SUMMER 2006

The Animal Welfare Act: Yesterday, Today, and Tomorrow

A P U B L I C AT I O N O F T H E A M E R I C A N A N T I -V I V I S E C T I O N SOCIETY Who Are We? VOLUME CXIV, NUMBER 3 ISSN 0274-7774

ounded in 1883, the American Anti- Vivisection Society (AAVS) is the oldest FIRST WORD non-profitF animal advocacy and educational organization in the United States dedicated to ending experimentation on animals in Is the AWA effectively protecting Contents research, testing, and education. AAVS also FEATURES opposes and works to end other forms of animals? It is a simple question, but one cruelty to animals. We work with students, that is essential to address at the 40-year unit, finding that the agency can take several grassroots groups, individuals, teachers, the anniversary of the Animal Welfare Act Managing Editor 2 A Dalmatian, a Camera, and actions to improve the way it upholds the Animal media, other national organizations, govern- Crystal Schaeffer Congress: The History of the Animal Welfare Act. ment officials, members of the scientific (AWA). Upon reflection, there have been Copy Editor Welfare Act community, and advocates in other coun- many successes, although much still needs By Nicole Perry, AAVS Outreach Coordinator tries to legally and effectively end the use of Julie Cooper-Fratrik 14 Protecting Animals through animals in science through education, advo- to be done to ensure that humane care and Spurred by the death of Pepper who was stolen the Law cacy, and the development of alternative treatment is provided to animals used by and sold to a laboratory, and a Life magazine By Laura Ireland, Esq., Executive Director, methods to animal use. exposé, the Animal Welfare Act was enacted in National Center for Animal Law exhibitors, dealers, and research facilities. 1966, becoming the first law in the U.S. written AAVS has two main divisions, each involved STAFF Animal law a growing speciality in the animal A review of federal agency documents specifically to protect the welfare of animals. in specific activities. Animalearn is the Tracie Letterman, Esq., advocacy movement and will play an important education program of AAVS, which focuses and media reports reveals that: Executive Director role in the expansion of animal welfare ideals. on ending vivisection and dissection in the Jeanne Borden, 6 The Who, What, Where, When, Why, classroom. From elementary through college å Exhibited animals are still suffering. Incidences of severe mistreatment of Administration Assistant and How of the Animal Welfare Act levels, Animalearn helps countless individu- animals at circuses and roadside zoos are all too prominent. The inability of zoos to By Crystal Schaeffer, M.A. Ed., Personal Reflections on the 1985 als make their classrooms more humane. Laura Ducceschi, Education Director 17 provide adequate space and living conditions is also apparent due to the large number AAVS Outreach Director Laboratory Animal Laws Animalearn operates the most aggressive Heather Gaghan, Director of By Bernard E. Rollin, Ph.D., University dissection alternatives lending library in of elephants dying and suffering from life threatening foot and joint problems. Development & Member Services Who does the Animal Welfare Act cover? What Distinguished Professor, Colorado State the country, The Science Bank; it provides Nicole Green, Assistant Director of is its purpose? Where can I learn more? When University alternatives to using animals, from basic ç Pet animals are still suffering. There are countless reports of dogs and was it enacted and amendments added? Why is it dissection, through psychology experiments. Education Considered by many to be one of the most puppies living in filthy and inhumane conditions at puppy mills throughout Nicole Perry, Outreach Coordinator important? How does it protect animals? Animalearn also participates in national important of all Animal Welfare Act amendments, teacher conferences and hosts workshops the country. Only wholesale dealers are covered under the AWA. As a result, Crystal Schaeffer, Outreach Director the 1985 amendment requires researchers to help teachers learn ways of educating numerous retail puppy mill dealers (including sales over the internet) are Jason Schoen, Membership Coordinator 9 Senator Bob Dole Speaks to consider alternatives and mandates that without harming other living creatures. Julie Sinnamon, Office Manager for Animals Institutional Animal Care and Use Committees be Animalearn’s National Humane Educators completely exempt from the law, allowing the puppy mill industry to flourish. Network links interested parties with speak- Lauren Zaprala, IT Manager & Senator Bob Dole played an important role in established at research facilities. é Research animals are still suffering. Sadly, these animals are suffering the Graphic Designer ers across the country, bringing the message the development of the Animal Welfare Act, and of humane education to thousands. worst of all because over 95 percent of animals bred for use in research (birds, rats, in a 2002 personal letter to the Director of the Whose Rule Reigns? How the AWA GRAPHIC DESIGN/ILLUSTRATION: Alternatives Research & Development Foundation, 22 and mice) are not covered by the AWA. When Congress excluded these animals Measures up to European Laws The Outreach division of AAVS educates the © Copyright 2006 eureka, an affiliate of AAVS, he expressed that Congress’s general public about animal issues through from the Act in 2002, all protections for these animals were halted, including www.abouteureka.com By Crystal Schaeffer, M.A. Ed., original intent was for all warm-blooded animals to AAVS Outreach Director one of the top-rated literature collections the requirement that researchers provide these animals with humane care and The AV Magazine (USPS 002-660) is be covered by the Act. in the animal advocacy movement and the published quarterly under the auspices of The broadest piece of legislation protecting informative AAVS website. Our quarterly treatment during experimentation. Over a million animals used in research, such the American Anti-Vivisection Society, animals in the U.S., the Animal Welfare Act falls publication, AV Magazine, and bi-monthly as dogs, cats, and primates, are covered by the AWA, but 80-100 million rats and Sue Leary, President. Annual membership The Animal Welfare Act: creating newsletter, Activate For Animals, provide 10 short in meeting its intention, especially when mice specifically bred for use in research receive no protection under the law. dues: $25 .00. Third-class postage paid at a legacy through the law compared to laws in Europe. comprehensive up-to-date information on Lancaster, Pa. By Nancy Blaney, Doris Day Animal League the scientific and ethical dimensions of animal experiments and alternatives. Both These are only a few examples of the animal welfare problems that are From her lobbyist perspective, Ms. Blaney offers Office of Publication: 24 AAVS Perspective On the publications encourage AAVS members and emerging. Clearly, amendments to the AWA are necessary to close loopholes 801 Old York Rd., #204 her insight in the shaping of the Animal Welfare Protection Of Laboratory Animals supporters to become actively involved in to better protect animals. The 40th anniversary of the AWA is a good time to our campaigns. Outreach staff also travel to Jenkintown, PA 19046-1685 Act. Under the Animal Welfare Act speaking engagements and conferences and address animal welfare concerns with your federal Representative and Senators Telephone: (215) 887-0816 By Tracie Letterman, Esq., place advertisements in national publica- and the agency charged with enforcing the AWA, the United States Department Fax: (215) 887-2088 USDA Audit Reveals Shortcomings AAVS Executive Director tions to spread the AAVS message across the E-mail: [email protected] 12 in Animal Welfare Act Enforcement An expert in animal law and issues concerning country. of Agriculture. Only through hearing public opposition to the treatment of Website: www.aavs.org By Crystal Schaeffer, M.A. Ed., the Animal Welfare Act, Ms. Letterman shares animals in zoos, puppy mills, and research facilities will there be change. AAVS Outreach Director her candid thoughts from an AAVS perspective The Alternatives Research & Development Articles published in the AV Magazine may on what the future holds for this important Foundation (ARDF), an affiliate of AAVS, But let us not dwell solely on the negative. Although there are numerous animal be reproduced with written permission and Last year, the U.S. Department of Agriculture awards grants to scientists and educators with credit given to AAVS. Also, we appreciate conducted an audit of its Animal, Plant, and piece of legislation. working to develop non-animal methods welfare problems that require legislative or regulatory and enforcement changes, receiving pertinent newspaper and magazine Health Inspection Service and its Animal Care of investigation. ARDF’s unique program there are also parts of the law that are helping animals. These provisions must be clippings, including their sources and dates of provides the necessary resources for the preserved. For instance, requiring researchers to consider alternative methods to publication. development of alternatives to the use of COLUMNS animals, and it advocates the use of alterna- using animals in harmful/painful procedures is an important provision in forcing the When sending funds or making bequests, tives through the internet and by participat- research community to consider using non-animal alternatives. Through the AAVS please use our legal title: ing in conferences and seminars. Through 18 MediaWatch 31 Message to Our Members these endeavors, ARDF works to promote affiliate, Alternatives Research & Development Foundation, $1.5 million in grants have The American Anti-Vivisection Society From print and radio media to the internet, see Summer is a great time of year to reflect on the scientific solutions for today with humane been awarded for the development of non-animal methods in research, testing, and visions for the future. 801 Old York Rd., #204 firsthand how AAVS promotes its programs and beauty of nature and importance of protecting education. Through the development of non-animal alternative methods, the use of Jenkintown, PA 19046-1685 campaigns and works to educate the public. animals and the environment. We ask you to become a member of AAVS animals in research will decrease—a goal that AAVS constantly strives to achieve. and help us to end the use of animals in Organized and established in 1883. science through education, advocacy, and NewsNet 31 TRIBUTES AAVS understands that protecting animals is an ongoing battle. We have been Pet28 Safety and Protection Act; Don’t Let Special friends honored and remembered. the development of alternative methods. doing it for 123 years. With the continued help and support of members and The American Anti-Vivisection Society It is only through the support of members does not verify all of the claims made Them Suffer in Secret: Help Strengthen and other individuals that we are able to constituents like you, we can be a powerful voice for the animals and make the by the authors and the individual views ex- the Freedom of Information Act!; pressed in the AV Magazine do not ARDF Update continue our vital and successful programs. necessary regulatory and legislative changes to the law while protecting the core necessarily reflect the policy of the organization. Support Alternatives Bills in NY and NJ!; 32 Although the Animal Welfare Act was written principles that the legislative founders of the AWA envisioned 40 years ago. Support Student Choice in Michigan! solely to set minimal standards of care and treatment for animals, the 1985 amendment Printed on recycled paper. stipulates that researchers consider and use, if available, alternatives rather than animals in their experiments.

