Animal Welfare Act

The Animal Welfare Act (AWA) requires wholesale breeders and dealers who supply animals to pet stores, brokers, or research facilities to be licensed with USDA. Breeders and dealers are required to meet the minimum standards of humane animal care and treatment established by the AWA. The USDA's Animal and Plant Health Inspection Service (APHIS) enforces the law with inspections. 

To find USDA-licensed dog breeders, go to the USDA Animal Care Public Search Tool. Select "list of persons licensed or registered under the Animal Welfare Act". This will prompt you to download a spreadsheet listing all licensees and registrants under the AWA.

The requirements of the Animal Welfare Act are set forth under the Regulations and Standards in the Code of Federal Regulations (CFR). These requirements are found in Title 9 CFR, Chapter 1, Subchapter A - Animal Welfare, Parts 1, 2, and 3. The requirements for field studies are set forth in Parts 1 and 2 of 9 CFR (2022) and are indicated below. Section numbers are provided for reference.

"Animal" is generally defined as any warm-blooded animal used for research, teaching, testing, experimentation, or exhibition purposes, or as a pet. Excluded from this definition are birds, rats of the genus Rattus and mice of the genus Mus, bred for use in research, horses not used for research purposes, and other farm animals used for food, fiber, or production purposes. This term includes all dogs used for hunting, security or breeding purposes. (see definition in section 1.1).

“Field study” means a study conducted on free-living wild animals in their natural habitat. However, this term excludes any study that involves an invasive procedure, harms, or materially alters the behavior of an animal under study. (Sect. 1.1)

Section 2.31 (c)(2) requires the Institutional Animal Care and Use Committee (IACUC) to: "Inspect, at least once every six months, all of the research facility's animal facilities, including animal study areas, using Title 9, Chapter 1, Subchapter A - Animal Welfare, as a basis for evaluation; Provided, however, That animal areas containing free-living wild animals in their natural habitat need not be included in such inspection:".

Section 2.31 (c)(6) and (7) requires the IACUC to review and approve, or make modifications to, proposed and ongoing activities related to the care and use of animals as specified in section 2.31(d).

Section 2.31(d) requires the IACUC to review the activities involving animals to determine that the proposed activities, or proposed significant changes in ongoing activities, are in accordance with regulations. There is a proviso that field studies as defined in Part 1 are exempt from this requirement. Should the activity not meet the definition of field study it is NOT exempt from this requirement.

While USDA considers the humane treatment of animals to be important, the USDA's regulatory authority does not extend to farm animals used for food, fiber, or other agricultural purposes. Typically, state and local laws govern the treatment of farm animals. Accordingly, you may wish to contact the appropriate state and local authorities such as Animal Control or your state's Department of Agriculture. 

Most livestock production industries in the United States have developed and implemented science-based animal care guidelines. Assurances that animals are being raised according to these guidelines are provided through voluntary third-party audits rather than legislation. Visit AWIC's Animal Welfare Audit and Certification Programs page to learn more. 

USDA's Animal and Plant Health Inspection Service (APHIS) conducts licensing and inspections of zoos to ensure compliance with the minimum standards of care required by the Animal Welfare Act. If you have concerns about zoos or zoo animals, contact APHIS Animal Care.  

Alternatively, you can use APHIS's online Animal Welfare Complaint form.

Companies who buy meat, milk, egg, and wool products from farmers will require them to enroll in certification programs, which sets standards for the humane care and treatment of livestock and poultry. Once a farmer is enrolled, animal welfare audits are conducted to ensure the certification program's standards are being met. Some well-known certification programs include Certified Humane Certification Program, Global Animal Partnership, Animal Welfare Approved, and Food Alliance. 

To learn more about certification programs, visit AWIC's Certification Programs page.

The requirements of the Animal Welfare Act are set forth under the Regulations and Standards in the Code of Federal Regulations (CFR). These requirements are found in Title 9 CFR, Chapter 1, Subchapter A - Animal Welfare, Parts 1, 2, and 3. The definition of terms are set forth in Part 1 of 9 CFR (2022) and are indicated below. 

