The Animal Welfare Act (Laboratory Animal Welfare Act of 1966, ) was signed into law by President
Lyndon B. Johnson
Lyndon Baines Johnson (; August 27, 1908January 22, 1973), often referred to by his initials LBJ, was an American politician who served as the 36th president of the United States from 1963 to 1969. He had previously served as the 37th vice ...
on August 24, 1966.
It is the main federal law in the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
that regulates the treatment of animals in research and exhibition. Other laws, policies, and guidelines may include additional species coverage or specifications for animal care and use, but all refer to the Animal Welfare Act (otherwise known as the "AWA") as the minimally acceptable standard for animal treatment and care. The
USDA
The United States Department of Agriculture (USDA) is the federal executive department responsible for developing and executing federal laws related to farming, forestry, rural economic development, and food. It aims to meet the needs of com ...
and
APHIS
''Aphis'' is a genus of insects in the family Aphididae containing at least 600 species of aphids. It includes many notorious agricultural pests, such as the soybean aphid '' Aphis glycines''. Many species of ''Aphis'', such as '' A. coreopsidis ...
oversee the AWA and the House and Senate Agriculture Committees have primary legislative jurisdiction over the Act. Animals covered under this Act include any live or dead cat, dog, hamster, rabbit, nonhuman
primate
Primates are a diverse order of mammals. They are divided into the strepsirrhines, which include the lemurs, galagos, and lorisids, and the haplorhines, which include the tarsiers and the simians (monkeys and apes, the latter including huma ...
, guinea pig, and any other
warm-blooded
Warm-blooded is an informal term referring to animal species which can maintain a body temperature higher than their environment. In particular, homeothermic species maintain a stable body temperature by regulating metabolic processes. The onl ...
animal determined by the Secretary of Agriculture for research, pet use or exhibition.
Excluded from the Act are
bird
Birds are a group of warm-blooded vertebrates constituting the class Aves (), characterised by feathers, toothless beaked jaws, the laying of hard-shelled eggs, a high metabolic rate, a four-chambered heart, and a strong yet lightweigh ...
s, rats of the genus ''Rattus'' (
laboratory rats
A laboratory rat or lab rat is a brown rat of the subspecies ''Fancy rat, Rattus norvegicus domestica'' which is bred and kept for scientific research. While Animal testing on rodents, less commonly used for research than mice (see laboratory mo ...
), mice of the genus ''Mus'' (
laboratory mice
The laboratory mouse or lab mouse is a small mammal of the order Rodentia which is bred and used for scientific research or feeders for certain pets. Laboratory mice are usually of the species ''Mus musculus''. They are the most commonly used ...
),
farm animals, and all
cold-blooded animals.
As enacted in 1966, the AWA required all animal dealers to be registered and licensed as well as liable to monitoring by Federal regulators and suspension of their license if they violate any provisions of the Animal Welfare Act and imprisonment of up to a year accompanied by a fine of $1,000.
As of the 1985 AWA amendment, all research facilities covered by the Animal Welfare Act have been required to establish a specialized committee that includes at least one person trained as a veterinarian and one not affiliated with the facility. Such committees regularly assess animal care, treatment, and practices during research, and are required to inspect all animal study areas at least once every six months. The committees are also required to ensure that alternatives to animal use in experimentation would be used whenever possible.
History
Worldwide, the first law to regulate animal experimentation was
Cruelty to Animals Act 1876
The Cruelty to Animals Act 1876 ( 39 & 40 Vict. c. 77.) was an Act of the Parliament of the United Kingdom which set limits on the practice of, and instituted a licensing system for animal experimentation, amending the Cruelty to Animals Act 1 ...
, passed by the
Parliament of the United Kingdom
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...
. It established a central governing body that reviewed and approved all animal use in research. After that, numerous countries in Europe adopted regulations regarding research with animals.
[
Although Congress discussed laboratory animal welfare in the early 1960s, there was not enough interest to pass legislation until articles published by '']Sports Illustrated
''Sports Illustrated'' (''SI'') is an American sports magazine first published in August 1954. Founded by Stuart Scheftel, it was the first magazine with circulation over one million to win the National Magazine Award for General Excellence twic ...
