The Code of Federal Regulations of the United States of America

(c) In any situation in which an applicant for a license demonstrates to the satisfaction of the Secretary that his operations during his preceding business year or substantial portion thereof, as the case may be, will not be representative of his operations during the license period, the Secretary shall base the license fee upon the anticipated demonstrated by operations the applicant.

§ 2.7 Notification of change of name, address, control or ownership of business.

A licensee shall promptly notify the Veterinarian in Charge of any change in the name, address, management or substantial control or ownership of his business or operation.

§ 2.8 Renewal and termination.

amount

(a) Each year within 30 days prior to the anniversary date of his license, a licensee shall file with the Veterinarian in Charge a report, upon a form which will be furnished to him upon request, setting forth the gross dollar derived from the sale of dogs and cats to research facilities and other dealers during his preceding business year and such other information as may be requested thereon.

(b) Each license shall automatically terminate on its anniversary date unless on or before such date the report provided for in paragraph (a) of this section and the fee, by certified check, cashier's check, or money order, as set forth in § 2.6, have been filed with the Veterinarian in Charge. If such report and fee are not filed by the anniversary date, the licensee may obtain reinstatement of his license at any time within 30 days after such anniversary date by paying an additional fee of $10.

§ 2.9 Officers, agents, and employees of licensees whose licenses have been suspended or revoked.

Any person who has been or is an officer, agent, or employee of a licensee whose license has been suspended or revoked and who was responsible for or participated in the violation upon which the order of suspension or revocation was based will not be licensed within the period during which the order of suspension or revocation is in effect.

§ 2.10 Licensees whose licenses have been suspended or revoked.

Any person whose license has been suspended or revoked will not again be licensed in his own name or in any other manner within the period during which the order of suspension or revocation is in effect, and no partnership, firm or corporation in which any such person has a substantial financial interest will be licensed during said period.

REGISTRATION

§ 2.25 Requirements and procedures.

Each research facility shall register with the Secretary by completing and filing a properly executed form which will be furnished, upon request, by the Veterinarian in Charge. Such registration form shall be filed with such Veterinarian in Charge. Where a school or department of a university or college uses or intends to use dogs or cats for research, tests, or experiments, the university or college rather than the school or department will generally be considered the research facility and be required to register with the Secretary. In any situation in which a school or department of a university or college is a separate legal entity and its operations and administration are independent of those of the university or college, upon a proper showing thereof to the Secretary, the school or department will be registered rather than the university or college. A subsidiary of a business corporation, rather than the parent corporation, will be registered as a research facility unless the subsidiary is under such direct control of the parent corporation that to effectuate the purposes of the Act the Secretary determines that it is necessary that the parent corporation be registered.

§ 2.26 Acknowledgment of standards.

A copy of the applicable standards will be supplied with each registration form and the registrant shall acknowledge

(a) Except as otherwise provided in this section, when a Class "A" dealer sells or otherwise removes dogs or cats from his premises for delivery to a research facility or to another dealer, each such dog or cat shall be identified by an official tag of the type described in § 2.51 affixed to the animal's neck by means of a collar made of material generally considered acceptable to pet owners as a means of identifying their pet dogs or cats: 2 Provided, however, That no official tag need be affixed to any such dog that has been identified by means of a distinctive and legible tattoo marking acceptable to the Director.

(b) Except as otherwise provided in this section, when a Class "B" dealer purchases or otherwise acquires a dog or cat he shall immediately affix to such animal's neck an official tag of the type described in § 2.51 by means of a collar made of material generally considered acceptable to pet owners as a means of identifying their pet dogs or cats:2 Provided, however, That if such dog or cat is already identified with an official tag which has been applied by a previous dealer, he shall not remove such previously attached tag, but shall treat it as if he had applied it himself.

