Guidelines and Legislation

Objective:

To identify all aspects of the controls placed on research animal use in the United States, and the organizations involved in that control. To familiarize the student with various organizations related to laboratory animal science.

Contents:

 

 

Introduction:

There are innumerable acts, laws, regulations, and guidelines governing the use of live (and sometimes dead) vertebrates in research, teaching, or testing. It is a confusing, cumbersome and frequently contradictory system that nobody seems to completely understand, including the agencies charged with oversight. Nevertheless, as scientists using animals in research and/or teaching you are expected to be familiar with the basics. Here I will focus on the regulations and guidelines that focus on animal welfare issues. However, there are many more that may affect your work, particularly those of you working with captive or free-ranging wildlife.

Two Acts that are of particular importance are the Animal Welfare Act and the Health Research Extension Act of 1985. These combined provide regulatory coverage of all live vertebrates (and some dead ones!) used in research. Combine these 2 Acts with the other guidelines, regulations, and policies set by various agencies and scientific organizations and you find that ALL vertebrates used at or by UAF are covered by some animal care and use policy or regulation.

 

University of Alaska Fairbanks

The UAF Institutional Animal Care and Use Committee has oversight for this University's Animal Care Program. This committee reports to the Chancellor through the Vice Provost for Research and handles all issues concerning the use of live animals. Briefly, the committee is comprised of the University's attending veterinarian, a research scientist from each of the departments, institutes or colleges that use animals, a member from the general public (non-scientitst) who is not affiliated in any way with the university, and a bioethicist.

The UAF Institutional Animal Care and Use Committee web site

 

Animal Use Policy Statements

Almost all scientific organization and groups have issued policy statements regarding the use of animals. Depending on your field of study I strongly recommend you seek out the policy set by your "home" organization.

 

Pertinent Regulatory Agencies (there are many more)

 

Pertinent Legislation

Federal:

NOTE: Most recent year of amendment may not be listed. Please send corrections to John Blake.

Interested in the U.S. Code? Click here for a useful site that allows you to look up material using popular names.

Code of Federal Regulations can be accessed here.

And the Federal Register can be accessed online here.

 

The Animal Welfare Act 1966 (as amended 1970, 1976, 1985, 1990):

Deals with the interstate movement and commercial dealing involving various species of animals. Regulates supply and care of animals destined for research facilities or exhibition. Oversight by Animal Care within the Animal and Plant Health Inspection Service (APHIS), United States Department of Agriculture (USDA).

The Health Research Extension Act 1985:

Calls for the proper care of animals, the proper treatment of animals (including proper veterinary medical support and nursing care); and the organization and operation of animal care and use committees. Covers ALL live vertebrates. Oversight by the Office of Laboratory Animal Welfare, NIH.

See Public Health Service Policy on Humane Care and Use of Laboratory Animals

Animal Enterprise Protection Act 1992:

An Act to protect "Animal Enterprises" (research, testing, and teaching facilities, zoos, circuses, farms, rodeos, fairs) from terrorism. Under this Act: Anyone who causes or plans to cause damage to an Animal Enterprise may be jailed (up to 1 year) and fined; Anyone causing serious bodily injury may be jailed (up to 10 years) and fined. Anyone causing death of an individual may be jailed (for life) and fined.

The Endangered Species Act 1969 (as amended 1973, 1978):

Implements CITES in the USA. Deals with the national and international commerce in the species listed by the US Department of the Interior as endangered or threatened as well as their protection from hunting, killing, taking and injuring. Protection is afforded to their habitat in that areas vital to their survival must not be put at risk by the activities of federal bodies.

The Lacey Act 1901 (as amended 1948, 1949, 1960, 1969, 1981):

Prohibits the interstate transport of wildlife which has been killed in violation of state laws.

 

The Bald Eagle Protection Act 1940 (as amended 1959, 1962, 1972):

Protects the national emblem of the USA, the bald eagle, by making it illegal to take or possess such birds or golden eagles (which are not always readily distinguishable), their eggs or nests. Under permit, they may be taken for scientific or educational purposes such as for museums and zoos.

The Migratory Bird Treaty Act 1916-1976:

These are based on various treaties with other countries and put restrictions on hunting, killing, taking and possession of birds protected by the treaties.

The Marine Mammal Protection Act 1972 (as amended 1973, 1976, 1988, 1994):

This protects species such as dolphins, whales and seals in respect of killing, harassment, hunting and capturing. It requires permits to be obtained to authorize possession and sale. Some exceptions are made for traditional hunting by indigenous populations.

The Humane Methods of Slaughter Act 1958 (as amended 1978):

Requires livestock (cattle, calves, horses, mules, sheep and swine) to be slaughtered by specific methods, including ritual slaughter. In addition, the Federal Meat Inspection Act 1958 (as amended 1979) provides for inspection of handling and slaughter methods for the foregoing species as well as other Equidae and goats to ensure compliance with the Humane Slaughter Act.

 The Horse Protection Act 1970 (as amended 1976):

 The Wild Horses and Burros Act 1971 (as amended 1978):

Provide protection from various forms of cruelty and the capture and killing of wild horses which live on federally owned public land.

The Twenty-eight Hour Law 1906:

Deals with interstate rail transport of animals destined for slaughter. It requires resting, feeding and watering periods and a restriction on transport for more than 28 hours without such breaks. The importance of this Act has declined with the increase in road transportation.

