Historic, Archive Document i Do not assume content reflects current scientific knowledge, policies, or practices. ■ #5 .T^iV Title 7— AGRICULTURE ;-:; r ; .> -v ...-h/ .- Chapter III— Animal and Plant Health Service, Department of Agriculture PART 301— DOMESTIC QUARANTINE NOTICES PART 30244>ICTRICT OF COLUMBIA; MOVEMENT AF PLANTS AND PLANT PRODUCTS PART 31 8——HAWAIIAN AND TERRI- TORIAL QUARANTINE NQjlC ES PART 319— FOREIGN QUARANTINE NOflCES PART 320— MEXICAN BORDER REGULATIONS PART 321— RESTRICTED ENTRY : ORDERS PART 322— IMPORTATION OF ADULT HONEYBEES ' INTO THE UNITED STATES PART 330— FEDERAL PLANT PEST REGULATIONS; GENERAL; PLANT PESTS; SOIL, STONE; AND QUARRY PRODUCTS; GARBAGE PART 331— PLANT PEST REGULA- TIONS GOVERNING INTERSTATE MOVEMENT OF CERTAIN PROD- UCTS AND ARTICLES PART 351— IMPORTATION OF PLANTS OR PLANT PRODUCTS BY MAIL PART 352— PLANT QUARANTINE / SAFEGUARD REGULATIONS PART 353 — PHYTOSANITARY EXPORT CERTIFICATION PART 354— OVERTIME SERVICES RE- LATING TO IMPORTS AND EXPORTS PART 370— PUBLIC INFORMATION Organizational .and editorial Amendments to Chapter Under authority delegated at 36 FR. 2070.7, the provisions in Parts 301, 302, 318, 319, 320, 321, 322, 330, 331, 351, 352, 353, 354, and 370 of Title 7 Code of Fed- eral Regulations, are hereby amended, as follows, piirusant to the statutory au- thorities under which such provisions were issued: if : ; . ? 1. The heading for Part 330 is amended to read as set forth above. 2. Wherever in the provisions of the parts cited above, reference is made to the Agricultural Research Service, such provisions are changed to refer to the Animal and Plant Health Service. 3. Wherever in the provisions of the parts cited above, reference is made to the Division, Plant Protection Division, Plant Pest Control Division, or Agricul- tural, Quarantine Inspection Division, such provisions are changed to refer to ?’ the .Plant Protection and Quarantine^ Programs. 4. i Wherever in the. provisions of the parts cited above* references made to the Director, the Director of we Division, the Director of the Plan ; Protection Divi- sion, or the Director of me Agricultural Quarantine Inspection Division; such provisions are changed to refer to the Deputy; Administrator, Plant Protection and Quarantine Programs. 5; Wherever in’ tile provisions of the parts cited above, reference is made to. the Agricultural Marketing Sendee, such provisions are changed to refer to the Consumer and Marketing Service} Effective date. The foregoing amend- ments shall become effective upon pifb- ■ lication in the Federal Register (12— 24-71). < L These amendments are either of an or- ganizational nature or merely editorial. They reflect the transfer of functions of the Agricultural Quarantine Inspection Division and the Plant Protection Divi- sion formerly of the Agricultural Re- search Service to the newly established Animal and Plant Health Service. All 24917 and the Agricultural Quarantine Inspec- tion Division are currently- being per- formed by Plant Protection and Quaran- tine Programs, Animal and Plant Health Service. The amendments do not sub- stantially affect any member qf the pub- lic. Accordingly, under the administra- tive procedure provisions in 5 U.S.C. 553, it is found upon good cause that notice and other public procedure concerning the amendments are impracticable and unnecessary, and good cause is found for making the amendments effective less than 30 days after publication in the Federal Register. This document terminates the. delega- tion of authorities of November 24, 1971 (36 FJEt. 22357) insofar as said delegation is inconsistent herewith. Done at Washington, D.C., this 21st day of December 1971. .> - E. J.. Mttlhern, Administrator, Animal and Plant Health Service. [FR Doc .71—10820 Filed 12-23-71; 8:46 am] Title 9— ANIMALS AND ANIMAL j PRODUCTS Chaptjer I — Animal and Plant Health Service, Department of Agriculture SUBCHAPTER A — ANIMAL WELFARE MISCELLANEOUS AMENDMENTS TO . CHAPTER Statement of considerations. The Act of August 24, 1966 (Public Law 8^-544) , was extensively amended by the Animal Welfare Act of 1970 (jPiblic Law 91-579) (7 U.S.C. 2131 et seqi) Such revision of the previous legislation necessitates or makes appropriate'inumerous changes in, arid additions t6jl\ the regulations and standards governing j the humane care and handling, treatment, and transporta- tion of certain animals.! j On October 22, 19.71, there was pub- lished in the Federal Register (36 F.R. 20472) a notice with [respect to proposed amendments to Parts 1, 2, and 3 of Sub- chapter A, 1 Chapter il. Title 9, Code of Federal Regulations.; Such notice gave interested persons a \ period of 45 days from the date of publication of the notice in which to submit written data, vidws, or arguments concerning the proposed amendments. Comments. : .on the; proposal were re- ceived from- 352 persons. The responses were from animal importers, educational and research institutions, members of Congress, local, State, and national or- ganizations representing the interests of animal welfare, animal acts, biomedical research, circuses, dealjers, hobby breed- ers, kennel clubs, zoos, and numerous in- dividuals interested fiji janimal welfare. The opinions expressed related pre- dominantly to (1) tike! use of the word “Laboratory” in the title of this sub- chapter, (2) the definition of euthanasia, (3) license fees, (4) the annual report of research facilities, 050 [identifying young puppies and kittens, (6) the identifica- tion of animals other than dogs and cats, (7) the definition of “4mmaT\ (8) exer- cise requirements for research animals, (9) the use Of the world “anxiety,” (10) more specific space requirements for ani- mals other than dogs, cats, rabbits, gui- nea pigs, hamsters; and nonhuman primates, and (11) the standards for veterinary care. The word “Laboratory” was included in the title of the proposal in error, and is being deleted from the title of the Subchapter A, since it is no longer appro- priate as the revision of Public Law 89- 544 now includes regulation of animals intended for exhibition or for pets, as well as animals' used jfo r research pur- poses. ' II Organization nomenclature was changed as a result of a reorganization within the Department of Agriculture due to the transfer I of the functions in- volved in this subchapter from the Agri- cultural Research Service to the Animal and Plant Health Service. The name of the Anim al Health Division was also changed to Veterinary Services. Many co mmen ts were made concern- ing the proposed change in the definition of “Euthanasia” indicating that the wording of the current definition of the term was preferred. After considering 1 The heading for Subchapter A Is changed to read as set forth above. / ' No. 248— Pt. I- FEDERAL REGISTER, VOL. 36, NO. 248 — FRIDAY, DECEMBER 24, 1971 24918 ! this matter in the light of: such com- ments, the proposed |definition of “Eu- thanksia” v has been changed to include the (wording ~in the I current definition with a modification to make it clear that the clestruction of an animal must be accomplished by a method which pro- duces instantaneous unconsciousness and immediate death without visible evidence of pain or distress. y A dumber of comments were received: that the minimum license fee should be lowered to be more appropriate for the large: number of dealers who sell small numbers of animals, such as 4-H club members and old people who are supple- menting a small retirement income. This adjustment was made for such dealers and also for the exhibitors who hold only a few animals, and those persons who are not dealers or exhibitors but who desire to obtain licenses under section 3 of the Act and § 2.1(b) of the regulations. The proposed annual report of re- search facilities, set forth in § 2.28 of the proposal, which requires the research facility to^report the number of experi- ments involving pain or anxiety without the use' of an appropriate anesthetic, analgesic or tranquilizing drug, was the subject of a considerable number of com- ments. Many members of the scientific community felt that certain routine pro- cedures involving momentary pain, such as tattooing or hypodermic injections, should not be required to be reported. Some commented that to report the number of experiments involving pain was too^much detail. On the other han d, a nearly equal number of comments re- ceived from members of animal welfare organizations stated that more detailed information should be required on the use of anesthetics, analgesics, and tran- quilizing drugs. The reporting require- ment of the number of experiments con- ducted without the use of such drugs is necessary to furnish the information needed for the report the Secretary is required to make to Congress, under sec- tion 25 of the Act. Such reporting would not interfere with, the design, guidelines or performance factual research by the research facility: However, routine pro- cedures, e.g. injections, tattooing, and blood sampling, Evolving some necessary pain and distress, need not be reported because the pain and discomfort involved in such procedures are of a transient nature. Several persons who commented ques- tioned the feasibility of filing the n.nrmn.1 report* required under § 2^8 on or before February 1, 1972. After further consid- ering this matter in the light of such comments, it does not appear that it would be feasible for each research facil- ity to submit the initial required report on or before February^, 1972, since the regulations will not become effective be- fore December 24, 1971. It appears that each research facility will not have an adequate opportunity to assemble the in- formation necessary to prepare the re- quired report with respect to the 1971 calendar year, as required by the proposed regulations. Accordingly, we have revised § 2.28 of the regulations to provide that FEDERAL RULES AND REGULATIONS such annual report will be submitted on or before February 1, 1973, and on or before February 1 of each, calendar year thereafter. This does not mean that the registered research facilities : will not have to comply with the provisions relat- ing to the appropriate usie of anesthetic, analgesic, or tranquiliziiig drugs of the regulations as published/between the ef- fective date of December 24, 1971, and the time of the initial annual report on or before February 1, 1973. Many persons who commented indi- cated that the official tag as a means of identifying young puppies and kittens constituted a hazard. 