The term “animal” means any live or dead dog, cat, monkey (nonhuman primate mammal), guinea pig, hamster, rabbit, or such other warm-blooded animal, as the Secretary may determine is being used, or is intended for use, for research, testing, experimentation, or exhibition purposes, or as a pet; but such term excludes (1) birds, rats of the genus Rattus, and mice of the genus Mus, bred for use in research, (2) horses not used for research purposes, and (3) other farm animals, such as, but not limited to livestock or poultry, used or intended for use as food or fiber, or livestock or poultry used or intended for use for improving animal nutrition, breeding, management, or production efficiency, or for improving the quality of food or fiber. With respect to a dog, the term means all dogs including those used for hunting, security, or breeding purposes (see section 1.1 for definition).

The requirements of the Animal Welfare Act are set forth under the Regulations and Standards in the Code of Federal Regulations (CFR). These requirements are found in Title 9 CFR, Chapter 1, Subchapter A - Animal Welfare, Parts 1, 2, and 3. The requirements for reports, notifications, certifications, and record keeping are set forth in Part 2 of 9 CFR (2022) and are indicated below. Section numbers are provided for reference.

Subpart C--Research Facilities

Section 2.30 Registration.

(a) Requirements and procedures.

(1) Each research facility, other than a Federal research facility, shall register with the Secretary by completing and filing a properly executed form, which will be furnished upon request, by the AC Regional Director for the State in which the research facility has its principal place of business, and shall be updated every 3 years by the completion and filing of a new registration form.

(c) Notification of Change of Operation.

(1) "A research facility shall notify the AC Regional Director by certified mail of any change in the name, address, or ownership, or other change in operations affecting its status as a research facility, within 10 days after making such change."

From Subchapter A--Animal Welfare, 9 C.F.R. § 2.1 et. seq. (2021). 

Dealers and Exhibitors

Subpart A--Licensing.

Section 2.1 Requirements and application.

(a)(1) Any person who operates or wishes to operate as a dealer or exhibitor must have a valid license and must be at least 18 years old. Application is to be made on a form furnished by the AC Regional Director and is to be filed with the AC Regional Director in the state in which that person operates or intends to operate. (Sect. 2.1 (a)(1)).

(2) All premises, facilities, or sites where such person operates or keeps animals are to be indicated on the application form, or on a separate sheet attached to it. The completed application, the application fee indicated in section 2.1 (d) and the annual license fee indicated in table 1 or 2 of section 2.6 are to be filed with the APHIS, AC Regional Director. (Sect. 2.1 (a)(2)).

(e)(1) On or before the expiration date of the license (the license is good for one year), a licensee who wishes to renew the license shall submit a completed application form, the application fee of $10, and the appropriate annual fee to the AC Regional Director. (Sect. 2.1 (e)(1)).

Section 2.2 Acknowledgement of regulations and standards.

The applicant is to acknowledge receipt of the regulations and standards and agree to comply with them by signing the application form or the license will not be issued or renewed. (Sect. 2.2).

Section 2.5 Duration of license and termination of license.

(b) Any person who is licensed must file an application for a license renewal and an annual report form and pay the required fees, on or before the expiration date of the present license or the license will automatically terminate on its anniversary date. (Sect.2.5 (b)).

Section 2.7 Annual report by licensees.

(a) "Each year, within 30 days prior to the expiration date of his or her license, a licensee shall file with the AC Regional Director an application for license renewal and annual report upon a form which the AC Regional Director will furnish him or her upon request." (Sect. 2.7 (a)).

Section 2.8 Notification of change of name, address, control, or ownership of business.

"A licensee shall promptly notify the AC Regional Director by certified mail of any change in name, address, management, or substantial control or ownership of his business operation, or of any additional sites, within 10 days of any change." (Sect. 2.8).

