Licensing and Registration

Anyone subject to the AWA must be
licensed or registered. In FY 1985,
6,019 facilities were licensed or
registered by the USDA. A complete
breakdown by State and type of
facility appears in Table 1 of the
Appendix. .

Separate listings of the licensees and
registrants are furnished with this
report. For the first time, a
breakdown is included of "A" dealers,
who sell only animals they raise
themselves; and "B" dealers, who sell
both animals they raise and animals
they buy from other sources.

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

The 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." During FY
1985, $162,100 in fees was collected
from 4,736 license holders.

Research facilities, carriers, and
intermediate handlers are required to
register with the USDA, but no fee is
required. Certain exhibitors can
register rather than become licensed.
Registrations continue in effect
until facilities are disbanded or
merged with those of another regis~
trant. In FY 1985, there were

1,657 registrants.

1. Licensed Dealers

Licensed dealers include wholesale pet
dealers and breeders, operators of
auction sales selling dogs and cats,
suppliers of laboratory animals,
traders, sellers of wild animals, and °
animal brokers. In FY 1985, 3,414
dealers were licensed; 618 of these
were new licensees.

2. Carriers and Intermediate Handlers

Although registered carriers may
include railroads, motor carriers, and
shipping lines, most are airlines.
Intermediate handlers are agents who
take custody of animals being
transported in commerce. Most
intermediate handlers also operate
boarding kennels. Their service
usually includes airport pickup and
delivery of pets.

During FY 1985, 132 carriers and 242
intermediate handlers were registered;
7 carriers and 25 intermediate
handlers were new registrants; 3
carriers and 7 handlers voluntarily
terminated 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. More docile species, such
as sheep and goats, are generally
stocked at children“s zoos and petting
2008.

During FY 1985, there were 1,322
licensed exhibitors and 64 registered
exhibitors. Also, 129 exhibitors
voluntarily terminated their licenses,
and 17 voluntarily terminated their
registrations.




APPENDIX

Table Number of active licensees and registrants, fiscal year 1985
Re ry

Intermediate Animal exhibitors g:
Stace handlers Licensed .
carriers dealers Licensed Registered facilities

U.S. Total 374 3,414 1,322 64 1,219

1 7 7 0. lM

3 co) 4 1 2
Arizona 8 15 13 0 9
Arkansas 3 102 13 0 6
California 32 100 168 1 162
Colorado 19 43 19 3 23 .
Connecticut 10 7 7 Co) 16
Delaware 0 1 1 0 8
Florida 33 109 196 2 37
Georgia i 29 22 4 1s
Hawaii 26 5 14 i) 5
Idaho 4 6 9 0 4
Tllinois 8 84 45 Ss 58
Indiana 3 70 4 te) 21
Towa ie) 368 9 5 13
Kansas 1 543 18 3 20
Kentucky 4 5 6 2 5
Louisiana 1 12 19 ce} 13
Maine 4 10 10 1 12
Maryland 3 14 13 i) 17
Massachusetts 8 35 33 2 73
Michigan 3 30 46 14 43
Minnesota 4 85 25 2 20
Mississippi 1 9 5 fe) 3
Missouri 15 541 23 ce) 29
Montana Dp} 5 4 1 3
Nebraska t 154 12 9 9
Nevada 1 5 29 ce) 1
New Hampshire 0 7 12 0 4
New Jersey 13 24 29 te) 65
New Mexico 10 3 6 ce) i
New York 24 51 47 0 100
North Carolina 8 32 19 6 18
North Dakota 1 22 6 9 3
Ohio 4 78 48 5 61
Oklahoma 2 247 12 1 14
Oregon 7 86 M 0 18
Pennsylvania 14 83 54 lo) 92
Rhode Island 0 2 5 0 9
South Carolina 9 13 16 i 5
South Dakota - oO 56 6 0 3
Tennessee 3 2 10 le) 12
Texas 26 144 97 2 71
Utah 6 6 9 0 8
Vermont 1 10 2 i} 4
Virginia 9 15 18 ie) 20
Washington iL 20 20 1 20
West Virginia 1 4 3 t) 5
Wisconsin 5 56 69 L 17
Wyoming 0 5 1 2 40
District of

Columbia 2 i) 0 lo) 8

Puerto Rico 3 29 8 le) 9
Virgin Islands 8 0 ° 0 °

st


Inspections and Investigations

Central to enforcement of the AWA
are various inspections and investi-
gations by APHIS to ensure that
Federal laws, regulations, and
standards are followed. In FY 1985
such inspections totaled 19,584.

