaho 2 182 25 1 0 38 0 45 73
Illinois 35 25,239 7,608 1,216 1,161 5,060 2,254 7,096 B44
Indiana 12 11,010 4,874 1,884 392,911 428 792 82
Towa 8 9,535 3,320 1,082 62 1,639 134 3,208 90
Kansas 5 4,245 674 290 6 501,468 1,757 0
Kentucky 3 3,542 1,120 352 39 254 1,544 233 0
Louisiana 7 6,332 2,115 754 934 464 981 555 529
Maine 8 395 0 3 0 18 173 196 5
Maryland 12 11,186 3,736 166 17 628 = 2,156 4,421 62
Massachusetts 39 32, 267 5,831 1,755 304 2,540 12,539 7,836 1,462
Michigan 24 19,264 5,729 1,305 359° 6,319 2,251 2,769 532
Minnesota 7 13,718 6,042 1,604 34° «1,947 3 1,972 2,116
Mississippi 2 2,441 939 76 40 199 248 896 43
Missouri 15 9,967 3,974 639 101 1,133 385 3,534 201
Montana 1 43 0 0 0 6 0 25 18
Nebraska 6 4,452 415 152 45 506 = 1,910 1,424 0
Nevada 1 90 0 0 0 0 29 6 55
New Hampshire 2 440 12 151 0 0 196 25 56
New Jersey 25 34,229 4,374 752 242 21,709 2,819 3,646 687
New Mexico 6 1, 346 355 97 92 690 0 109 3
New York 65 35,311 9,738 4,047 1,446 6,781 3, 402 9,017 880
North Carolina 10 13,528 3,823 1,312 423° 2,688 1,149 3,413 720
North Dakota 1 320 114 27 ) 2 0 153 24
Ohio 36 13,163 5,197 1,530 107«1,872 1,295 3,057 105
Oklahoma 8 3,985 1,303 461 144 220 44 1,742 7
Oregon 10 3,776 672 1671, 230 693 346 637 31
Pennsylvania 43 33,552 6,800 3,215 1,218 10,798 2,230 8,768 523
Rhode Island 5 1,674 385 1,009 20 27 72 147 14
South Carolina Ss 1,731 1,138 190 12 48 0 343 0
South Dakota 2 591 56 10 ° 77 382 66 °
Tennessee 7 6,788 3,305 199 68 706 345 2,139 26
Texas 33 16,980 4,383 758 2,110 6501, 615 7,429 35
Utah 8 2,177 795 406 18 64 44 650 200
Vermont 3 2,158 59 28 12 594 197 1,168 100
Virginia 10 11,815 1,997 1,490 1,111 2,145 1,171 2,780 1,121
Washington 8 1,688 614 69 37 145 65 660 98
West Virginia 3 471 310 33 0 0 0 124 4
Wisconsin 8 4,753 1,331 307 68 261 864 1,852 70
Wyoming 2 676 24 6 C) 1 588 1 56
Puerto Rico 2 1,372 307 46 0 0 0 15 1,004
District of

Columbia 3 433 178 112 0 19 24 19 81
Virgin Islands 0 0 0 0 0 0 0 0 0
Federal

Agencies 108 31,846 1,826 1,774 3,082 «9,875 5,623 8,601 1,065


has approved the types and amounts of
anesthetic, analgesic, or tranquiliz-
ing drugs used. The report must show
use of the drugs would have inter-
fered with the intended purpose of
the research, tests, or experiments
if pain relief is not provided. In
1982, APHIS received reports from
1,016 institutions, including 885
registered facilities and 131 Federal
research facilities (appendix,

table 2). Reports were neither re-
quired nor received from 63 inactive
research facilities.

Negative reports were filed by 143
research facilities. These reports
are not included in the total, so
table 2 includes only institutions
reporting the use of regulated
laboratory animals.

Research facilities reported that 62
percent of the 1,576,556 federally
protected animals used in research or
experimentation were not exposed to
painful or distressing procedures
(appendix, tables 3 and 4). Another
30 percent of the animals received
appropriate relief from pain through
drugs.

Because drugs would have interfered
with the testing, 8 percent received
no drugs. Researchers are required
to provide an explanation describing
in detail the human and animal bene-
fits received: from these experiments.