1 to the animals' welfare should the tag get caught on the enclosure. Therefore, the proposed regu- lations were modified to permit the use of plastic type collars, similar tqjfivnst bands used in obstetric and pedBSric wards of human hospitals, for identifying puppies and kittens under 16 1 weeks of age. Comments were received concerning § 2.50(f) of the proposed regulationssrer garding the identification of animals, other than dogs or cats, confined in a container. Several persons felt that the use of a label for identification .of two or more animals in a container, with the label bearing certain required informa- tion, would be a duplication of record- keeping requirements under the regula- tions. In this connection, it was noted that .the proposed regulations with =• re- spect to identifying only one animal in a container permitted the marking of the container with a painted or stenciled number. Such identification with respect to two or more animals would fulfill the requirements of the Act without a dupli- cation of the recordkeeping require- ments and the proposed provisions were modified to permit such identification. It was also pointed out that the need to include the age and sex in the descrip- tion of such animals as rabbits, ham- sters, guinea pigs, and certain zoo ani- mals was not practical as there is no real criteria for determining age and large numbers of animals are bought, sold, and transported without ’ regard to sex/ Therefore, the reference to the require- ment for the age and sex of animals, other than dogs, or cats, was deleted. Some of the persons who commented appear to have a misunderstanding of the proposed definition of “animal” in that they felt that animals captured in the wild would not be covered by said definition. The word “and” - following “raised in captivity” was changed to “or” to clarify our intent that all warm- blooded animals normally found in the wild, regardless of whether they,? were captured in the wild, raised in captivity or were domesticated in some foreign country and considered . as a domestic animal in that country, would be covered. Although mandatory exercise require- ments were not mentioned in the pro- posal (36 FJl. 20473-20480^ a n umb er of comments were received indicating that dogs held and used for research should be removed from cages and placed in runs or rooms for exercise each day. In the more than 4 years since the EGISTER, VOL. 36, NO. 248 — FRIDAY, DECEMBER i. promulgation Of the initial regulations and standards j under Public Law 89-544, there has been no definitive research to indicate that j exercise for dogs should pe a mandatory ‘requirement. Several preliminar9\studies have been conducted to determine posable parameters for such scientific i studies. However, the De- partment has not had funds for conduct- ing the necessary research. The Depart- ment recognizes thpt under the Animal Welfare Act it! is responsible for develop- ing minimum ^standards for the humane care and handling of animals, as charged by Congress, but on the basis of facts available at this time, it does not' feel that exercise (outside a cage should be included as a mandatory requirement of this amendment. However, within 60 days following the effective date of these amendments , - (the Department will pub- lish in the Federal Register a notice of our intent to revise the standards and request data, views, and arguments from the public as (to what standards, if any, should be issued with respect to the exer- cise requirements for, animals. The De- partment will! then meet with groups of biological scientists, captive wild animal experts, and animal welfare representa- tives for the purpose of assembling and evaluating the written data, views, and arguments as submitted and all other available knowledge and material to de- termine the relationship of exercise to the health and well being of an animal. Concern was also expressed by many scientists about the use of ,the term “anxiety” and that the term might be misinterpreted. It was stated that the word anxiety 7 is a psychiatric term that is only applicable to humans. Common . usage by the general public in describing dertain animal behavioral patterns as ‘‘anxiety” would appear to make' such term applicable in evaluating the psy- chologies 1 well being as an integral part of “humaneness.” , However, since the scientific interaction of environmental variables which cause animals “anxiety” is not well understood, the term “anxiety” was replaced with the word /‘distress” which is more descriptive of the physical visible state of the animal. Several comments were received to the effect that more specific space require- ments for animals, other than dogs, cats, nonhuman iprimates, rabbits, guinea pigs, and hamsters, should be promul- gated. The Department utilized the ex- pertise and knowledge of an expert committee comprised of nationally recognized zoo curators, directors, and veterinarians to assist, in developing the standards. It was the consensus of the committee that definitive information is not available at this time on the mini- mum space required for the large num- ber and variety of warmblooded animals covered under the Act. The problem is compounded in magnitude by the differ- ences in sizes, activity patterns, social patterns and environmental needs of the animals. Although information is being accumulated on space requirements for a number Of animals, the Department does not have adequate data and infor- mation available to be specific on space requirements at this time. However, 24, 1971 . ■ • ' RULES AND REGULATIONS within Bo days following the effective irt t^^feraAi-REGis- oi^ ^cT^i^rlse : the ^stan^rds- and^requesti&^^views , and arguments from the public as to what st^dards, if any, should be issued with f^pect to the space requirements of animals. ; .The appropriate use of anesthetic, 5 analgesic,' or taranquilizing drugs was the ^s^ject' of many comments. The com- ments related to the above discussion on 'the annual report for reseaxch facilities. It was felt by many that the Depart- ment was requiring the research facility to conduct reseach on the use of these three classes of drugs. This was not the intent, and wording has been changed to clarify the i>oiht. ' The regidations and standards set forth herein differ in a number of re- spects from the provisions in the above cited notice of rule making. The differ- ences are due primarily to changes made pursuant to comments received from in- terested persons and to changes made to clarify or editorially correct wording in the regulations and standards. The provisions in § 2.6 of the regulations are changed to effectuate more fully the intent of section ,19 of the Act with rer - spect to suspension or revocation of- licenses. N- • The regulations and standards will im- plement the amendments made to the Act of August 24, 1966 (Public Law 89- 544) , by the Animal Welfare Act of 1970 (Public Law 91-579) . It is essential that implementing regulations and standards be adopted and published as soon as pos- his representative who shall be ah em- ployee of the U.S. Department of A^cultuxc. % (tf>;, “Veterinary Services” means the office o| the Animal and Plant Health Seryice'to which is assigned responsibility^ for the performance of functions under the Act. I . ' (e) “Deputy Administrator’’ means the Deputy Administrator for the Veter- inary-Services or any other official of Veterinary Services to whom authority has heretofore been delegatecFor to whom t authority may hereafter be delegated, to act in his stead. ) (f ) ^Veterinarian in Charge” means a veterinarian of the Veterinary Services : who is assigned by the Deputy Adminis- trator to supervise and perform the offi- cial work of Veterinary Services in a given State and who reports directly to the^peputy Administrator. As used in Part 0 2 of this subchapter, the Veteri- narian in Charge shall be deemed to be the one in charge of the official work of Veterinary Services in the State in wl^Lch the dealer, exhibitor, research facility, or operator of an auction sale has his principal place of business. 3 (g) “Veterinary Services representa- tive” means any inspector or other per- son employed full time by the .Depart- ment who is responsible for the perform-: ance of the function involved. (h) “State” means a State, the Dis- trict of Columbia, Commonwealth of Puerto Rico, or a territory or possession of the United States. CD! “Person” means any individual, partnership, firm, joint stock . company, corporation, association, trust, estate, or sible in order to comply with, the Act’s intent that such regulations and stand- ards become effective on or before December 24, 1971. Therefore, under the administrative procedure provisions in 5 U.S.C. 553, it is found upon good cause that further notice and other public rule making procedure on the regulations and standards are impracticable and un- necessary, and good cause is found for making them effective less than 30 days . after their publication in the Federal Register. ; This revision of the regulations and standards set forth in Parts 1 through 3. shall not affect any violations that oc- curred or • liabilities that- were incurred, prior to the effective date of such revision. 1. Parts 1 and 2 are amended to read as follows: . part 1— definition of terms § 1.1 Definition. For the purposes of this subohapter, the following terms shall be construed, respectively, to mean: (a) “Act” means the Act of August 24, 1966 (Public Law 89-544)^ commonly known as the Laboratory Animal Wel- fare Act, as amended by the Act of De- cember 24, 1970 (Public Law 91-579) , the Animal Welfare Act of 1970? (b) “Department” means the U.S. Department of Agriculture. * (c) “Secretary” means the Secretary of Agriculture of the United States or other legal entity. (j) “Dog” means any live or dead dog ( Canis fhmiliaris ) . (k) “Cat” means any live or dead cat {Feiis catus ) . Q) “Animal” means any live or dead dog, cat, monkey (nonhuman primate mammal), guinea pig, hamster, rabbit, or any other warmblooded animal, which is domesticated or raised in captivity or which' normally can be found in the wild state, and is being used, or is intended for use, for research, testing, experimenta- tion, or exhibition purposes or as a pet. Such term excludes birds, aquatic ani- mals, rats and mice, and horses and other farm animals, such as, but not limited to livestock or poultry, used or intended for Use sis food or fiber, or livestock or poultry, used or intended for use for im- proving animal nutrition, breeding, man- agement or production efficiency, or for improving the quality of food or fiber. (m!) “Farm animal” means any warm- blooded animal (other than dog, cat, monkey (n onhuman primate mammal), guinea pig, hamster, or rabbit) normally raised on farms in the United States and used lor intended for use as food or fiber. (n) “Wild state” means living in its original, natural condition; not domesticated. ■- 1 , * The name and address af the Veterinarian In Charge In the State concerned ran be ob- tained by writing to the Deputy Administra- tor, Veterinary Services, Animal and Plant Health Service, UJB. Department of Agricul- ture, HyattsvUle, Mid. 20782. * 24919 (o) “Nonhuman primate” means any nonhuman member of the highest order of mammals, including prosimians, mon- keys, and apes. • * (p) “Commerce” means trade, traffic, commerce, transportation ' among - the several States, or between any State, ter- ritory, possession, or the District of Co- lumbia, or the Commonwealth of Puerto Rico, and any place outside thereof; or between points within the same State, territory,, or possession, or the District of .. .Columbia, or the ' Commonwealth of Puerto Rico, but through any place out- side thereof; or within any territory, pos- session, or the District of Columbia. (q) “Affecting commerce" means in commerce, or burdening or obstructing or substantially affecting commerce or the free flow of commerce, or having led or tending to lead to the inhumane care of animals used or intended for use for pur- poses of research* experimentation, exhi- bition, or held for sale as pets, by burden- ing or obstructing or substantially affect- ing commerce or the free flow of commerce. (r) “Research facility” means any school (except an elementary or second- ary school) , institution, organization, or person that uses or intends to use live animals in research, tests, or experi- ments, and that (1) purchases or trans- ports live animals affecting commerce, or (2) receives funds under a grant, award, loan, or contract from a department, agency, or instrumentality pf the United States for the purpose of carrying' out re- search, tests, or expriments: Provided, however. That a “research facility” shall not include kny such school institution, organization, or person, that does not use or intend to use live dogs or cats and which is exempted by the Administrator, upon application to him in specific cases and upon his determination that such exemption does not vitiate the purpose of the Act, except that the Administrator will not exempt any school, institution, organization, or person that uses, sub- stantial numbers of live animals — the principal function of which school, insti- tution, organization, or person is bio- medical research or testing. 