mericans have long been dalmatian started it all. Before Pepper were written in response to the February considering curbing medical research. concerned with the welfare of vanished from her yard in 1965, the issue 4, 1966 spread than any other article I have always considered myself a friend animals. In fact, the first U.S. of stolen animals for research was not written in the history of Life magazine, of the medical researcher. Yet, we do not A laws established to protect a well-known public concern. However, including articles about the Vietnam War. think we can allow the needs of research, animals date back to 1641 Pepper’s disappearance—and her tragic Stan Wyman, photographer of the great as they may be, to promote either with the enactment of the Massachusetts demise—sparked a national drama that shocking photo-essay, detailed the raid the theft of a child’s pet or the growth of 1 8 “Body of Liberties.” The Liberties were led to the introduction of a bill that would of Lester Brown’s farm in White Hall, unscrupulous animal dealers.” drafted by early American colonists and later become the Laboratory Animal Maryland. He described what he saw as From the beginning, both bills faced provided “That no man shall exercise Welfare Act. a “den of woes”: dogs were chained to opposition, but the exposé in Life any tyranny or cruelty toward any bruit After frantically searching their wooden crates, and the only food in sight magazine helped build public support. creatures which are usually kept for the neighborhood without success, Pepper’s was a pile of frozen meat; some animals Twenty other bills had been introduced use of man.” Over 200 years later, the first family learned that she had been found were visibly malnourished, their ribs on the subject, and their nuances were federal animal protection law, the 28- and taken to a local humane society; showing through their skin; and perhaps being considered. Finally, on September Hour Law of 1877, was enacted, requiring but, unfortunately, her family could not the saddest sight was a dead beagle who 2, 1965, Resnick’s bill had a chance that livestock be rested and watered once retrieve her. Pepper had been sold to an had frozen beneath a wooden crate. In to be heard in the House Agriculture 2 every 28 hours during transport. This animal dealer, a practice called pound addition to these descriptions, readers saw Committee, chaired by Representative important legislation was championed seizure, and no one could tell her family the eyes of real dogs, loving and innocent W.R. Poage (D-TX). Poage was the by AAVS founder Caroline Earle White exactly where she was or what would be like the eyes of the dogs sitting next to author of the Humane Slaughter Act, who helped to convict many who violated her fate. them, or sunning in their backyards, or and championed Resnick’s bill when it it. In addition to this federal law, many Amazingly, one of Pepper’s family sleeping on their beds. came to his Committee. Christine Stevens, states had anti-cruelty statutes, but none President of the Animal Welfare Institute extended to the laboratory environment. members spotted her in a newspaper Wyman warned Life readers that “50 photograph of animals being unloaded percent of all missing pets have been (AWI), submitted this testimony in favor It was not until 1966 that the most from a dealer’s truck in New York. There, stolen by ‘dognappers,’ who in turn sell of the bill: fundamental standards for the use of among 17 other dogs and two goats, was them to dealers.”5 In other words, many “The unaccountable reluctance of animals in biomedical research were set Pepper’s speckled face. Following this of the dogs in his pictures were probably scientific groups to act with firmness with the advent of the Laboratory Animal lead, her family drove from Pennsylvania people’s companion animals. to stop abuses means that it is up to Welfare Act, later known as simply the to New York to confront the dealer, but Congress to supply the mandatory Animal Welfare Act (AWA). The AWA Soon after the issue hit the stands, was denied access to the property. there was a flood of public support for standards and inspection. Breeders, has since become the basis for creating dealers, scientific institutions, and a national animal protection law. In Shaken, but not deterred, the family Resnick’s bill—and political support as contacted the Animal Welfare Institute, an well. Wyman’s article had been hand- manufacturers of equipment for sale to addition to regulating the use of animals laboratories all have a vested interest in laboratory settings, the AWA has also, advocacy group in Washington, DC, which delivered to every member of Congress. used its powers to contact Representative in animal experimentation, whether through amendments, extended its reach 6 Joseph Resnick (D-NY), the Congressman “It is up to the Congress” or not it produces results beneficial to to cover animals used in other areas, such humanity. It is beyond their powers to in the dealer’s district. Unfortunately, With passion and fury after Pepper’s as exhibitors and dealers. police themselves, for there are too many even Resnick’s personal attempts to death, Representative Resnick penned a To this day, the AWA remains the only pressures preventing them from doing intercede failed, and it finally took police bill that strictly defined the terms “dealer” federal law designed to cover animals an honest and effective job. Therefore, pressure to discover that Pepper had been and “exhibitor.” The bill mandated that who are used by dealers, exhibitors, we earnestly request the Congress to sold to a New York hospital where she was dealers be licensed and inspected by the transporters, and researchers. Lamentably, enact this Poage bill, H.R. 12488, which used in an experiment and died on the U.S. Department of Agriculture (USDA), since it formally excludes birds, rats, and can, through inspection and licensing, operating table. The family, Resnick, and and required that all laboratories mice bred for use in research, the law promptly bring an end to the widespread the nation were devastated. purchase only from licensed dealers. covers only a mere five percent of animals abuses in the handling and housing of Angered by this injustice, Resnick Additionally, Resnick called upon the used in experiments. animals by those who sell and those who decided to introduce a bill that would Secretary of Agriculture to set humane buy experimental animals and which On August 24, 1966, President Lyndon prevent such wrongs from ever happening standards for animal care and use. By Nicole Perry, AAVS Johnson signed the Laboratory Animal will prevent theft of pets for sale to again. His cause was noble, and his Once Resnick’s bill began wading 9 Outreach Coordinator Welfare Act into law with the promise of laboratories.” passion strong, but along the way, he was through the House of Representatives, protecting animals used (and stolen for Unfortunately, after two hearings, the met with much opposition. a similar bill was introduced into the use) in research. Upon signing the Act, bill passed the House in a stripped-down Senate by Senator Warren Magnuson Johnson avowed, “Science and research “Den of woes”4 version that covered only cats and dogs, (D-WA). A self-proclaimed “friend of do not compel us to tolerate the kind of did not require mandatory inspections Fortuitously, around the time that the medical researcher,”7 Magnuson A Dalmatian, a Camera, inhumanity which has been involved in of dealers, and did not extend to the Resnick was seeking support for his bill, had earlier helped usher in legislation the business of supplying stolen animals laboratory environment at all. Life magazine ran a photo-essay titled that created the Cancer Institute and to laboratories, or which is sometimes and Congress: The History “Concentration Camps For Lost and the National Institutes of Health, both On its way through the Senate, involved in the careless and callous Stolen Pets,” documenting the horrors of in Bethesda, Maryland. Upon the however, the bill had yet another chance handling of animals in some of our own class B animal dealerships, businesses that introduction of Resnick’s companion to transform. Senator Mike Monroney of the Animal Welfare Act laboratories. This bill will put an end to sell animals for use in scientific research. bill, he said, “I would like to emphasize (D-OK) wrote an amendment that these abuses.”3 As history would later Being the most widely read weekly news that the issue before us today is not the restored coverage of laboratory animals prove, the AWA did put an end to some magazine of that time, Life had the merits or demerits of animal research. and, despite pressure from the National abuses—but certainly not all of them. opportunity to educate a great number We are interested in curbing petnapping, Institutes of Health, the bill passed the Senate in a vote of 85 to 0. With just as Pepper’s Story of people about the grotesque conditions catnapping, dognapping, and protecting in which these dogs and cats lived. And it animals destined for research laboratories, much celerity, the bill was signed into law Purportedly, the disappearance of one did. The public was outraged. More letters while they are in commerce. We are not on August 24, 1966 by President Johnson,

 A AV S SUMMER 2 0 0 6 AV MAGAZINE A PUBLICATION OF THE AMERICAN ANTI-VIVISECTION SOCIETY  A Dalmatian, a Camera, and Congress: The History of the Animal Welfare Act continued