'' and ''Life
Life is a quality that distinguishes matter that has biological processes, such as signaling and self-sustaining processes, from that which does not, and is defined by the capacity for growth, reaction to stimuli, metabolism, energ ...
'' in 1965 and 1966, respectively, generated a public outcry.
The first article, written by Coles Phinizy, appeared in the November 29, 1965, issue of Sports Illustrated. The piece detailed the story of Pepper
Pepper or peppers may refer to:
Food and spice
* Piperaceae or the pepper family, a large family of flowering plant
** Black pepper
* ''Capsicum'' or pepper, a genus of flowering plants in the nightshade family Solanaceae
** Bell pepper
** Chili ...
the Dalmatian, a dog that disappeared from the yard of th
Lakavage family home
in Pennsylvania
Pennsylvania (; ( Pennsylvania Dutch: )), officially the Commonwealth of Pennsylvania, is a state spanning the Mid-Atlantic, Northeastern, Appalachian, and Great Lakes regions of the United States. It borders Delaware to its southeast, ...
. It was later discovered that Pepper had been stolen by "dog-nappers", was bought by a Bronx hospital, and had died during an experimental surgical procedure. On July 9, 1965, Representative Joseph Y. Resnick
Joseph Yale Resnick (July 13, 1924 – October 6, 1969) was an American inventor, World War II veteran and Democratic Party (United States), Democratic member of the United States House of Representatives from New York (state), New York (New York ...
introduced H.R. 9743 into the House of Representatives, a bill that would require dog and cat dealers, as well as the laboratories that purchased the animals to be licensed and inspected by the USDA. A hearing was held on September 30, 1965, and similar legislation was sponsored in the Senate.[ The (Laboratory) Animal Welfare Act of 1966 was signed into law on August 24, 1966.
In 1966, ''Life'' magazine published an article documenting the housing conditions at animal dealer facilities.] The article, titled "Concentration Camp for Dogs", featured pictures of skeletal dogs and described the neglectful conditions that the investigative journalists and Maryland State Police found at a Maryland dog dealer's farm. As a result of these articles, the public lobbied Congress to pass a Federal law that would institute animal housing and care standards.[
There was increasing evidence that dogs and cats kept as pets were being stolen by dealers, taken across states lines, and resold to research institutions for scientific experimentation.][ Many sportsmen supported national legislation because it was their hunting dogs that often went missing.
The Horse Protection Act (public Law 91-929) was passed in 1970 and protected horses against various damaging practices designed to produce aesthetically appealing horses, for example, "soring" the ankles to produce a high-stepping gait. Marine mammals as a class (]whale
Whales are a widely distributed and diverse group of fully aquatic placental marine mammals. As an informal and colloquial grouping, they correspond to large members of the infraorder Cetacea, i.e. all cetaceans apart from dolphins and ...
s, porpoise
Porpoises are a group of fully aquatic marine mammals, all of which are classified under the family Phocoenidae, parvorder Odontoceti (toothed whales). Although similar in appearance to dolphins, they are more closely related to narwhals an ...
s, seal
Seal may refer to any of the following:
Common uses
* Pinniped, a diverse group of semi-aquatic marine mammals, many of which are commonly called seals, particularly:
** Earless seal, or "true seal"
** Fur seal
* Seal (emblem), a device to impr ...
s, and polar bear
The polar bear (''Ursus maritimus'') is a hypercarnivorous bear whose native range lies largely within the Arctic Circle, encompassing the Arctic Ocean, its surrounding seas and surrounding land masses. It is the largest extant bear specie ...
s), for the most part, found protection under the passage of the Marine Mammal Protection Act
The Marine Mammal Protection Act (MMPA) was the first act of the United States Congress to call specifically for an ecosystem approach to wildlife management.
Authority
MMPA was signed into law on October 21, 1972, by President Richard Nixon ...