3 (s) “Dealer” means any person who for compensation or profit delivers for trans- portation, or transports, except as a com- mon carrier, buys or sells any animals whether alive or dead, affecting com- merce, for research or teaching purposes, or for exhibition purposes, or for use as pets, but such term excludes any retail pet store except such store which sells any animals to a research facility, an ex- hibitor, or a dealer. (t) “Retail pet store” means any retail outlet where animals are sold only as pets at retail. Those species from the wild state (e.g. primates, anteaters, and oce- lots) and which as adults in captivity re- quire special conditions to provide safety ’■) S A list of such exempted schools, institu- tions, organizations, or persons shall be pub- lished periodically by Veterinary Services in the Federal Registee. Such lists may also be obtained upon request from the Veterinarian in Charge.-. FEDERAL REGISTER; VOL. 36, NO. 248 — FRIDAY, DECEMBER 24, 1971 24920 RULES AND REGULATIONS in ft g.n riling to either humans or the sub- ject animals, shall not be considered as pet ani^nalsr (u) ‘Operator of- an auction sale” means any person who is engaged in op- erating an auction at which animals are purchased or sold, affectu ig commerce. (v) - [‘Exhibitor” rmeans any person (public or^private) exhibiling any ani- mals, which were purchasec . in commerce or the intended distribute on of which ' affects commerce, or will affect com- - . merce, to the public for compensation, as determined by the -Secretary in spe- cific instances, and Mch term includes carnivals, circuses, animal acts, and zoos exhibiting such animals whether oper- ated for profit or not; , but such term excludes retail pet stores, organizations sponsoring and all "persons participating in State apd county fairs, livestock •shows, rodeos, purebred dog and cat shows, and any other fairs or exhibitions • X intended to advance agricultural arts and sciences, as may be determined by the Secretary in. specific instances. (w) “Licensee” means any person li- censed pursuant to the, provisions of the Act and the regulations' in Part 2 of this subchapter. (x) “Class ‘A’ dealer” means a dealer whose business involving animals in- cludes only those animals that he breeds and raises as a closed or stable colony and those animals that he acquires for the sole purpose of maintaining or enhanc- ing his breeding colony. <(y) “Class ‘B’ dealer” means any dealer who does not meet the definition of a Class “A” dealer. (z) “Class ‘C’ licensee” means any ex- hibitor subject to the licensing require- ments. (aa) “Registrant” means any research facility or exhibitor registered pursuant to the provisions of the Act and the reg- ulations in Part 2 of this subchapter. (bbL. “Standards” means the require- ments with respectto the humane han- dling, care, treatment, and transportation of animals by dealers, exhibitors,' re- search facilities, and operators of auction sales as set fcph in Part 3 of this sub- chapter, V, (cc) “Primary enclosure” means any structure used, to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, run, cage, compartment or hutch. (dd) “Housing facility” means any room, building, or area used to contain a primary enclosure or enclosures. (ee) “Sanitize” means to make physi- cally clean and to remove and destroy, to the maximum degree that is practical, agents injurious to health. (ff) “Ambient temperature” means the temperature surrounding the animal. (gg) “Euthanasia^ means the humane destruction of an animal accomplished by a method which produces instantane- ous unconsciousness and immediate death without visible evidence of pain or distress, or a method that utilizes anesthesia produced by an agent whieh causes painless loss of consciousness, and death following such loss of con- sciousness. (hh) “Nonconditioned animals” means animals which have not been subjected to special care and treatment for suffi- cient time to stabilize and; where neces- sary, to improve their/ health to make them more suitable j or research pur- poses. _ . j i'&m (ii) “Dwarf hamster” means any spe- cies of hamster, such as the Chinese and Armenian species, whose adult body size is substantially less than that attained by the Syrian or Golden jspecies of hamsters. (jj) “Handling” means petting, feed- ing, manipulation, j crating^ shifting, transferring, immobilizing, restraining, treating, training, working or performing any similar activity' with respect to any animal. T '* Ckk) “Business) year” meanest 12- month period dining which bufBlss is conducted, either cm a calendar orfiscal year basis. (11) “Administrator” means Adminis- trator of the Animal and Plant Health Service, U.S. Department of Agriculture, Qr any other official of the Animal and ..Plant Health Service;jtq whom authority has heretofore been delegated or to whom authority may hereafter be delegated, to act in his stead. (Sec. 3, 80 Stat. 351, as amended, 7 U.S.C. 2133; sec. 5, 80 Stat. 351; as amended, 7 U.S.C. 2135; sec. 6, 80 Stat. 351, as amended, 7 U.S.C. 2136; s6c. 10, 80 Stat. 351, aa amended, 7 U.S.C. 2140; sec. 11, 80 Stat. 351, as amended, 7 U.S.C. 2141; sec. 12, 80 Stat. 351, as amended, 7 U.S.C. 2142; sec. 13, 80 Stat. 352, as amended, 7 U.S.C. -2143; sec. Id, 80 Stat. 352, as amended,. 7 UJ3.C. 2146; sec. 17, 80 Stat. 352, as amended, 7 U.S.C. 2147; sec. 21, 80 Stat. 353, 7 U.S.C. 2161; 29 F.R. 16210, as amended, 36 FH. 20707, 36 FJR. 22857) Sec. 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 236 236 237 238 2.50 2.51 2.52 2.53 2.54 2.55 2.76 2.76 part 2 — REGULATIONS Licensing -« y Application. Acknowledgement of standards. Demonstration of compliance- with, standards. Issuance of licenses. Duration of license. Annual fees; and termination of li- censes. Annual report by licensees. Notification of change of name, ad- dress, control, or ownership of business. ■ Officers, agents, and employees of li- censees whose licenses have been suspended or revoked. Licensees whose licenses have been suspended or revoked. Registration Requirements and procedures. Acknowledgement of standards. Notification of change of operation. Annual report of research facilities. Identification of Animals Time and method>of identification. Form of official tag.- How to obtain tags. Use of tags. Lost tags. Removal of tag. Records Records, dealers. Records, exhibitors. Sec. .... '{ ::*• r •• 2.77 Reeords,, research- facilities. 2.78 Records, operators of- auction sales. 2.79 Records, >. Table 1— Dealers and Operators o» ah auction Sale Total gross dollar amount • *1 ii Fee Over > ' . -ft* 'But not over ClassA dealer 1 Class B dealer i $0- $600 $6 $6 *600 . 2,000 16 15 *2,000.. 10,000 26 60 *10,000__ 26,000 100 200 *26,000...'. 60,000 160 300 *60,000 100, 000- 200 600 *100,000 260 760 1 ' Table 2 — Exhibitors-^— Class "C” Licensee Number of animals:' Fee •1—6 $ 5 6-25 - . 10 26-50 1 _ 25 51-500 50 501 and up__ _ 100 (d) If a person meets the licensing re- quirements for more than one class of license, he shall be required to pay the fee for the type business which is pre- dominant for his operation, as deter- , mined by the Secretary. (e) In any situation in which a li- censed dealer or operator of an auction sale shall have demonstrated in writing to the satisfaction of the Secretary- that he has good reason to believe that his total gross dollar amount of business for the forthcoming business year will be less than the previous business year, then his estimated gross dollar amount of business shall be used for computing- the license fee for the forthcoming business year: Provided, however, That if such gross dollar amount for that year does in fact exceed the amount estimated, the difference in amount of the fee paid and that which was due based upon such ac- tual gross dollar amount of business, shall be payable in addition to the re- quired annual fee for the next subsequent year, on the anniversary date of' his li- cense as prescribed in this section. , (f) The failure of any licensee, to pay the annual fee prescribed by this Isectiqn on or before" each anniversary date of his license or to file the report provided for in § 2.7 shall constitute, grounds for the suspension of such license until the prescribed fee is paid or report is filed pursuant to the regulations in this sub- chapter. Repeated failure of a licensee to pay the annual license fee or to file the prescribed report when due shall con- stitute grounds for revocation or suspen- sion for a definite period of the license. Any other violation of the Act, or the regulations or standards thereunder also constitutes grounds for suspension or revocation of a license pursuant to sec- tion 19 of the Act. § 2.7 Annual report by licensees. (a) Each year within 30 days prior to the anniversary date of his license, a licensee shall file With the Veterinarian in Charge a report, upon a form which will be furnished to him, upon request, by the Veterinarian in Charge. FEDERAL REGISTER, i VOL 36, NO. 248 — FRIDAY, DECEMBER 24, 1971 i RULES AND REGULATIONS 24922 (b) A person licensed as "a dealer shall set forth in his annual report the gross dollar amount derived from the sale of animals by the licensee to research fa- cilities, dealers, exhibitors, and through an auction sale during the preceding business year, and such other informa- tion as may be required thereon. (c) A person licensed as an operator of an auction sale shall set forth in his an- nual report the gross dollar amount de- rivedffnSjn commissions or fees charged to the - public for the sale of animals to research facilities, dealers, or exhibitors .at the auction sale during the preceding business year, and such other informa- tion as may be required thereon. (d) A person licensed as an exhibitor shall set forth in his annual report the number of animals which are held-, by him at the time he signs and dates the report: Provided , however , That such report is not signed and dated more than 30 days prior to the