§ 3.62

Food and water requirements.

If rabbits are transported for a period of more than 6 hours, they shall be provided with food and water. This requirement may be met by providing feedstuff and water, or the quantity and quality of vegetables, sufficient to satisfy their food and water needs during transit.

§ 3.63 Care in transit.

It shall be the responsibility of the attendant or driver to provide or obtain adequate care for the animals in case of an emergency.

Subpart D-Specifications for the Humane Handling, Care, Treatment, and Transportation of Nonhuman Primates

5

Reli

(b) Water and electric power. able and adequate electric power, if required to comply with other provisions of this subpart, and adequate potable water shall be available.

(c) Storage. Supplies of food and bedding shall be stored in facilities which adequately protect such supplies against infestation or contamination by vermin. Refrigeration shall be provided for supplies of perishable food.

(d) Waste disposal. Provision shall be made for the removal and disposal of animal and food wastes, bedding, dead animals, and debris. Disposal facilities shall be so provided and operated as to minimize vermin infestation, odors, and disease hazards.

(e) Washroom and sinks. Facilities, such as washrooms, basins, or sinks, shall

5 Nonhuman primates include a great diversity of forms, ranging from the marmoset weighing only a few ounces, to the adult gorilla weighing hundreds of pounds. They come from Asia, Africa, and Central and South America, and they live in different habitats. Their nutritional and activity requirements differ as do their social and environmental requirements. As a result, the conditions appropriate for one species do not necessarily apply to another; therefore, discretion must be used in interpreting these standards.

(a) Heating. Indoor housing facilities for nonhuman primates shall be sufficiently heated when necessary to protect the animals from the cold, and to provide for their health and comfort. The ambient temperature shall not be allowed to fall below 50° F.

(b) Ventilation. Indoor housing facilities for nonhuman primates shall be adequately ventilated to provide for the health and comfort of the animals at all times. Such facilities shall be provided with fresh air either by means of windows, doors, vents, or air conditioning and shall be ventilated so as to minimize drafts, odors, and moisture condensation. Auxiliary ventilation, such as exhaust fans and vents or air conditioning, shall be provided when the ambient temperature is 85° F. or higher.

(c) Lighting. Indoor housing facilities for nonhuman primates shall have ample light, by natural or artificial means, or both, of good quality and well distributed. Such lighting shall provide uniformly distributed illumination of sufficient light intensity to permit routine inspection and cleaning during the entire working period. Primary enclosures shall be so placed as to protect the nonhuman primates from excessive illumination.

(d) Interior surfaces. The interior building surfaces of indoor housing facilities shall be constructed and maintained so that they are substantially impervious to moisture and may be readily sanitized.

(e) Drainage. A suitable method shall be provided to rapidly eliminate excess water from indoor housing facilities. If drains are used, they shall be properly constructed and kept in good repair to avoid foul odors therefrom. If closed drainage systems are used, they shall be equipped with traps and so installed as to prevent any backup of sewage onto the floor of the room.

provided with access to shelter to allow them to remain dry during rain or snow. (c) Shelter from cold weather. Shelter shall be provided for all nonhuman primates kept outdoors to afford comfort and protection to such animals appropriate for the local climatic conditions and the nonhuman primate species concerned.

(d) Drainage. A suitable method shall be provided to rapidly eliminate excess water.

§ 3.78 Primary enclosures.

All primary enclosures for nonhuman primates shall conform to the following requirements:

(a) General. (1) Primary enclosures shall be structurally sound and maintained in good repair to protect the nonhuman primates from injury, to contain them, and to keep predators out.

(2) Primary enclosures shall be constructed and maintained so as to enable the nonhuman primates to remain dry and clean.

(3) Primary enclosures shall be constructed and maintained so that the nonhuman primates contained therein have convenient access to clean food and water as required in this subpart.

(4) The floors of the primary enclosures shall be constructed so as to protect the nonhuman primates from injury.

(b) Space requirements. (1) Primary enclosures shall be constructed and maintained so as to provide sufficient space to allow each nonhuman primate to make normal postural adjustments with adequate freedom of movement.

(2) Each nonhuman primate housed in a primary enclosure shall be provided with a minimum floor space equal to an area of at least three times the area occupied by such primate when standing on four feet.

ANIMAL HEALTH AND HUSBANDRY
STANDARDS

§ 3.79 Feeding.