Subpart D - Attending Veterinarian and Adequate Veterinary Care.

Section 2.40 Attending veterinarian and adequate veterinary care, dealers and exhibitors.

(a) Each dealer or exhibitor shall have an attending veterinarian who shall provide adequate veterinary care to its animals in compliance with this section.

(1) "Each dealer and exhibitor shall employ an attending veterinarian under formal arrangements. In the case of a part-time attending veterinarian or consultant arrangements, the formal arrangements shall include a written program of veterinary care and regularly scheduled visits to the premises of the dealer or exhibitor;...". (Sect.2.40 (a)(1)).

(3) Daily observation of all animals is required to assess their health and well-being. A mechanism of direct and frequent communication is also required so that timely and accurate information on problems of animal health, behavior, and well-being is conveyed to the attending veterinarian. (Sect.2.40 (a)(3)).

Subpart E - Identification of Animals.

Section 2.50 Time and method of identification of animals.

(a) A class "A" dealer (breeder) shall identify all live dogs and cats as indicated in section 2.50 (a).

(b) A class "B" dealer shall identify all live dogs and cats as indicated in section 2.50 (b).

(c) A class "C" exhibitor shall identify live dogs and cats as indicated in section 2.50 (c).

(e) All animals, except dogs and cats, shall be identified as indicated in section 2.50 (e) by each dealer or exhibitor.

Subpart G - Records.

Section 2.75 Records: Dealers and exhibitors.

(a) (1) Each dealer and exhibitor, except auction sales and brokers, shall make and maintain records or forms that correctly disclose the information required in section 2.75 (a) for each dog or cat acquired, held, transported, or disposed of. On e copy of the record must accompany each shipment of any dog or cat. (Sect.2.75 (a)(1)-(4)).

(b) (1) Every dealer and exhibitor, except auction sales and brokers, shall make and maintain records or forms for animals other than dogs and cats, acquired, held, transported, or disposed of, as required in section 2.75 (b)(1)-(3). One copy of the record must accompany each animal shipment. (Sect.2.75 (a) (b)).

Section 2.76 Records: Operators of auction sales and brokers.

(a) Every auction sale or broker shall make and maintain records or forms, as required by section 2.76, for each animal consigned or sold. (Sect.2.76 (a)(1)-(8)).

(b) One copy of the record shall be given to the consignor of each animal, one copy to the purchaser of each animal, and one copy shall be retained by the auction sale or broker. (Sect.2.76 (b)).

Section 2.78 Health certification and identification.

(a) No dealer, exhibitor, operator of an auction sale, broker, or department, agency, or instrumentality of the United States or any State or local government shall deliver to an intermediate handler or carrier for transport, or shall transport, in commerce, any dog, cat, or nonhuman primate unless such animal is accompanied by a health certificate executed and issued by a licensed veterinarian in accordance with the requirements of section 2.78. (Sect.2.78 (a)-(d)).

Section 2.80 Records, disposition.

(a) "No dealer, exhibitor, broker, operator of an auction sale, carrier, or intermediate handler shall, for a period of one year, destroy or dispose of, without consent in writing of the Administrator, any books, records, documents, or other paper s required to be kept and maintained under this part." (Sect.2.80 (a)).

(b) Unless otherwise specified, the records required to be kept and maintained under this part shall be held for one year after an animal is euthanized or disposed of and for any period in excess of one year as necessary to comply with any applicable Federal, State, or local law. If the Administrator notifies a facility that specified records are to be retained pending an investigation or proceeding, the facility shall hold those records until their disposition is authorized by the Administrator. (Sect.2.80 (b)).

Subpart H - Compliance With Standards and Holding Period.

Section 2.102 Holding facility.

(a) "If any dealer or exhibitor obtains prior approval of the AC Regional Director, he may arrange to have another person hold animals for the required period provided for in paragraph (a) of section 2.101: Provided, That:" (Sect.2.102 (a)).