anniversary date of his license. § 2.8 Notification of change of name, address, control or ownership of business. A licensee shall promptly notify the Veterinarian in Charge of any change in the name, address, -management or sub- stantial control or ownership of his busi- ness or operation within 10 days after making such change. § 2.9 Officers, agents, and employees of licensees whose licenses have been suspended or revoked. _Any person who has been or is an offi- cer, agent, or employee of a licensee whose license has been suspended or re- voked and who was responsible for or participated in the violation upon which the order of suspension or revocation was based will not be licensed within the period during which the order ^pf sus- pension or revocation is in effect. ‘ § 2.10 Licensees whose licenses have been suspended or revoked. Any person whose license has been sus- pended for any reason will hot again be licensed in his^jwn name or in any other manner within? the period during which ,the order, of suspension is in effect, and "any person w^ose license has been re- voked shall not be eligible to apply for a new license in his own name or in any other manner for a period of 1 year from the effective date of such revocation. No partnership, firm, corporation or other legal entity in which any such per- son has a substantial financial interest, will be licensed during such period. After revocation, the revoked license shall be surrendered by the holder of the license upon the request of the Secretary. Registration § 2.25 Requirements and procedures. Each research facility and each ex- hibitor not required to be licensed under section 3 of the Act ajnd the regulations of this subchapter shall register with the Secretary by completing and filing a properly executed form which will be furnished, upon request, by the Veteri- narian in Charge. Such registration form shall be filed with the Veterinarian in Charge. Where a school' or department of a university or college' uses or intends to use animals for research, tests, or ex- periments, the univei^ity or college rather than the schoql or department will generally be considered the research facility and be required to register with the Secretary. In any situation in which a school or department of a university or college is a separate legal entity and its operations and administration are in- dependent of those of the university; or college, upon a proper showing thereof to the Secretary, ihe school or depart- ment will be registered rather than fhe university or college. A subsidiary of a, business corporation, rather thama par- ent corporation, will be register^fcas a. research facility or exhibitor unlesa the subsidiary is under such direct control of the parent corporation that to effec- tuate the purposes of the Act the Secre- tary determines that it is necessary that the parent corporation be registered. § 2.26 Acknowledgment of standards. A copy of the applicable standards will be supplied with each registration form, and the registrant shall acknowledge re- ceipt of such standards and agree to comply with them by signing a form pro- vided. for such purpose by Veterinary Services. Such fdhn shall be filed with the Veterinarian in Charge. § 2.27 Notification of change of opera- tion. A registrant shall promptly notify the Veterinarian in Charge of any change in his name or address or any change in his operations which would affect his status as a research facility or exhibitor within ten days after making such change. § 2.28 Annual report of research facili- ties. Each research facility shall submit on or before February 1, 1973, and on or before February 1 of each calendar year thereafter to the Veterinarian in Charge in the State where registered, anannual report signed by a legally responsible of- ficial covering the previous calendar year and showing that professionally accept- able standards governing the care, treat- ment, and use of animals, including appropriate use of anesthetic, analgesic, and tranquilizing drugs, during experi- mentation, are being followed by the re- search facility during actual research or experimentation. Such report shall include: (a) The location of the facility or fa- cilities where animals were used in actual research or experimentation; (b) The common names and approxi- mate numbers of Animals used: * . (c) The number of experiments con- ducted involving necessary pain or dis- tress to the animals without the use of appropriate anesthetic, analgesic, or tranquilizing drugs and a brief statement explaining the reasons for the same: Provided, however. That routine proce- dures (eg. injections, tattooing, and blood sampling) j do not need to be re- ported; and (d) Certification by the attending vet- erinarian of the research ^facility or by an institutional committee of at least three members, one of whom is a Doctor of Veterinary Medicine, established for the purpose^ of evaluating the care, treat- ment and use of all warmblooded ani- mals held or used for research, or ex- perimentations, that the type and amount of. anesthetic, analgesic, and tranquilizing drugs used on animals dur- ing actual research or experimentation was appropriate to relieve all unneces- sary pain and distress for the subject animals. -y. Identification of Animals § 2.50 •• Time and method of identifica-- tion. (a) Except as otherwise provided in this section, when a Class A dealer sells or otherwise removes dogs or cats from his premises for delivery, affecting com- merce, to a research facility or exhibitor or to another dealer, or for sale, affecting commerce, through an auction sale or to any person for use as a pet, each such dog or cat shall be identified by an offi- cial tag of the type described in § 2.51 affixed to the ahimal’s neck by means of a collar made of material generally con- sidered acceptable to pet owners as a means of identifying their pet dogs or cats: 1 Provided, however. That no offi- cial tag need be affixed to any such dog that has been identified by means of a distinctive and legible tattoo marking acceptable’to' the Deputy Administrator: And provided further. That no official tag need be affixed to any puppy or kitten less than 16 weeks of age that is identi- fied by means of a plastic type collar acceptable to the Deputy Administrator and which has the information (which shall be legibly placed thereon) as re- quired for an official . tag pursuant to § 2.51. (b) Except as otherwise provided in this section, when a Class B dealer’ or exhibitor purchases or otherwise acquires a dog or cat, affecting commerce, he shall immediately affix to such animars neck an official tag of the type described in § 2.51 by means of a 'collar made of ma- terial generally acceptable to pet owners as a means, of identifying their pet dogs or cats, but if the dog or cat is not pur- chased or acquired, affecting commerce, by said dealer or exhibitor, such animal must be so tagged at the time it is de- livered for transportation, transported, 1 In general, well fitted, collars made of leather or plastic will be acceptable tinder this provision. The use of certain types of chains presently used by some dealers may also be deemed acceptable. A determination of the acceptability of a material proposed for usage as collars from the standpoint of humane considerations will be made by Veterinary Services on an individual basis in consultation with the dealer or exhibitor In- volved. The use of materials such as wire or elastic that might readily cause discomfort or injury to dogs or cats will not bo acceptable. FEDERAL REGISTER, VOL. 36, NO. 248 — FRIDAY, DECEMBER 24, 1971 isiioffi^ pyhfh itor replace the tag on such animal., but tiie Class B dealer or exhibitor may replace -- siicb previously attached tag mth his; ofQcialytagi and in which event, the Class B dealer or exhibitor shall corrrctiy list both official laghum- ^ heMihvhij^recq^ sMn te; maintained in accordance 'with § §;2.75 and 2.77 and the new official ^ number shall b e used on all records of subsequent sales of such dog or cat : And provided further Thart^n^ tag need be affixed to any ^6h ; dog or cat tlmt has- been identifled^by means : of ?a distinctive and perman^ irig approved by the Depu Administra- tor: Arid provided siiU further < T^t no official tag need be affixed to any puppy or kitten less than 16 weeks of age that has been identified plastic type collar acceptable to the Deputy Administrator and which has the information '(which shall be legibly placed thereon) a^equired for an official tag pursuant to § 2.51. (c) When any dealer or exhibitor has made a reasonable effort to affix an of- ficial tag to an adult cat, set; f prth>in paragraphs (a), and (b) of this section, and has been unable to do so, qr when the*, cat exhibits extreme distress . from the attachment of a collar and tag, the dealer or exhibitor shall attach the collar and tag, to the door of the primary enclosure containing the cat and take proper meas- ures to maintain Ihe identity of the cat . in relation to the tag. Each primary en- closure shall contain no more than one adult cat without an affixed collar and official tag. (d) Unweaned puppies or kittens 1 need not be individually identified as required by paragraphs (a) and Cb) of this sec- x , tion while they are maintained as a litter with their dam in the same primary en- closure provided she has been so identified. (e) All live dogs or cats delivered for transportation, transported^ purchased, or sold,, affecting commerce, by a research facility^ shall be identified, at the time ' of such delivery for transportation, pur- chase, or sale, by the offlcial tag or tattoo, which was affixed to the animal at the time it was| acquired by the research fa- cility, as provided in paragraph (a) of this section, or by a tag, tattoo, or collar, applied to the live dog or cat by the re- search facility and which individually identifies such dog or cat by description or number. (f) (1) All animals, except dogs and cats, delivered for transportation, trans- ported, purchased, or sold, affecting commerce, by any dealer or exhibitor shall be identified by .the dealer or ex- r . hibitor at the time of .‘ such delivery for RULES AND REGULATIONS transportation, transportation, purchase, | or sale, aa provided in this paragraph. 1 (2) .'\\^6n one or more animals, other than dogs or cats, are confined' in a con- tSer; 'tiie. animal or animals shall be ®|y (i) a label attached to the wntaiher which shall bear a description of the animals in the container, includ- ing the number of animals, species of the animals, any, distinctive physical features of the ammals, and any identifying marks, tattops, or tags attac h e^ ' to the animals, (ii) marking the conte^er with a; painted or > stenciled number, which number shall bb recorded the records of the dealer or exhibitor together with .a/ description of the animal or animals, including thie species, and any- distinctive physical features pf the animal; or Ciii> by .a tag or tattoo applied to each animal in the container by the dealer or exhibi- tor andiwhich individually identifies such animalby description or number. " (3) When any animal, other than a dog or oat, is not confined in a container. 