1. Prelicensing Inspections

Before a dealer or exhibitors license
can be issued to an applicant, the Act
requires inspection of the facility to
ensure compliance with the regula-
tions and standards. In FY 1985 there
were 1,371 prelicensing inspections
made (Appendix, Table 5).

2. Compliance Inspections

To enforce compliance with the Act and
its standards, each year APHIS inspec-
tors make periodic, unannounced
inspections of all registered and
licensed facilities. When inspectors
identify deficiencies or areas of
noncompliance, the licensee or regis—
trant is advised of the deficiencies
and possible solutions for correcting
them. A reinspection must then be made
within 30 days of the deadline set for
correction. If deficiencies have been
corrected, no further action is taken.
If deficiencies remain, they are
documented for possible legal action.
In FY 1985, APHIS compliance inspec-
tions totaled 17,788; 2,735 of these
were reinspections. This means that
on an average, APHIS agents inspected
the 6,019 licensed or registered
facilities 3 times in FY 1985, These
figures do not include prelicensing
inspections and inspections of
airports and intermediate handlers.

3. Inspections of Animals in Transit

Inspections at airports with large
volumes of animal traffic permit

APHIS to assess compliance by car-
riers and shippers. Carriers must
have facilities and personnel ade-
quate to handle animals. They also
must comply with Federal shipping
requirements and refuse to accept
shipments of live animals in substand-
ard containers.

To ensure compliance by licensed and
registered shippers, inspectors
examine the health and condition of
animals as they pass through the
airport facilities. For animals in
transit, inspectors monitor the size,
construction, temperature, and venti-
lation of the container; feeding and
watering of the animals; the length
of time animals spend in transit; and
health care for the animals.

APHIS has received help from humane
associations, shippers, and others

in enforcing transportation stand-
ards. The Agency is also working with
the Animal Air Transport Association
to resolve complaints about animal
shipments.

During the year APHIS inspectors made
4,027 airport inspections and 425
inspections of intermediate handlers.

4. Complaints and Investigations

Public complaints concerning licensed
and registered facilities continue to
receive top priority. During FY 1985,
APHIS inspectors investigated 879
complaints; 844 alleged violations
(Appendix, Table 5) were investigated
by APHIS compliance officers working
in the field. Sufficient basis was
found for submitting 333 of these as
apparent violations to the headquar-
ters staff to review for possible
legal action.

5. Reviews

In FY 1985, APHIS conducted 1,168
reviews of individuals in business to


Table 5.--Number of inspections, fiscal year 1985

Alleged
State Complaints Prelicensing Compliance Reviews violations
investigated
U.S. Total 879 1,371 17,788 1,168 844
Alabama Q 6 127 2 i)
Alaska Qa 0 to} 0 te)
Arizona 12 7 214 2 8
Arkansas 15 45 271 1 35
California 4. 43 1,130 0 54
Colorado 22 1s 255 78 14
Connecticut 6 9 139 25 i)
Delaware 3 1 30 7 2
Florida 33 40 668 24 6l
Georgia ie) 12 206 16 8
Hawaii 2 ll 57 O L
Idaho ie) 8 58 le) 0
Illinois 15 27. 682 8 26
Indiana 99 13 401 1 L
Towa 46 108 1,216 174 42
Kansas 43 159 1,536 98 35
Kentucky 7 4 78 6 3
Louisiana 0 14 146 25 7
Maine 4 7 103 24 0
Maryland 29 9 216 3 7
Massachusetts 22 15 404 20 56
Michigan 8 5 558 6 8
Minnesota 7 34 571 to) 62
Mississippi 9 3 55 Oo ° 5
Missouri 7 284 1,403 68 126
Montana 1 3 68 18 2
Nebraska 25 BS 550 79 12
Nevada 3 1 81 9 4
New Hampshire 14 6 88 8 ie
New Jersey 27 4 461 te) 19
New Mexico 1 8 96 7 3
New York 20 12 697 3L 52
North Carolina 24 27 272 10 18
North Dakota 3 2 107 13 5
Ohio 21 40 556 24 15
Oklahoma 14 79 566 92 1s
Oregon 75 27 278 34 7
Pennsylvania 77 49 808 97 34
Rhode Island 3 1 61 9 i)
South Carolina 3 1 106 10 7
South Dakota 8 19 209 59 15
Tennessee 4 8 173 18 6
Texas al 66 869 0 24
Utah 2 i) 76 9 S
Vermont L 4 36 19 i
Virginia 8 3 144 0 7
Washington 7 6 208 2 10
West Virginia 9 2 34 26 1
Wisconsin 4 23 480 2 tL
Wyoming 8 1 44 4 0
Puerto Rico 2 16 156 to) 1
District of
Columbia 9 0 0 i) 9
Virgin Islands 0 fe) 0 0 te)