(1) "The other person agrees in writing to comply with the regulations in part 2 and the standards in part 3 of this subchapter and allow inspection of his premises by an APHIS official during business hours; and" (Sect.2.102 (a)(1)).

(2) The animals remain under the total control and responsibility of the dealer or exhibitor. (Sect.2.102 (a)(2)).

Subpart I - Miscellaneous.

Section 2.125 Information as to business.

Each dealer and exhibitor shall furnish any APHIS official any information concerning the business that the APHIS official may request in connection with the enforcement of the Act, regulations and standards. (Sect.2.125).

Section 2.126 Access and inspection of records and property.

(a) Each dealer and exhibitor, shall, during business hours, allow APHIS officials:

(1) To enter its place of business. (Sect.2.126 (a)(1)).

(2) To examine records required to be kept by the Act and the regulations. (Sect.2.126 (a)(2)).

(3) To make copies of the records. (Sect.2.126 (a)(3)).

(4) To inspect and photograph the facilities, property and animals, as the APHIS officials consider necessary to enforce the Act, regulations and standards. (Sect.2.126 (a)(4)).

(5) To document, by the taking of photographs and other means, conditions and areas of noncompliance. (Sect.2.126 (a)(5)).

Section 2.132 Procurement of random source dogs and cats, dealers.

(e) Any dealer or exhibitor who also operates a private or contract animal pound or shelter shall comply with the following: (Sect.2.132 (e)).

(2) Accurate and complete records are to be separately maintained by the licensee and by the pound or shelter. The records shall be in accordance with sections 2.75 and 2.76 unless the animals are lost or stray. If lost or stray, the pound or shelter records shall provide the information required in section 2.132 (e)(2)(i)-(iv). (Sect.2.132 (e)(2))

Section 2.133 Certification for random source dogs and cats.

(b) A dealer shall not sell, provide, or make available to any person a live random source dog or cat unless the dealer provides the recipient of the dog or cat with certification that contains the information set forth in section 2.133 (b)(1)-(6) . (Sect. 2.133 (b)).

(c) "The original certification required under paragraph (b) of this section shall accompany the shipment of a live dog or cat...." (2.133 (c)).

(d) "A dealer who acquires a live dog or cat from another dealer must obtain from that dealer the certification required by paragraph (b) of this section and must attach that certification (including any previously attached certification) to the certification which he or she provides pursuant to paragraph (b) of this section (a photocopy of the original certification will be deemed a duplicate original if the dealer does not dispose of all the dogs or cats in a single transaction)." (Sect. 2.133 (d)).

(e) "A dealer who completes, provides, or receives a certification required under paragraph (b) of this section shall keep, maintain, and make available for APHIS inspection a copy of the certification for at least 1 year following disposition." (Sect.2.133 (e)).

Part 3 - Standards

Subpart A - Dogs and Cats.

Section 3.8 Exercise for dogs.

Dealers and exhibitors must develop, document, and follow an appropriate plan to provide dogs with the opportunity for exercise. In addition, the plan must be approved by the attending veterinarian. The plan must include written standard procedure s to be followed in providing the opportunity for exercise. The plan must be made available to APHIS upon request. The plan, at a minimum, must comply with the conditions and requirements set forth in section 3.8 (a) (b) and (c). (Sect.3.8).

(d) Exemptions.

(1) If, in the opinion of the attending veterinarian, it is inappropriate for certain dogs to exercise because of their health, condition, or well-being, the dealer or exhibitor may be exempted from meeting the requirements of this section for those dogs. Such exemption must be documented by the attending veterinarian and, unless the basis for the exemption is a permanent condition, must be reviewed at least every 30 days by the attending veterinarian. (Sect.3.8 (d)(1)).

(3) Records of any exemptions must be maintained and made available to USDA officials upon request. (Sect. 3.8. (d)(3)).

Section 3.13 Consignment to carriers and intermediate handlers.

(b) Carriers and intermediate handlers must not accept a dog or cat for transport in commerce unless they are provided with the name, address and telephone number of the consignee. (Sect. 3.13 (b)).