(Public Law 92-522) of 1972, which prevented extinction or depletion from indiscriminate taking, including hunting, harassment, capture, and killing (permitted takings, including for subsistence and research purposes, must be accomplished humanely, with "the least degree of pain and suffering practicable to the animal"). Endangered and threatened species were also protected with the passage in 1973 of the Endangered Species Act
The Endangered Species Act of 1973 (ESA or "The Act"; 16 U.S.C. § 1531 et seq.) is the primary law in the United States for protecting imperiled species. Designed to protect critically imperiled species from extinction as a "consequence of ec ...
(Public Law 93-205), which made illegal the purchase, sale, or transportation in interstate or foreign commerce any species found to be endangered, and also closely regulated commerce in any species threatened with extinction.[
]
Amendments
The Act was amended eight times (1970, 1976, 1985, 1990, 2002, 2007, 2008, and 2013) and is enforced by the USDA
The United States Department of Agriculture (USDA) is the federal executive department responsible for developing and executing federal laws related to farming, forestry, rural economic development, and food. It aims to meet the needs of com ...
through the Animal Care division of APHIS
''Aphis'' is a genus of insects in the family Aphididae containing at least 600 species of aphids. It includes many notorious agricultural pests, such as the soybean aphid '' Aphis glycines''. Many species of ''Aphis'', such as '' A. coreopsidis ...
(Animal and Plant Health Inspection Service).
In 1970, the Act was amended (Pub.L. 91–579) to include all warm-blooded animals used in testing, experimentation, exhibition, as pets or sold as pets.[ Certain cases could be exempted from such definitions unless they used live animal in substantial numbers. Fines were increased for those interfering with an investigation of an experimentation facility. Those found guilty of assaulting or killing Federal inspectors responsible for such tasks also faced additional sentencing. Basic treatment was expanded to include humane and reasonable handling of the animals, and required shelter from weather and temperature extremes, proper ventilation, adequate housing, decent sanitation, and adequate veterinary care at all stages in the animal's life.
The Act was further amended in 1976 (Pub.L. 94–279) to further regulate animal treatment during transportation. Animals were to be kept in adequately sized traveling accommodations, and to be kept from fighting amongst one another. The definition of animal was broadened to rid the law of the possible interpretation that dogs used for hunting, security, and breeding were not included in its protection.
The Act was amended in the ]Food Security Act of 1985
The Food Security Act of 1985 (P.L. 99–198, also known as the 1985 U.S. Farm Bill), a 5-year omnibus farm bill, allowed lower commodity price and income supports and established a dairy herd buyout program. This 1985 farm bill made changes in a ...
(Pub.L. 99–198). Under this law, it was not permitted for a single animal to be used in more than one major operative experiment, from which it was also allowed adequate time to recover as guided by a veterinarian with proper training. This amendment directed new minimum standards for the handling, housing, sanitation, feeding and other care practices. The psychological well-being of the animals was now taken into consideration as it never had been before. One provision that stood out at this time was the requirement for the exercise of dogs and psychological well being of primates. The law also requires research facilities to be able to describe painful practices as well as implement practices that minimize pain and stress to the animals. Another requirement made under this law was for each research facility to establish an Institutional Animal Care and Use Committee (IACUC) to oversee research proposals and provide oversight of animal experimentation. The Food Security Act also established an information center at the National Agricultural Library, th
Animal Welfare Information Center
to assist researchers in searching scientific literature for alternatives to animal use.
In 1990, The Food, Agriculture, Conservation, and Trade Act of 1990
The Food, Agriculture, Conservation, and Trade (FACT) Act of 1990 — P.L. 101-624 (November 28, 1990) was a 5-year omnibus farm bill that passed Congress and was signed into law.
This bill, also known as the 1990 farm bill, continued to move ag ...
was amended by adding SEC. 2503, Protection of Pets (Pub.L. 101–624). This section established a holding period for cats and dogs of not less than 5 days at a holding facility of the dealer, so that the animal could be adopted or recovered by their original owner before it is sold. The provision applies to operated pounds, research facilities, or private organizations. It also requires that a written certification with the animal's background be provided to the recipient. Details should include a description of the animal, history of the animal's transfers, records, and modifications, and signatures from the dealer and recipient. Repeat violations of this section are subject to a $5000 fine per cat or dog acquired or sold. Three or more violations could result in the dealer's license being permanently revoked.