ll


(LER Uni 7
Ome Animal Welfare
Animal and

ier” Enforcement
Fiscal Year 1985

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


Table 3,--Animals experiencing pain or distress (drugs omitted because they would itoterfere with
the purpose of research or testing), fiscal year 1985

Number of Number of animals
State reporting Guinea Wild
facilities Total Dogs Cats. Primates pigs Hamsters Rabbits animals

U.S. Total 77 147,422 2,421 299 1,575 73,419 25,469 38 947 5,292
Alabama ° C) t) 0 o- C) Cy) 0) .0
Alaska te} te) 0 to) i) te) i) 0 0
Arizona 1 28 te) 0 0 0 ie) 28 fe)
Arkansas 1 i 0 0 i) ) 6 5 0
California 13 10,271 42 3 22 6,925 85 2,394 800
Colorado 2 37 0 te) 0 30 te) 7 0
Connecticut 3 3,342 230 0 8 2,915 te) 189 ie)
Delaware 2 5,064 24 0 32 4,996 ie) 12 0
Florida 4 72 te) 18 8 1) ie) 46 0
Georgia 2 35 i O 13 i?) 20 2 i)
Hawaii te} io) i) 0 i) to} i?) 0 to)
Idaho i} o to) i) 0 oO O i) to)
Illinois 6 556 50 i) 132 30 i) 176 168
Indiana 5 6,514 35 O 4 5,941 i) 414 120
lowa 2 2,955 0 0 0 67-2, 256 632 0
Kansas 2 29,365 0 oO 0 9,856 17,693 1,816 0
Kentucky 0 0 le) 0 te) 0 0 0 0
Louisiana 1 125 0 0 125 0 0 0 0
Maine 1 1 te) ie) ce) 0 ie) 1 0
Maryland 1 16 oO te) ie) i 16 to) 0
Massachusetts 5 147 0 0 59 22 0 66 0
Michigan 10 1,220 12 8 79 453 le) 668 i)
Minnesota 3 1,461 12 lo) 0 1,091 O 338 20
Mississippi le) 0 te) 0 i) 0 O 0 0
Missouri 6 181 80 23 0 i te) 78 0
Montana io) o Dp) O lo) to) 0 i} O
Nebraska, 1 479 oO 0 te) i) O i) 479
Nevada 0 i) 0 Oo Uo} te) oO 2) i
New Hampshire i 0 to) le) i) i vo} 0 0
New Jersey 18 22,653 390 65 23 1,937 11,900 8,338 0
New Mexico 1 24 lo) 0 . 0 0 o 24 0
New York 14 3,937 95 3 5 2,552 363 oll 8
North Carolina 2 376 5 0 15 te) O 165 191
North Dakota to} ie) 0 i) 0 i) 0 io) i}
Ohio 9 10,523 81 38 3 9,098 0 1,303 to)
Oklahoma i) 9 to) 0 0 0 0 oO 0
Oregon 0 0 i) ° ° ° ° 0 o
Pennsylvania ll 3,326 72 59 1) 61 0 3,134 0
Rhode Island ie) 0 0 i) 0 oO i) O 0
South Carolina 1 187 0 0 to) 0 O 187 0
South Dakota 0) 0 to) i} i ie) i) lo) to)
Tennessee 1 10 5 5 0 0 LP) 0 0
Texas 6 2,041 lo) o $1 455 ie) 1,535 O
Utah ie) te) 0 0 lo) 0 0 oO to)
Vermont 1 70 i) Oo 0 to) i) 70 ie)
Virginia 6 4,079 1,004 i) 87 2,662 9 232 96
Washington 3 7,567 i) O 4 7,551 i) 12 D)
West Virginia to) 9 0 te) 0 0 QO 9 to)
Wisconsin 2 303 O i} i) 0 i) 302 1
Wyoming lo) i) ie) O 0 O 0 0 9
Puerto Rico 1 8 0 ie) 9 8 0 i) to)
District of

Columbia 0 0 0 O 0 0 0 i) 0
Virgin Islands 0 0 0 0) 0 i (o) 0 to)
Federal .

