usda dog breeder license requirements

Instructions for no food or water are not acceptable unless directed by the attending veterinarian. We have acknowledged that the overall impact on biomedical research is difficult to assess. We are requiring that a "summary of all such exceptions * * *" be attached to the annual report (final rule Sec. (Sect.2.40 (a)(1)). If you continue to use this website without changing your cookie settings or you click "Accept" below then you are consenting to this. Any person interested in opening a kennel facility can contact the Animal Protection Office at 404-656-4914. (c) Carriers and intermediate handlers whose facilities fail to meet the minimum temperature allowed by the standards may accept for transportation or transport, in commerce, any live animal .... if the consignor furnishes to the carrier or intermediate handler a certificate executed by a veterinarian .... on a specific date which shall not be more than 10 days prior to delivery of such animal for transportation in commerce, stating that such live animal is acclimated to air temperatures lower than those prescribed in sections 3.141 and 3.142. As stated above, any member of the Committee can request full Committee review. It must also include the numbers of animals used in painful procedures for which pain-relieving drugs were not used and an explanation for withholding the drugs. If a full committee review is requested for a proposed activity, approval for that activity may be granted. I. The IACUC may use subcommittees composed of at least two Committee members and may invite ad hoc consultants to assist in conducting the evaluations, however, the IACUC remains responsible for the evaluations and reports as required by the Act and regulations. The proposed rules contained many new animal welfare provisions required by the statute which are not presently prescribed in the existing regulations. (b) Each research facility shall establish and maintain programs of adequate veterinary care as set forth in section 2.33(b)(1-5). (4) The applicant has failed to pay the application fee and the annual license fee as required in Secs. Although not specifically prohibited by the regulations, the attending veterinarian should not also be the IACUC chairman. 2.31 (d)(8)). Committee means the Institutional Animal Care and Use Committee (IACUC) established under section 13(b) of the Act. NOTE /4/ A list of the commercial manufacturers who produce these tags and are known to the Department may be obtained from the APHIS, REAC Sector Supervisor. We are removing the provision in the revised proposal which would allow research facilities to limit access of law enforcement officers searching for missing animals to those not undergoing actual research or experimentation. (a) (1) Any person who operates or wishes to operate as a dealer or exhibitor must have a valid license and must be at least 18 years old. The regulatory and economic burdens imposed upon the regulated public in this final rule have been substantially reduced by harmonizing the requirements contained in part 2 for research institutions with those imposed upon the large number of research facilities receiving funding under the Health Research Extension Act of 1985, Public Law 99-158, wherever consistent with our statutory mandate. (Sect. Section 2.40 Attending veterinarian and adequate veterinary care, dealers and exhibitors. Section 3.81 Environmental enhancement to promote psychological well-being (nonhuman primates). The latter requirement was added in the revised proposal in response to the numerous comments we received objecting that a separate, annual review would be costly and impractical. They must employ the attending veterinarian under formal, that is, contractual arrangements, that include regularly scheduled visits to the facility, to ensure that the program is properly implemented on an ongoing basis. (5) A description of any euthanasia method to be used. Written descriptions of all proposed activities that involve the care and use of animals must be available to all IACUC members. We do not believe that further clarification is necessary while we consider the comments received and develop regulations addressing the lighting requirements to be included in part 3. (iii) Sick, infirm, aged, or young dogs or cats. HHS suggested that such practices be addressed by the principal investigator and reviewed by the Committee. Ample opportunity for innovative research existed under the proposed rules, and is maintained in the final rules. Section 2.31(d) in general and section 2.31 (d)(1)(iv) through (xi) specifically. Confiscation and destruction of animals. The Licenses issued by the Bureau of Meat and Poultry Inspection are: Type 1: Establishments issued a Type I License shall be permitted to receive live animals and or poultry and/or meat and poultry products for slaughter and processing, under inspection, by Department Personnel. (1) If an animal being held by a research facility is not being used to carry out research, testing, or experimentation, and is found by an APHIS official to be suffering as a result of the failure of the research facility to comply with any provision of the regulations or the standards set forth in this subchapter, the APHIS official shall make a reasonable effort to notify this research facility of the condition of the animal(s) and request that the condition be corrected and that adequate care be given to alleviate the animal's suffering or distress, or that the animal(s) be destroyed by euthanasia. It also includes buildings or temporary structures set up at field sites where animals are maintained for more than 12 hours. (Sect 2.37(b)). (Sect. In the event an official tag is lost from a dog or cat while in the possession of a dealer or exhibitor, the dealer or exhibitor shall make a diligent effort to locate and reapply the