Prior to the Animal Welfare Act, animal welfare law was largely reactive and action could only be taken once an animal had suffered unnecessarily.
In 2002, Title X, Subtitle D, of the Farm Security and Rural Investment Act amended the Animal Welfare Act of 1966 by changing the definition of animal (Pub.L. 107–171). Section 2 of the Animal Welfare Act (7 U.S.C. 2132) was amended by changing exclusions specifically to birds, rats of the genus ''Rattus'', and mice of the genus ''Mus'' to use in research. Additionally, this law expanded the regulation of animal fighting
A blood sport or bloodsport is a category of sport or entertainment that involves wikt:bloodshed, bloodshed. Common examples of the former include combat sports such as cockfighting and dog fighting, and some forms of hunting and fishing. Acti ...
, making it a misdemeanor to ship, exhibit, or sponsor birds for fighting purposes. Penalties under this section could result in a fine of $15000.
In 2007, The Animal Fighting Prohibition Reinforcement Act amended section 26 of the Animal Welfare Act (Pub.L. 110–22). Its purpose was to strengthen prohibitions against animal fighting, and under the provisions of the AWA it made animal fighting a felony with punishment of up to 3 years in prison under Title 18 of the U.S Code( Crimes and Criminal Procedure). The act also made it a felony to trade, have knives, gaffs or other objects that aided in use of animal fighting. Also, these provisions were designed to close the loopholes from the 2002 amendments.
In 2008, the Food, Conservation, and Energy Act of 2008
The Food, Conservation, and Energy Act of 2008 (, also known as the 2008 U.S. Farm Bill) was a $288 billion, five-year agricultural policy bill that was passed into law by the United States Congress on June 18, 2008. The bill was a continuation ...
, added several new amendments to the Animal Welfare Act (Pub.L. 110–246). It added more prohibitions to training, possessing and advertising animals or sharp objects for use in animal fighting. The penalties for these crimes were raised to 3–5 years imprisonment. The 2008 amendments also prohibited imports for resale of dogs unless they were at least six months of age, have all necessary vaccinations and are in good health. Furthermore, fines for violations of the Animal Welfare Act increased from $2500 to $10,000 per violation, per animal and per day.
In 2013, "An Act to Amend the Animal Welfare Act to Modify the Definition of 'Exhibitor'," added ''an owner of a common, domesticated household pet who derives less than a substantial portion of income from a nonprimary source (as determined by the Secretary) for exhibiting an animal that exclusively resides at the residence of the pet owner,'' after ''stores,'' in section 2(h).
Legislative and regulatory documents tracing the history of the Animal Welfare Act can be found on th
Animal Welfare Act History Digital Collection
Licensing and registration
The U.S Department of Agriculture (USDA
The United States Department of Agriculture (USDA) is the federal executive department responsible for developing and executing federal laws related to farming, forestry, rural economic development, and food. It aims to meet the needs of com ...
) requires businesses that either buy or sell warmblooded animals, exhibit them to the public, transport them commercially, or use them in teaching or experiments, must be licensed or registered. Failure to become licensed or registered is a punishable violation of the Animal Welfare Act. Depending on the basis of the business, the Animal and Plant Health Inspection services (APHIS
''Aphis'' is a genus of insects in the family Aphididae containing at least 600 species of aphids. It includes many notorious agricultural pests, such as the soybean aphid '' Aphis glycines''. Many species of ''Aphis'', such as '' A. coreopsidis ...
) determines whether the business should be licensed, registered, or both. Business owners are responsible for knowing about registration and licensing requirements.
Businesses and activities covered
Federal animal care standards mainly cover humane handling, housing, space, feeding, sanitation, shelter from extremes of weather, adequate veterinary care, transportation, and handling in transit. The same standards of animal care apply to all registered and licensed businesses. To make sure the regulation and standards are followed, APHIS field inspectors make periodic unannounced visits to all locations where animals are held.