(a) Nonhuman primates shall be fed at least once each day except as otherwise might be required to provide adequate veterinary care. The food shall be free from contamination, wholesome, palatable, and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the nonhuman primate.

(b) Food, and food receptacles if used, shall be accessible to all nonhuman pri

(a) Cleaning of primary enclosures. Excreta shall be removed from primary enclosures as often as necessary to prevent contamination of the nonhuman primates contained therein and to reduce disease hazards and odors. When hosing or flushing methods are used for this purpose, measures shall be taken to prevent animals confined in such enclosures from being wetted involuntarily.

(b) Sanitization of enclosures. (1) Prior to the introduction of nonhuman primates into primary enclosures previously occupied by other nonhuman primates, such enclosures shall be sanitized in the manner provided in subparagraph (3) of this paragraph.

(2) Primary enclosures for nonhuman primates shall be sanitized often enough to prevent an accumulation of debris or excreta, or a disease hazard: Provided, however, That such enclosures shall be sanitized at least once every 2 weeks in the manner provided in subparagraph (3) of this paragraph.

(3) Cages, rooms and hard surfaced pens or runs shall be sanitized either by washing them with hot water (180° F.) and soap or detergent, as in a mechanical cage washer, or by washing all soiled surfaces with a detergent solution followed by a safe and effective disinfectant, or by cleaning all soiled surfaces with live steam. Pens or runs using gravel, sand, or dirt, shall be sanitized by removing the soiled gravel, sand, or dirt and replacing it as necessary.

(c) Housekeeping. Premises (buildings and grounds) shall be kept clean and in good repair in order to protect the animals from injury and to facilitate the prescribed husbandry practices set forth

A sufficient number of employees shall be utilized to maintain the prescribed level of husbandry practices set forth in this subpart. Such practices shall be under the supervision of an animal caretaker who has a background in animal husbandry or care.

§ 3.83 Classification and separation.

Nonhuman primates housed in the same primary enclosure shall be maintained in compatible groups and shall not be housed in the same primary enclosure with animal species other than nonhuman primates.

§ 3.84 Veterinary care.

(a) Programs of disease control and prevention, euthanasia, and adequate veterinary care shall be established and maintained under the supervision and assistance of a doctor of veterinary medicine.

(b) Each nonhuman primate shall be observed daily by the animal caretaker in charge or by someone working under his direct supervision. Sick or diseased, injured, lame, or blind nonhuman primates shall be provided with veterinary care or humanely disposed of unless such action is inconsistent with the research purposes for which the animal was obtained and is being held.

§ 3.85 Vehicles.

(a) Vehicles used in transporting nonhuman primates shall be mechaniically sound and equipped to provide fresh air to all animals being transported, without injurious drafts.

(b) The animal cargo space shall be so constructed and maintained as to prevent the ingress of exhaust from the vehicle's engine.

(c) The interior of the animal cargo space shall be kept clean.

§ 3.86 Primary enclosures used to transport nonhuman primates.

(a) Primary enclosures such as compartments, transport cages or crates, used to transport nonhuman primates

shall be well-constructed, well-ventilated, and designed to protect the health and insure the safety of the animals. Such enclosures shall be constructed or positioned in the vehicle in such a manner that (1) each animal in the vehicle has access to sufficient air for normal breathing, (2) the openings of such enclosures are easily accessible at all times for emergency removal of the animal and (3) the animals are afforded adequate protection from the elements. The temperature within such enclosures shall not be allowed to exceed the atmospheric temperature. Moreover the ambient temperature shall not be allowed to exceed 85° F. for more than 4 hours continuously nor allowed to fall below 45° F.

(b) Nonhuman primates transported in the same primary enclosure shall be in compatible groups and shall not be transported in the same primary enclosures with other species of animals.

(c) Primary enclosures used to transport nonhuman primates shall be large enough to insure that each nonhuman primate contained therein has sufficient space to turn about freely and to make normal postural adjustments. Not more than 10 nonhuman primates shall be transported in the same primary enclo

sures.

(d) Nonhuman primates shall not be placed in primary enclosures over other animals in transit unless each enclosure is fitted with a floor of a material which prevents animal excreta from entering lower enclosures.

(e) Primary enclosures used to transport nonhuman primates shall be cleaned and sanitized between shipments. All litter in the vehicle shall be clean at the beginning of each trip.

§ 3.87 Food and water requirements.

If nonhuman primates are transported for a period of more than 12 hours:

(a) Potable water shall be provided to each nonhuman primate at least once in each 12-hour period.