(c) Carriers and intermediate handlers must not accept a dog or cat for transport in commerce unless the consignor certifies in writing to the carrier or intermediate handler that the dog or cat was offered food and water during the 4 hours before delivery to the carrier or intermediate handler. The certification must be securely attached to the outside of the primary enclosure in a manner that makes it easily noticed and read. Instructions for no food or water are not acceptable unless directed by the attending veterinarian. The certification must include the information required in section 3.13 (c)(1)-(4). (Sect. 3.13 (c)).

(e) Carriers and intermediate handlers must not accept a dog or cat for transport in commerce unless their animal holding area meets the minimum temperature requirements provided in sections 3.18 and 3.19 of this subpart, or unless the consignor provides them with a certificate signed by a veterinarian and dated no more than 10 days before delivery of the animal ..., certifying that the animal is acclimated to temperatures lower than those required in sections 3.18 and 3.19 of this subpart.... A copy of the certification must accompany the dog or cat to its destination and must include the information required in section 3.13 (e)(1)-(4). (Sect. 3.13 (e)).

Section 3.14 Primary enclosures used to transport live dogs and cats.

Any person subject to the Animal Welfare regulations (9 CFR parts 1, 2 and 3) must not transport or deliver for transport in commerce a dog or cat unless the following requirements are met:

(a) (6) The primary enclosure is to be clearly marked on top and on one or more sides with the words "Live Animals", in letters at least 1 inch high, and with arrows or other markings to indicate the correct upright position. (Sect. 3.14 (a)(6)).

(h) Accompanying documents and records. Shipping documents that must accompany shipments of dogs and cats...must be securely attached in a readily accessible manner to the outside of any primary enclosure that is a part of the shipment, in a manner that allows them to be detached for examination and securely reattached. Instructions for the administration of drugs, medication, and other special care must be attached to each primary enclosure in a manner that makes them easy to notice, to detach for examination, and to reattach securely. Food and water instructions must be attached in accordance with section 3.13 (c). (Sect. 3.14 (h)).

Section 3.16 Food and water requirements.

(b) Any dealer, research facility or exhibitor offering any dog or cat to a carrier or intermediate handler for transportation must securely attach to the outside of the primary enclosure used for transporting the dog or cat, written instructions for the in-transit food and water requirements for a 24 hour period for the dogs and cats contained in the enclosure. The instructions must be attached in a manner that makes them easily noticed and read. (Sect. 3.16 (b)).

Subpart B - Guinea Pigs and Hamsters.

Section 3.27 Facilities, outdoor.

(a) Hamsters shall not be housed in outdoor facilities.

(b) "Guinea pigs shall not be housed in outdoor facilities unless such facilities are located in an appropriate climate and prior approval for such outdoor housing is obtained from the Deputy Administrator." (Sect. 3.27 (b)).

Section 3.35 Consignment to carriers and intermediate handlers.

(c) Carriers and intermediate handlers whose facilities fail to meet the minimum temperature requirements may accept live hamsters for transportation if the consignor furnishes a certificate executed by a veterinarian, no more than 10 days prior to delivery for transport, stating that such live hamster is acclimated to air temperatures lower than those prescribed in sections 3.40 and 3.41. A copy of such certificate shall accompany the shipment to its destination and shall contain the information required in section 3.35 (c)(1)-(4). (Sect. 3.35 (c)).

Section 3.36 Primary enclosures used to transport live guinea pigs and hamsters.

No person subject to the Animal Welfare regulations shall offer for transportation, or transport, any live guinea pig or hamster in a primary enclosure that does not conform to the requirements in section 3.36.

(g) Primary enclosures used to transport live guinea pigs or hamsters shall be clearly marked on top and on one or more sides with the words "Live Animals" in letters not less than 1 inch in height and with arrows or other markings to indicate the correct upright position of the container. (Sect. 3.36 (g)).