2 In general, well fitted collars made of leather or plastic will be acceptable under this provision. The use of certain types of chains presently used by some dealers may also be deemed acceptable. A determination of the acceptability of a material proposed for usage as collars from the standpoint of humane considerations will be made by the Division on an individual basis in consultation with dealers. The use of materials such as wire or elastic that might readily cause discomfort or injury to dogs or cats will not be acceptable.

(c) When any dealer has made a reasonable effort to affix an official tag to an adult cat as set forth in paragraphs (a) and (b) of this section and has been unable to do so, or when the cat exhibits extreme distress from the attachment of a collar and tag, the dealer shall attach the collar and tag to the door of the primary enclosure containing the cat and take proper measures to maintain the identity of the cat in relation to the tag.

(d) Unweaned puppies or kittens need not be individually identified as required by paragraphs (a) and (b) of this section while they are maintained as a litter with their dam provided she has been so identified.

Each dealer shall account for all official tags that he acquires. In the event an official tag is lost from the neck of a dog or cat while in the possession of a dealer a diligent effort shall be made to locate and reapply such tag to the proper animal. If the lost tag is not located, the dealer shall affix another official tag to the animal in the manner prescribed in § 2.50.

§ 2.55 Removal of tag.

(a) Upon arrival at a research facility of a dog or cat wearing or identified by an official tag, such tag shall be removed and retained by the research facility: Provided, however, That at the discretion of the research facility such tag may be used to continue the identification of such dog or cat.

(b) If a dealer or research facility finds it necessary to humanely dispose of a dog or cat to which is affixed or which is identified by an official tag, or upon the death of such dog or cat from other causes, the dealer or research facility shall remove and retain such tag.

(c) All official tags removed and retained by a dealer or research facility shall be held until called for by a Division representative or for a period not to exceed 1 year.

In connection with each dog and cat purchased or otherwise acquired, held, transported, or sold or otherwise disposed of, a dealer shall keep and maintain the following information on the forms supplied and in the manner prescribed by the Division:

(a) The name and address of the person from whom acquired, and the person to whom sold or otherwise disposed of, and his license number if licensed as a dealer;

(b) The dates of acquisition and disposition;

(c) The description and identification of the animals, including the official tag number or tattoo number as affixed pursuant to §§ 2.50 and 2.54.

(d) When dogs or cats are sold by a dealer, the method of transportation of such animals and (1) the name of the common carrier or (2) the license number or other identification of the means of conveyance and the name and address

of the driver of the means of conveyance; and

(e) The nature and method of disposition, e.g., sale, death, euthanasia, or donation.

§ 2.76 Records, research facilities.

(a) In connection with each dog and cat purchased or otherwise acquired, a research facility shall keep and maintain the following information on the forms supplied and in the manner prescribed by the Division:

(1) The name and address of the person from whom such animal was purchased or acquired, and his license number if licensed as a dealer;

(2) The date acquired; and

(3) The description and identification of such animal, including the official tag number or tattoo number, if one is affixed, and any identification number or letter assigned to the animal by such research facility.

(b) In connection with all dogs and cats transported, sold, or otherwise disposed of by a research facility to another person, such research facility shall keep and maintain, on forms supplied and in the manner prescribed by the Division:

(1) The name and address of the person to whom the animal is transported, sold, or otherwise disposed of;

(2) The date of such sale or disposition;

(3) The method of transportation; and

(4) The name of the common carrier, or the identification of the means of conveyance and the name and address of the driver of such means of convey

ance.

§ 2.77 Records disposition.

(a) Except as otherwise provided in paragraph (b) of this section, no dealer or research facility shall, within a period of 1 year from the making thereof, destroy or dispose of, without the consent in writing of the Director, any books, records, documents or other papers required to be kept and maintained under this part.

(b) The records required to be kept and maintained under this part shall be held for such period in excess of the 1 year period specified in paragraph (a) of this section as may be required to comply with any Federal, State, or local law. When the Director notifies a dealer or research facility in writing that specified records shall be retained pending

completion of an investigation or proceeding under the Act, such dealer or research facility shall hold such records until their disposition is authorized by the Director.

