282 • Alternatives to Animal Use in Research, Testing, and Education 
within their own State or maintain intramural 
breeding colonies are not “research facilities” 
under this definition. 
• Registration Requirement. Research facil- 
ities not otherwise required to be licensed as 
a dealer or exhibitor are required to register 
with the Secretary [7U.S.C.A.2136]. Most U .S . 
research facilities covered by the act are thus 
required only to register, rather than to pay 
license fees and submit to more stringent com- 
pliance requirements and criminal penalties. 
A “dealer" is someone engaged in interstate 
trade of regulated animals for research, teach- 
ing, or exhibition, or for companion, hunting, 
breeding, or security purposes. “Exhibitors” 
include carnivals, circuses, and zoos touch- 
ing commerce in some way, excluding “retail 
pet stores, organizations sponsoring and all 
persons participating in State and county fairs, 
livestock shows, rodeos, purebred dog and 
cat shows, and any other fairs or exhibitions 
intended to advance agricultural arts and 
sciences,” as determined by the Secretary [7 
U.S.C.A. 2132(h)]. 
• Acquisition of Dogs and Cats. Covered re- 
search facilities (including Federal agencies 
[7 U.S.C.A. 2138]) may not purchase dogs or 
cats from anyone other than a person hold- 
ing a valid license, unless the seller is not re- 
quired to be licensed by the act, or an oper- 
ator of an auction sale [7U.S.C.A. 2137], who 
may also need a license [7U.S.C.A. 2142]. Only 
dealers and exhibitors who meet the act's defi- 
nitions for those activities, and auction sell- 
ers who sell dogs or cats “affecting commerce,” 
must be licensed. 
• Responsibility for Employees and Agents. 
A principal-agent relationship between re- 
search facilities and their agents or employ- 
ees concerning any "act, omission, or failure” 
is created by statute [7 U.S.C.A. 2139]. This 
provision creates a legal presumption that a 
covered research entity knows about, and is 
responsible for, transgressions of the act by 
its employees or authorized agents. 
• Recordkeeping for Animals. Research facil- 
ities must make and retain records only with 
respect to the purchase, sale, transportation, 
identification, and previous ownership of live 
dogs and cats [7 U.S.C.A. 2140]. 
• Animal Marking Requirements. Generally, 
the act requires that all animals delivered for 
transportation, transported, purchased, or 
sold, in commerce by a dealer or exhibitor be 
marked or identified as required by the Sec- 
retary. Research facilities need only mark or 
identify live dogs and cats [7 U.S.C.A. 2141]. 
• Compliance With Auction Sale Rules. Re- 
search facilities involved in purchase, handling, 
or sale of animals in commerce at auction sales 
must comply with humane standards and rec- 
ordkeeping requirements established by the 
Secretary to regulate those activities [7 
U.S.C.A. 2142]. 
• Standards of Care and Treatment. The gen- 
eral grant of rulemaking authority to the Sec- 
retary for establishing minimum requirements 
for handling, housing, feeding, watering, sani- 
tation, ventilation, shelter from extremes of 
weather and temperature, adequate veteri- 
nary care (including appropriate use of anes- 
thetic, analgesic, or tranquilizing drugs, when 
such use would be proper in the opinion of 
the research facility’s attending veterinarian), 
and separation of species when necessary may 
not be construed as authorizing the Secretary 
to promulgate rules, regulations, or orders 
with regard to design, outlines, guidelines, or 
performance of actual research or experimen- 
tation by a research facility as determined by 
such research facility . But the Secretary must 
require every facility to show annually that 
professionally acceptable standards govern- 
ing animal care, treatment, and use, "includ- 
ing appropriate use of anesthetic, analgesic, 
and tranquilizing drugs, during experimen- 
tation are being followed by the research fa- 
cility during actual research or experimenta- 
tion” [7 U.S.C.A. 2143(a)]. 
• Animal Certification Requirements. Re- 
search facilities may not deliver for handling 
or transportation in commerce any dog, cat, 
or other designated animal without a certifi- 
cate of inspection, executed by a licensed 
veterinarian not more than 10 days prior to 
delivery, for freedom from infectious diseases 
or physical abnormalities that would endan- 
ger the animal or other animals or endanger 
public health. The statute permits the Secre- 
tary by regulation to exempt from this require- 