If any facility does not meet federal standards when they apply for a license or registration, they can receive up to three inspections within a period 90 days to correct any problems. The licenses are not issued until all problems are corrected. The facilities have to wait for a minimum of 6 months before reapplying for a license if they do not pass inspection within the 90-day period. Legal action results if the facility operates a regulated business without a license.[
Under the Animal Welfare Act, exhibitors and animal dealers must obtain a license, for which an annual fee is charged. APHIS does not issue a license until it inspects the facility and finds it to be in compliance with its regulations. Research facilities and animal transporters do not need a license, but must be registered with APHIS.]
Animal dealers
Animal dealers are people who sell animals bred at their facility. Examples of dealers include pet and laboratory animal breeders and brokers, auction operators, and everyone who sells exotic or wild animals, or dead animals or their parts. They must be licensed under class "A" or "B". Class A licenses are given to breeders who deal only in animals they breed and raise. Class B licenses are given to people who buy and sell animals they did not raise. Exempt from the law and regulations are retail pet stores, those who sell pets directly to pet owners, hobby breeders, animal shelters, and boarding kennels. The annual license fee for licensed animal dealers (Class A or B) ranges from $30 to $750, depending on the annual dollar volume of business in regulated animals. An annual application fee of $10 must be paid with all yearly license renewal applications.
Exhibitors
An exhibitor is a business or a person that displays animals to the public. Exhibitors must be licensed by APHIS under Class C licenses. Exhibitors include zoo
A zoo (short for zoological garden; also called an animal park or menagerie) is a facility in which animals are kept within enclosures for public exhibition and often bred for Conservation biology, conservation purposes.
The term ''zoological g ...
s, educational displays or exhibits, marine mammal shows, circus
A circus is a company of performers who put on diverse entertainment shows that may include clowns, acrobats, trained animals, trapeze acts, musicians, dancers, hoopers, tightrope walkers, jugglers, magicians, ventriloquists, and unicyclist ...
es, carnival
Carnival is a Catholic Christian festive season that occurs before the liturgical season of Lent. The main events typically occur during February or early March, during the period historically known as Shrovetide (or Pre-Lent). Carnival typi ...
s, and animal acts. The law and regulations exempt agricultural shows and fairs, horse shows, pet shows, game preserve
Game preservation is maintaining a stock of game to be hunted legally. It includes:
*Preventing poaching
*Preventing losses due to attack by predators.
*Encouraging breeding, and sometimes captive breeding for release.
Britain
Until hand-held gun ...
s, hunting events, and private collectors who do not exhibit. The annual license fee for Class C licensed animal exhibitors ranges from $30 to $300, depending on the number of regulated animals held. In addition to the annual license fee, an application fee of $10 must be paid with all yearly license renewal applications.
Transporters
A person with a commercial business that moves animals from one location to another is considered a transporter under the AWA. Animal transporters must be registered, including general carriers such as trucking companies, airlines, and railroads. Businesses that contract to transport animals for compensation are considered dealers and must have licenses.
Research facilities
Research facilities are those that use animals for teaching, experimentation, surgery, or testing purposes. Research facilities must be registered, and include state and local government-run research laboratories, universities, and colleges, diagnostic laboratories, and pharmaceutical firms. Federal facilities, elementary and secondary schools, and agricultural research institutions are among those exempt from registration.
Exclusions
There is much debate as to the actual definition of an animal, but for the purpose of AWA, birds, rats, mice, horses, and other farm animals were excluded from its protection as initially legislated in 1966.[ The most commonly used animals in laboratories are rats and mice, and therefore they were not regulated in the original law. Purpose-bred rats of the genus Rattus and mice of the genus Mus are not covered by the Animal Welfare Act, but are regulated under PHS policy which applies only to research receiving federal funding from certain federal agencies, including the NIH. These are not federal laws but conditions of funding.
Certain conditions are also excluded from coverage by AWA. Animals that are killed prior to usage, such as frogs used in a biology class, are also not included, so long as they are killed humanely.
Facilities that do not receive Federal funding, such as bear armories, were also not covered by the Act.