COMPLIANCE WITH STANDARDS AND
HOLDING PERIOD

§ 2.100

Compliance with standards.

Each dealer and research facility shall comply in all respects with the standards set forth in Part 3 of this subchapter setting forth the standards for the humane handling, care, treatment and transportation of animals: Provided, however, That such standards shall not apply to the handling, care, or treatment of animals during actual research or experimentation by a research facility as determined by such research facility. § 2.101 Holding period.

(a) All dogs and cats acquired by a dealer shall be held by him, under his supervision and control, for a period of 5 business days after the acquisition of such animals: Provided, however, That dogs or cats suffering from disease, emaciation or injury may be destroyed by euthanasia prior to the expiration of the 5-day holding period. Business day shall mean any day of the week during which the dealer normally operates his business.

(b) If the dealer obtains the prior approval of the Veterinarian in Charge, he may arrange to have another person hold such animals for him for the 5-day period provided for in paragraph (a) of this section: Provided, however, That such other person agrees in writing to comply with the Standards in Part 3 of this subchapter, and to allow inspection by a Division representative of his premises: And provided further, That the dogs and cats still remain under the control of the dealer.

§ 2.125

MISCELLANEOUS

Information as to business; furnishing of by dealers and research facilities.

Each dealer and research facility shall furnish to Division representatives, any information concerning the business of the dealer or research facility which may be requested by them in connection with the enforcement of the provisions of the Act, the regulations and the Standards in this subchapter, within such reasonable time as may be specified in the request for such information.

99-125-69-2

§ 2.126 Inspection of records and property of dealers and research facilities. Each dealer and research facility shall, upon request, during ordinary business hours, permit Division representatives, or other Federal officers or employees designated by the Secretary to enter his place of business to examine records required to be kept by the Act and the regulations in this Part, and to make copies of such records, and permit Division representatives to enter his place of business, to inspect such property and animals as such representatives consider necessary to enforce the provisions of the Act, the regulations and the standards in this subchapter. The use of a room, table, or other facilities necessary for the proper examination of such records and inspection of such property or animals shall be extended to such authorized representatives of the Secretary by the dealer or research facility, his agents and employees.

§ 2.127 Publication of names of dealers and research facilities.

Lists of persons licensed as dealers and lists of research facilities which are registered, pursuant to the provisions of this part, shall be published periodically by the Division in the FEDERAL REGISTER. Such lists may also be obtained upon request from the Veterinarian in Charge. § 2.128 Inspection for missing animals.

(a) Each licensed dealer and each research facility shall, upon request, during ordinary business hours, permit, under the following conditions, police or law officers of legally constituted law enforcement agencies with general law enforcement authority (not those agencies whose duties are limited to enforcement of local animal regulations) to enter the place of business of such dealer or research facility to inspect animals and records for the purpose of seeking animals that are missing:

(1) The police or law officer shall furnish to the dealer or research facility a written description of the missing animal and the name and address of its owner; and

(2) The police or law officer shall abide by all security measures required by the dealer or research facility to prevent the spread of disease, including the use of sterile clothing, footwear, and masks where required.

(b) Such Inspection shall not extend to animals that are undergoing actual

research or experimentation as determined by such research facility.

§ 2.129 Confiscation and destruction of animals.

If an animal being held by a dealer, or an animal being held by a research facility which is no longer required by such research facility to carry out the research test or experiment for which it has been utilized, is found by a Division representative to be suffering as a result of the failure of the dealer or research facility to comply with any provision of the Act or any provision of the regulations or the standards set forth in this subchapter, the Division representative shall notify the dealer or research facility of the condition of such animal and request that the condition be corrected and that adequate veterinary care be given when necessary to alleviate the animal's suffering, or that the animals be destroyed by euthanasia. In the event that the dealer or research facility refuses to comply with such request, the Division representative may confiscate and destroy such animal by euthanasia if in the opinion of the Director the circumstances warrant such action.