APHIS é¢ontinued its efforts in this
fiscal year to reduce the number of
research facilities that do not file
a timely annual report. Area offices
reminded research facilities of the
reporting requirement and helped

them correct errors and incomplete
data. APHIS also investigated the
reasons for absent, late, and incom
plete reports and filed cases against
three registrants who did not file
1981 reports.

As an example of enforcement actions,
a college in Massachusetts was
ordered to comply with reporting
requirements and pay a $1,000 penalty

-5-

for noncompliance. This is the first
instance in which a research facility
paid a monetary penalty. Other ex-
amples are, cease-and-desist orders
issued by a Federal administrative
law judge on complaints in New Jersey
and California institutions who did
not file annual reports.

In fiscal year 1982, 0.03 percent of
the research facilities did not
submit data for inclusion in this
report.

Inspections and Investigations

Central to enforcement of the Animal
Welfare Act are various inspections
and investigations by APHIS to assure
Federal laws, regulations, and
standards are followed.

Inspections of all kinds conducted
by APHIS in fiscal 1982, totaled
20,979. Officials concentrated

on improving the quality of inspec-
tions. Teams conducted reinspec—
tions at facilities licensed

and registered in Illinois,
Indiana, Kansas, Maryland,
Mississippi, Missouri, Maine,
Vermont, New Hampshire,
Massachusetts, Connecticut, New
Jersey, New York, Pennsylvania, and
Wisconsin.

1. Inspections of Animals in Transit

Inspections are concentrated at air-
ports with large volumes of animal
traffic. Airport inspections permit
APHIS to assess compliance by both
the carriers and the shippers. The
carriers must have facilities and
personnel adequate to handle
animals. They also must enforce
Federal shipping requirements by
refusing to accept shipments of live
animals in substandard containers.

Compliance by licensed and registered
shippers can be monitored effectively
by checking the health and condition
of animals as they pass through the
airport facilities. Inspectors moni-
tor the length of time animals spend


associations. Such occasions permit
APHIS to better acquaint regulated
parties with requirements and
limitations.

1. Information Released

Sixty-one press releases on the
animal welfare program were issued in
fiscal 1982. Program information
materials, including a variety of
booklets and three short slide pre-
sentations were made available.
“Animal Care,” a periodic update was
sent to licensees and registrants.

2. Discussions on Farm Animal Welfare

USDA is monitoring public interest
on welfare of farm animals and
continues to keep the State and
national farm organizations aware of
this interest.

3. Public Correspondence

APHIS received inquiries about animal
welfare from various areas-~direct
citizen contact or referral from

the President, members of Congress,
and other Departments of Government.
Inquiries required 1076 personal
responses in addition to requests
filled by sending documents, lists,
regulations, and procedures.

4, Freedom of Information Requests

Regulated persons and humane groups
use provisions of the Freedom of
Information Act to obtain public
“documents on animal welfare. In
1982, APHIS received 170 requests,
resulting in the release of 7,972
documents--mainly copies of forms,
records, inspection reports, and
forms used to apply for licenses or
registrations.

These records affected 541 persons or
organizations; as a matter of policy,
APHIS notified them which records were
released and which persons requested
them. Humane societies accounted for
90 of the requests.

Enforcement Problems

Problems of enforcing the Animal
Welfare Act are listed below.
Solutions may call for improved
inspection procedures, additional
industry self-regulation, amended
regulations, better cooperation with
other Federal agencies, or a
combination of these.

1. Operation of Unlicensed Dealers

When animal dealers surrender their
licenses or let them lapse, many
continue in business by selling
their animals to the retail

market which is illegal but
difficult to detect.

2. Interference with Inspections

At times, licensees and registrants
obstruct or interfere with inspec-
tors. In one such case a dealer was
charged with barring access

to APHIS inspectors and with
wholesaling dogs while his license
was ‘suspended because of an earlier
violation. He paid a $500 penalty
and agreed to stop dealing without a
license.

Another case involved a research
facility charged with denying access
to inspections on 11 occasions. The
facility accepted a cease-and-desist
order against future infractions in
settlement of the charge.

Legislative Recommendations

The Department is continuing to ana-
lyze problems and concerns related to
enforcing the Animal Welfare Act. At
this point, no suggestions for
amending the act are contemplated.