In January 2015 Michael Moss of '']The New York Times
''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'' published an exposé on the alleged mistreatment of research animals at the U.S. Meat Animal Research Center
The Roman L. Hruska U.S. Meat Animal Research Center (USMARC) is a livestock research facility in Clay Center, Nebraska. The center researches methods for increasing the efficiency of livestock production. The center maintains around 30,000 animal ...
. Among other things, Moss's article asserted that the center had no veterinarians on its staff, with surgical procedures done by workers without veterinary degrees or licenses; and that the Act contains an exemption for farm animals used in agricultural research, which exemption covers the USMARC's activities.
Enforcement
Investigations and inspections
APHIS's Animal Care (AC) program oversees the AWA, which includes about 10,300 facilities. These AC officials make unannounced facility inspections to ensure they are in compliance with regulations, and to identify unregistered facilities. They make such inspections or investigations of any dealer, exhibitor, research facility, handler, carrier, or operator of an auction sale, to determine if they have violated provisions under this chapter. Under the Animal Welfare Act, these facilities are to be inspected at least once a year, with follow-up inspections conducted until deficiencies are corrected. If deficiencies are found, failure to correct them could result in fines, cease and desist
A cease and desist letter is a document sent to an individual or business to stop alleged illegal activity. The phrase "cease and desist" is a legal doublet, made up of two near-synonyms. The letter may warn that, if the recipient does not dis ...
orders, suspensions, confiscation of animals and loss of licensing. There are also penalties for interfering with inspections.
Violations
If the Secretary of Agriculture
The United States secretary of agriculture is the head of the United States Department of Agriculture. The position carries similar responsibilities to those of agriculture ministers in other governments.
The department includes several organi ...
has any reason to suspect that any licensed dealer, carrier, or operator violates any provision of the AWA, then their license may be suspended temporarily, but not to exceed 21 days, until a hearing is held. After the hearing, the license may be revoked if the violation is determined to have occurred.
Any dealer, carrier, exhibitor, handler, operator, or research facility that violates any provision of the AWA may be assessed a penalty of no more than $10,000 for each violation. Any person who knowingly fails to obey an order made by the Secretary of Agriculture is subject to a civil penalty of $1,500 for each offense.
Any dealer, exhibitor, carrier, handler, auction operator, or research facility may seek a review of an order within 60 days at the United States Court of Appeals
United may refer to:
Places
* United, Pennsylvania, an unincorporated community
* United, West Virginia, an unincorporated community
Arts and entertainment Films
* ''United'' (2003 film), a Norwegian film
* ''United'' (2011 film), a BBC Two fi ...
.
Incidents
The 2006 HBO
Home Box Office (HBO) is an American premium television network, which is the flagship property of namesake parent subsidiary Home Box Office, Inc., itself a unit owned by Warner Bros. Discovery. The overall Home Box Office business unit is ba ...
film ''Dealing Dogs'' documents an undercover operation targeting a "Class B" kennel which treated dogs inhumanely, violating the Act. The owners of the kennel were fined over $200,000 as the result of a USDA suit.
In 2011, the Dollarhite family of Nixa, Missouri, were fined $90,643 for selling several thousand dollars worth of rabbits without a license, which is required of people selling more than $500 worth of rabbits sold as pets. The USDA has increased enforcement of the law in recent years, targeting magicians who perform magic tricks with rabbits.
In 2013, the USDA found that China Southern Airlines
China Southern Airlines Company Limited is an airline headquartered in Baiyun District, Guangzhou, Baiyun District, Guangzhou, Guangdong Province and is the largest airline in China. Established on 1 July 1988 following the restructuring of ...
had improperly transported over a thousand monkeys without federal permission in insecure crates. The airline was forced to pay $26,038 worth of fines after over a dozen of them died.