Agencies 30 30,438 284 7 905 16,769 6,608 2,384 3,411


REPORT OF 1985 ACTIVITIES

The Secretary of Agriculture annually
reports on enforcement and administra-
tion of the Animal Welfare Act (AWA)
(7 U.S.C. 2131, et _seq.), as required
by section 25 of the Act. This
section states: "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 Representatives."

The present report covers Fiscal Year
(FY) 1985, which began October 1,
1984, and ended September 30, 1985.

Summar:

Compliance inspections to enforce the
AWA during FY 1985 were made at an
average rate of 3.0 times per year at
6,019 licensed or registered
facilities. When these inspections
disclosed deficiencies, U.S. Depart-
ment of Agriculture inspectors
counseled owners on the corrections
necessary to bring their facilities
into compliance and forwarded reports
of their inspections for appropriate
action.

Legal action was taken against fla-
grant and chronic offenders. After
thorough investigation, 118 new
apparent violation cases were for-
warded to the Office of the General
Counsel for prosecution. Twenty-
eight cases were resolved through
administrative procedures and
resulted in monetary penalties,
license suspensions or revocations,
cease~and-desist orders, or a
combination of these. Another 143
minor violations were resolved through
letters of warning that included a
specific deadline for compliance.

Reports were submitted by 1,105 active

registered (non-Federal) research
facilities and 160 Federal research
facilities. These reports show that
57.6 percent of the laboratory animals
protected under the AWA were not ex
posed to painful or distressing
procedures. Another 35.6 percent
received appropriate pain relief. In
6.8 percent, pain relief was not
provided because it would have
interfered with test results.

Legislation

Animal welfare Legislation enacted in
1966 (Public Law 89-544) regulated
animal dealers who raised dogs and
cats for laboratory research, as well
as laboratories conducting research on
dogs, cats, hamsters, guinea pigs,
rabbits, and nonhuman primates.

Amendments in 1970 broadened coverage
to include most other warmblooded
animals, including those used in
research, for exhibition, and in the
wholesale pet trade. An amendment in
1976 (Public Law 94-279) extended
coverage to include live-animal
transportation.

Funding for animal welfare enforce-
ment for FY 1985 was $4.86 million.

Regulations

Administration and enforcement of the
AWA are assigned to the U.S. Depart—
ment of Agriculture (USDA). The Act
directs the USDA to develop regula-
tions assuring humane care and
treatment of animals. Published in
Part 9 of the Code of Federal
Regulations, these instructions
include minimum standards for han-
dling, housing, feeding, and watering
animals; for sheltering them from
extremes of weather and temperature;
and for separating incompatible
animals. Standards for sanitation,
ventilation, veterinary care, and
transportation are also included.


CONTENTS

Summary (1)
Legislation (1)
Regulations (1)
Organization for Implementation
of the Act (2)
Field Enforcement (2)
Staff Support (2)
Training (2)
Licensing and Registration (3)
Licensed Dealers (3)

Carriers and Intermediate Handlers (3)

Animal Exhibitors (3)
Research Facilities (4)
Reports from Research Facilities (4)
Inspections and Investigations (5)
Prelicensing Inspections (5)
Compliance Inspections (5)
Inspections of Animals in Transit (5)
Complaints and Investigations (5)
Reviews (5)
Violation Cases Closed (6)
Special Projects (6)
Research (6)
Federal Health Certificates (6)
Public Information (6)
Public Correspondence (6)
Freedom of Information Requests (6)
Legislative Recommendations (6)

Appendix
Table 1.

Table 2.

Table 3.

Table 4.

Table 5.

Number of active licensees and
registrants (7)

Animals used in experimenta~
tion (8)

Animals experiencing pain or
distress (drugs omitted

because they would interfere
with the purpose of research or
testing) (9)

Animals to which pain-relieving
drugs were administered to
avoid pain or distress (10)
Number of inspections (11)

Separates (Lists)

Licensed Dealers

Registered Research Facilities

Licensed Exhibitors

Registered Exhibitors

Registered Carriers and
Intermediate Handlers


Animal Welfare

Enforcement
FY 1985

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