24923 it shall be identified on a form 3 which shan accompany the animal at the time it is delivered for transportation, trans- ported, purchased, or sold, affecting com- merce, and shall be kept and maintained by the dealer or exhibitor as part of his records. § 2.51 ■ Form of official tag. V The official tag shall be made of a dur- able alloy such as brass, bronze, or steel or of a durable plastic. Aluminum of a durable thickness and quality, may be used. Such tag shall be circular in shape and not less than 1% inches in diameter. Each tag shall; be embossed or stamped with the lettered ■ r USDA” and numbers and letters identifying, the State, dealer, and animal, as set forth in Figure 1. Such- tags shall be serially numbered and thdre shall be no duplication of numbers by any one dealer or exhibitor. *Such forms win be furnished to the dealer or exfbilbttor, upon request, by the Adminis- trator. Denoting State and dealer or exhibitor respectively - Denoting the animal - Figure J_ - § 2.52 How to obtain tags. Dealers or exhibitors may obtain, at their own expense* official tags from commercial tag manufacturers. 8 At the time a 'dealer or exhibitor is issued a license, jthe Department will assign him dealer or .exhibitor identification letters and inform him; [ of the -State number to be usied on his official tags. § 2.53 Use of tags. Official tags obtained by a dealer or exhibitor shall be applied to dogs or cats in Ithe manner set forth in § 2.50 and in as near consecutive numerical order as]poissible. No tag number shall be used to idehtif3rmore than one animal. § 2.54 Lost tags. Each dealer or exhibitor shall be held accountable for all official tags, that he acquires' in the event an official tag is lost from the neck of a dog or cat while hr the possession of a dealer or exhibitor, a diligent effort shall be made to locate and reapply such tag to the proper ani- mal. If the lost tag is not located, the dealer or exhibitor shall affix another official tag to the animal in the manner prescribed in § 2.50, and make a nota- tion of the tag number on, his official ' records. . * A list; of the commercial manufacturers who produce sucb tags and are known to the Department may be obtained from the Veterinarian In. Charge. Any manufacturer who desires to be Included In such a list should notify the Deputy Administrator. § 2.55 Removal of tag. (a) When a dog or cat wearing or identified by an official tag arrives at a research facility, such tag Shall be re- moved and retained by the research fa- cility: Provided, however. That at the discretion of .the research facility such tag may be used to continue the identifi- cation of such dog or cat. Cb) If a dealer, exhibitor or research facility finds it necessary humanely to dispose ot a live dog or cat to which is affixed of which is identified by an offi- cial tag, or upon the death of such dog or cat from other causes, the dealer, ex- hibitor, or research facility shaU, remove and retain ^such tag for the required period. (c) All official tags removed and re- tained by a dealer, exhibitor, or research facility shall be held until called for by a Veterinary Services representative or for a period of 1 year. (d) When official tags are disposed of, they must be disposed of in such a man- ner as to preclude their reuse as animal identification. Records § 2.75 Records, dealers. r (a) In connection with each animal purchased or otherwise acquire^ held, transported, or sold or otherwise dis- posed of, a dealer shall keep and main- tain the following information on the forms supplied and in the man ner pre- scribed by the Veterinary Services: FEDERAL REGISTER, VOL 36, NO. 248 — FRIDAY, DECEMBER 24, 1971 ' 24924 (1) The name and address of the per-' son from whom acquired, and the person to whom sold or otherwise disposed of, and his license number if licensed as a dealer, exhibitor, or operator of an auc- tion sale; . * , , (2) The dates-, of acquisition and 'disposition; * (3) The description and identification of the animal, including any official -bag number or tattoo number as affixed, pur- suant to .§§ 2.50 and 2.54; «• (4) When animals are sold by a dealer, the method of transportation of such ani- mals; and (i) the name of the common carrier or (ii) the license number or other identification of the means of .con- veyance; and the name and address of the driver of the means of conveyance; (5) The nature and method of dis- position, e.g.. sale, death, euthanasia, or donation. (b) One copy of ANH Form 18-5, re- vised, completed as required by this sec- tion, shall accompany each shipment of animals acquired by a dealer, and one copy .of ANH Form 18-6, revised, com- pleted., as required by this section, shall accompany each shipment of anim als sold or otherwise disposed of by a dealer. RULES AND REGULATIONS . , / .• .... ■ .§ 2.77 Records, research, facilities. (a) In connection wi,th; each hye dog or cat purchased or otherwise acquired, a research facility shall keep and main- tain the following information on the forms supplied and in the manner pre- scribed by the Veterinary Services; (1) The name and .address of the per- son from whom such/ live dog or cat was purchased or acquired, and his license number if licensed a& a dealer, exhibitor, or operator of an auction sale; (2) The date acquired; and (3) The description and identification of such live dog or cat, including the of- ficial tag number or 1 tattoo number, if one is affixed, and any identification number or letter assigned to the live dognr cat by such-research facility. ( b) In connection with each liveyaog or cat transported, sold, or otherwise dis- posed of by a res earch facility to another person, such research-facility shall keep and maintain, on forms supplied by and in the manner prescribed by Veterinary Services: (1) The name and address of the per- son to whom the live dog or cat is trans- ported, sold, or otherwise disposed of ; (2) The date of such *sale or § 2.76 Records, exhibitors. (a) In connection with each animal purchased or otherwise acquired, held, transported, or sold or otherwise dis- posed of, an exhibitor shall keep and maintain the following information on the forms supplied and in the mann er prescribed by Veterinary Services: Pro- rvided, however. That any exhibitor may ^transport to a new location for exhibition purposes such animals, for which a form has been ' completed and is being kept by the exhibitor in accordance with this section, without completing a new form. (1) The name and address of the per- i son from whom acquired, and the per- ^son to whom sold or otherwise disposed of, / and his license number if licensed as a ' dealer, exhibitor, or operator of an auc- tion sale; ; (2) The dates of acquisition and dis- position; (3) Description and identification of animals incliiding any official tag num- ber or tattoo' number affixed pursuant to §§ 2.50 and 2.54; (4) When animals are sold by an ex- hibitor, the method of transportation of such animals; and (i) the name of the common carrier or (ii) the license num- ber pr other identification of the means of conveyance; and the name and address of the driver of the means of convey- ance; (5) The nature and method of disposi- tion; e.g., sale, death, euthanasia, or donation. ( (b) One copy of ANH Form 18-19, com- pleted as required by this section, shall accompany each shipment of animals acquired by an exhibitor, and one copy of ANH Form 18-20, completed as re- quired by this section, shall accompany each shipment of animals sold or other- wise disposed of by the exhibitor. disposition; (3) The method of transportation; and s J4) The name of the common carrier, or the identification of the means of con- veyance, and the name and address of the driver of such means of conveyance. (c) One copy of ANH Form 18-6, re- vised, completed as required by this sec- tion, shall accompany each shipment of dogs or cats sold or otherwise disposed of by a research facility. § 2.78 Records, operators of auction sales. (a) In connection with each animal consigned to an auction sale, for which a commission or. fee may or may not be charged, am operator of an auction sale .shall keep and maintain the following information on the forms supplied and in the manner prescribed by Veterinary Services: (1) The name and address of the per- son who consigned such animal to the auction sale and his USDA license num- ber if licensed as a dealer or exhibitor; (2) The date of consignment; (3) The description and identification of such animal, including the official tag number or tattoo number, if one is affixed to the animal when consigned; (4) The auction sales’ number as- signed to the .'animal; and (5) The name and address of the buyer and his USDA license, number if licensed as a dealer or exhibitor. (b) A copy 'Of the form required by paragraph (a!) of this' section shall be given to the consignor and purchaser of each animal sold at the auction sale. § 2.79 Records, disposition. (a) Except as otherwise provided in paragraph (b) of this section, no dealer, exhibitor, operator of an auction sale, or research facility shall, within a period of 2 years from the making thereof, destroy or dispose of, without the consent in writing of the Deputy Administrator, any books,' records, documents, or other papers required to be kept and main- tained Under this part. (b) The records required to be kept and maintained under this part shall be held for such period*' in excess of the 2- year period specified in paragraph (a) of this section if necessary to comply with any Federal, State, or local law;. When the Deputy Administrator notifies the dealer, exhibitor, operator of an auction sale, or research facility in writing that specified records shall be retained pend- ing completion of an investigation or proceeding under the Act, such dealer, exhibitor, operator of art auction sale, or research facility shall hold such rec- ords until their disposition is author- ized by Veterinary Services. Compliance . with Standards and Holding ^Period § 2.100 Compliance with standards. Each dealer, exhibitor, operator of an auction sale, and research facility shall comply in all respects with the standards set forth- in Part 8 of this subchapter setting forth the standards for the hu- mane handling, care, treatment,, and transportation of animals : Provided, however. That nothing in these rules, regulations, or standards shall effect or interfere with ttije design, outlines, guide- lines, or performances of actual research or experimentation by a research facility as determined by such research facility. § 2.101 Holding period. (a) Any dog/, or cat acquired by a dealer * or exhibitor shall be held by him, under his supervision and control, for a period of not less than 5 business days after acquisition of such animal: Pro- vided, however. That (1) dogs or cats which have completed a 5 -day holding period may be disposed of by subsequent dealers or exhibitors after a minimum holding period of 1 calendar day by each such subsequent dealer or exhibitor, ex- cluding time in transit; (2) any dog or cat suffering from disease, emaciation or injury may. be destroyed by euthana- sia prior to the completion of the hold- ing period required lay this section. (For purposes of this paragraph, “business day” shall mean any day of the week during which the dealer or exhibitor normally operates his business. For pur- poses of this paragraph, “calendar day” shall mean from midnight of the day when an animal is received until the next midnight (example: If a dog or cat is received at 6 pm. on the third day of a month, the “calendar day” referenced in the proviso would not expire up til the mo rning of .the fifth day.) c ) (b) During the period in which any dog or cat is being held as required by * An operator of an auction sale is not considered to have acquired a dog or cat which is sold 'through the auction sale. FEDERAL REGISTER, VOL. 36, NO. 248 — FRIDAY, DECEMBER 24, 1971 RULES AND thls sectionAsuch dog or cat shall be un-. Imy means #jawiy!By«uice tr eat^i in^® br®ice: with^he stand- ards^ forth in §§ 3.1 through 3.10 of thissubchapter. (c ). ; If any dealer or exhibitor obtains tbe prior approval of the Veterm^an;iii Gl»rge, bb may arrange to have another pereoil hold such animate for the require period provided for in paragraph (a)- of this section : Provided, however. That such other person agrees in ^^ting to comply: with the regulations of this Part 2 and the standards in Pairt 3 of this sub- chapter ?and to allow inspection by a Veterinary Sendees representative of his premises : And provided further. That the dogs and cats still remain . under the control of the dealer or exhibitor: And provided further. That approval will not be given for a dealer or exhibitor holding a license as set forth in § . 