tag to the proper animal. Under this provision, the research facility, through its Committee, is responsible for approving and allowing any innovations in research that are justified as necessary for scientific purposes. (2) To examine records required to be kept by the Act and the regulations. Food Safety & Consumer Protection Record of … 2.32 (c)(2)). (See 7 CFR part 3015, subpart V). If we determine to pursue this matter further, we will publish an advance notice of proposed rulemaking in the Federal Register soliciting public comments on whether the Agency should exercise this authority, and if so, what regulations and standards should apply. (a) Each dealer, exhibitor, intermediate handler, or carrier, shall, during business hours, allow APHIS officials: (2) To examine records required to be kept by the Act and the regulations in this part; (4) To inspect and photograph the facilities, property and animals, as the APHIS officials consider necessary to enforce the provisions of the Act, the regulations and the standards in this subchapter; and. The proposed requirement for deficiency notification reports and the 30-day correction period are removed from the final rule. Under the revised proposal, APHIS officials would have authority to attempt to notify the research facility that an animal is found suffering and that the situation must be corrected or the animal euthanized, when the animal "is no longer required" to carry out the research, test, or experiment for which it was utilized (revised proposal Sec. We do not believe that it is necessary to provide definitions of these terms. We received 269 comments (74 from members of the general public, 193 from members of the research or scientific community, and 2 from dealers) objecting to the proposed definition of the term, "major operative experiment." 2.129(a)). (b) Any research facility, dealer, exhibitor, or Federal research facility offering a nonhuman primate to a carrier or intermediate handler for transportation in commerce must securely attach to the outside of the primary enclosure used for transporting the nonhuman primate, written instructions for a 24-hour period for the in-transit food and water requirements of the nonhuman primate(s) contained in the enclosure. For the reasons set forth below, we are not adding any terms to the final rule to amend part 1 on the basis of these comments. In addition to rewriting the regulations to facilitate compliance by making them easier to understand, we are adding a new subpart which pertains exclusively to research facilities, and which consolidates all of the regulations in part 2 applicable to research facilities. 2.132 Procurement of random source dogs and cats, dealers. All kennel licenses expire on December 31 of each calendar year. Prompt implementation of these final rules will carry out many of the provisions for animal welfare mandated by Congress in amending the Act. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action will not have a significant economic impact on a substantial number of small entities. The analytical emphasis is on the incremental costs to be imposed on regulated establishments (research facilities, breeders, dealers, and exhibitors) when these regulations become effective. A copy of such certificate shall accompany the shipment to its destination and shall contain the information required in section 3.35 (c)(1)-(4). 2133). We received 269 comments (78 from members of the general public, 189 from members of the research or scientific community, and 2 from dealers) stating that the Secretary does not have the authority to establish committees with power to review or disapprove of research protocols for any reason, since this authority would deprive researchers of the scientific discretion necessary for the conduct of research. Retail pet store means any outlet where only the following animals are sold or offered for sale, at retail, for use as pets: Dogs, cats, rabbits, guinea pigs, hamsters, gerbils, rats, mice, gophers, chinchilla, domestic ferrets, domestic farm animals, birds, and coldblooded species. (3) The Institutional Official agrees, in writing, that the other person or premises is a recognized animal site under its research facility registration. (3) The method of transportation including the name of the carrier or person transporting the animal. It is the mandate of Congress that Committees assess animal care, treatment, and practices (7 U.S.C. 2.33(a)(1)). (B) Involve the Attending Veterinarian in planning and consultation. (See docket no. The Department disagrees with the opinion that animals will not receive improved animal care or benefits under the proposed rules. The analysis determined that implementation of the proposed rules would have a cost impact in excess of $100 million on the economy, thus it would be a "major rule." There has been considerable scientific data and increased public opinion that supports the intent of Congress to increase the level of animal care and treatment afforded to animals in regulated establishments. Thirty-eight commenters (1 member of the general public, 2 members of the research or scientific community, 2 exhibitors, and 33 dealers) objected to Federal regulation of intrastate commerce. 