[Federal Register Volume 64, Number 41 (Wednesday, March 3, 1999)]
[Notices]
[Pages 10268-10269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5244]


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 Notices
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
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  Federal Register / Vol. 64, No. 41 / Wednesday, March 3, 1999 / 
Notices  

[[Page 10268]]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service
[Docket No. 98-116-1]


Animal Welfare; Farm Animals Used for Nonagricultural Purposes

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice and request for comments.

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SUMMARY: Regulations promulgated under the Animal Welfare Act contain 
standards for the humane handling, care, treatment, and transportation 
of certain animals by dealers, exhibitors, researchers, and other 
regulated entities. We believe that additional guidance is needed to 
assist regulated entities in meeting the standards in the regulations 
as they apply to the handling, care, treatment, and transportation of 
farm animals used for nonagricultural purposes (primarily research and 
exhibition). We are considering adopting two existing guides: the 
``Guide for the Care and Use of Agricultural Animals in Agricultural 
Research and Teaching,'' published by the Federation of American 
Societies of Food and Animal Science, and the ``Guide for the Care and 
Use of Laboratory Animals,'' published by the Institute of Laboratory 
Animal Resources. The recommendations in these guides represent the 
most current thinking on appropriate practices for the handling, care, 
treatment, and transportation of farm animals for nonagricultural 
purposes. We are requesting public comment on whether or not to adopt 
these two guides.

DATES: We invite you to comment. We will consider all comments that we 
receive by May 3, 1999.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 98-116-1, Regulatory Analysis and Development, PPD, APHIS, 
suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please 
state that your comments refer to Docket No. 98-116-1. Comments 
received may be inspected at USDA, room 1141, South Building, 14th 
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and 
4:30 p.m., Monday through Friday, except holidays. Persons wishing to 
inspect comments are requested to call ahead on (202) 690-2817 to 
facilitate entry into the comment reading room.
    To obtain a copy of the ``Guide for the Care and Use of Laboratory 
Animals'': Write to National Academy Press, 2101 Constitution Avenue 
NW., Lock Box 285, Washington, DC 20055, or call toll-free 1-800-624-
6242 or 202-334-3313 in the Washington, DC, metropolitan area.
    To obtain a copy of the ``Guide for the Care and Use of 
Agricultural Animals in Agricultural Research and Teaching'': Write to 
Executive Committee, Federation of American Societies of Food Animal 
Sciences, 111 North Dunlap Avenue, Savoy, IL 61874.
    Both guides are also available for inspection in our comment 
reading room in the USDA South Building and in any Animal Care Regional 
Office.

FOR FURTHER INFORMATION CONTACT: Dr. Bettye K. Walters, Staff 
Veterinarian, Animal Care, APHIS, USDA, 4700 River Road Unit 84, 
Riverdale, MD 20737-1234, (301) 734-7833; or e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: The Animal Welfare Act (AWA) (7 U.S.C. 2131 
et seq.) authorizes the Secretary of Agriculture to promulgate 
standards governing the humane handling, care, treatment, and 
transportation of certain animals by dealers, exhibitors, and other 
regulated entities. The Secretary of Agriculture has delegated the 
responsibility for enforcing the AWA to the Administrator of the Animal 
and Plant Health Inspection Service (APHIS). Regulations established 
under the AWA are contained in 9 CFR parts 1, 2, and 3. The APHIS 
Animal Care program ensures compliance with the AWA regulations by 
conducting inspections of premises with regulated animals.
    APHIS is responsible for regulating the humane handling, care, 
treatment, and transportation of farm animals when they are used for 
nonagricultural purposes, such as for research or exhibition. APHIS 
inspects regulated entities that use farm animals under the regulations 
in 9 CFR part 3, subpart F.

History

    The AWA, enacted in 1966 and amended in 1970, 1976, 1985, and 1990, 
authorizes APHIS to regulate farm animals, such as cattle, sheep, pigs, 
and goats, when the animals are used for biomedical or other 
nonagricultural research or nonagricultural exhibition. (An example of 
agricultural exhibition would be a livestock show at a State or county 
fair.) Before 1990, we did not enforce the animal welfare regulations 
with respect to farm animals, as a matter of policy. In light of 
increased use of farm animals in biomedical research and 
nonagricultural exhibition, and in light of comments and inquiries 
received from the public, we reevaluated this policy. In 1990, we gave 
public notice in the Federal Register (55 FR 12667, Docket No. 89-223, 
published April 5, 1990) of our intent to regulate farm animals under 
the AWA in accordance with the standards in 9 CFR part 3, subpart F, 
``Specifications for the Humane Handling, Care, Treatment, and 
Transportation of Warmblooded Animals Other Than Dogs, Cats, Rabbits, 
Hamsters, Guinea Pigs, Nonhuman Primates, and Marine Mammals'' 
(referred to below as the regulations). These regulations already 
existed and are not specific to farm animals.
    Since 1990, we have considered adopting standards specific to farm 
animals. The needs of farm animals can be different from other kinds of 
animals typically used in research and exhibition. Farm animals used in 
activities regulated under the AWA are maintained in both agricultural 
and nonagricultural environments. The research and exhibition 
communities, as well as other members of the public, have requested 
that we provide more specific guidance than what the regulations 
contain for the humane care of farm animals used in regulated 
activities. We held three public meetings to gather input from Federal 
and public sources on whether and how to strengthen the regulations 
pertaining to the care and use of farm animals in activities covered by 
the AWA. The last public meeting was held in College Park, MD, on July 
7, 1994.