marking it a monumental day in the lives Nine years later, in 1985, Congress definition of “animal” as well. Pushed References of U.S. animals. passed the Food Security Act, which by Senator Jesse Helms (R-NC), the new 1 The Massachusetts Body of Liberties. Retrieved From Bill to Law contained an amendment entitled the definition excludes “birds, mice of the April 3, 2006 from website: http://www.bartleby. What is an “Animal”? Living in a democracy, our legislative process as laid out in the U.S. Constitution may “Improved Standards for Laboratory genus Mus, and rats of the genus Rattus, com/43/8.html. Animals Act.” This amendment directly bred for use in research, horses not used seem like a daunting Congressional maze to some. But in reality, each bill introduced Animals confined to U.S. labs finally 2 49 USC 8002. had a law that worked on their behalf. affected the AWA by strengthening for use in research purposes,” and farmed in Congress goes through exactly the same checks and balances. 3 Essentially, the Laboratory Animal standards for laboratory animal care, animals. This language was formally Unti, Bernard. ‘Concentration Camps for Lost and Welfare Act of 1966 intended to wipe out and it was sponsored by Senator Robert adopted into the USDA’s regulations on Stolen Pets’: Stan Wayman’s LIFE photo essay and the 18 Animal Welfare Act. Retrieved March 22, 2006, from the practice of using stolen animals in Dole (R-KS) and Representative George June 4, 2004. Despite this huge blow HSUS. Website: http://www.hsus.org/about_us/ research experiments. In doing this, it Brown (D-CA). Requiring appropriate to animals used for research, the Farm A member of Congress introduces history/concentration_camp_for_pets.html. also set standards for humane treatment use of painkillers, the amendment Bill’s amendments did provide protection legislation and the bill is numbered 4 of other animals used by dealers and intended “to ensure that animal pain for other animals by closing loopholes Wayman, Stan. (Feb. 4, 1966). Concentration according to where it originated. H.R. I;D7J; >EKI; and distress are minimized.”14 Animals that had allowed interstate shipment Camps For Dogs. Life Magazine, 4, 22-29. research facilities. The term “animal” was if from the House of Representatives I$ >H$ were to receive proper pre-surgical and and foreign export of animals used for 5 defined as “dogs, cats, monkeys (non- See supra note 4. or S. if from the Senate. human primate mammals), guinea pigs, post-surgical care and humane euthanasia fighting. 6 Stevens, Christine. (1996). Historical Motivation 10 upon completion of the experiment. hamsters, and rabbits,” but it would not 19 for the Federal Animal Welfare Act. Retrieved April 3, Additionally, all laboratory technicians “The sacredness of life” be until the next decade that this term was 2006, from USDA’s Website: http://www.nal.usda. who worked with animals were to receive further elucidated. The disappearance of Pepper and the gov/awic/pubs/96symp/awasymp.htm#FAWA. The legislation is then referred to a special training in animal care and use. In 1970, the term “animal” was publication of the horrificLife exposé 7 To ensure the psychological well-being The History of the Animal Welfare Act. Retrieved Committee that has jurisdiction over the IK89ECC?JJ;;7D:>;7H?D=I expanded to include all warm-blooded undoubtedly brought the plight of of certain animals, the amendments March 9, 2006, from USDA’s website: http://www. issue addressed in the bill. Often the bill animals except farmed animals.11 The Act research animals to the forefront of the necessitated that dogs receive regular aphis.usda.gov/ac/awahistory.html. is assigned to a Subcommittee which was further strengthened by requiring public’s mind in the 1960s. And together, exercise and nonhuman primates be 8 See supra note 7. holds a hearing, allowing public officials, the use of pain-relievers, as long as they these events provided the momentum housed in a stimulating environment. This 9 experts, and NGO’s (non-governmental did not interfere with the experiment. that was essential to the passage of the See supra note 6. powerful legislation also established new organizations) to share their testimony. Laboratories were also required to provide Laboratory Animal Welfare Act. 10 concepts in the regulation of research Pub. L. No. 89-544, 80 Stat. 351 (1966). data on their animal use to the USDA, In 1966, the Laboratory Animal Welfare facilities. For instance, each research 11 “ The term ‘animal’ means any live or dead IK89ECC?JJ;;dog, cat, monkey (nonhuman primate mammal), Lastly, but most notably, the Act was animal protection law, and today, the AWA Animal Care and Use Committee guinea pig, hamster, rabbit, or such other warm- The Subcommittee holds a mark-up of renamed the Animal Welfare Act, and continues to build upon it. Perhaps one (IACUC), which would oversee animal blooded animal, as the Secretary may determine extended its reach outside the laboratory day, birds, rats, and mice bred for use in the bill, where amendments and changes OWo$ DWo$ care at the institution and examine is being used, or is intended for use, for research, system to cover animals in circuses, zoos, research will be included in the definition can be made before recommending it animal use, assuring that alternatives were testing, experimentation, or exhibition purposes, and commercial breeding facilities.12 of “animal.” But as Representative to the full Committee, or it decides to considered in experiments that cause or as a pet; but such term excludes horses not used Brown stated in his speech at the 30th for research purposes and other farm animals, such not report the bill and the bill dies. If That year, it seemed the Act was pain or suffering. In addition, the Animal anniversary of the AWA, changes in animal as but not limited to livestock or poultry used or approved, the full Committee reports making headway for the animals. But a Welfare Information Center (AWIC) was welfare laws merely reflect changing intended for use for improving animal nutrition, the bill to its respective chamber >EKI;EHI;D7J;;H>EKI;EHI;D7J; percent of animals used in research, hopefully it will continue to grow in the for or against the legislation. sacredness of life. While recognizing the The Improved Standards for Laboratory Animals Act. thus undermining Congress’s original future and to expand its database and role that animals have traditionally played Retrieved April 3, 2006 from USDA’s website: intention for the Act. resources, particularly in the area of farm in society as food sources, companions, http://www.nal.usda.gov/awic/pubs/96symp/ OWo$ OWo$ In 1976, the Act was further amended animals, alternatives, and unnecessary awasymp.htm#1985. 16 and research models, we have to always to bring governmental research duplication of research.” Once the House or Senate approves remember that animals are sensing, 16 See supra note 14. the bill, it is then referred to the other institutions under the same strict In response to the shocking living beings capable of feeling fear and 17 Pub. L. No. 101-624 (1990). regulations as private institutions. circumstances of pound seizure—the pain, and that they must be respected as chamber where it is either approved, Additionally, the imposition of fines sale or release of cats and dogs from 20 18 Animal Welfare; Definition of Animal. Federal amended, rejected, or ignored. such.” I;D7J; >EKI; for violations was now the same for animal shelters to research, testing, or Register, Vol. 69, No. 108 (June 4, 2004). As a whole, the AWA has indeed made research facilities, exhibitors, and dealers. educational facilities that is required 19 provisions for many of these sentient Brown, George. (1996). 30 Years of the Animal Previously, research facilities were subject by law in some states—the AWA was beings. But regrettably, many more are Welfare Act. Retrieved April 3, 2006, from USDA’s to a cease and desist order that they amended in 1990 to define a minimum Both the Senate and the House approve left without any legal protection at all. website: http://www.nal.usda.gov/awic/pubs/ would have to violate before a fine was holding period of five days for animals 96symp/awasymp.htm#30AWA. identical versions of the bill before it imposed. The 1976 amendments also held in shelters. The amendment also 20 can be presented to the President to extended the scope of the AWA to include See supra note 19. established more stringent record-keeping officially sign into law, or possibly reject FH;I?:;DJ animals used in other industries besides requirements for dealers who obtain through a veto. Once signed, the bill research, exhibition, and dealing. Now animals from these sources.17 is assigned its Public Law number. it covered animals in transportation and In 2002, Congress passed the Farm those forced to fight, such as dogs and Bill that again redefined the term roosters.13 C8N “animal,” and would later affect the AWA’s

 A AV S SUMMER 2 0 0 6 AV MAGAZINE A PUBLICATION OF THE AMERICAN ANTI-VIVISECTION SOCIETY  animals to establish an Institutional Animal Care and Use Committee, which The Transformation of the AWA The Who, What, Where, When, Why, is “responsible for ensuring that the facility remains in compliance with the and How of the Animal Welfare Act AWA and for providing documentation of alternatives to any painful/ of all areas of compliance to APHIS.”5 1966 distressful procedure using an animal. It also creates Institutional Enforcement President Lyndon B. Johnson signs Animal Care and Use Committees By Crystal Schaeffer, M.A. Ed., it is difficult to estimate because their sale, transported, and/or exhibited To ensure that registered facilities the Laboratory Animal Welfare (IACUCs) at each institution that AAVS Outreach Director numbers are not required to be reported to the public. AWA regulations offer comply with the Animal Welfare Act, AC Act into law, with the following uses regulated animals. In addition, to the USDA, it is believed that there are specifications on housing (cage size, tries to conduct unannounced inspections primary purposes: 1) To protect the amendments require exercise or four decades, the Animal more than 80,000 rats and mice used in floor requirements, outdoor living, etc.), at least once a year. If a facility is found 3 Welfare Act (AWA) has been experimentation. Additionally, the AWA proper handling (training techniques, to be operating outside the AWA, it is dog and cat owners from pet for dogs and psychologically protecting animals from also does not offer standards of care removing animals in and out of cages, ordered to correct the problem within theft; 2) To prevent the use/sale stimulating environments F inhumane treatment and and treatment to cold-blooded animals etc.), sanitation (cage cleaning, proper a given time frame. Deficiencies that of stolen dogs or cats in research; for non-human primates. neglect. Originally enacted such as fish (whose use in research is removal of waste, etc.), nutrition remain upon a follow-up unannounced and 3) To establish humane growing in popularity), frogs and turtles (balanced, varied diets), water availability, in 1966 to protect only cats and dogs inspection are documented and penalties standards for animals (dogs, cats, from theft and their arbitrary sale and (who are often used in dissection and protection from extreme weather and (fines, cease-and-desist orders, license nonhuman primates, guinea pigs, use in experiments, the AWA has had its pithing exercises), amphibians (frogs, temperatures, and veterinary care suspensions, etc.) are handed down. 1990 coverage expanded with amendments salamanders, etc.), reptiles (turtles, (treatment of injury and disease, pain Regarding AWA violations at laboratories, hamsters, and rabbits) by animal in 1970, 1976, 1985, 1990, and 2002. lizards, snakes, etc.), and invertebrates management, euthanasia, etc.). APHIS the USDA’s brochure entitled “The dealers and research facilities. Today the AWA is federal legislation that like insects (fruit flies are commonly acknowledges that these regulations are Animal Welfare Act: An Overview” states Congress amends the Act to define outlines standards of care and treatment used in genetics labs), spiders (have minimum standards, and on its “The that “The AWA does not allow AC to a minimum holding period of five for certain warm-blooded animals who are been used in genetic engineering), and Animal Welfare Act” factsheet, APHIS prevent the use of animals in research days for animals held in shelters marine life (lobsters, crabs, clams, etc.). states, “Although [f]ederal requirements 6 used in experiments, bred for commercial or experimentation….” In other words, 1970 in a further effort to prevent sale, exhibited, and/or transported. establish acceptable standards, they are unlike with zoos, circuses, or puppy mills,

