Ch. 13— Federal Regulation of Animal Use • 285 
facilities (like dealers, exhibitors, and auction oper- 
ators) must open their records to APHIS requests 
for information and inspections related to the act’s 
enforcement as well as their facilities, during or- 
dinary business hours, and they must be willing 
to have the facility's name published in a periodic 
list of registered facilities (9 CFR 2.126-2.127). They 
must also open their premises to inspection by po- 
lice or legally constituted law enforcement agen- 
cies with general law enforcement authority (other 
than agents whose sole authority is to enforce lo- 
cal animal regulations) for inspections for miss- 
ing animals, where the authority provides a de- 
scription of the animal and the owner’s name and 
address and agrees to abide by institutional pol- 
icies concerning spread of disease and animal 
escape, but such searches cannot be extended to 
animals undergoing actual research or experimen- 
tation's determined by the facility (9 CFR 2.128). 
An APHIS inspector can act to confiscate and 
destroy an animal found to be suffering as a re- 
sult of a research facility’s failure to comply with 
the act, its regulations, or its standards only: 
• if the animal suffering through such failure 
is no longer required to carry out the research, 
test, or experiment for which it has been 
utilized; 
• if the inspector has made a reasonable effort 
to notify the facility and request that the re- 
sponsible condition be corrected or appropri- 
ate veterinary care be given, and the facility 
refuses to comply; or 
• if the inspector is unable to locate or notify 
a representative of the facility, in which case 
a local law enforcement officer may be con- 
tacted to accompany the inspector to the 
premises to either provide veterinary care or 
confiscate and destroy the suffering animal. 
Costs of care or destruction are to be borne by 
the violator facility. If the animal to be destroyed 
is an endangered species, the Deputy Administra- 
tor is required to consult with the Department of 
the Interior and the International Union for the 
Conservation of Nature and Natural Resources [9 
CFR 2.129). 
Research facilities are required to comply with 
detailed standards for humane care and treatment, 
except that nothing in the rules, regulations, or 
standards may affect or interfere with the design, 
outlines, guidelines, or performances of actual re- 
search or experimentation by a research facility 
as determined by such research facility (9 CFR 
2.100(a)). 
Part 3 of the regulations details specific stand- 
ards for humane care and treatment according 
to category of defined animal— dogs and cats, 
guinea pigs and hamsters, rabbits, nonhuman pri- 
mates, marine mammals, and warm-blooded ani- 
mals other than the above species— under three 
headings: 
• Facilities and Operating Standards (general, 
indoor, and outdoor facilities and primary en- 
closures); 
• Animal Health and Husbandry Standards 
(feeding, watering, sanitation, employees, clas- 
sification and separation, and veterinary care); 
and 
• Transportation Standards (consignment to 
carriers and intermediate handlers, primary 
enclosures used for transport, primary con- 
veyances (motor vehicle, rail, air, and marine], 
food and water requirements, care in tran- 
sit, terminal facilities, and handling). 
Although specific environmental requirements 
differ by category of defined animal, the pattern 
of each set of standards is quite similar. The pri- 
mary difference with respect to research facilities 
pertains to the veterinary care standards for each 
animal, which contain the following common pro- 
visions: “Programs of disease control and preven- 
tion, euthanasia, and adequate veterinary care 
must be established and maintained under the su- 
pervision and assistance of a doctor of veterinary 
medicine.” Specifically, research facilities must: 
• include the appropriate use of anesthetic, anal- 
gesic, or tranquilizing drugs in their programs 
of veterinary care, when such use would be 
proper in the opinion of the attending veter- 
inarian. 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 refer- 
ence guides, which shall produce in the indi- 
vidual subject animal a high level of tranquili- 
zation, anesthesia, or analgesia consistent with 
the protocol or design of the experiment; 