(h) Documents accompanying the shipment shall be attached in an easily accessible manner to the outside of the primary enclosure. (Sect. 3.36 (h)).

Subpart C - Rabbits.

Section 3.60 Consignments to carriers and intermediate handlers.

(b) Any carrier or intermediate handler shall only accept for transportation or transport, in commerce, any live rabbit in a primary enclosure which conforms to the requirements set forth in section 3.6l of the standards: Provided, however, That any carrier or intermediate handler may accept....any live rabbit....if such consignor furnishes to the carrier or intermediate handler a certificate, signed by the consignor, stating that the primary enclosure complies with section 3.61 of the standard, unless such primary enclosure is obviously defective or damaged and it is apparent that it cannot, reasonably be expected to contain the live rabbit without causing suffering or injury to such live rabbit. A copy of such certificate shall accompany the shipment to destination. The certificate shall include the information required in section 3.60 (b)(1)-(4). (Sect. 3.60 (b)).

(c) Carriers or intermediate handlers whose facilities fail to meet the minimum temperatures allowed by the standards may accept....any live rabbit....if the consignor furnishes to the carrier or intermediate handler a certificate executed by a veterinarian....on a specified date which shall not be more than 10 days prior to delivery of such rabbit for transportation....stating that such live rabbit is acclimated to air temperatures lower than those prescribed in sections 3.65 and 3.66. A copy of such certificate shall accompany the shipment to destination. The certificate shall include the information required in section 3.60 (c)(1)-(4). (Sect. 3.60 (c)).

Section 3.61 Primary enclosures used to transport live rabbits.

No person subject to the Animal Welfare regulations shall offer for transportation or transport....any live rabbit in a primary enclosure that does not conform to the requirements in section 3.61.

(f) Primary enclosures used to transport live rabbits....shall be clearly marked on top and on one or more sides with the words "Live Animals" in letters not less than 1 inch in height and with arrows or other markings to indicate the correct upright position if the container. (Sect. 3.61 (f)).

(g) Documents accompanying the shipment shall be attached in an easily accessible manner to the outside of the primary enclosure. (Sect. 3.61 (g)).

Subpart D - Nonhuman Primates.

Section 3.81 Environment enhancement to promote psychological well-being.

Dealers and exhibitors must develop, document, and follow an appropriate plan for environment enhancement adequate to promote the psychological well-being of nonhuman primates. The plan must be in accordance with the currently accepted professional standards as cited in appropriate professional journals or reference guides, and as directed by the attending veterinarian. This plan must be made available to APHIS upon request....The plan must address the requirements set forth in section 3.81 (a)(b) (c) and (d). (Sect. 3.81).

(e) Exceptions.

(1) "The attending veterinarian may exempt an individual nonhuman primate from participation in the environment enhancement plan because of its health or condition, or in consideration of its well-being. The basis for exemption must be recorded by the attending veterinarian for each exempted nonhuman primate. Unless the basis for exemption is a permanent condition, the exemption must be reviewed at least every 30 days by the attending veterinarian." (Sect. 3.81 (e)).

(3) Records of any exemptions must be maintained by the dealer or exhibitor and must be made available to USDA officials upon request. (Sect.3.81 (e)(3)).

Section 3.86 Consignment to carriers and intermediate handlers.

(b) "Carriers and intermediate handlers must not accept a nonhuman primate for transport in commerce unless they are provided with the name, address, telephone number, and telex number, if applicable, of the consignee." (3.86 (b)).

(c) Carriers and intermediate handlers must not accept a nonhuman primate for transport in commerce unless the consignor certifies in writing to the carrier or intermediate handler that the nonhuman primate was offered food and water during the 4 hours before delivery to the carrier or intermediate handler. The certification must be securely attached to the outside of the primary enclosure in a manner that makes it easily noticed and read. Instructions for no feed or water are not acceptable unless directed by the attending veterinarian. Instructions must be in compliance with section 3.89. The certification must include the requirements set forth in section 3.86 (c)(1)-(4). (Sect. 3.86 (c)).

