Animal Welfare Act - USA
The Animal Welfare Act (AWA) is a federal law that sets general standards for humane care and treatment of certain animals used for research, exhibition, or as pets. It also regulates the transportation of animals in commerce. The law is enforced by the U.S. Department of Agriculture (USDA) through the Animal and Plant Health Inspection Service (APHIS).
The regulations are divided into four parts: Part 1 defines the terms used in the regulations; Part 2 specifies the regulations for dealers, exhibitors, research facilities, intermediate handlers, carriers, and auction sales; Part 3 sets the standards for the humane handling, care, treatment, and transportation of various animals; and Part 4 establishes the rules of practice governing proceedings under the AWA.
Part 1
Part 1 of the Animal Welfare Act is a set of regulations that define the terms used in the Act and the animals to which the Act applies. The regulations cover topics such as:
- Animal: The regulations define an animal as a vertebrate other than man, except for subsections (4) and (5) of section 1. The regulations also exclude animals in their foetal or embryonic form from the application of the Act. The regulations allow the appropriate national authority to extend the definition of animal to include invertebrates of any description, or to apply the Act to an animal from an earlier stage of its development, if there is scientific evidence that such animals are capable of experiencing pain or suffering.
- Protected animal: The regulations define a protected animal as an animal that is commonly domesticated in the British Islands, or that is under the control of man whether on a permanent or temporary basis, or that is not living in a wild state. The regulations also provide examples of animals that are or are not living in a wild state for the purposes of the Act.
- Responsibility for animals: The regulations refer to a person responsible for an animal as a person responsible for an animal whether on a permanent or temporary basis. The regulations also provide examples of situations where a person may be regarded as responsible for an animal.
Part 2 - Regulations
Part 2 of the Animal Welfare Act is a set of regulations that specify the rules and procedures for licensing, registration, inspection, reporting, enforcement, and penalties for dealers, exhibitors, research facilities, intermediate handlers, carriers, and auction sales that involve animals covered by the Act. The regulations cover topics such as:
- Licensing and registration: The regulations provide the requirements and procedures for obtaining a license from the Secretary of Agriculture as a dealer or exhibitor of animals, and for registering as a research facility, intermediate handler, carrier, or unlicensed exhibitor. The regulations also provide the conditions and fees for renewing, suspending, revoking, or terminating a license or registration. The regulations also prohibit the purchase of dogs or cats by research facilities or Federal agencies from unauthorized sources.
- Recordkeeping and identification: The regulations provide the requirements for maintaining records of the purchase, sale, transportation, identification, and previous ownership of animals by dealers, exhibitors, research facilities, intermediate handlers, and carriers. The regulations also require the marking or identification of animals in a humane manner as prescribed by the Secretary.
- Humane standards: The regulations provide the standards for the humane handling, care, treatment, and transportation of animals by dealers, research facilities, exhibitors, intermediate handlers, carriers, and operators of auction sales. The regulations cover topics such as housing facilities, space requirements, feeding and watering, sanitation, veterinary care, exercise, psychological well-being, transportation, and handling.
- Certification process: The regulations require each research facility to establish an Institutional Animal Committee to oversee the animal care and use program and to report annually to the Secretary on its compliance with the Act and the regulations. The regulations also require each research facility to obtain certification from a licensed veterinarian that the animals used in research are provided with adequate veterinary care and are treated in accordance with the Act and the regulations.
Part 3 - Standards
Part 3 of the Animal Welfare Act is a set of regulations that specify the standards for the humane handling, care, treatment, and transportation of warmblooded animals other than dogs, cats, rabbits, hamsters, guinea pigs, nonhuman primates, marine mammals, and birds. The regulations cover topics such as:
- Facilities and operating standards: The regulations provide the requirements for the structural strength, water and power supply, storage, waste disposal, washroom and sinks, ventilation, lighting, drainage, pest control, and perimeter fence of the indoor and outdoor housing facilities where animals are kept. The regulations also provide the minimum space requirements for the primary enclosures used to house animals.
- Animal health and husbandry standards: The regulations provide the requirements for the feeding, watering, sanitation, employees, separation, and veterinary care of the animals. The regulations also provide the guidelines for the observation, acclimation, and handling of animals with special conditions or needs.
- Transportation standards: The regulations provide the requirements for the consignments to carriers and intermediate handlers, primary enclosures used to transport live animals, primary conveyances (motor vehicle, rail, air, and marine), food and drinking water requirements, care in transit, terminal facilities, and handling of animals during transportation in commerce. The regulations also provide the procedures for notifying the consignee of the arrival of animals and reporting any incidents or injuries that occur during transportation.
Part 4 - Rules of Practice Governing Proceedings Under the Animal Welfare Act
Part 4 of the Animal Welfare Act is a set of regulations that specify the rules of practice for administrative proceedings involving alleged violations of the Act or the regulations and standards in this subchapter. The regulations cover topics such as:
- Initiation of proceedings: The regulations provide the procedures for initiating a complaint against any person who is alleged to have violated any provision of the Act or the regulations and standards. The regulations also provide the rights and obligations of the complainant, the respondent, and the presiding officer in such proceedings.
- Complaints: The regulations provide the requirements for the form, content, service, and amendment of complaints. The regulations also provide the procedures for filing an answer, requesting a hearing, and waiving a hearing.
- Motions: The regulations provide the rules for making, filing, serving, and ruling on motions in connection with any proceeding. The regulations also provide examples of motions that may be filed, such as motions to dismiss, to consolidate, to compel discovery, or to extend time.
- Discovery: The regulations provide the rules for conducting discovery in any proceeding. The regulations also provide the scope, methods, limitations, and sanctions for discovery, such as depositions, interrogatories, requests for admission, requests for production of documents or things, and subpoenas.
- Hearings: The regulations provide the rules for conducting hearings in any proceeding. The regulations also provide the procedures for setting the time and place of hearing, giving notice of hearing, taking evidence, making objections, presenting arguments, submitting briefs, and issuing decisions and orders.
- Evidence: The regulations provide the rules for admitting and excluding evidence in any proceeding. The regulations also provide the standards for relevance, materiality, weight, credibility, authentication, and hearsay of evidence.
- Witnesses: The regulations provide the rules for presenting and examining witnesses in any proceeding. The regulations also provide the procedures for issuing subpoenas, granting immunity, protecting confidential information, and cross-examining witnesses.
- Subpoenas: The regulations provide the rules for issuing subpoenas to compel the attendance and testimony of witnesses or the production of documents or things in any proceeding. The regulations also provide the procedures for applying for, serving, modifying, quashing, or enforcing subpoenas.
- Record of proceedings: The regulations provide the rules for preparing and certifying the record of proceedings in any proceeding. The regulations also provide the procedures for correcting errors or omissions in the record, filing objections to the record, and supplementing the record.
- Decisions and orders: The regulations provide the rules for issuing decisions and orders in any proceeding. The regulations also provide the procedures for filing exceptions to decisions or orders, requesting oral argument before the Judicial Officer, and appealing decisions or orders to a court of competent jurisdiction.