2132(g)), the term animal includes, with certain exceptions, any live or dead dog, cat, monkey (nonhuman primate mammal), guinea pig, hamster, rabbit, or such other warmblooded animal, as the Secretary may determine is being used, or is intended for use for research, teaching, testing, experimentation, or exhibition purposes, or as a pet. Currently, part 3 consists of subparts A through E, which contain standards for specific animals, and subpart F, which sets forth general standards for warmblooded animals not otherwise specified in that part. Part 1 contains definitions for terms used in parts 2 and 3 part 2 provides administrative requirements and sets forth institutional responsibilities for regulated parties and part 3 contains specifications for the humane handling, care, treatment, and transportation of animals covered by the AWA. Regulations established under the AWA are contained in the Code of Federal Regulations (CFR) in 9 CFR parts 1, 2, and 3. Within APHIS, the responsibility for administering the AWA has been delegated to the Deputy Administrator for Animal Care. Department of Agriculture, responsibility for administering the AWA has been delegated to the Administrator of the Animal and Plant Health Inspection Service (APHIS). 2131 et seq.), the Secretary of Agriculture is authorized to promulgate standards and other requirements governing the humane handling, care, treatment, and transportation of certain animals by dealers, research facilities, exhibitors, operators of auction sales, and carriers and intermediate handlers. Under the Animal Welfare Act (AWA) (7 U.S.C. Jerry DePoyster, Senior Veterinary Medical Officer, Animal Care, APHIS, 4700 River Road Unit 84, Riverdale, MD 20737- 1234 (301) 734-7586. In addition, our advance notice of proposed rulemaking also requests public comment on issues related to the humane handling, care, treatment, and transportation of rats and mice covered by the AWA.ĭATES: This rule is effective June 5, 2004.įOR FURTHER INFORMATION CONTACT: Dr. In the Proposed Rules section of today's Federal Register, we are publishing an advance notice of proposed rulemaking in which we solicit comments from the public to aid in the development of regulations and standards for birds not specifically bred for use in research. This final rule is intended only to make the definition of animal in the regulations consistent with the definition of animal in AWA. To make the definition of animal in the regulations consistent with the definition of animal in the AWA, this final rule amends the regulations by narrowing the scope of the exclusion for birds to only those birds bred for use in research. While the definition of animal in the regulations has excluded rats of the genus Rattus and mice of the genus Mus bred for use in research, that definition has also excluded all birds (i.e., not just those birds bred for use in research). The Farm Security and Rural Investment Act of 2002 amended the definition of animal to specifically exclude birds, rats of the genus Rattus, and mice of the genus Mus, bred for use in research. SUMMARY: We are amending the Animal Welfare Act (AWA) regulations to reflect an amendment to the Act's definition of the term animal. *31513 AGENCY: Animal and Plant Health Inspection Service, USDA. With this amendment, only birds that are bred or used for the purpose of research will be excluded.Īnimal and Plant Health Inspection Service The definition in the Regulation has excluded mice and rats used for research, and all birds. The main change relates to mice, rats, and birds. The update to the Definition of Animal, in Section 1.1 of the Regulation, is simply made to make the definition of animal in the regulations more similar to that in the AWA.
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