2.4 to have ani- mals held for purposes of this section by another licensed dealer or exhibitor. Miscellaneous § 2.125 Information as to business; fur- nishing of by dealers, exhibitors, op- - erators of auction stiles, and research facilities. • Bach dealer, exhibitor, operator of an auction sale, and research facility shall furnish to any Veterinary Services reprer sentative, % any information concerning .the business of the dealer, exhibitor, op- erator of an auction sale, or research facility which may be requested by such representative in connection with the enforcement of the provisions of the Act, the regulations and the standards in this subchapter. Such information shall be f urnished within such reasonable time as may be specified in the request for such information. § 2.126 Access and inspection of records and property. Each dealer, exhibitor, operator of an auction sale, or research facility, shall', during ordinary business hours, permit Veterinary Services representatives, or other Federal officers or employees desig- nated by the Secretary, to enter his place of business to examine records required to be kept by the Act and the regulations in this part, and to make copies of such records, and permit Veterinary Services representatives to enter his place of busi- ness, to inspect such facilities, property and animals as such representatives con- sider necessary to enforce the provisions of -the Act r the regulations and the stand- ards in this subchapter. The use of a room, table, or other facilities necessary for the proper examination of such rec- ords and inspection of such property or animals shall be extended to such au- thorized representatives of the Secretary by the dealer, exhibitor, operator of an auction sale, or research facility, his agents and employees. •• ? § 2.127 Publication of names of persons subject to the provisions of this part. Lists of persons licensed or registered, pursuant to the provisions of this part, shall be published periodically by Veter - REGULATIONS inary Services in the Federal Register. Such lists may alio be obtained, upon request, from the Veterinarian in Charge. § 2. 128 - hispection for missing animals. (a) i E&ch dealer, ^exhibitor, operator of an auction sale and research facility shall; ufion request,| during ordinary busi- ness hours, permit; under the following conditions, police or law officers of legally constituted law enforcement agencies with general law enforcement^, authority (not those agencies whose duties are limited to enforcement o^. local animal regulations ) to enter the -place of busi- ness of such dealer,! exhibitor, operator of- an auction sale or research facility to inspect animals and records for the pur- pose of seeking animals that are missing : (1) The police of law officer, shall fur- nish to the dealer, exhibitor, operator of an auction sale of research facility a written description! of the missing animal and the name and address of it owner before making sued a search. (2 ) The police or law officer shall abide by all security measures required, by the dealer, exhibitor, operator of an auction sale or research facility to prevent the spread of disease, i including the use of sterile clothing, footwear, and masks where required, or |to prevent the escape of an animal. I (b) Such inspection for missing animals by law enforcement officers shall not extend to animals that are under- going actual research or experimentation by a research facility as determined by such research facility. j § 2.129 Confiscation and destruction of animals. ! ! ! (a) If an animal being held by a dealer, exhibitor, of operator of an auc- tion sale, or an animal being held by a' research facility which is no longer re- quired by such research facility to carry out the research, test, or experiment for which it has been utilized, is found by a Veterinary Service^ representative to be suffering as a result of the failure of the dealer,, exhibitor operator of ah auction sale, or research facility to comply! with any provision of the regulations or the standards set forth in this subchapter, thu Veterinary Services representative shall make a reasonable effort to notify the dealer, exhibitor, operator df/ an auction sale, or research facility of^the condition of such| animal and request that the condition' |be corrected and that, adequate veterinary care be given when necessary to alleviate the Animal's suf- fering,; or that the : animal be destroyed by euthanasia. In; the event that the dealer, exhibitor, operator of an auction sale or research facility refuses to comply with such request, i the Veterinary Serv- ices representative may confiscate or destroy such animal by euthanasia if in the opinion of the Deputy Administrator the circumstances warrant such action. (b) In the event that the Veterinary Services representative is unable to locate or notify the dealer, exhibitor, operator of an auction sale, or research facility as required in this section, the Veterinary Services representative shall contact a local police or law officer to accompany ~ 24925 him to the premises and shall provide if in the opinion of the Deputy Adminis- trator the condition of the animal cannot be corrected by veterinary care, the Veterinary Services representative shall confiscate and destroy the animal by c euthanasia with such costs as may be incurred to be borne by the dealer; ex- hibitor, operator of an auction sale, ort research facility. (c) Prior to making any decision re- garding the destruction of any animal of a species designated by v the Department of the Interior or the International Union for the Conservation of Nature and Nat- ural Resources as an endangered ^pecies, the Deputy Administrator shalfr when possible in his judgment, consult with representatives of said Department and the International Union for the Con- servation of . Nature and Natural Re- sources. • PART 3— STANDARDS i §§ 3.10, 3.34, 3.59, 3.84 . [Amended] 2. Sections 3.10, 3.34, 3.59, and 3.84 of Pa# 3 are amended by adding a new paragraph (c) to each of said sections to read as follows: (c) (1) In the case of a research facil- ity, the program of adequate veterinary care shall include the appropriate use of anesthetic, analgesic, or tranquilizing drugs, when _such use would be proper in the opinion of the attending veteri- narian at the research facility. The use of these three classes of drugs shall be in accordance with the currently ac- cepted veterinary medical practice as cited in appropriate professional journals or reference guides which shall produce in the individual subject animal a high level of tranquilization, anesthesia, or analgesia consistent with the protocol or design of the experiment. (2) It shall be incumbent upon each research facility through its animal care committee and/or attending vet- erinarian to provide guidelines and con- sultation to research personnel with re- spect to the type and amount of tranquil- izers, anesthetics, or analgesics recom- mended as being appropriate for each species of animal used by that institution. (3) The use of these three classes of drugs- shall effectively minimize the pain and discomfort of the animals while under experimentation. 3. A new Subpart E is added to Part 3 to read as follows: Subpart E — Specifications for the Humane Han- dling, Care, Treatment, and Transportation of Warmblooded Animals Other Than Dogs, Cats, Rabbits, Hamsters, Guinea Pigs, and Nonhuman Primates Facilities and Operating Standards Sec. 3.100 3.101 3.102 3.103 Facilities, ; general. Facilities, indoor. Facilities, outdoor. Space requirements . > Animal Health and Husbandry Standards 3.104: 3.105 Feeding. Watering. No. 248— Pt. I- FEDERAL REGISTER, VOL. 36, NO. 248 — FRIDAY, DECEMBER 24, 1971 ’ ' i ‘ : ' 24&26 1 Bee. ""v 3.106 Sanitation. "f \ V- 3.107 Employees. - • 3 . 108 Separation. 3409 Veterinary care. y 3.110 Hamming.; ' ; V~ : - 3.1IF Vehicles. ■ ' 3.112 Primary enclosures vised to transport animals. 3.113 Food and water requirements. 3 . 114 Care In. transit. Authority: '• The provisions of this Sub- part E Issued- under sec. 3, 80 Stat. 361, as amended, 7 7J.S.C. 2133; sec. 6, 80 Stat. 861, as amended, 7 U.S.C. 2186; sec. 6, 30 Stat. 351, as amended, 7 U.S.C. 2136; seo.,-10, .80 StAt. 351, as amended, 7 U.S.C. 2140; - sec. 11, 80 Stat. 361, as amended, 7 U.S.C. 2141; sec. ‘ 12, 80 Stat. 361, as amended, 7 U.S.C. 2142; sec. 13, 80 Stat. 352, as amended, 7 U.S.C. 2143; sec. 16, -80 Stat. 352, as amended, 7 U.S.C. 2146; sec. 17, 80 Stat. 352, as amended, 7 XJ.S.C. 2147; sec. 21, 80 Stat. 353, 7 U.S.C. 2151; 29 F.R. 16210, as amended, 36 FJt. 20707, 36 FJR. 22867. Facilities and> (^peratlng Standards ■ § 3.100 Facilities, general. (a) Structural strength. The facility must be constructed of such material as appropriate for The housing facil- and of such strength the animals involved, ities shall be structurally sound and shall be maintained in good repair to protect the animals from injury and to contain the animals. (b) Water and power. Reliable and adequate electric power, if required to comply with other provisions of this sub- part, and adequate potable water shall be available on the premises. (c) . Storage. Supplies of food and bed- ding shall be stored in facilities which adequately protect such supplies against deterioration, molding, or contamina- tion "by vermin. Refrigeration shall be provided for supplies of perishable; food. ' Cd) Waste disposal. Provision shall be made for the removal and disposal of animal and food wastes, bedding, dead animals, trash and debris. Disposal fa- cilities shall be so provided and operated as to minimize vermin infestation, odors, and disease hazards. The disposal facil- ities and any disposal of animal and food wastes, jiedding, dead animals, trash, and debris shall