2.38(g) of this subpart; (6) A description of each dog or cat which shall include: (i) The species and breed or type of animal; (iii) The date of birth or approximate age; and. (d) A dealer who acquires a live dog or cat from another dealer must obtain the certification required by paragraph (b) of section 2.133 and attach that to any previous certification. The applicant is to acknowledge receipt of the regulations and standards and agree to comply with them by signing the application form or the license will not be issued or renewed. Section 2.33 - Attending veterinarian and adequate veterinary care. (Sect. (2) The $10 application fee must also be paid if an applicant is applying for a changed class of license. We believe that such an individual is qualified to supervise nonmedical aspects of care. 2.50 and in as close to consecutive numerical order as possible. In conducting the regulatory impact analysis, the Department decided early in the analysis that attempting to construct a coherent analytical framework to estimate potential compliance costs was inappropriate. (7) Review, approve, modify or withhold approval of significant changes in the care and use of animals. As we stated in the supplementary information accompanying the revised proposal, we have been charged with the responsibility of administering and enforcing the Animal Welfare Act, and implementing regulations, since the Act was enacted in 1966. For nearly 50 years, the U.S. Department of Agriculture (USDA) has enforced the Animal Welfare Act (AWA) to protect certain animals from inhumane treatment and neglect. L. 89-544), (commonly known as the Laboratory Animal Welfare Act), as amended by the Act of December 24, 1970 (Pub. This plan must be made available to APHIS upon request and to officials of any pertinent funding Federal agency. Application and Fees. Operative procedures conducted at field sites need not be performed in dedicated facilities but must be performed using aseptic procedures. 2.35(b)(2)(i), and must be retained pending completion of an investigation or proceeding under the Act. A licensee or applicant for an initial license shall not interfere with, threaten, abuse (including verbally abuse), or harass any APHIS official in the course of carrying out his or her duties. Words undefined in the following paragraphs shall have the meaning attributed to them in general usage as reflected by definitions in a standard dictionary. (5) To document, by the taking of photographs and other means, conditions and areas of noncompliance. 2.10 Licensees whose licenses have been suspended or revoked. We received 547 comments (103 from members of the general public, 442 from members of the research or scientific community, and 2 from dealers) stating that the revised proposal would interfere with research due to its rigidity, by not allowing the flexibility and innovations necessary for the optimal care and treatment of animals. (2) No person shall obtain live random source dogs or cats by use of false pretenses, misrepresentation, or deception. We are supplementing our proposals by requiring written notification of the Committee's disposition of each proposed activity involving the care and use of animals. (13) Indoor housing facilities for nonhuman primates (Section 3.76). (1) Each research facility shall comply in all respects with the regulations set forth in subpart C of this part and the standards set forth in part 3 of this subchapter for the humane handling, care, treatment, housing, and transportation of animals; Provided, however, That exceptions to the standards in part 3 and the provisions of subpart C of this part may be made only when such exceptions are specified and justified in the proposal to conduct the activity and are approved by the IACUC. Primary conveyance means the main method of transportation used to convey an animal from origin to destination, such as a motor vehicle, plane, ship, or train. As stated in the supplementary information accompanying the proposed rule for part 2, published March 31, 1987, 52 FR 10306, our experience has demonstrated the necessity for handling regulations to protect the welfare of all animals covered by the Act, and to enable the Department to better prosecute cases of inhumane handling and treatment. 2.31  (c) (6)). (iii) In the case of research facilities any exemption from these standards must be required by a research proposal or in the judgment of the attending veterinarian and must be approved by the Committee (Sect. The term "animal area" is used in the final regulations only with regard to free-living wild animals living in their natural habitat. (a)(1) The following categories of dogs or cats must not be kept in outdoor facilities unless that practice is specifically approved by the attending veterinarian. In this manner, dealers would not be able to avoid the licensing requirements of the regulations by calling themselves retail pet stores. Some animals, such as dogs and cats can tolerate lower temperatures than nonhuman primates, and different species of nonhuman primates have different temperature requirements. The Department’s Division of Animal Industry is responsible for ensuring animal and public health through control and eradication of infectious and contagious diseases in New York State livestock and poultry and implementation of pre-harvest food safety measures at the farm level. (5) A description of any euthanasia method to be used. Members of the IRAC were concerned that the 30-day correction period may not be uniformly appropriate for all deficiencies. (e) Animals that would otherwise experience severe or chronic pain or distress that cannot be relieved will be painlessly euthanized at the end of the procedure, or during the procedure, if appropriate. Animals which are leased shall be included in the number of animals being held by both the lessor and the lessee when calculating the annual fee. (Sect. 2.38(b)(2)). This final rule revises the regulations contained in 9 CFR 2.1 through 2.130. 2.31 (c)). 