[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
Federal Register
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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
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
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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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