(e) Carriers and intermediate handlers must not accept a nonhuman primate for transport in commerce unless their animal holding area facilities meet the minimum temperature requirements provided in sections 3.91 and 3.92, or unless the consignor provides them with a certificate signed by a veterinarian and dated no more than 10 days before delivery to the carrier or intermediate handler, certifying that the animal is acclimated to temperatures lower than those that are required in sections 3.91 and 3.92....A copy of the certification must accompany the nonhuman primate to its destination and must include the information set forth in section 3.86 (e)(1)-(5) for each primary enclosure. (Sect.3.86 (e)).

Section 3.87 Primary enclosure used to transport nonhuman primates.

Nonhuman primates must be confined in primary enclosures that meet the requirements of section 3.87 (a),(b),(c),(d) and (e).

(f) Marking and labeling. Primary enclosures must be clearly marked in English on the top and on one or more sides with the words "Wild Animals", or "Live Animals", in letters at least 1 inch high and with arrows or other markings to indicate the correct upright position of the primary enclosure. (Sect. 3.87 (f)).

(g) Accompanying documents and records. Shipping documents that must accompany shipments of nonhuman primates .... must be securely attached in a readily accessible manner to the outside of any primary enclosure that is part of the shipment, in a manner that allows them to be detached for examination and securely reattached .... Instructions for administration of drugs, medication, and other special care must be attached to each primary enclosure in a manner that makes them easy to notice, to detach for examination, and to reattach securely. (Sect. 3.87 (g)).

Section 3.89 Food and water requirements.

(a) ".... Consignors who are subject to Animal Welfare regulations (9 CFR parts 1, 2 and 3) must certify that each nonhuman primate was offered food and potable water within the 4 hours preceding delivery of the nonhuman primate to a carrier or intermediate handler for transportation in commerce, and must certify the date and time the food and potable water was offered, in accordance section 3.86 (c) of this subpart." (Sect. 3.89 (a)).

(b) Any dealer or exhibitor offering a nonhuman primate to a carrier or intermediate handler for transportation in commerce must securely attach to the outside of the primary enclosure used for transporting the nonhuman primate, written instructions for a 24 hour period for the in-transit food and water requirements of the nonhuman primate(s) contained in the enclosure. The instructions must be attached in a manner that makes them easily noticed and read. (Sect. 3.89 (b)).

Subpart E - Marine Mammals.

Section 3.101 Facilities, general.

(b) Water and power supply. ".... Written contingency plans must be submitted to and approved by the AC Deputy Administrator regarding emergency sources of water and electric power in the event of failure of the primary sources, when such failure could reasonably be expected to be detrimental to the good health and well-being of the marine mammal housed therein." (Sect. 3.101 (b)). (The plan must include the requirements in this section: 3.101(b)).

Section 3.106 Water quality.

(a) General. "The primary enclosure shall not contain water which would be detrimental to the health of the marine mammal contained therein." (3.106 (a)).

(b) Bacterial standards.

(3) "Water samples shall be taken and tested at least weekly for coliform count and at least daily for pH and any chemical additives (e.g. chlorine and copper) that are added to the water to maintain water quality standards.... Records must be kept documenting the time when all such samples were taken and the results of the sampling. Records of all such test results shall be maintained by management for a 1-year period and must be made available for inspection purposes on request." (3.106 (b)(3)) .

Section 3.110 Veterinary care.

(f) All marine mammals must be visually examined by the attending veterinarian at least semiannually and physically examined when determined by the attending veterinarian and at least annually.

(g) "A complete necropsy must be conducted by or under the direct supervision of a veterinarian on all marine mammals that die in captivity. A necropsy report must be prepared by the veterinarian listing all pathologic lesions observed and giving the apparent cause of death. All diagnostic rests conducted on post mortem specimens shall be listed in the report, and the results of each test recorded. The management of the facility, at which the marine mammal died, must maintain these necropsy records for a period of 3 years and present them to Department inspectors when requested." (Sect. 3.110 (d)).