[[Page 10269]]

The Guides

    We have reviewed comments and literature received at those 
meetings. We have determined at this time to offer guidance on how 
regulated entities can comply with the standards in the regulations as 
they apply to farm animals. Regulated entities would benefit in that 
they would have a better understanding of ways to meet the standards in 
the regulations. This would help ensure that farm animals used in 
regulated activities are cared for in a humane manner.
    Two guides that comprehensively address the humane care of farm 
animals already exist. These are the ``Guide for the Care and Use of 
Agricultural Animals in Agricultural Research and Teaching,'' published 
by the Federation of American Societies of Food Animal Sciences, and 
the ``Guide for the Care and Use of Laboratory Animals,'' published by 
the Institute of Laboratory Animal Resources. These two publications 
are commonly known as ``the Ag Guide'' and ``the ILAR Guide,'' 
respectively.
    The ILAR Guide is a general guide that recommends practices to 
ensure the humane care of any vertebrate animal used in biomedical and 
behavioral research, teaching, or testing. The ILAR guide does not 
specifically address farm animals, but they are included in the general 
scope of the guide. We consider the general principles in the ILAR 
guide to be appropriate for application to the care and use of farm 
animals, primarily when they are maintained in laboratory settings.
    The Ag Guide contains recommendations to ensure the humane care of 
agricultural animals used in research and teaching that are maintained 
in a simulated or actual production agricultural setting. The Ag Guide 
contains general principles that apply to all farm animals, as well as 
specific recommendations for animals such as cattle, horses, sheep, 
goats, and swine.
    We have reviewed these two guides extensively and have determined 
that they represent the most current and complete scientific 
information available on the humane care of farm animals used for 
nonagricultural purposes. The guides are already in use by most 
research institutions regulated by APHIS that use farm animals. 
Specifically, any institution that receives funding from the National 
Institutes of Health or that is accredited by an organization such as 
the Association for Assessment and Accreditation of Laboratory Animal 
Care International (AAALAC International) must use the guides. The 
recommendations in these guides reflect the most current thinking on 
appropriate practices for the handling, care, treatment, and 
transportation of farm animals used for nonagricultural purposes.

Adoption of the Guides

    This document notifies the public that we are considering adopting 
these two guides to help regulated entities understand how to meet the 
standards in the regulations. We are seeking public comment on whether 
or not to adopt these two guides.
    Adoption of these guides would be intended only as guidance. 
Adoption of these guides would not create or confer any rights for or 
on any person and would not operate to bind APHIS or the public.
    As an example, the regulations specify general requirements for 
feeding (see Sec. 3.129(a)) that state ``food shall be wholesome, 
palatable, and free from contamination and of sufficient quantity and 
nutritive value to maintain all animals in good health. The diet shall 
be prepared with consideration for age, species, condition, size, and 
type of the animal.'' The Ag Guide offers species-specific 
recommendations on feeding that would be acceptable to APHIS for 
meeting the feeding standards in the regulations. For example, for 
horses and cattle, the Ag Guide includes information on nutritional and 
other considerations when a feeding program includes grazing on pasture 
or range land and makes recommendations on feed that should be provided 
to avoid colic and unhealthy behaviors such as wood or tail chewing. 
The ILAR Guide contains recommendations for feeding that are not 
species-specific, but that provide guidance on things such as keeping 
food free of contamination and retaining nutritive value that is 
applicable to a laboratory setting.
    The ILAR Guide and the Ag Guide also contain recommendations 
concerning animals and areas that are not covered under the 
regulations. We are considering using the guides only to supplement 
understanding of how to meet the standards in the regulations. Those 
portions of the guides that do not relate to the regulations would not 
be used. The Ag Guide would be used when farm animals are maintained in 
a traditional agricultural setting, and the ILAR Guide would be used 
when farm animals are maintained in a laboratory setting.
    We recognize that there are numerous other published guides, as 
well as other sources of information, that provide recommendations on 
the humane care of farm animals in various settings. We are considering 
adopting the ILAR Guide and the Ag Guide because, among other reasons, 
they are already widely used, are the most complete guides available, 
and are relatively inexpensive and easily obtained. The Ag Guide costs 
$10.00 per copy and the ILAR Guide costs $9.95 per copy. They also 
represent the most current thinking on appropriate practices for the 
handling, care, treatment, and transportation of farm animals used for 
nonagricultural purposes. However, our adoption of these guides would 
not prevent regulated entities from using recommendations from other 
sources, as long as the chosen practice satisfies the standards in the 
regulations. Other practices could be used, as well, if the practices 
also satisfy the standards in the regulations.
    Because these guides are not published by APHIS, we would not be 
able to provide copies of these guides to the public. However, the 
guides are relatively inexpensive and readily available to regulated 
entities (see directions for obtaining copies of the guides under 
ADDRESSES at the beginning of this document). APHIS would assist 
regulated entities in obtaining copies, if necessary.

    Done in Washington, DC, this 25th day of February 1999.
Joan M. Arnoldi,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-5244 Filed 3-2-99; 8:45 am]
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