Table 6.--Number of cases closed (FY 1982)

T T T T T
| Total | By | Cases closed | Warning | Information
State | closed | Prosecution without prejudice* H issued | Letters

TOTAL U.S. 223° 41 60 103 19
Alabama 3 0 3 0 0
Alaska 0 Oo) 0 0 0
Arizona 0 0 0 0 0
Arkansas 0 0 0 0 0)
California 7 6 1 8 2
Colorado 5 1 2 0 2
Connecticut to) 0 0 0 0
Delaware 0 0 0 0 0
Florida 5 0 3 2 )
Georgia 8 5 0 0 3
Hawaii 0 0) 0 0) 0)
Idaho 0 0 0 0 0
Illinois 7 0 4 3 0
Indiana 0 0 Cy) 0 0
Towa 8 2 3 3 0
Kansas 6 1 3 2 0
Kentucky 1 0 0 0 1
Louisiana 6 1 2 2 1
Maine 1 0 1 0 0
Maryland 5 L 2 0 2
Massachusetts 20 4 6 9 1
Michigan 7 0 2 5 0
Minnesota 3 2 3 0
Mississippi 1 0 0 1 0
Missouri 46 2 5 39 0
Montana 0 0 0 0 0
Nebraska 5 1 2 2 0
Nevada 0 0 0 0 0
New Hampshire 0 0 0 0 0
New Jersey 10 3 1 6 0)
New Mexico 0 0 0 ° 0
New York 18 2 9 5 2
North Carolina 1 0 0 1 0
North Dakota 0 0 0 0 0
Ohio 3 2 0 1 0
Oklahoma 1 0 1 0 0)
Oregon 1 0 1 0 0
Pennsylvania 2 1 ) 1 0
Rhode Island 0 0 ) 0 )
South Carolina oO oO oO oO 0
South Dakota 0 0 0 0 0)
Tennessee 0 0 Co) 0 0
Texas 14 2 2 8 2
Utah 3 1 1 1 CY)
Vermont 0 0 0 0 0
Virginia 3 0) 1 0) 2
Washington 0 0 0 0 0
West Virginia 0 0 0 0 0
Wisconsin 7 3 3 0 1
Wyoming 0 0 0 0 0
Puerto Rico 1 0 0 1 0
District of

Columbia 0 0 0 °
Virgin Islands Cy) C) 0) 0 0

*Includes cases for which further action is not warranted.


Animal Welfare
Enforcement
FY 1982

Report of the Secretary of Agriculture
to the President of the Senate and the
Speaker of the -House-of- Representatives


Table 2.--Animals used in experimentation (FY 1982)

T Number of T[ Number of animals
State | reporting | T T T TGuinea | T T wild
| facilities | Total | Dogs | Cats | Primates | Pigs |Hamsters | Rabbits | Animals