The Animal Care (AC), a program of Industry not ideal.” It further advises, “Regulated USDA cannot remove and/or confiscate theft of companion animals. The Laboratory Animal Welfare the USDA’s Animal and Plant Health All businesses and individuals who work businesses are encouraged to exceed animals who appear to be suffering if 4 7 Inspection Service (APHIS), administers with animals covered by the AWA must the specified minimum standards.” they are involved in an experiment. Act is renamed the Animal Welfare and enforces the AWA by licensing and be licensed and/or registered with AC In an effort to create a traceable Act (AWA), and is expanded registering facilities and conducting and meet AWA regulations. Such facilities paper trail to help ensure that animals Conclusion to cover all warm-blooded 2002 both announced and unannounced include exhibitors like zoos, circuses, and utilized by regulated businesses are The Animal Welfare Act is legislation animals as designated by the inspections and investigations. animal trainers; breeders, known as class acquired legally and not stolen or lost created to set minimal standards of Secretary of Agriculture with only The Farm Bill statutorily excludes A dealers, and animal brokers, also called companions, the 1970 amendment care and treatment of certain warm- limited and specifically defined birds, rats (Rattus), and mice The animals class B dealers (who commonly obtain was enacted, requiring companies to blooded animals used in research, bred exceptions. It also expands to (Mus) bred for use in research The AWA affords a level of protection animals through pound seizure and document descriptions of the animals for commercial sale, transported, and for a wide range of species, and defines breeders). Businesses (airlines, trucking and their acquisition and transaction. exhibited. The USDA is responsible cover animals in circuses, zoos, and from the term “animal.” However, “animal” as “any live or dead dog, cat, companies, etc.) that transport animals Animal brokers must hold animals they for ensuring that registered facilities commercial breeding facilities. it also closes loopholes to protect monkey (nonhuman primate mammal), covered by the AWA must also be licensed. acquire for at least five days to give operate in compliance with the Act and animals used for fighting. guinea pig, hamster, rabbit, or such other And all research, testing, and teaching former guardians opportunity to claim does this in part through unannounced warm-blooded animal” used for research, facilities using animals covered by the lost companions. Additionally, research inspections. Although it is far from teaching, testing, experimentation, Animal Welfare Act must by licensed facilities must provide AC with a list of being ideal, the Animal Welfare Act 1972 or exhibition purposes, or as a pet.1 and registered with the USDA. Such AWA regulated species and the numbers remains our country’s prime federal However, although many species fall facilities include hospitals, colleges and of each species used. AC makes this law aimed at protecting animals from under the protection of the AWA, the universities, and pharmaceutical firms. information available to the public in the inhumane treatment and harm. The Secretary of Agriculture few warm-blooded animals not covered Businesses and individuals not form of charts on its website. An example promulgates regulations to References number in the hundreds of millions, as covered by the AWA include retail of such a chart can be found on page 8. specifically exclude birds, rats, 1 outlined in the 1972 amendment. For pet shops (except if they sell exotic The 1985 amendment mandates Animal Welfare Act. 7U.S.C.§2132(g). mice, horses, and farmed animals 2 example, farmed animals such as cows, zoo animals), animal shelters who do that research laboratories must provide Lamberg, Lynn. Aug. 18, 1999. “Researchers from the definition of “animal.” pigs, and chickens who are raised for not engage in pound seizure, hobby dogs with exercise, and nonhuman Urged to Tell Public How Animal Studies benefit human consumption and who are used breeders, and companion animal primates activities to promote their Human Health.” 282 JAMA 619-621. in research to ‘improve’ agriculture so guardians. Additionally, the AWA psychological well-being. Scientists 3 Carbone, Larry. 2004. What Animals Want: Expertise that they grow faster and leaner in more specifically prohibits cock and dog are required to give regulated animals and Advocacy in Laboratory Animal Welfare Policy. New York: Oxford University Press. p. 26. 1985 cost-effective ways, are not covered by fights, bear or raccoon baiting, and anaesthesia and pain relief as needed, 4 the AWA. Also excluded are horses not similar staged animal fighting ventures. unless they can document why such APHIS. January 2002. “The Animal Welfare Act Factsheet.” used in research, and 95 percent of action would impact the reliability of The passage of the Food Security animals used in research and testing, 5 See supra note 4. Regulations their research data. And unnecessary Act contains an amendment that namely rats of the genus Rattus, mice 6 The Animal Welfare Act outlines duplication of specific experiments USDA. May 2006. “The Animal Welfare Act: An of the genus Mus, and birds who are Overview.” strengthens AWA standards for the accepted minimal standards of using AWA-covered animals is forbidden. bred for use in research, who were 7 laboratory animal care including care and treatment of certain animals The 1985 amendment also requires Animal Welfare Act. 7U.S.C.§2146(a)(3). specifically excluded in 2002.2 Although used in research, bred for commercial laboratories utilizing AWA-regulated requiring the consideration

 A AV S SUMMER 2 0 0 6 AV MAGAZINE A PUBLICATION OF THE AMERICAN ANTI-VIVISECTION SOCIETY  Number of Animals Used in Research (1973-2004) Courtesy of the U.S. Department of Agriculture Senator Bob Dole Speaks for Animals Other Farm covered FY Dogs Cats Primates Guinea Pigs Hamsters Rabbits Animals animals Totals Former Senator Bob Dole played an important role in the development of the Animal Welfare Act, and in a 2001 personal letter to the Director of the 1973 195,157 66,165 42,298 408,970 454,986 447,570 Not Reported 38,1 69 1,653,345 Alternatives Research & Development Foundation, an affiliate of AAVS, he 1974 199,204 74,259 51,253 430,439 430,766 425,585 “ 81,021 1,692,527 expressed that Congress’s original intent was for all warm-blooded animals to be covered by the Act. Below is Senator Dole’s letter, which also appeared in 1975 154,489 51,439 36,202 436,446 456,031 448,530 “ 42,523 1,625,660 Roll Call, the newspaper of Capitol Hill.

1976 210,330 70,468 50,115 486,310 503,590 527,551 “ 73,736 1,922,100

1977 176,430 62,311 53,116 348,741 393,533 439,003 “ 46,535 1,519,669 As someone deeply involved with the process of revising

1978 197,010 65,929 57,009 419,341 414,394 475,162 “ 58,356 1,687,201 and expanding the provisions of the AWA, I assure you that the AWA was meant to include birds, mice, and rats. 1979 211,104 69,103 59,359 457,134 419,504 539,594 “ 76,247 1,832,045

1980 188,783 68,482 56,024 422,390 405,826 471,297 “ 49,102 1,661,904 many research institutions fall research. Those who oppose USDA’s

1 981 188,649 58,090 57,515 432,632 397,522 473,922 “ 50,111 1,658,441 outside their purview. With AWA efforts to fulfill its court settlement regulations soon extended to with your organization, I believe, are 1982 161,396 49,923 46,388 459,246 337,790 453,506 “ 69,043 1,577,292 these animals, I believe USDA, overlooking the long-term benefits with its substantial experience to crafting better science. 1983 174,542 53,344 54,926 485,048 337,023 466,810 “ 108,549 1,680.242 in enforcement, is best suited We owe much to laboratory to ensuring humane care for all 1984 201,936 56,910 55,338 561,184 437,1 23 529,101 “ 232,541 2,074,133 hank you for your letter animals—that was true in 1985 and laboratory animals. Moreover, of March 1st regarding the is truer today. I would hope that the 1985 194,905 59,211 57,271 598,903 414,460 544,621 “ 284,416 2,153,787 neither NIH’s policy nor voluntary current status of laboratory Bush Administration and Members accreditation includes legal 1986 176141 54,125 48,540 462,699 370,655 521,773 “ 144,470 1,778,403 animals under the Animal of the present Congress, some of T consequences for failure to perform. Welfare Act (AWA). whom stood with me in 1985 in 1987 180,169 50,145 61,392 538,998 416,002 554,385 “ 168,032 1,969,123 The Animal Welfare Act does. That is advancing my amendments, will I support the use of animals in the heart of the law. recognize that all animals used in 1988 140,471 42,271 51,641 431,457 331,945 459,254 “ 178,249 1,635,288 research but firmly believe that I am aware of efforts by experimentation deserve the benefit there is a responsibility incumbent 51,688 481,712 389,042 471,037 153,722 1,754,456 opponents of animal welfare to of the modest requirements of the 1989 156,443 50,812 “ upon researchers to provide basic prevent coverage of birds, mice, Animal Welfare Act. I would urge 1990 protections to the animals they use. 109,992 33,700 47,177 352,627 311,068 399,264 66,702 257,569 1,578,099 and rats as detrimental to research. them to allow USDA to achieve It is obvious that good animal care This notion is preposterous. A this end by pursuing a full and 1991 107,908 34,613 42,620 378,582 304,207 396,046 214,759 363,685 1,842,420 is essential to ensuring good quality similar strategy was employed by fair rulemaking as provided in the research. Through good animal 1992 124,161 38,592 55,105 375,063 396,585 431,432 210,936 529,308 2,134,182 opponents of my 1985 amendments settlement agreement. treatment and minimizing painful to the Act. I am happy to observe 1993 106,191 33,991 49,561 392,138 318,268 426,501 165,416 212,309 1,704,505 tests, biomedical research gains in I wish you the best of luck not that none of their predictions about both accuracy and humanity. only in defending the Animal 1994 101,090 32,610 55,113 360,184 298,934 393,751 180,667 202,300 1,624,649 the dire consequences for research Welfare Act, but also in your As someone deeply involved ever materialized. ongoing efforts to advance humane 1995 89,420 29,569 50,206 333,379 248,402 354,076 163,985 126,426 1,395,463 with the process of revising and Indeed, those amendments have methods of biomedical research. expanding the provisions of the facilitated significant improvements 1996 82,420 26,035 52,327 299,011 246,415 338,574 154,344 146,579 1,345,739 AWA, I assure you that the AWA Let me add that I am writing to in laboratory animal care and was meant to include birds, mice, you as a volunteer. I am not being 1997 75,429 26,091 56,381 272,797 217,079 309,322 159,742 150,987 1,267,828 use, which in turn have benefited and rats. When Congress stated paid by any persons or group for research. In fact, I understand that 1998 76,071 24,712 57,377 261,305 206,243 287,523 157,620 142,963 1,213,814 that the AWA applied to “all warm- stating my views. those members of the research blooded animals,” we certainly did 54,927 266,129 201,593 280,222 155,409 165,939 1,217,998 community best informed about 1999 70,541 23,238 not intend to exclude 95 percent laboratory animals support the BOB DOLE of the animals used in biomedical 2000 69,516 25,560 57,518 266,873 174,146 258,754 159,711 166,429 1,286,412 inclusion of birds, mice, and rats. research laboratories. Although the From their work on the front lines, 2001 70,082 22,755 49,382 256,193 167 ,231 267,351 161,658 242,251 1,236,903 National Institutes of Health and they recognize, as you and I do, that the Association for Assessment 2002 68,253 24,222 52,279 245,576 180,000 243,838 143,061 180,351 1,137,580 uniform protections not only are and Accreditation of Laboratory Photo courtesy of Robert J. Dole Institute of Politics Archive, humane, but also ensure consistent University of Kansas © Stephen R. Brown, 2004 2003 67,875 25,997 53,586 260,809 177,991 236,250 166,135 199,826 1,188,469 Animal Care International provide experimental results and level oversight for some of the birds, mice, the playing field in vital scientific 2004 64,932 23,640 54,998 244,104 175,721 261,573 105,678 17 1,312 1,101,958 and rats used for experimentation,

