The document discusses the Animal Welfare Act (AWA) which establishes minimum standards for the treatment of animals used in research, exhibitions, and commercial transport. It covers animals bred for research, exhibited to the public, or commercially transported. The AWA is enforced through licensing and inspections by the USDA. It does not cover all species and certain activities like farming are exempt. Over time, amendments have expanded coverage and strengthened standards of care.

1. Animal Law II CRJS 231 Hudson Valley Community College Valerie A. Lang, J.D., M.L.S.

3. Animal Welfare Act

4. The Animal Welfare Act (AWA; 7 U.S.C. 2131 et seq.) is intended to ensure the humane treatment of animals that are intended for research, bred for commercial sale, exhibited to the public, or commercially transported. Under the AWA, businesses and others with animals covered by the law must be licensed or registered , and they must adhere to minimum standards of care. Farm animals are among those not covered by the act.

5. SPECTRUM OF THOUGHT

6. Spectrum of Thought

8. Are different species or sources of animals more acceptable than others?

12. Interest of Animals, Scientific Progress

13. 1990 1998 2004 Dogs 109,992 70,541- 64,932- Cats 33,700 23,238- 23,640+ Primates 47,177 54,927+ 54,998+ Rabbits 399,264 288,222- 261,573-

19. The Animal Welfare Act 7 USC Sec. 2131

20. Originally called “Laboratory Animal Welfare Act”

21. Not a broad anti-cruelty law Does not deal with all species

31. SO what IS covered by the AWA?

38. Animal Welfare Act is a regulatory scheme of licenses and inspections to establish minimum conditions

40. APHIS’s Animal Care (AC) program oversees the AWA, under which more than 10,000 facilities were licensed or registered in FY2007 . That year, AC had total staff of more than 180 and an annual budget of $17.8 million.

41. AC officials make unannounced inspections of registered and licensed facilities to ensure compliance with all rules. Under the AWA, research facilities are to be inspected at least annually. Inspection frequency for other AWA-regulated facilities is based on risk; for example, moderate-risk facilities are to be visited about once yearly. APHIS inspectors also conduct searches to identify unlicensed or unregistered facilities.

42. Failure to correct deficiencies can result in confiscation of animals, fines, cease-and-desist orders, or license suspensions. AC inspectors conducted 18,600 inspections during FY2006 , which included pre-licensing as well as compliance inspections, according to APHIS. About 70% of all facilities have been in “complete compliance” with AWA requirements at the time of their most recent inspection, according to past USDA budget documents.

48. What was done to accomplish these goals?

49. 1966 Law ( 1) To protect owners of pet dogs and cats from theft , the law directed the Secretary of Agriculture to set up a regulatory program to license all dealers in dogs and cats and a system of record keeping was required for all dealers and research facilities .

50. 1966 Law (2) To prevent use or sale of stolen cats or dogs for purposes of research or experimentation, all animal dealers were required to register with the USDA , and research facilities were required to purchase dogs and cats from only licensed dealers.

51. 1966 Law (3) To establish humane standards for the treatment of dogs, cats and certain other animals by animal dealers and research facilities, the law directed the Secretary of Agriculture to provide humane care provisions enforceable through inspections (1966 law).

60. The Law does not require the elimination of pain and distress. Requires that pain and distress be “minimized”

70. Euthanized Humane Society (Private) City Pound (Govt.) Euthanized Pet Owners Stolen Collectors CLASS B DEALERS (Licensed) CLASS A DEALER (Private Breeders) Auctions Exhibitors CLASS C CLASS B DEALERS Purpose Bred Animals Profit Corp. Research & Testing Research Institution Vet & Medical Schools

71. To Discourage Use of Stolen Animals

72. The problem lies in someone stealing the animals and selling them to a licensed dealer. So, dealers are required to do their homework and require proof of ownership from those they purchase the animals from.

75. Definitions…

83. Average Length 540 DAYS! (Once violations are noted and get to the point where the person or entity is taken to court)

86. Horses used as pets, or for exhibition, or on farms

87. Farm Animals for Food

91. Animal Legal Defense Fund v. Glickman 2000

96. Institutional Animal Care Committees The primary statutory responsibility of the committee is to engage in inspections of the research facility at least twice a year.

105. Animal Law CRJS 230 Hudson Valley Community College Valerie A. Lang, J.D., M.L.S.