TOTAL U.S. 1,016 1,576,556 161,396 49,923 46,388 459,246 337,790 453,506 69,043

Alabama 10 17,151 3,636 1,168 216 1,269 6,658 3,697 507
Alaska 0 0 0 0 0) 0 0 ) 0
Arizona 9 7,287 953 425 67 1,173 1,908 2,281 480
Arkansas 1 1,570 0 117 7 320 292 588 246
California 97 83,615 4,155 2,666 2,081 18,822 5,724 45, 246 4,921
Colorado 7 16,021 1,715 635 227 3,752 2,308 7,215 169
Connecticut 12 14,049 1,878 528 133. 6,032 --1,230 4,145 103
Delaware 6 24,998 805 53 125 3,801 17,172 2,295 747
Florida 27 24,060 3,381 1,299 1,175 2,123 3,230 10,491 2,361
Georgia 6 29,229 1,537 462 2,090 259 21,695 2,877 309
Hawaii 3 3,753 37 370 140 258 2,298 591 39
Tdaho 4 701 25 1 0 136 0 239 300
Illinois 52 110,986 11,198 2,017 2,254 = 28,528 «17,625 41, 601 7,763
Indiana 14 39,507 7,312 2,427 253 17,997 1,708 9,193 617
Towa 10 27,578 3,421 1,106 188 4,431 12,585 5,636 211
Kansas 12 29,155 1,475 646 7 5,919 14,534 4,716 1,848
Kentucky 4 6, 032 1,244 576 59 669 = 2,184 1,300 0
Louisiana 10 13,262 2, 342 889 3,418 1,601 1,130 2,981 901
Maine 10 5,336 0 3 0 18 173 4,887 255
Maryland 18 34,522 4,246 192 4,296 12,173 6,200 7,280 135
Massachusetts 53 76,731 6,287 1,840 859 8,374 30,317 23, 562 5,492
Michigan 35 74,691 8,078 1,561 1,048 30,681 14,501 17,979 843
Minnesota 10 29,669 6,686 1,716 70 8, 576 835 8,629 3,157
Mississippi 3 2,728 951 80 76 275 248 975 123
Missouri 22 45,429 7,084 2,336 742 9,478 12,581 12,732 476
Montana 3 1,336 0 400 100 609 33 75 119
Nebraska 7 20,735 1,250 300 45 1,907 14, 587 2,646 ry)
Nevada 1 798 3 16 0 273 45 248 213
New Hampshire 2 1,968 77 488 0 15 809 475, 104
New Jersey 4 135,887 10,375 1,277 1,666 54,269 16,933 48,934 2,433
New Mexico 9 5,151 1,736 97 567 784 1,459 443 65
New York 91 157,561 15,086 6,519 3,260 80,008 13,375 33,506 5,807
North Carolina 15 55,460 5,410 1,942 1,684 16,543 16,745 8,948 4,188
North Dakota 3 569 179 54 0 59 39 212 26
Ohio 45 48,417 7,087 1,931 244 16,061 = 4, 38016, 725 1,989
Oklahoma 9 5,628 1,350 496 191 621 221 2,226 523
Oregon 14 7,257 856 261 2,718 1,011 457 1,258 696
Pennsylvania 66 117,863 11,147 4,003 1,903 35,044 24,781 37,904 3,797
Rhode Island 6 3,019 573 1,093 159 727 72 291 104
South Carolina 5 5,247 1,399 245 36 356 1,642 1,347 222
South Dakota 2 1,233 101 20 0 174 764 174 0
Tennessee 10 25,720 4,059 238 522 5,572 8,913 6,333 83
Texas 45 63,012 7,172 1,127 3,941 7,113 12,540 27, 389 3,730
Utah 8 7,067 848 460 22 827 264 4,018 628
Vermont 4 2,498 61 31 12 599 277 1,230 348
Virginia 15 28,012 3,331 1,924 2,635 10,064 1,451 7,065 1,542
Washington 12 14,929 1,452 303 82 10,839 220 1,720 313
West Virginia 4 3,018 500 137 21 1,271 329 682 78
Wisconsin 1 14,901 1,668 605 109 1,683 4,319 6,447 70
Wyoming 4 1,005 24 8 ) 1 638 45 289
Puerto Rico 4 7,673 342 61 Cy) 124 75 5,164 1,907
District of

Columbia 4 2,297 475 834 23 55 66 696 148
Virgin Islands 0 0 0 0 0 0 0 0 0
Federal

Agecnies 131 120,235 6,369 1,940 6,907 45,972 35,220 16,209 7,618


REPORT OF 1982 ACTIVITIES

The Secretary of Agriculture annually
reports on enforcement and administra-
tion of the Animal Welfare Act (7
U.S.C. Sections 2131 et. seq.), as
required by section 25 of the act.
The present report covers fiscal year
1982, which began October 1, 1981,

and ended September 30, 1982.

Section 25 requires that: “This
report as well as any supporting
documents, data, or findings shall

not be released to any other persons,
non-Federal agencies, or organizations
unless and until it has been made
public by an appropriate committee of
the Senate or the House of Representa-
tives."

Summary

Compliance inspections to enforce the
Animal Welfare Act during fiscal year
1982 were made at an average rate of |
2.3 times per year at 5,895 licensed
or registered facilities, excluding
registered carriers and intermediate
handlers.

Licensees and registrdnts were
counseled on how to correct deficien-
cies. Legal action was taken against
flagrant and chronic offenders.

A total of 101 new cases of apparent
violation were forwarded for prose-
cution after thorough investigation.
41 were resolved through administra~
tive procedures involving monetary
penalties, license suspensions or
revocations, cease-and-desist orders,
or a combination of these. Another
95 minor violations were resolved
through letters of warning which
included a specific deadline for
compliance.

Reports were submitted by 885 active,
registered research facilities and

131 Federal research facilities.

These reports show that 62 percent of
federally protected laboratory animals
were not exposed to painful or dis-
tressing procedures. Another 30 per-
cent received appropriate pain relief.