 A AV S SUMMER 2 0 0 6 AV MAGAZINE A PUBLICATION OF THE AMERICAN ANTI-VIVISECTION SOCIETY  At 40, the Animal Welfare Act should be about due for a midlife crisis, were it not for the fact that its entire history is punctuated with crises. It is also true, though, that when you are ‘in the middle of it,’ that is, the day-to-day fight to make sure the law is being enforced while beating off the efforts of its opponents to weaken it, every day looks like a crisis. It is easy to lose sight of what has been accomplished. Through the highs and lows, this law has not only brought about improvements in how animals are treated, but it has also been a force for change in attitude toward animals among government officials as well as the general public. But this is not the time to rest on its laurels.

ot long ago, it was in a lawsuit to force USDA to apply the under the Endangered Species Act.1 possible for licensees Act with respect to birds, rats, and mice, Zoos are now actually taking seriously the to ignore the Act in 2002 Congress sided with then-Senator humane community’s contention that with impunity. The Jesses Helms (R, NC), amending the Act it is not possible for them to provide a U.S. Department by declaring, in effect, that birds, rats, and humane environment for some species. of Agriculture mice are not animals. A former presidential assistant wrote a (USDA) did not Through the twin pressures of the book that argues for treating animals with take its enforcement Animal Welfare Act and an increasingly respect and dignity. While not all bills responsibility vocal cadre of animal activists and advancing animal welfare make it into law, seriously. Funding more enlightened thinking, zoos have they are treated more seriously than ever. was anemic, and inspections were a gotten better. (Whether there should be Even if all these new conversations do farce. Violations were allowed to persist N zoos is outside the Act’s scope.) Sadly, not go as far as we would like, that they indefinitely. however, the same cannot be said about are taking place at all, without the sarcasm Over time, through concerted efforts commercial dog breeders. The American that laced such discussions in the past, is on the part of the humane community, Kennel Club continues to resist the also an important part of the legacy of the our growing expertise in working with changes needed to put puppy mills out of Animal Welfare Act. But that legacy is still Congress and the Executive Branch, and business. a work in progress, which the breeders, a change of leadership within USDA, the The years since passage of the AWA researchers, and others would like to stop adversarial relationship began to improve. have seen remarkable changes in the in its tracks. Our job is to ensure and USDA and the humane community climate in which we must work: A federal improve upon that legacy. By Nancy Blaney, Federal Policy Consultant, Doris Day Animal League came together to boost funding for court granted standing to plaintiffs in a Nancy Blaney is Federal Policy Consultant AWA enforcement, especially through case against Ringling Bros. and Barnum & for the Doris Day Animal League, where she expanding the ranks of inspectors. Bailey Circus for its treatment of elephants advocates for better animal protection through Violators were pursued more aggressively, legislation and regulation, as well as better though there has been some backsliding enforcement of existing laws. She has over 20 recently. USDA still allows public contact years of experience with animal welfare issues, The Animal Welfare Act: with wild animals, refusing to apply After the courts sided with animal as well as a background on Capitol Hill. She the law’s clear prohibitions against this organizations in a lawsuit to has served on the boards of various social and practice. This regularly results in harm to force USDA to apply the Act with arts organizations, and was chairman of the Creating a Legacy Through the Law members of the public and harm to the respect to birds, rats, and mice, in board of directors for the Adult Health and animals. 2002 Congress sided with then- Development Program at the University of Congress has amended the Act several Senator Jesses Helms (R, NC), Maryland. times, but in its entire history, only one amending the Act by declaring, in true oversight hearing has ever been held. effect, that birds, rats, and mice And it was Congress that dealt one of the References are not animals. most devastating blows to the Act. After 1 ASPCA v. Ringling Bros., 317 F.3d 334 (D.C. Cir. the courts sided with animal organizations 2003)

10 A AV S SUMMER 2 0 0 6 AV MAGAZINE A PUBLICATION OF THE AMERICAN ANTI-VIVISECTION SOCIETY 11 action against possible violators should involved pain or distress with no drug non-animal alternatives when available. be reviewed. APHIS has agreed to this, relief. Many VMOs interviewed stated Additionally, the Audit Report states that stating that the AC Deputy Administrator that they took a “good faith” approach to “33 of the top 50 (66 percent) research or Assistant Deputy Administrator and their inspections, relying on facilities to facility violators in the nation were the IES Director or Assistant Director provide accurate information regarding education institutions, suggesting that will review these cases, and if there is a the number of animals used and the IACUCs at universities are less effective.” discretion in what course of action should number of protocols conducted. It was be taken, all involved parties will work also reported that the limited sampling Recommendations together to determine an appropriate technique that some VMOs used was The OIG advised AC to conduct more course of action. inadequate in ensuring there were no frequent reviews of those facilities that problems within any one research study. are repeat violators, to which the agency USDA Audit Reveals Fine reassessment Due to the small sampling, they may not claimed that such action is already part The AWA authorizes APHIS to impose discover if there was a failure to conduct of its standard protocol. This comment Shortcomings in Animal fines up to $2,750 per violation. However, the required search for alternatives, and/ was accepted, although the OIG stated according to the Audit Report, APHIS or verify that studies were not duplicative. that more frequent AC inspections “may not improve compliance given gives an automatic 75 percent discount to Recommendations Welfare Act Enforcement almost all violators in an effort to reach that the current IACUC reviews are agreement and avoid court costs, and The OIG strongly recommended that ineffective.” The OIG was more steadfast sometimes additional concessions are the Research Facility Inspection Guide (RFIG) in recommending that AC “fully train By Crystal Schaeffer, M.A. Ed., be revised so that VMOs are required to [IACUC] members on protocol review, AAVS Outreach Director awarded, or the fines are allowed to be used to make necessary facility upgrades “verify the number of animals reported facility inspections, and the AWA.” to be in compliance with the AWA. in the research facilities’ annual reports.” However, APHIS stated only that it would Because of this, “violators now consider APHIS concurred and further stated that modify existing policy to indicate a the monetary stipulation as a normal it would also make other revisions in an change in interpretation of regulations. cost of conducting business rather than effort to help research facilities properly The OIG responded by saying that such as a deterrent for violating the AWA,” complete required reports. Additionally, action is not acceptable and that APHIS according to the OIG. it was agreed that the RFIG would also needs to clarify which regulation it is be changed to emphasize the necessity referring to and provide the language Recommendations of adequate sampling protocols and modification. The OIG recommended eliminating reviewing the records of protocols in Conclusion lthough England actions, Congress entrusted concern for AC management were located in the Eastern the automatic 75 percent discount to which animals were not present. first established the U.S. Department of in the Eastern Region due Region. repeat violators and direct violations of As demonstrated by the OIG’s Failure of IACUCs its British Cruelty Agriculture (USDA) to be to passive enforcement of In terms of animal the AWA, and APHIS agreed to make this recommendations throughout this audit, A to Animals Act in responsible for upholding the the AWA in that area. For research, this fact is especially change and is determining new guidelines It was discovered that Institutional AC should more stringently enforce 1876, it would take the United integrity of the Act. example, the Eastern Region demoralizing, since, according for assessing penalties. APHIS also agreed Animal Care and Use Committees animal welfare regulations already in States nine decades before In an effort to measure referred an average of 209 to the Audit Report, “The to calculate fines based on the number (IACUCs), appointed by research facilities place, reassess its fining procedure, it would enact legislation of of animals affected by a violation instead to monitor their laboratories to make revise the Research Facility Inspection Guide, its effectiveness in doing so, suspected violators to the AWA does not authorize a similar weight. Spurred by of just by the number of violations. certain they are operating in compliance and better train members of IACUCs, in the fall of last year, the Investigative and Enforcement ‘the Secretary, during overwhelming public outcry Additionally, because fines are calculated with the AWA, are not effectively especially at educational facilities. The USDA conducted an audit of Services (IES) in 2002-3 but inspection, to interrupt the regarding Pepper, a dalmation based on the level of violation and supervising animal care and use practices, Audit Report clearly reveals short-comings its Animal and Plant Health only 82 in 2004. Of those conduct of actual research who was stolen from her business assets only up to $100,000, OIG reviewing protocols, or ensuring that to AWA enforcement but also provides Inspection Service’s (APHIS) referred to IES, AC Eastern or experimentation….’ backyard and later killed in also advised the agency to “seek legislative searches for alternatives are researched many suggestions of how to rectify these Animal Care (AC) unit, management refused to Therefore, it is more critical a biomedical experiment, change to increase fines up to $10,000 and used where appropriate. During the problems. which is charged with the take further action against for AC to take enforcement and a Life magazine exposé for research facilities.” It is believed that past several years, APHIS has worked with responsibility of inspecting 27 percent of suspected actions against research unveiling the brutal reality such action will create more of a deterrent IACUCs to help them improve and meet References all facilities covered under violators, while Western facilities that are repeat of the trafficking of animals for research facilities that have billions of their designated responsibilities. Despite the AWA.1 In what can Region management declined violators.” 1 USDA. September 2005. Audit Report. for experimentation, in dollars in assets. However, APHIS claims this, however, the Audit Report states, be considered a genuine to pursue four percent APHIS Animal Care Program Inspection and 1966, Congress enacted the Recommendations that such action needs to be initiated by “VMOs believe there are still problems evaluation, the audit reveals of possible violators in its Enforcement Activities. Report No. 333002-3-SF. Laboratory Animal Welfare the Secretary of Agriculture. This attempt with the search for alternatives, veterinary some disturbing findings territory. In order for the AC to have Act, legislation outlining a consistent philosophy and to defer to the Secretary was rejected by care, review of painful procedures, and that should alarm animal Additionally, some minimal standards of care approach between regions, OIG who demanded that the agency draft the researchers’ use of animals,” areas advocates, but also promising Veterinary Medical Officers and treatment of cats and the OIG recommended the recommended legislation for the of utmost importance in an IACUC admissions and welcome (VMOs) believe that dogs who were destined for that specific guidance be Secretary. evaluation. improvements by APHIS. because there is little, if no, use in research. Later, the bill outlined and followed in every The Report also cites a dramatic became known simply as the consequence for violating Monitoring of research facilities Passive enforcement region, and APHIS agreed increase in facilities committing AWA Animal Welfare Act (AWA), the AWA, there are more to create a flow chart that violations, noting that in 2002, 463 of of the law The audit reports that 13 of the and in subsequent years, it was than twice the number of includes “enforcement action 16 facilities visited (all of which were 1,030 facilities were noncompliant in broadened to include more Although the Office of repeat violators in the Eastern guidelines for inspection previously cited for violating the AWA) comparison to 2004 when 600 of 1,176 warm-blooded animals who Inspector General (OIG) Region than in the Western reports.” The OIG also misreported the number of animals were noncompliant. Alarmingly, but not were used in experimentation, did state that it believes AC Region. In reviewing the advised that all cases in used in their research. This finding is necessarily surprising, is the 29 percent entertainment, and employees are dedicated to top 50 repeat violators, the which regional management especially disturbing, since 15 of these failure rate of researchers who are exhibition. Through these their work, it also expressed auditors found that 88 percent declined to take enforcement laboratories conducted experiments that required by the AWA to search for and use