comply with ap- plicable Federal, State, and local laws and regulations relating to pollution control i or / ihe protection of the environment. Ce) Washroom and sinks. Facilities, such as washrooms, basins, showers, or sinks, shall be provided to maintain cleanliness among animal caretakers. § 3.101 Facilities, indoor. (a) Ambient temperatures. Tempera- ture in indoor housing facilities shall be sufficiently regulated by heating or cool- ing. to protect the animals from the extremes of temperature, to provide for their health and to( prevent their dis- comfort. The ambient temperature shall not be allowed to fall below nor rise above temperatures compatible with the health and comfort of the animal. (b) Ventilation. Indoor housing facil- ities shal l be adequately ventilated by natural or mechanical means to provide RULES AND REGULATIONS for the health and to prevent discomfort of the animals at all times. Such facil- ities shall be provided with fresh air either by means of windows, doors, vents, fans, or air-conditioning and shall be ventilated so;;; as to- minimize drafts, Animals shall be fed at least once a day except • as dictated by hibernation, veterinary treatment, normal fasts, or other professionally accepted practices . (b) Food, and food receptacles, if used, shall be sufficient in quantity and located so as toJbe accessible to all ani- odors, and moisture condensation. (c) Lighting. Indoor housing facilities shall have ample lighting, bynatihal or artificial means; or both, of gocxf quality, distribution, and duration as appropriate for the species involved. Such lighting shall be uniformly distributed and of sufficient intensity to permit routine in- spection and cleaning. Lighting of pri- mary enclosures shall be designed to pro- tect the animals from excessive illumi- nation. | (d) Drainage. A suitable sanitary method shall be. provided to elimi nate rapidly, excess water from indcHfeous- ing facilities. If drains are useapthey shall be properly constructed and kept in good repair to avoid foul odors and in- stalled so as to prevent any backup of sewage. The method of drainage shall comply with applicable Federal, State, and local laws and regulations relating to pollution control or the protection of the environment. § 3.102 Facilities, outdoor. (a) Shelter from sunlight. When sun- light is likely to cause overheating or discomfort of the animals, sufficient shade by naturalor artificial means shall be provided to allow all animals kept out- doors to protect themselves from direct sunlight. (b) Shelter from inclement . weather. Natural or artificial shelter appropriate to the local climatic conditims. for the species concerned shall be provided for all animals kept outdoors to afford them protection and to prevent discomfort to such animals. Individual animals sh all be acclimated before they are exposed to the extremes of the individual climate. (c) Drainage. A suitable method shall be provided to rapidly eliminate excess water. The method of drainage shall comply with applicable Federal, State, and local laws and regulations relating to pollution control or the protection of the environment. - l' 3.103 Space requirements. ’•j Enclosures shall be constructed and Maintained so as to provide sufficient space to allow each animal to make normal postural- and social adjustments with adequate freedom of movement. In- adequate space may be indicated by evidence of malnutrition, poor condition, debility, stress, . or abnormal behavior patterns. ; Animal Health and Husbandry Standards mals in the. enclosure and shall be placed SO as to mihimia e remt amirtat inn; Food receptacles shall be kept clean and sani- tary at all times. If self-feeders are used, adequate measures shall b^ token to pre- vent molding, -^contamination, and de- terioration or taking of food. § 3.105 Watering. . If potable waiter is not accessible; to the animals at all times, it must be pro - vided as often as necessary for the health and comfort of the animal. Frequency of watering shall consider age, species, condition, size, and type of the animal. All water receptacles shall be kept clean and sanitary. § 3.106 Sanitation; (a) Cleaning of enclosures. Excreta shall be removed from primary en- closures as often as necessary to prevent contamination of the animals contained therein and to minimize disease hazards and to reduce odors. When enclosures are cleaned by hosing or flushing, ade- quate measures shall be taken to pro- tect the animals confined in such en- closures from being directly sprayed with the stream of water or wetted involuntarily. (b) Sanitation of enclosures. Subse- quent to the presence of an animal with an infectious or transmissible disease, cages, rooms, and hard-surfaced pens or runs shall be sanitized either by wash- ing them with hot water (180 F. at source) and soap or detergent, as in a mechanical washer, or by washing all soiled surfaces with a detergent solution followed by a safe and effective disin- fectant, or by cleaning all soiled sur- faces with saturated live steam under pressure. Pens or runs using gravel, sand, or dirt; shall be sanitized when neces- sary as directed by the attending veteri- narian. r <. . .. (c) Housekeeping. Premises (buildings and grounds) shall be kept clean and in good repair in order to protect the ani- mals from injury and to facilitate the prescribed husbandry practices set forth in this subpart. Accumulations of trash shall be placed in designated areas and cleared as necessary to protect the health of the animals. (d) Pest control. A safe and effective program for thie control of insects, ecto- parasites, and avian and mammalian pests shall be established and maintained. . § 3.104 Feeding. (a) The food shall be wholesome, palatable, and free from contomination and of sufficient quantity mid nutritive value to maintain all animals in good health. The diet shall be prepared with consideration for the age, species, con- dition, size, and type of the animal. N § 3.107 Employees. A sufficient number of adequately trained employees shall be utilized to maintain the professionally acceptable level of husbandry practices set forth in this subpart. Such practices shall be under a supervisor who has a background in animal care. ■*'.S FEDERAL REGISTER, VOL. 36* NO. 248 FRIDAY, DECEMBER 24, 1971 §^3.108 Separation. : Animals housed in the same primary enclosure muib' be compatible. Animals shahnot be; housed, near ani mals that ;iiprf ere with" their h^t§;®catBe them-- disromfort. • §3.109 Veterinary care. -• (a) Programs of disease prevention and parasite ; control euthanasia, and Adequate veterinary care shall be estab- ^hed^md main under the sup- :ei®sibn of a veterinarian. The pest con- siikll be reviewed by. the veterinarian for the safe use of materials and methods. Sucl* veterinarian shall be at graduate of sur approved college of veterinary medicine. 7 (b) Animals shall be observed every day by the person in charge of the care of the ahimcds or by someone working under his direct supervision. Sick or dis- eased, stressed, injured,: or lame ani- mals shall be provided with veterinary care or humanely destroyed, unless such action is inconsistent with the research purposes for which the animal was ob- tained and is being held.; *. (c) (1) In the case of- a research fa- cility, the program of adequate veteri- nary care shall include, the appropriate use of ' anesthetic, analgesic, or tranquil - izing drugs, when such use would be proper in the opinion of the attending veterinarian at the research facility. The use of these three classes of drugs shall be in accordance with the currently ac- cepted veterinary medical practice as cited in appropriate professional journals or reference guides which shall produce in the individual subject animal a high level of tranquilization* anesthesia or analgesia consistent with 'the protocol or design of the experiment. (2) It shall be incumbent upon each research facility through its Animal Care Committee and/or attending veterinar- ian to provide guidelines and consulta- tion to research personnel with respect to the type and amount of, tranquilizers, anesthetics, or analgesics recommended as being appropriate for each species of animal used by that institution. (3) The use of these three classes of drugs shall effectively minimize the pain and discomfort of the animals while under experimentation. § 3.110 Handling. (a) Handling of animals shall be done as expeditiously and carefully in a way so as not to cause unnecessary discomfort, behavioral stress, or physical harm to the animal. Care should be exercised also to avoid harm to the handler. . ’ (b) Animals to which the public is afforded direct contact shall only be dis- played for periods of time and under conditions consistent with the animals’ health and not leading to their discomfort. (c) During public display, the animals must be handled so there is minimal risk of harm to the public with sufficient dis- tance allowed between animal acts and the viewing public to assure safety to both the public and the animals. Per- forming animals shall be allowed a rest RULES AND REGULATIONS period between performances equal to the time for one performance. ; Transportation Standards § 3.1l|| Vehidegi j. (a) Vehicles used in transporting ani- mals shall be mechanically.' sound and equipped to provide ‘adequate fresh air,, both when moving and stationary, to all' animals being transported, without in- jurious drafts or discomf ort^. . Ob) The animal cargo space shall be so constructed and mjaintained as to pre r vent the ingress of the vehicle’s exhaust gases/: ’ | • (c) The interior of the animal cargo space shall be kept j physically, clean. (d) The ambient temperature shall be sufficiently regulated ;by heating or cool- ing to protect the animals from the ex- tremes of temperature and. to provide: for their health and tjo preventtheir dis- comfort. The ambient temperature shall not be allowed to fall] below or rise above temperatures compatible with the health and comfort of the animal. § 3.112 Primary enclosures used to transport animals;. (a) Primary enclosures, such as com- partments, transport, cages, or, crates, used to transport anifrials shall be wellv constructed, well- ventilated, and de- signed to protect the| health and assure the safety of the animals. Such enclo- sures shall be constructed or positioned in the vehicle in such a manner that (1) each animal in the vehicle has access to sufficient air for normal breathing, (2) the openings of such enclosures are eas- ily accessible at all times for emergency removal of the animals and (3) the ani- mals are afforded adequate protection from the elements. 