In 8% no pain relief'was provided to
avoid interfering with test results.
Researchers are required to provide

an explanation describing in detail
the human and animal benefits received
from these experiments.

Legislation

Animal welfare legislation, as first
enacted in 1966 (PL 89-544), regulated
trade in dogs and cats procured for
laboratory research, as well as dogs,
cats, hamsters, guinea pigs, rabbits,
and nonhuman primates held by certain
research facilities.

Amendments in 1970 broadened coverage
to most other warmblooded animals,
including those used in research,
exhibitions, and the wholesale pet
trade. An amendment in 1976 (PL 94-
279) extended coverage further, nota-
bly over live-animal transportation.

Funding for animal welfare enforce-
ment for fiscal year 1982 was $4.9
million.

Regulations

Administration and enforcement of the
Animal Welfare Act is assigned to the
U.S. Department of Agriculture (USDA).
The act requires USDA to develop reg-
ulations assuring humane care and
treatment of animals. These regula-
tions include minimum standards for
handling, housing, feeding, watering,
sanitation, ventilation, shelter from
extremes of weather and temperature,
separation of incompatible animals,
veterinary care, and transportation.

Birds, laboratory rats and mice, and
domestic farm animals are exempted by
regulation.

No new regulations were either pro-
posed or implemented during fiscal
year 1982. Marine mammal standards,
which became effective in 1979, also
are being revised and proposed rule-
making is expected in 1983. The need
for change became apparent when some


effective enforcement of the Animal
Welfare Act. They are given on a
regional or statewide basis by
instructors drawn from specialists
inside and outside of APHIS.

During the year, APHIS and Iowa State
University produced a 38-minute
videotape covering proper inspection
of animal facilities. It is used
for training APHIS inspectors and
animal care personnel of licensees
and registrants.

Licensing and Registration

Persons subject to the Animal Welfare
Act must be licensed or registered by
USDA. Lists of licensees and regis—

trants are furnished with this report.

Dealers, operators of auction sales
selling dogs and cats, and most
exhibitors are required to be licensed
and must pay an annual fee. Licenses
remain valid until terminated volun-
tarily by the licensee, revoked or
suspended by USDA, or canceled auto-
matically if not renewed when the
annual fee is due.

The amount of a license fee is
determined by two graduated
schedules, one for dealers and
another for exhibitors. Dealers
(including operators of auction
sales) pay between $5 and $500;
exhibitors, between $5 and $100.
Collections are deposited in the
U.S. Treasury as “miscellaneous
receipts.” By law, no portion of
fees collected are available to
USDA.

During fiscal year 1982, $132,714 in
fees was collected from 4,676 license
holders.

Research facilities, carriers, and

intermediate handlers are required to
register; certain exhibitors have the
option to register rather than become
licensed. Registrations continue in
effect until facilities are disbanded
or merged with another registrant.

=3-

In fiscal year 1982, there were 1,558
registrants, who by law pay no fee.

1. Licensed Dealers

Licensed dealers include breeders,
whole-sale pet dealers, operators of
auction sales, suppliers of
laboratory animals, traders and
importers of wild animals, and animal
brokers.

In fiscal 1982, there were 3,439
licensed dealers, of which 541 were
new licensees (appendix, table 1).

Licenses for 716 dealers were surren-
dered or canceled by APHIS. The
licenses of four dealers were sus-
pended through administrative pro-
cedures after APHIS inspectors found
serious violations.

2. Carriers and Intermediate Handlers

Most registered carriers are air-
lines, although railroads, motor
carriers, and shipping lines also
qualify.’ Intermediate handlers are
enterprises taking custody of animals
in connection with their transporta-
tion in commerce. In practice, most
are kennels that offer airport pickup
and delivery service for pets.

In fiscal 1982, 124 carriers and 215
intermediate handlers were registered
(appendix, table 1). Included were

1l carriers and 22 intermediate
handlers who became new registrants;
also one carrier and five inter-
mediate handlers voluntarily terminat-
ed their registrations.

3. Animal Exhibitors

Licensed exhibitors operate animal
acts, carnivals, circuses, public
zoos, roadside zoos, and marine
mammal exhibits. Most of the animals
exhibited are wild or exotic species,
such as lions, tigers, bears, and
elephants. However, more docile
species are stocked at children's
zoos and petting zoos.