12 A AV S SUMMER 2 0 0 6 AV MAGAZINE A PUBLICATION OF THE AMERICAN ANTI-VIVISECTION SOCIETY 13 nfortunately, even also learn about state laws such as anti- gras, a fatty liver from ducks resulting centuries after cruelty statutes, veterinary malpractice, from an inhumane farming practice. A Jeremy Bentham’s pet trusts, and custody disputes. Brazilian court was the first to consider poignant questions Lewis & Clark Law School is the that a chimpanzee might be a “legal to society, the epicenter for legal education for animal person.” The Spanish Socialist Party law still refuses advocacy, providing an extensive animal introduced a bill in their Congress protection to many law program built upon six courses. In calling for great apes to be given the sensitive beings. 1993, Lewis & Clark students established same moral and legal protection as However, significant the first animal law student group, which human-beings. New Zealand has banned progress has been continues to be among the largest and the use of primates for research. made, and one need look only to the most active, hosting a national animal Although we have made significant Uburgeoning field of animal law for hope. law conference each fall. Students also progress in animal law, there is still While laws concerning our publish the Animal Law Review, which much work to be done. Each year, over treatment of animals date back to includes articles written by professors, eight billion animals are used and killed colonial times, animal law as a separate attorneys, legislators, and advocates on for food, clothing, entertainment, and discipline emerged less than 30 years cutting-edge issues, paving the way for research in the U.S. alone. The laws ago. Today, it is one of the fastest progress in the area. Today, over half we have passed to provide animals with growing fields of practice and study. of the law schools are home to student basic protections have eroded, and the Attorneys play an important role in groups, and there are three animal law resulting gaps allow most animals to be the animal rights movement. They journals. Each year, the number of treated inhumanely without repercussion. prosecute people who abuse animals; students going to school with the goal of The animals need people to continue represent people whose animals were becoming an animal law attorney grows. to care about them and advocate on lost, hurt, or killed; defend animal The National Center for Animal Law their behalf. Today, students have an activists; draft and lobby for animal works with students to help foster their opportunity to pursue career paths that protection legislation in the halls of goals by encouraging and developing reflect their compassion for animals and Congress; bring lawsuits to protect practical training and resources desire to make a difference. Options wildlife and their habitats; and help for animal law students including: range from working for an animal animal sanctuaries and shelters. Animal curriculum development; conferences, advocacy organization to becoming law attorneys help companion animals, competitions, and training; financial a veterinarian, vegan chef, humane wildlife, farmed animals, and animals support including scholarships; and educator, or animal rescuer. Then again, used for research or entertainment. resources for students pursuing careers they may choose to follow in the footsteps They are on the front lines, advancing in, and involving, animal law. of Bentham, helping to build a future legal protections for animals. Since animal law is a relatively new for animals where the law embraces Just 10 years ago, there were only a field, there are few established career and protects all ‘sensitive beings,’ by handful of law schools offering animal paths, but the opportunities are growing becoming animal protection lawyers. law courses. Today, there are nearly 70 every day. The Center provides career Laura Ireland Moore established the (over one-third of all law schools), with counseling and resources for interested National Center for Animal Law after the number growing every year. Law students, including an online database receiving her J.D. and Certificate in schools are also developing advanced of jobs and internships. While there Environmental Law from Lewis & Clark Law By Laura Ireland, Esq., Executive Director, National Center for Animal Law courses and animal law clinics where are attorneys who practice animal law School in Portland, Oregon. She is currently students can gain the skills needed to full-time in small firms or for animal the Executive Director of the Center, Professor be effective advocates for animals while advocacy organizations, most incorporate of the Animal Law Clinic, and an Advisor to working on real cases. For example, animal law in a ‘traditional’ practice the Animal Law Review. students have helped persuade airlines through pro bono efforts, writing, teaching, To learn more about animal law or how Protecting Animals through the Law to treat animals as more than simply lobbying, or serving as board members to become an animal law attorney, please baggage in hopes of preventing escapes for organizations. The network of visit the National Center for Animal Law’s The day may come when the rest of the animal creation may acquire those rights which and death. They have drafted model attorneys in this field is also growing, website at www.lclark.edu/org/ncal, call legislation to ban exotic animals as pets, with almost two dozen city, state, and (503)768-6849, or e-mail [email protected]. never could have been withheld from them but by the hand of tyranny…a full-grown encouraging people to leave them in the national bar associations with animal A list of animal law student groups can be horse or dog is beyond comparison a more rational, as well as a more conversable ani- wild. In addition, they have assisted high law sections that publish newsletters found at http://www.lclark.edu/org/ncal/ school students who oppose dissecting and host conferences. With increased mal, than an infant of a day, or a week or even a month old. But suppose the case were alawstudents.html. otherwise, what would it avail? The question is not, can they reason? Nor can they talk? frogs, pigs, or cats in their science classes, interest in the field of animal law and and protected consumers who want a broadening of society’s expectations A list of courses can be found at http:// But, can they suffer? Why should the law refuse its protection to any sensitive being? The to purchase cruelty-free products. for how animals are treated, there will www.lclark.edu/org/ncal/courses.html. time will come when humanity will extend its mantle over everything which breathes. Through animal law courses, students be a steady growth in opportunities for full-time careers in animal law. jeremy bentham (1748-1832) learn how to enforce the laws that currently exist, and how to work with While animal law is growing in the legislators to enact better protections. United States, we may also look to They study federal statutes, including the progress made around the world for Animal Welfare Act, Endangered Species inspiration. The Israeli Supreme Court Act, and Humane Slaughter Act. Students banned the production and sale of foie

14 A AV S SUMMER 2 0 0 6 AV MAGAZINE A PUBLICATION OF THE AMERICAN ANTI-VIVISECTION SOCIETY 15 • Mercer University School of Law • University of Missouri, Law Schools Macon, GA Kansas City Law School Kansas City, MO • Michigan State University — Detroit College of Law • University of New Mexico School of Law with Animal Detroit, MI Albuquerque, NM Law Programs • New York University School of Law • University of Pennsylvania Law School New York, NY Philadelphia, PA By Bernard E. Rollin, Ph.D., • Northwestern University School of Law • University of Pittsburgh School of Law University Distinguished Professor, • Arizona State University College of Law Chicago, IL Pittsburgh, PA Colorado State University Tempe, AZ • Pace Law School • University of Quebec Law School any people who advocate for an end austere conditions with no psychological stimulation or • Benjamin N. Cardozo School of Law White Plains, NY Montreal, Quebec, Canada New York, NY to animal research should look to the opportunity for social interaction or exercise. • Pepperdine University School of Law • University of San Diego School of Law progress that has been made in the • California Western School of Law Malibu, CA San Diego, CA In too many disease studies, illness was left to San Diego, CA past 20 years in improving the lives of progress until it killed the animal, and tumor growth • Rutgers University School of Law • University of San Francisco research animals. As abolitionist Henry Spira often Newark, NJ San Francisco, CA was allowed to proceed with no restrictions so that • Case Western Reserve pointed out, there has been no social revolution in University Cleveland, OH animals sometimes had tumors as large as the whole • Santa Clara University School of Law • University of Southern California the history of the United States that has not been Santa Clara, CA Los Angeles, CA animal. • Chapman University School of Law incremental; why would we expect issues of animal use Orange, CA Most of these atrocities are gone now, as a function • Seattle University School of Law • University of Tennessee College of Law to be any different? • Columbia Law School Seattle, WA Knoxville, TN of the laws chartering Institutional Animal Care and As a member of the Colorado group who New York, NY • Southern New England School of Law • University of Washington School of Law Use Committees empowered to enforce began to draft legislation for laboratory • DePaul University College of Law North Dartmouth, MA Seattle, WA control of pain and distress. For example, the animals in 1976, defended the amendments Chicago, IL • St. Thomas University School of Law • University of Wisconsin Law School laws require accommodations for primates before Congress in 1982 so that they were • Duke University School of Law Miami, FL Madison, WI that enhance their psychological well-being. Durham, NC passed in 1985, and carried the concept to a Although our draft legislation had requested • Stanford Law School • Valparaiso University School of Law variety of other countries, • Emory University School of Law Stanford, CA Valparaiso, IN something similar Atlanta, GA how do I view the effect for all species used in • Suffolk University Law School • Vermont Law School of these amendments 30 Boston, MA South Royalton, VT research, Congress did • Florida Coastal School of Law years later? Very positively, Jacksonville, FL not approve it, but the • Texas Wesleyan Univeristy School of Law • Wake Forest University School of Law given the situation then Fort Worth, TX Winston-Salem, NC As abolitionist Henry Spira often pointed out, National Institutes of • Florida State University College of Law and now. In veterinary Tallahassee, FL there has been no social revolution in the Health has stressed the • Tulane University Law School • Whittier Law School schools in the 1970s, for New Orleans, LA Costa Mesa, CA history of the United States that has not been need for movement in • George Washington example, animals were University Law School incremental; why would we expect issues of that direction, and many • UC Berkeley, Boalt Hall School of Law • Widener University School of Law used repeatedly to teach Washington, DC Berkeley, CA Wilmington, DE animal use to be any different? research institutions surgery up to 20 times have taken the mandate • Georgetown School of Law • UCLA School of Law • William Mitchell College of Law Washington, DC and more. Atrocious and seriously. Los Angeles, CA Saint Paul, MN brutalizing laboratory • Hamline University School of Law Most importantly, • University of Arizona James E. Rogers exercises were rife in Saint Paul, MN the laws were the first College of Law (List courtsey of Lewis & medical and veterinary schools, such as, for example, Tucson, AZ pieces of legislation in the U.S. restricting ‘normal’ • Harvard Law School Clark Law School.) poisoning animals with strychnine or bleeding out Cambridge, MA human activities to the benefit of animals, granting • University of Arkansas at Little Rock dogs. • Hastings College of the Law School of Law some minimal rights such as having pain controlled San Francisco, CA Little Rock, AR There was no use of or even knowledge of analgesia to the animals. Historically, laws forbade only (pain control) then—in a literature search I did in • Indiana University School of Law • University of Cincinnati College of Law deliberate, sadistic, deviant cruelty, not “ministering Indianapolis, IN Cincinnati, OH 1982 I found only two papers on the subject, one of to the necessities of humans.” Equally important, which said that there ought to be papers. This state • The John Marshall Law School • University of Connecticut School of Law since ethical deliberation and discussion of pain and Chicago, IL Hartford, CT of affairs reflected a pervasive ideology denying that suffering are the normal work of Institutional Animal animals could feel pain, and denying that ethics was • Lewis & Clark Law School • University of Denver School of Law Care and Use Committees, scientific ideology has Portland, Oregon Denver, CO relevant to science. been seriously breached, and many committees, now • Loyola Law School • University of Florida, Levin College of Researchers who denied consciousness in animals thinking in moral terms, go well beyond the legal Los Angeles, CA Law performed surgical brain procedures on primates using requirements in protecting animals. Not perfect, but a Gainesville, FL • Marquette University Law School only paralytic drugs because they needed the animal good start toward reducing the suffering and abuse of Milwaukee, WI • University of Houston Law Center “conscious!” laboratory animals! Houston, TX • Massachusetts School of Law Despite the fact that animals probably suffered more Bernard E. Rollin is a University Distinguished Professor who Andover, MA • University of Maryland School of Law from how they were kept than from what was done currently teaches at Colorado State University. As a leading scholar in Baltimore, MD animal rights and animal consciousness, Dr. Rollin has lectured over • McGill University, Faculty of Law to them, housing for research animals was dictated 1000 times worldwide and is the author of numerous articles and six Montreal, Canada • University of Michigan Law School solely by human convenience, which, for example, books regarding animals and ethics and bioethics. His latest book, Ann Arbor, MI meant that social primates were caged singly in totally Science and Ethics, was published earlier this year.