1 (b) Animals transported in the same primary enclosure shah be compatible. Socially dependent animals (e.g., siblings, dam, and young cagemates) must be allowed visual and olfactory contact. (c) Primary enclosures used to trans- port animals. shah be large enough to insure that each animal contained therein has sufficient space to turn about freely and to make normal postural ad- justments: Provided, however. That cer- tain species may be Restricted in their movements according] to professionally acceptable standards when such freedom of movement would constitute a danger to the animals or their handlers. - (d) Animals shall not be placed in primary enclosures oveir other animals in transit unless each enclosure is fitted with a floor of a material which pre- vents animal ^excreta j or other wastes from entering lower enclosures. (e) Primary enclosures used to trans- port animals shah be cleansed and sani- tized before and after each shipment. Ah bedding in the vehicle! shah be clean at the beginning of each trip. § 3.113 Food and water requirements. (a) Potable water shah be provided to eabh animal at least once in each 12-hour period except as directed by hi- bernation, veterinary treatment or other professionally accepted practices^ Those /i . ’ 24927 animals which, by common accepted practice, require watering more fre- quently shah be so watered. (b) Each animal shah be fed at least once in. each 24-hour period except as directed by hibernation, veterinary treat- ment, normal fasts or other profession- ally accepted practiced. .Those animals which,, by common accepted practice, require feeding more frequently shall bg so fed. (c) A sufficient quantity of food and water shah accompany the animal to provide food and water for such animal for a period of at least 24 hours, except as directed by hibernation, veterinary treatment, normal fasts, or other pro- fessionally accepted practices. § 3.114 Care in transit. (a) Itj shall be the responsibility of the attendant or. driver to inspect the animals frequently enough to assure the health and comfort of the animals. (b) In the event of a breakdown or delay of the vehicle, it is the responsibil- ity of the animal caretaker or vehicle operator to assure that .animals get ade- quate ventilation and protection from ; fumes, vehicle exhaust, extremes in tem- perature,, and that the animals are not subjected to undue discomfort. ' (c) In an emergency concerning the health and welfare of the animals, ade- quate veterinary care shall be provided without delay. The foregoing amendments shall be-: come effective on December 24, 1971. \ Done at Washington, D.C., this 21st day of December 1971. F. J. Mttlhern, Administrator, Animal and Plant Health Service. [FR Doc.71-18823 Filed 12-23-71:8:46 am] SUBCHAPTER A — LABORATORY ANIMAL WELFARE 1 SUBCHAPTER B— COOPERATIVE CONTROL AND ERADICATION OF LIVESTOCK OR POULTRY DISEASES <, SUBCHAPTER C — INTERSTATE TRANSPORTATION OF ANIMALS (INCLUDING POULTRY) AND ANIMAL PRODUCTS SUBCHAPTER D — EXPORTATION AND IMPORTA r TION ,OF ANIMALS (INCLUDING POULTRY) AND ANIMAL PRODUCTS SUBCHAPTER E — VIRUSES, SERUMS, TOXINS, AND ANALOGOUS PRODUCTS: ORGANISMS AND VECTORS SUBCHAPTER G — ANIMAL BREEDS SUBCHAPTER -H — VOLUNTARY INSPECTION AND CERTIFICATION SERVICE SUBCHAPTER I — ACCREDITATION OF VETERI- NARIANS AND SUSPENSION OR REVOCATION OF SUCH ACCREDITATION S.UBCHAPTER -PUBLIC INFORMATION ORGANIZATIONAL AND EDITORIAL AMENDMENTS TO CHAPTER Under authority delegated at 36 F.R. 20707, the provisions in Subchapters A, B, C, D, E, G, H, I, and J of Chapter I, Title 9, Code of Federal Regulations are • hereby amended, as follows, pursuant to FEDERAL REGISTER, VoL. 36, NO. 248--FRIDAY, DECEMBER 24, 1971 24928 ' /- ^ the statutory authorities under which such provisions were issu ed: 1. The headings of 9 CFR Chapter I, Subchapters B, C, and D are amended to read as set forth above. • . 2. Wherever in the provisipns in Sub- chapters A, B, C, D, E, G, H, I, and J reference is made to the Agricultural Research -^Service, such provisions are changed-to refer to the Anim al and! Plant Health Service. J _ 3. Wherever in the provisions in Sub- chapters -A, B, C, D, E, G, H, I, and J reference is made to the Division Anim al Health Division, or Veterinary Biologies Division, such provisions are changed to refer to the Veterinary Services unit of t.h p Animal and Plant Health Service. 4. Wherever in the provisions in Sub- chapters A, B, C, D, E, G, H, I, and J reference is made to the Director, Direc- tor of Division, Director of the Division, the Director of the Animal Health Divi- sion, or the Director of the Veterinary ^Biologies Division, such provisions are changed to refer to the Deputy Admin - istrator. Veterinary Services. 5. Wherever in Parts 76, 78, and 80, reference is made to the Meat Inspection Act it is changed to refer to the Federal Meat Inspection Act (21 UJS.C. 601 et seq.) to reflect amendments of the Act. Effective date. The foregoing amend- ments shall become effective upon pub- . li cation in the Federal Register (12—24— 71).- - v _ These amendments are either of an organizational nature or merely editorial. They| reflect the transfer of functions of the Animal Health Division and of the Veterinary Biologies Division of Agricul- tural] Research Service from the Agricul- tural Research Service to the newly established Animal and Plant Health Service. All functions of the Animal He£flthf Division and of the Veterinary Biologies Division, formerly Divisions of Agricultural Research Service, are cur- rently being performed by Veterinary Services, Animal and Plant Health Serv- ice. The amendments do not substanitafly affect the rights or. obligations of any member of thebublic. Accordingly, under the administrative procedure provisions in 5 UH.C. 353, it is found upon good .cause that notice and other public pro- cedure concerning the amendments aib impracticable and unnecessary, and good cause is found for making the amend- ments effective less then 30 days after publication in the Federal Register. - This document terminates the delega- tion of authorities of November 24, 1971 (36 FR. 22857) insofar as said delega- tion is inconsistent herewith. Done at Washington, D.C., this 21st day of December 1971. . F. J. Mulhern, Administrator , Animal and Plant Health Service. [FR Doc.71-18830 Filed 12-23-71; 8: 46 am] j RULES AND REGULATIONS J ■ v Chapter III — Consumer and Market- ing Service (Meat Inspection), De- . partment of Agriculture PART 309— ANTE MORTEM INSPECTION | Dietfcylstilbestrol ;On November 9, 1971, there was pub- lished (36 FR. 21414) a proposal to amend the meat inspection regulations under the Federal Meat Inspection Act (34 Stat. 1260, as amended, 21 UJS.C. 601 et seq.) to change ,the requirements for handling livestock, suspected of being adulterated with biological residues , t on ante mortem inspection at federally In- spected meat processing establishments. After due consideration of alLrelevant matters, including those presjjjjjfced in connection with such' proposal; and under the authority of the Federal Meat Inspection Act, § 309.16 of the regulations is amended as set forth below. Statement of considerations. The slaughter of livestock whose edible tissues may be adulterated because of a biological residue must be prevented until the residue is reduced to a level < where the tissues are again fit for use as human food and otherwise not adulterated. This amendment is adopted for the purpose of assuring, in the interest of consumer protection, that cattle and sheep carcasses and parts thereof passed for human food at establishments sub- ject to the Act are | not adulterated by residues of the synthetic hormonelike substance diethyls tilbestrol (DES). The amendment will not allow cattle or sheep to be slaughtered sj.t official establish- ments unless the operator of the official establishment obtains a certificate from the owner, feedlot manager, feeder; sell- ing agent, buying agent, dealer, pother person who had custody of the cattle and sheep during the production or feed- ing period, or during an interim holding period immediately prior to delivery to the official establishment. It must appear from the certificates that (1) the ani- mals have not received feed containing DEIS within the 7 days immediately prior to presentation for slaughter, and (2) the applicable regulations of the Food and Drug Administration were followed if the drug was administered in the feed of the cattle and sheep prior to such 7-day period. When the certification does not meet these requirements, or no certifi- cate is furnished, the cattle and sheep must be held alive for a required 7-day period, or slaughtered and tissue samples sent to an acceptable private or commer- cial laboratory for testing. Section 309.16 is amended to read as follows : § 309.16 Livestock suspected of having biological residues. (a) Except as;provided in paragraph Ob) or (c) of this section, no cattle or sheep shall be slaughtered at any official 1 ' establishment until- they have been held -thereat: as described in this paragraph for a minimum of T days before slaughter and the -fofiowhig- conditions are met: (1) ' The animals >• must ; be fed a 'ration free of &^ihylstaibestrol (DES) throughout the holding period. (2) Suitable ' facilities as specified in §|307.2(a) ; of this chapter must be pro- vided for holding the animals. (3) During such period the animals shall be. identified as "U.S. Condemned.” (to) In lieu of holding as required by paragraph (a) of this section, cattle or sheep may be handled as provided in this paragraph (b) . • . (1) Cattle or sheep may, subject to other restrictions under this subchap- ter, be slaughtered at any official estab- lishment ifthey;are accompanied by a certificate- as. prescribed in -this para- . graph, signed by the owner, feedlot man- ager,; feeder, selling agent, buying agent, dealer, or other person who had custody Of the annuals during a period of 7 days or more immediately prior to delivery to the official establishment. Each certifi- cate must show: . L- (1) The number and kind of animals covered by the certificate; (ii) That thej. person making the cer- -tifleation had custody of the animals for 7 days or more, immediately prior to de- livery to the official establishment; (in) Whether the animals did or did not receive feed containing DES while in th e custody of the person making the certification; ,J (iv) The date^ of withdrawing from DEIS if the animals received feed con- taining DES; and (v) That the regulations under the Federal Food, Drug, and Cosmetic Act were followed when feed-cont ainin g DES was used in the feeding of the animals. (2) Alternatively, cattle or sheep may, subject to other restrictions under this subchapter, be slaughtered at any official establishment if any market agency or dealer who provides cattle or sheep to the official establishment (hereinafter re- ferred to as the agency or dealer) and who had custody of the animals during an interim holding period of less than 7 days prior to delivery to the official estab- lishment, furnishes a certificate showing: (i) He has in his possession a certifi- cate or certificates executed by another person or persons showing: 1 ' (a) The .number and kind of animals covered by. each Certificate; * Cb) That the person or persons mak- ing the certification had custody of the animals for a period of 7 days or more prior to their delivery to said dealer; (c) Whether the aniTnate did or did not receive feed containing DEIS during the period in which the animals were in the custody of the person or persons mak- . mg the certification; (d) The date of withdrawing from DES if the animate received feed con- taining DES during said period; and (c) That the regulations under the Federal E\>od, Drug, and Cosmetic Act FEDERAL REGISTER, VOL. 36, NO. 248 — FRIDAY, DECEMBER 24, 1971