4. In the course of our further consultation with HHS and members of the IRAC following publication of the revised proposal, we recognized that because many, if not most, research activities last far longer than one year, it is more important that research facilities establish at the outset of the activity that the personnel involved in the care, use, and treatment of animals are properly qualified and trained to assure their humane care and treatment, and that the requirement of annual review would be unnecessary and burdensome in many instances. We received 237 comments (66 from members of the general public, 169 from members of the research or scientific community, and 2 from dealers) stating that there is no need for an animal care and use procedure, and therefore the term should be deleted. The information shall be furnished within a reasonable time as may be specified in the request for information. Commercial dog breeder annual reporting requirements An annual report must be submitted to the Minister for Agriculture each year and include the following information for that reporting period: the number of breeding and non-breeding dogs on the premises, including breed and sex of each dog The revised proposal would require, as part of the inspection of all animal study areas and facilities, that the Committee review "all practices and procedures involving pain to animals" and "the condition of all animals, in order to ensure compliance with the provisions of the Act to minimize pain and distress to the animals." The proposed amendments to the regulations and the regulations promulgated in this final rule reflect our many years of experience in implementing the Act. (a) "Each nonhuman primate that is 1 year of age or more must be offered food at least once every 24 hours. This requirement is derived from revised proposal Sec. (6) Sheltered housing facilities for dogs and cats. 2.31 (d)(5)). We do not agree with the commenters and believe that their concerns will not materialize upon implementation of the final rules. Five members of the research or scientific community stated that the regulations as proposed go beyond ensuring the humane care and use of laboratory animals. (3) Compatibility of nonhuman primates must be determined in accordance with generally accepted professional practices and actual observations, as directed by the attending veterinarian, to ensure that the nonhuman primates are in fact compatible. In developing these regulations, the Department has given full consideration to the input and comments received from regulated establishments, the general public, and interested Federal agencies to previous alternative regulatory proposals. Excluded from this definition are birds, rats of the genus Rattus and mice of the genus Mus, bred for use in research, horses not used for research purposes, and other farm animals used for food, fiber, or production purposes. 2.35(f)). (1) A research facility shall notify the AC Regional Director by certified mail of any change in the name, address, or ownership, or other change in operations affecting its status as a research facility, within 10 days after making such change (Sect. As promptly as practicable, USDA would submit the final rules to the Federal Register for publication. All diagnostic tests conducted on post mortem specimens shall be listed in the report, and the results of each test recorded. A. Strating,Acting Administrator, Animal and Plant Health Inspection Service. Hobby breeders are exempt from the USDA license, and defined as a breeder who sold the offspring of three breeding females or fewer. The proposed definition of "commerce" is taken directly from the statute. 2.33(b)(5)). Sandilands is the former editor of an international property news portal and an experienced dog breeder and trainer. To apply for a new cat or dog breeder license, submit a completed license application form (PDF) along with the applicable fee (see below).. As part of the application, you must provide a valid state sales tax identification number with your renewal application, as well as the names and addresses of each person who has a controlling interest of at least 25% in the … The husbandry, nutrition, and nonmedical care of the animals is to be directed by the attending veterinarian or other scientist trained and experienced in the proper care, handling, and use of the species being used (Sect. We are therefore revising the definition to mean the humane destruction of an animal accomplished by a method that produces rapid unconsciousness and subsequent death without evidence of pain or distress, or a method that utilizes anesthesia produced by an agent that causes painless loss of consciousness and subsequent death. 3.136 (c)). 2.33 (a)). (a) Each of the entities listed in paragraphs (a) (1) through (3) of this section that acquire any live dog or cat shall before selling or providing the    dog or cat to a dealer, hold and care for the dog or cat for not less than 5 full days after acquiring the animal not including the date of acquisition and excluding time in transit. (j) Holding period. It is anticipated that the largest economic impact on small entities would result from changes in part 3--"Standards." Fifteen commenters (9 members of the general public and 6 members of the research or scientific community) stated that all animals should be regulated under the Act, including rats and mice, and 6 members of the research or scientific community commented that rats and mice should not be excluded from the regulations. Facilities must develop, document and follow an appropriate plan for environmental enhancement to promote the psychological wellbeing of nonhuman primates. No person subject to the Animal Welfare regulations shall offer for transportation or transport....any live rabbit in a primary enclosure that does not conform to the requirements in section 3.61. (22) Veterinary care for marine mammals. 2145(a)). (Sect. (Sect. In Iowa, the company behind the dog-food label is licensed along with each product. (b)(1) During public exhibition, any animal must be handled so there is minimal risk of harm to the animal and to the public, with sufficient distance and/or barriers between the animal and the general viewing public so as to assure the safety of animals and the public.
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