16 A AV S SUMMER 2 0 0 6 AV MAGAZINE A PUBLICATION OF THE AMERICAN ANTI-VIVISECTION SOCIETY 17 MediaWatch In an effort to promote World Week for Animals in Laboratories this past April, AAVS produced B. Hugh Mane Goes Shopping, an informative and In its quest to educate the approaches to reach the general shopping; reaching out fun animation that promotes cruelty-free shopping. public about the plight of animals public is through advertising in to teachers, parents, and AAVS received a lot of positive feedback about this in laboratories, the American Anti- print and radio media as well as students about alternatives movie which appeared on computer screens across Vivisection Society uses many the internet. to dissection; or promoting the country, and many people also requested our different methods to market our alternative research methods, Compassionate Shopping Guide after viewing the programs and campaigns. One of Whether educating the general AAVS covers all the bases! animation. Please visit www.aavs.org to watch our most prominent and diverse public about compassionate B. Hugh Mane Goes Shopping! AAVS is also pleased to announce that Mr. B. Hugh Mane is currently starring in his own radio spot which is airing on Animal Radio, a syndicated radio program that has a listenership of over two million people. Find out when Animal Radio airs in your city by going to www.animalradio.com.

This heart-melting ad In an effort to reach a wider Sassy and stunning, this appeared in several dog range of people, this ad advertisement appeared in magazines, including appeared in two different several progressive magazines Hollywood Dog and The Bark. versions: one for the internet including BUST and the Pointing out the absurdity and the other for a bimonthly Philadelphia City Paper. Wanting of testing personal care publication. Speaking the to find out for themselves products like shampoo on obvious, this kitty appears if cruelty-free lips really do animals, AAVS received a in Best Friends magazine, taste better, hundreds of large number of requests for educating the public about people requested our handy our Compassionate Shopping the use of animals in research Compassionate Shopping Guide. Guide, which lists companies and supporting Best Friends that do not test animals. Animal Sanctuary, a no-kill shelter for companion animals in need that publishes the magazine. A flash version of Me-Ouch! also appeared as part of the online version of Animal Wellness magazine.

18 A AV S SUMMER 2 0 0 6 AV MAGAZINE A PUBLICATION OF THE AMERICAN ANTI-VIVISECTION SOCIETY 19 MediaWatch continued MOREMediaWatch

As part of AAVS’s No Pet Cloning campaign, this compelling ad appeared at the 2005 American Veterinary Medical Association conference in an effort to reach out to veterinarians about pet cloning and the An important part of AAVS’s mission to end the use many health problems from which cloned animals suffer. of animals in research includes the promotion of alternatives to such tests. To this end, our affiliate, the Alternatives Research & Development Foundation (ARDF), awards tens of thousands of dollars every year to researchers developing alternatives. This ad appeared in Science magazine as a way to promote ARDF’s Often, AAVS has the opportunity to support other Alternatives Research Grant Program, and inspired a organizations that are also working to help animals countless number of scientists to apply for funding. exploited in research, while at the same time promoting our own important work. This ad appeared in a program booklet for an event hosted by Ryerss This fly-…err…eye-catching frog is appearing in Farm for Aged Equines, a horse sanctuary that, with E magazine and has caught the attention of hundreds funding from AAVS, has given haven to mares and of teachers, parents, and students who want to foals who were once used in Premarin production. learn more about humane education and dissection alternatives. Ads like this are a great way to promote AAVS’s education division, Animalearn, and its Science Designed to educate and create debate, this Bank, a free alternatives to dissection lending library. telling ad appeared in trains in Philadelphia as well as in publications such as Fido Friendly and The Bark. Advertisements such as these were an important tool in AAVS’s Stop Animal Patents campaign, which resulted in the withdrawal of a patent on sickened beagles.

20 A AV S SUMMER 2 0 0 6 AV MAGAZINE A PUBLICATION OF THE AMERICAN ANTI-VIVISECTION SOCIETY 21 and researchers are not required to against such practices and have either the U.S. in the area of animal protection. investigate and use alternatives. started to phase out, restrict, or ban fur Advocates in the U.S. can learn much in Whose Rule Reigns? farming altogether. However, regarding terms of the strategies used by our EU Animals on the Farm the issue of the trade in dog and cat fur, friends, but because of our political and How the AWA Measures Up to European Laws The Animal Welfare Act does not countries across the globe, including cultural differences it is still necessary protect animals raised for human the U.S., Denmark, Belgium, France, to steer our own course. However, as on cosmetic testing that will take effect in The Netherlands, and Sweden have By Crystal Schaeffer, M.A. Ed., consumption in the U.S. Instead, the Greece, and Italy, have united in enacting animal advocates in the European Union AAVS Outreach Director 2009.1 The ban will prohibit the sale of banned the use of all great apes (gorillas, Humane Slaughter Act was enacted to laws that prohibit the sale of dog and cat have proven, if we maintain our integrity cosmetics that undergo any of 11 specific chimpanzees, bonobos, orangutans) in 9 ensure that animals are killed in what is fur, most of which comes from China. and remain resolute in our mission, While working to create and animal tests, with three more animal tests research. The EU has also put restrictions considered a humane manner. However, Additionally, the EU Commission has changes will come that will improve the strengthen laws to protect animals, being outlawed in cosmetic testing by on the use of wild-caught primates in USDA does not include poultry or fish announced its intention to ban the trade lives of animals in the U.S. The changes animal advocates in the U.S. cannot 2013.2 The EU has also instituted a ban on research. Additionally, over 100 airlines under the enforcement of the Humane of dog and cat fur in all member states. may be small and may manifest slowly, help but turn an open eye toward the use of stray dogs and cats in cosmetic are now refusing to transport primates Slaughter Act. In comparison, in the Other than state laws that establish but the they surely will come. the European Union. Traditionally, testing, and mandated that alternatives across the globe for experimentation.6 EU several practices common on typical hunting seasons, restrictions of hunting Europe has been the global leader in must be used instead of animals when Arguably, however, the most impactful factory farms are now beginning to be and trapping in federal wildlife establishing new standards in creating available and allocable.3 It is important difference between laws protecting phased out. For example, a ban on the monuments (Yellowstone National Park, animal welfare laws. From protecting to note that a significant component References animals in laboratories to those farmed animals in laboratories in the UK (and use of veal crates throughout the EU will for example), and legislation such as the of this ban is the role of the European 1 Thew, Michelle. 2005 “Learning from World for human consumption and exploited other countries such as Canada) and take effect next year. Battery cages, small Endangered Species Act or the Marine Centre for the Validation of Alternative the U.S. is the fact that birds, rats of the Experience.” Taking Action for Animals: for their fur, the European Union (EU) cages that often house up to four birds Mammal Protection Act, which specifically Washington, DC. Methods (ECVAM), which has validated genus Rattus, and mice of the genus Mus has demonstrated that animal welfare 4 who are unable to spread their wings, outline criteria to protect certain wildlife, 20 alternatives, making the process of 2 See supra number 1. concerns can be incorporated into bred for research receive legal protection will be outlawed in 2012, and a ban on there is no U.S. law that strictly prohibits enacting a ban on cosmetic testing more 3 legitimate laws that benefit everyone in in Britain. In the U.S., this is not the gestation crates, cages with typically traditional hunting or trapping. (Bear See supra number 1. palpable for industry insiders. In contrast, case, leaving, according to author and society, and in doing so has become the concrete floors and not much bigger and raccoon baiting is outlawed through 4 ECVAM. July 21, 2005. http://ecvam.jrc.it/index. the Interagency Coordinating Committee veterinarian Larry Carbone, an estimated ruler to which we in the U.S. measure our than a mother sow and her piglets, will the Animal Welfare Act.) In the UK, htm. for the Validation of Alternative Methods, 7 8 own legislation, which sometimes falls far 80,000,000–100,000,000 animals without go into effect in 2013. Additionally, the hound hunting was banned a few years the U.S. version of ECVAM, has validated 5 ICVAM. July 21, 2006. http://iccvam.niehs.nih. rights to minimal standards of care and first ever international standards have ago. And all EU member states have short in breadth, strength, and quality. only six alternatives,5 a fact that many gov/about/overview.htm. treatment. And because birds, rats, been outlined for the humane transport banned the use of leghold traps, with believe has inhibited any strong effort to 6 In the laboratory and mice bred for research do not fall and slaughter of animals in the EU. over 80 countries around the globe See supra number 1. outlaw cosmetic animal testing in the U.S. under the umbrella coverage of the adopting similar legislation.10 In the U.S., 7 Although the use of animals in product Carbone, Larry. 2004. What Animals Want: Expertise Another area in which Europe trumps Animal Welfare Act, an untold number Fury over Fur, Hunting, and Trapping however, members of Congress have and Advocacy in Laboratory Animal Welfare Policy. New testing remains a point of strong debate the U.S. is in the use of primates in of laboratories and education institutions York: Oxford University Press. p. 26. There are no laws in the U.S. that grappled for years over legislation that in the U.S., in the EU there has been a research. Although the U.S. enacted that use only these animals are not protect animals who are trapped for their would ban leghold traps to no avail. 8 See supra number 1. unified effort among activists, government the Chimpanzee Health Improvement, inspected by the U.S. Department of officials, and industry to phase out such fur or raised on fur farms. In contrast, 9 Maintenance, and Projection Act, which Agriculture. As a consequence, the exact Conclusion See supra number 1. several EU member states (Austria, The testing. By maintaining open dialogues established a retirement system for number of these animals used in research 10 Netherlands, Sweden, Switzerland, United There is no doubt that the European See supra number 1. and forming cooperative relations, the chimpanzees used in federal research, and testing remains unknown, their Kingdom) have taken an ethical stand Union has been more progressive than European Union was able to enact a ban in 2000, the United Kingdom (UK), inhumane treatment cannot be punished,