Court cases
''International Primate Protection League v. Institute for Behavioral Research''
In 1981, a graduate student and PETA
Peta or PETA may refer to:
Acronym
* Pembela Tanah Air, a militia established by the occupying Japanese in Indonesia in 1943
* People for the Ethical Treatment of Animals, an American animal rights organization
* People Eating Tasty Animals, an ...
member, Alex Pacheco, volunteered at a research center in Silver Spring, Maryland
Silver Spring is a census-designated place (CDP) in southeastern Montgomery County, Maryland, United States, near Washington, D.C. Although officially unincorporated, in practice it is an edge city, with a population of 81,015 at the 2020 censu ...
. At the time, Edward Taub
Edward Taub (born 1931, Brooklyn New York) is a behavioral neuroscientist on the faculty at the University of Alabama at Birmingham. He is best known for his involvement in the Silver Spring monkeys case and for making major breakthroughs in the ...
was conducting research on monkeys for neuroplasticity purposes at that center. While Alex spent time at the research center, he noticed the inhumane treatment of the monkeys under the AWA and reported it to the police. He filed suit against Edward Taub, who was researching afferent ganglia
A ganglion is a group of neuron cell bodies in the peripheral nervous system. In the somatic nervous system this includes dorsal root ganglia and trigeminal ganglia among a few others. In the autonomic nervous system there are both sympatheti ...
. Edward Taub was convicted of six animal cruelty charges, which were appealed in the second trial. They proved to be significant in the understanding of the law. While this case provided an advancement in neurology research, it was doing so only by risking inhumane treatment of animals.
As the court wrote in its opinion:
To imply a cause of action in these plaintiffs might entail serious consequences. It might open the use of animals in biomedical research to the hazards and vicissitudes of courtroom litigation. It may draw judges into the supervision and regulation of laboratory research. It might unleash a spate of private lawsuits that would impede advances made by medical science in the alleviation of human suffering. To risk consequences of this magnitude in the absence of clear direction from the Congress would be ill-advised. In fact, we are persuaded that Congress intended that the independence of medical research be respected and that administrative enforcement govern the Animal Welfare Act.
''Animal Legal Defense Fund v. Glickman''
In 1998, a court case was argued on behalf of the Animal Legal Defense Fund v. Daniel Glickman (then the Secretary of Agriculture
The United States secretary of agriculture is the head of the United States Department of Agriculture. The position carries similar responsibilities to those of agriculture ministers in other governments.
The department includes several organi ...
), for the inhumane treatment of a primate named Barney at a Long Island game farm park and zoo. A man named Marc Jurnove had visited this park on a regular basis and noticed this primate had been neglected. He filed suit against the USDA for failing to meet the minimum standards under the AWA and his allegations were supported by investigations. The U.S. Court of Appeals, D.C. Circuit Court ruled that he had standing to sue. The merits of the case were determined by a later case: ''Animal Legal Defense Fund v. Glickman'', 204 F.3d 229 (2001), in which the Court rejected Jurnove's argument and upheld the validity of the USDA regulations.
''907 Whitehead Street, Inc. v. U.S. Secretary of Agriculture''
In 2012, in the case of '' 907 Whitehead Street, Inc. vs U.S. Secretary of Agriculture'' (USDA), the plaintiff challenged the jurisdiction of the USDA and its Animal and Plant Health Inspection Service
The Animal and Plant Health Inspection Service (APHIS) is an agency of the United States Department of Agriculture (USDA) based in Riverdale, Maryland responsible for protecting animal health, animal welfare, and plant health. APHIS is the lead ...
to regulate the Ernest Hemingway Home and Museum as an animal exhibitor. The museum is home to dozens of polydactyl
Polydactyly or polydactylism (), also known as hyperdactyly, is an anomaly in humans and animals resulting in supernumerary fingers and/or toes. Polydactyly is the opposite of oligodactyly (fewer fingers or toes).