Section 3.112 Consignment to carriers and intermediate handlers.

(b) Any carrier or intermediate handler shall only accept for transportation or transport, in commerce, any marine mammal in a primary enclosure which conforms to the requirements set forth in section 3.113 of the standards: Provided, however, That any carrier or intermediate handler may accept for transport, in commerce, any marine mammal .... if the consignor furnishes to the carrier or intermediate handler a certificate, signed by the consignor, stating that the primary enclosure complies with section 3.113 of the standards, unless such primary enclosure is obviously defective or damaged and it is apparent that it cannot reasonably be expected to contain the marine mammal without causing suffering or injury to such marine mammal. A copy of such certificate shall accompany the shipment to destination. The certificate shall include the information set forth in section 3.112 (b)(1)-(4). (Sect. 3.112 (b)).

(c) Carriers or intermediate handlers whose facilities fail to meet the minimum temperature allowed by the standards may accept for transportation or transport, in commerce, any marine mammal .... if the consignor furnishes to the carrier or intermediate handler a certificate executed by the attending veterinarian .... on a specified date which shall not be more than 10 days prior to delivery of such animal for transportation, in commerce, stating that the marine mammal is acclimated to an air temperature range lower or higher than those prescribed is sections 3.117 and 3.118. A copy of such certificate shall accompany the shipment to destination. The certificate is to include at least the information required in section 3.112 (c)(1)-(4). (Sect. 3.112 (c)).

Section 3.113 Primary enclosures used to transport marine mammals.

(f) Primary enclosures used to transport marine mammals .... shall be clearly marked on top and on one or more sides with the words "Live Animal" or "Wild Animal" .... in letters not less than 1 inch in height, and with arrows or other markings, t o indicate the correct upright position of the container. (Sect. 3.113 (f)).

(g) "Documents accompanying the shipment shall be attached in an easily accessible manner to the outside of a primary enclosure which is part of such shipment." (Sect. 3.113 (g)).

Subpart F - Other animals.

Section 3.133 Separation.

Animals housed in the same primary enclosure must be compatible and not be housed near animals that interfere with their health or cause them discomfort.

Section 3.136 Consignment to carriers and intermediate handlers.

(b) Any carrier or intermediate handler shall only accept for transportation or transport, in commerce, any live animal in a primary enclosure which conforms to the requirements set forth in section 3.137 of the standards: Provided, however, That any carrier or intermediate handler may accept for transportation or transport, in commerce, any live animal .... if the consignor furnishes to the carrier or intermediate handler a certificate, signed by the consignor, stating that the primary enclosure complies with section 3.137 of the standards, unless such primary enclosure is obviously defective or damaged and it is apparent that it cannot reasonably be expected to contain the live animal without causing suffering or injury to such live animal. A copy of such certification shall accompany the shipment to destination. The certificate shall include at least the information required in section 3.136 (b)(1)-(4). (Sect. 3.136 (b)).

(c) Carriers and intermediate handlers whose facilities fail to meet the minimum temperature allowed by the standards may accept for transportation or transport, in commerce, any live animal .... if the consignor furnishes to the carrier or intermediate handler a certificate executed by a veterinarian .... on a specific date which shall not be more than 10 days prior to delivery of such animal for transportation in commerce, stating that such live animal is acclimated to air temperatures lower than those prescribed in sections 3.141 and 3.142. A copy of such certificate shall accompany the shipment to destination. The certificate shall include the information required by section 3.136 (c)(1)-(4). (Sect. 3.136 (c)).

Section 3.139 Food and water requirements.

(d) Any dealer or exhibitor offering any live animal to any carrier or intermediate handler for transportation in commerce shall affix to the outside of the primary enclosure used for transporting such live animal, written instructions concerning the food and water requirements of such animal while being so transported. (Sect.3.139 (d)).