 

State of Alaska

Current Alaska Statutes plus links to previous years are here. You will be leaving this website so use your browser back button to return.

AS 11.61.140. Cruelty to Animals (Class A misdemeanor)

AS 11.61.145. Promoting an exhibition of fighting animals (Class B misdemeanor or a Class C felony)

AS 14.40.453 Confidentiality of Research

All IACUC Assurance of Animal Care forms consist of intellectual property or contain proprietary information. Therefore, our protocols are maintained as confidential documents under the Alaska Statute, Confidentiality of Research. However, if questioned, the University is expected to "... make available the title and a description of all research projects, the name of the researcher, and the amount and source of funding ...". None of this will be released prior to communication with the principle investigator.

 

International

European Convention for the Protection of Vertebrate Animals Used for Experimental and Other Scientific Purposes

Canadian Council on Animal Care

 

Guidelines:

In addition to the myriad of animal related Acts and legislation there are some important guidelines that you should be familiar with.

Laboratory Animals (including captive wildlife)

Guide for the Care and Use of Laboratory Animals

Field Biology

Please read Field Research Guidelines because it explains how the National Science Foundation altered oversight of field research by adopting Public Health Service Policy on Humane Care and Use of Laboratory Animals.

 

Agricultural Research

Although left out of most federal regulations, agricultural animals used in agricultural research are not ignored. There are guidelines set for these animals too:

Guide for the Care and Use of Agricultural Animals in Agricultural Research and Teaching, First Revised Edition. 1999. Federation of Animal Science Societies. 120pp.

 

The Well-Being of Agricultural Animals in Biomedical and Agricultural Reseaarch. Proceeding from a SCAW-sponsored conference, Agricultural Animals in Research, held September 6-7, 1990, Washington, D.C. 112pp.

General Statement on IACUC Inspection of Agricultural Facilities: IACUC facility inspection of agricultural research sites is approached from a slightly different perspective than other research facilities. This is founded in the perceived differences between conventional biomedical/biological research and agricultural research. However, the boundary is not well defined. Animals used in agricultural research are not covered under the Animal Welfare Act or Public Health Service Policy. Nevertheless, it is generally accepted that IACUCs should inspect facilities and review experimental and teaching protocols. At present, the available resources for an IACUC include: The Guide for the Care and Use of Agricultural Animals in Agricultural Research and Teaching (Federation of Animal Science Societies, 1999) and The Well-being of Agricultural Animals in Biomedical and Agricultural Research (1990). We expect staff, faculty and personnel engaged in agricultural research to be familiar with these documents. Based on these documents, the housing and care for farm animals on an Agricultural Research Facility should meet the standards that prevail on a high quality, well-managed farm. With this in mind, the UAF IACUC expects to see a well maintained facility, good record keeping, a well designed preventive medicine program, and above all, excellent performance of the livestock. This IACUC relies heavily on performance standards. Poor-doing animals and high morbidity/mortality rates may indicate substandard care or inadequate facilities. Maintaining animal health and well being requires cooperation between the researchers, the farm staff, the UAF Physical Plant, and the UAF IACUC.

 

 

 

 

References

  1. Guide for the Care and Use of Laboratory Animals. 1996. National Academy Press, Washington D.C. 1996.
  2. Public Health Service Policy on Humane Care and Use of Laboratory Animals. 1986. Reprinted March 1996. U.S. Department of Health and Human Services, Washington D.C. (Available from: Office of Laboratory Animal Welfare, National Institutes of Health, Bethesda, MD) 16pp.
  3. Animal Welfare Act. 1995. U.S. Code, Title 7, Sections 2131-2157. (Available from: Regulatory Enforcement and Animal Care, United States Department of Agriculture, Federal Building, Room 268, Hyattsville, MD 20872.) 18pp.
  4. Animal Welfare Regulations. Revised January 1999. Code of Federal Regulations, Title 9 (Animal and Animal Products), Subchapter A (Animal Welfare), Parts 1-3 (9CFR 1-3) (Available from: Regulatory Enforcement and Animal Care, United States Department of Agriculture, Federal Building, Room 268, Hyattsville, MD 20872.) 110pp.
  5. Field Research Guidelines: Impact on Animal Care and Use Committees. 1988. Editor: Barbara Orlans. Scientists Center for Animal Welfare, Bethesda, Maryland. 23pp.
  6. Guidelines for the Capture, Handling, and Care of Mammals as Approved by the American Society of Mammalogists (pdf file)
  7. Guidelines for the Use of Wild Birds in Research
  8. Guidelines for the Use of Fishes in Field Research
  9. Use of Fishes in Research
  10. Guidelines for the Use of Live Amphibians and Reptiles in Field Research
  11. Guide for the Care and Use of Agricultural Animals in Agricultural Research and Teaching, First Revised Edition. 1999. Federation of Animal Science Societies. 120pp.p.
  12. The Well-Being of Agricultural Animals in Biomedical and Agricultural Reseaarch. Proceeding from a SCAW-sponsored conference, Agricultural Animals in Research, held September 6-7, 1990, Washington, D.C. 112pp.
  13. Guide to the Care and Use of Experimental Animals, Volume 1, 2nd Edition. 1993. Canadian Council on Animal Care.
  14. Guide to the Care and Use of Experimental Animals, Volume 2. 1984. Canadian Council on Animal Care.

Last modified on Tuesday March 9, 2004 12:24 PM by John Blake