Signs and symptoms
In humans ...
cats, the progeny of a cat that Ernest Hemingway
Ernest Miller Hemingway (July 21, 1899 – July 2, 1961) was an American novelist, short-story writer, and journalist. His economical and understated style—which he termed the iceberg theory—had a strong influence on 20th-century fic ...
was given as a pet when he lived there during the 1930s. Following a complaint by a museum visitor, the USDA visited the museum and in October 2003, determined that the Museum was an animal exhibitor subject to regulation under the AWA because the Museum exhibited the cats for the cost of an admission fee, and the cats were used in promotional advertising. Under USDA regulations, the museum is required to obtain a USDA exhibitor's license, give each cat a tag for identification purposes, provide additional resting surfaces within their existing enclosures, and introduce one of several specified improvements required to ensure the cats remain contained to the museum's grounds. The museum challenged on several grounds the USDA's authority in the case, noting that the Hemingway cats do not have an effect on interstate commerce
The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and among ...
sufficient to merit federal regulation. As of December 2012, the case had reached the United States Court of Appeals for the Eleventh Circuit
The United States Court of Appeals for the Eleventh Circuit (in case citations, 11th Cir.) is a federal court with appellate jurisdiction over the following U.S. district courts:
* Middle District of Alabama
* Northern District of Alabama
* ...
, which upheld earlier district court rulings.
Public relations
The USDA enforces the AWA and conducts regular inspections. Animal care will perform inspections in response to public concerns for the conditions of regulated facilities. They encourage individuals to report unregulated facilities that may require licenses or registration. Many state and local governments have animal welfare laws of their own.
Animal care seeks to educate the public and create a cooperative relationship with licensed and registered entities, the animal protection community, and other Federal and State agencies. To accomplish this goal, Animal care conducts workshops regarding minimum care standards as outlined in the AWA.[
]
Proposed amendments
Many animal welfare groups and animal activists support strengthening and further enforcement of the act. The act is often criticized for its exclusions of rats and mice, which are the most widely used laboratory animals. Although the act was amended to include all warmblooded animals in 1970, birds, mice, and rats were subsequently excluded in 2002. Some, however, feel that additional animals that are not warmblooded, should be included in the act's protection. Some members of Congress have supported additional funding for enforcing the act.[ Chris Smith (March 3, 2012)]
"Animal Welfare Enforcement."
/ref>
There have been numerous sanctions taken against individuals and agencies that have been found in violation. A database of violations, reports, and sanctions on behalf of the United States Department of Agriculture
The United States Department of Agriculture (USDA) is the United States federal executive departments, federal executive department responsible for developing and executing federal laws related to farming, forestry, rural economic development, ...
(USDA) can be found on th
Animal and Plant Health Inspection Service website
See also
*Animal Welfare Act 2006
The Animal Welfare Act 2006 (c 45) is an Act of the Parliament of the United Kingdom.
Overview
It is the first signing of pet law since the Protection of Animals Act 1911, which it largely replaced. It also superseded and consolidated more tha ...
*Animal Welfare Institute
The Animal Welfare Institute (AWI) is an American non-profit charitable organization founded by Christine Stevens in 1951 with the goal of reducing suffering inflicted on animals by humans. It is one of the oldest animal welfare organizations in ...
*The Humane Society of the United States
The Humane Society of the United States (HSUS) is an American nonprofit organization that focuses on animal welfare and opposes animal-related cruelties of national scope. It uses strategies that are beyond the abilities of local organizations. ...
References
Further reading
*Irvine, Leslie. 2009. ''Filling the Ark: Animal Welfare in Disasters''. Philadelphia: Temple University Press.
*Alix Fano
''Lethal Laws''
(White Lotus Co. Ltd, 1997).
*Bekoff, Marc
''Encyclopedia of Animal Rights and Animal Welfare''
vol. 1, 2nd ed. (ABC-CLIO, 2010).
*Jann Hau and G. L. Van Hoosier
''Handbook of Laboratory Animal Science: Essential principles and practices''
External links
Animal Welfare Act
an
Animal Welfare Regulations
from the United States Department of Agriculture
The United States Department of Agriculture (USDA) is the United States federal executive departments, federal executive department responsible for developing and executing federal laws related to farming, forestry, rural economic development, ...
Animal Welfare Act History Digital Collection
from the National Agricultural Library (U.S.)
Animal Welfare Information Center
National Agricultural Library (USDA)
{{DEFAULTSORT:Animal Welfare Act Of 1966
89th United States Congress
Cruelty to animals
Animal welfare and rights legislation in the United States