(b) Each nonhuman primate shall be fed at least once in each 24-hour period. § 3.88 Care in transit.

It shall be the responsibility of the attendant or driver to provide or obtain adequate care for the animals in case of an emergency.

4.14

4.15

4.15-1

4.15-2

Contents.

Answers to motions and requests. Certification to Secretary.

Consent order.

Procedure upon admission of facts. General.

Exceptions.

4.15-3 Final order.

Extensions of time.

AUTHORITY: The provisions of this Part 4 issued under sec. 21, 80 Stat. 353, 7 U.S.C. 2151.

SOURCE: The provisions of this Part 4 appear at 33 F.R. 14581, Sept. 28, 1968, unless otherwise noted.

§ 4.1

Subpart A-General

Meaning of words.

As used in this part, words in the singular form shall be deemed to import the plural, and vice versa, as the case may require.

§ 4.2

Definitions.

For the purposes of this part the following terms shall be construed, respectively, to mean:

(a) The term "Act" means the Act of August 24, 1966 (Public Law 89-544, 7 U.S.C. 2131-2154), commonly known as the Laboratory Animal Welfare Act, and any legislation amendatory thereof.

(b) The term "regulations" means the regulations promulgated pursuant to the Act.

(c) The term "person" includes any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity.

(d) The term "commerce" means commerce between any State, territory, possession, or the District of Columbia, or the Commonwealth of Puerto Rico, and any place outside thereof; or between points within the same State, territory, or possession, or the District of Columbia, or the commonwealth of Puerto Rico, but through any place outside thereof; or within any territory, possession, or the District of Columbia.

(e) The term "dog" means any live dog (Canis familiaris).

(f) The term "cat" means any live cat (Felis catus).

(g) The term "research facility" means any school, institution, organization, or person that uses or intends to use dogs or cats in research, tests, or experiments, and that (1) purchases or transports dogs or cats in commerce, or

(2) receives funds, under a grant, award, loan, or contract from a department, agency, or instrumentality of the United States for the purpose of carrying out research, tests, or experiments with animals.

(h) The term "dealer" means any person who for compensation or profit delivers for transportation, or transports, except as a common carrier, buys, or sells dogs or cats in commerce for research purposes.

(i) The term "animal" means any live dog, cat, nonhuman primate, guinea pig, hamster, or rabbit. "Nonhuman primate" means any nonhuman member of the highest order of mammals including prosimians, monkeys, and apes.

(j) The term "Hearing" means that part of the proceeding which involves the submission of evidence and means either an oral or written hearing.

(k) "Moving paper" means any formal complaint or other document by virtue of which a proceeding under the Act is instituted.

(1) "Complainant” means the party upon whose moving paper the proceeding is instituted.

(m) "Respondent" means the party proceeded against.

(n) "Secretary" means the Secretary of Agriculture of the United States, or any officer or employee of the U.S. Department of Agriculture to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in his stead, including the Judicial Officer.

(o) "Hearing Clerk" means the Hearing Clerk, U.S. Department of Agriculture, Washington, D.C. 20250.

(p) "Examiner" means an examiner in the Office of Hearing Examiners, U.S. Department of Agriculture.

(q) "Examiner's Report" means the examiner's report to the Secretary with respect to proposed: (1) Findings of fact and conclusions with respect to all material issues of fact, law or discretion, as well as the reasons or basis therefor, and (2) order.

(r) "Administrator" means the Administrator, Agricultural Research Service, U.S. Department of Agriculture, or any official or employee to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in his stead.

(s) "Proceeding" means any action arising under the Act, in which it is required by law that the order or other

determination be made only after notice and opportunity for hearing, and if hearing be held, only upon the basis of a record made in the course of such hearing.

(t) "Summary action" means action taken by the Administrator to suspend a dealer's license temporarily pursuant to the Act.

(u) "Decision and Order" includes the Secretary's findings, conclusions, order, and rulings on motions, exceptions, statements of objections, and proposed findings, conclusions and orders submitted by the parties not theretofore ruled upon.

§4.3 Scope and applicability of this part.

The rules of practice in this part shall be applicable to the procedure governing proceedings and summary action for the suspension or revocation of the license of a person licensed as a dealer under the Act and the regulations, and governing proceedings for the issuance of cease and desist orders concerning such a person or research facility.

Subpart B-Rules Applicable to Proceedings and Summary Action

§ 4.10 Institution of proceeding; docket