22 A AV S SUMMER 2 0 0 6 AV MAGAZINE A PUBLICATION OF THE AMERICAN ANTI-VIVISECTION SOCIETY 23 and within the agency charged with including the humane treatment of hearings or debates—to unilaterally enforcing the AWA, the U.S. Department laboratory animals. change the law by excluding “birds, rats AAVS Perspective On the Protection of Agriculture (USDA). Specifically, of the genus Rattus, and mice of the landmark events within each body are USDA genus Mus, bred for use in research.”9 Of Laboratory Animals noteworthy. Another landmark event happened this This language was narrowly written; year. On March 7, 2006, in response to therefore, some of the uses of birds, Federal Courts a petition filed by AAVS, USDA officially rats, and mice still fall within USDA’s In the courts, one of the greatest announced that genetically engineered regulatory authority, including the sale of victories for animals under the AWA and cloned animals should not be denied birds as pets and the use of wild mice in occurred when animal activists achieved AWA protections.7 By revising Policy research. USDA is currently conducting standing under the AWA. In order to #10, companies that are genetically a rulemaking process to cover these 10 bring a claim into a court, a plaintiff engineering or cloning animals are now animals. must have standing, meaning that a clearly not shielded from complying The devastating effect of the Helms plaintiff must have a legally protectable with the AWA. This policy revision is amendment is that since the majority of and tangible interest at stake in the significant because an untold number animals used in research are mice and lawsuit.3 For over 30 years, the Act was of animals are genetically engineered rats that are bred for use in research, essentially unenforceable because no to contain unnatural characteristics more than 95 percent of animals used one had standing to challenge USDA’s and are used in research, tests, and in research facilities are entitled to no interpretation of the law. experiments. One example is Andi, a humane care or treatment under the 11 In a 1998 District of Columbia Circuit rhesus monkey whose tissues glow green AWA. The Congressional founders of Court en banc case, Animal Legal Defense under ultraviolet light. The number of the AWA wanted to eliminate abusive Fund v. Glickman,4 a U.S. Appeals Court animals used in cloning experiments is laboratory conditions for all warm- broke this barrier by ruling for the also quickly rising. Due to the severe blooded animals, not just five percent of first time that a plaintiff had standing health complications suffered by animal them. Through the unilateral act of one under the AWA.5 In this case, a plaintiff clones and the novel introduction of Senator, the AWA has been significantly challenged USDA’s failure to finalize a genes into genetically altered animals, it crippled in its ability to protect all proposed policy on the psychological was imperative that USDA’s humane care research animals. enrichment of primates in zoos and regulations govern these invasive, painful, Future Direction of the Animal Welfare laboratories. This court recognized and distressful procedures. Fortunately, that a plaintiff visiting a zoo to observe USDA stepped forward to address these Act in Protecting Research Animals particular animals has an aesthetic interest novel technologies and extended AWA Now that the first 40 years of the AWA in the observation of animals living under protections to genetically engineered and have passed, where will AWA coverage 8 humane conditions no matter where the some cloned animals. extend during the next 40 years? Animal animals are located. advocates have numerous ideas. Focusing Significant Setbacks for Laboratory solely on the research animal issue, By Tracie Letterman, Esq., Forty years ago, Congress others. As the only federal Without these amendments, This case was followed by a lawsuit Animals Under the Animal Welfare Act however, there are two primary areas AAVS Executive Director enacted the Animal Welfare statute designed to protect there will continue to be filed by AAVS’s afilitate, the Alternatives There have also been several crushing that must be addressed in future AWA Act (AWA) for the primary animals used in all types significant gaps in the Research & Development Foundation setbacks for the protection of laboratory amendments. purpose of preventing of research facilities, the protection of laboratory (ARDF), challenging USDA’s failure to animals. One of the largest was the 2002 abuses to animals used in strength and enforcement animals. regulate birds, rats, and mice under the First, to truly be an Act that protects Helms amendment to the AWA, excluding research facilities.1 During of this statute is critical for AWA. One of the plaintiffs was a college animals used in research, the AWA must birds, rats, and mice from coverage under the hearings, Congress heard protecting laboratory animals. Significant Milestones for student who wanted to observe and study be amended to include birds, rats, and the Act. shocking testimony about pet By persistently and tirelessly Laboratory Animals Under the animals (rats) under humane conditions mice bred for use in research, and cold- theft operations that supplied working with Congress Animal Welfare Act in the laboratory; however, instead, This amendment occurred as a result of blooded species, such as fish. As shown stolen pets to the growing and federal regulators, the plaintiff observed and interacted USDA’s decision to settle the lawsuit with by the Canadian Council on Animal There have been many medical research field and AAVS continues to be at with animals who received inadequate ARDF. ARDF sued USDA because the Care (CCAC), the number of fish used significant advances in research facilities that were the forefront of advocating housing, water, food, and veterinary agency had interpreted the term “animal” in research is on the rise, rivaling the the protection of animals 12 providing grossly inadequate for stronger protections care. Following the Glickman precedent, to include all warm-blooded animals number of mice used. Because birds, used in research since the care for animals used in for animals in laboratories the court agreed that the plaintiffs in except birds, rats, and mice. After the rats, mice and cold-blooded species are passage of the original laboratories. In recognition under the AWA. There have the ARDF case satisfied the standing court granted standing to the plaintiffs, not covered, researchers use these animals 1966 Act. Legislatively, of the anniversary of the AWA, been significant strides but, requirements and for the first time, there USDA settled the case and was going to more than any other species covered by Congress amended the law we need to ask the question, unfortunately, devastating is solid precedent supporting a plaintiff’s regulate birds, rats, and mice for the first the AWA. These excluded species deserve to prevent the unnecessary “How far have we come in the setbacks. argument for standing when observing time. The research community was upset AWA protection just as much as the use of animals by requiring past 40 years in furthering inhumane living conditions for laboratory over this settlement and attempted to species currently covered under the law. As for the future of research facilities to consider 6 the purposes of the Act, i.e., animals. intervene in the lawsuit but was denied by the Act, to truly fulfill the the use of non-animal In addition, because these animals preventing laboratory animal The precedent set by these cases is the court. original intent of the AWA, alternatives and to eliminate are not covered under the AWA, there abuse?” significant because they paved the way Congressional amendments unnecessary duplication of After settling the lawsuit, USDA began is no requirement that researchers for future plaintiffs to challenge illegal Several amendments that specifically address animal experiments.2 There the process to regulate these animals consider non-animal alternatives. As a actions by USDA under the AWA. This later, the Act has broadened broader coverage of the have also been considerable when disaster struck. Prompted by result, researchers are considering only landmark event will help to ensure protections for animals in Act and for stronger citizen advances for laboratory the research community, then Senator alternatives for an astounding five percent that the goals of the AWA are fulfilled, some areas and decreased involvement are necessary animals in the courts Jesse Helms decided during a closed of research animals. Clearly, this is not animal welfare coverage in in enforcement of the Act. conference committee—without any what Congress meant when they passed

24 A AV S SUMMER 2 0 0 6 AV MAGAZINE A PUBLICATION OF THE AMERICAN ANTI-VIVISECTION SOCIETY 25 AAVS Perspective On the Protection Of Laboratory Animals continued

these actions, the use of animals will Finally, even if Congress broadens the dramatically decrease, and the purpose coverage of the AWA to include more of the AWA will finally be fulfilled. These species, the statute is toothless without actions will occur only when spurred by adequate enforcement. animal activists, such as AAVS. AAVS is dedicated to putting in the time and effort it will take to eliminate the use of animals in research. PAWS Bill Threatens References 1 Pub. L. No. 89-544, 80 Stat. 359 (1966).

2 7 U.S.C. §§ 2143(a)(3)(b), 2131(3); 9 C.F.R. § 2.31(d)(ii)(iii). 3 Integrity Of The AWA Lujan v. Defenders of Wildlife, 504 U.S. 555, 560 (1992) (explaining constitutional standing requirements); Assoc. of Data Processing Serv. Orgs. v. Camp, 397 U.S. 150, 153 (1970)(explaining he Pet Animal Welfare Statute (PAWS) was inspection reports will not be available through the Freedom the prudential standing requirements). introduced into the Senate earlier this year with of Information Act (FOIA). Only dealers that fail third-party 4 154 F.3d 426 (D.C. Cir. 1998) (en banc). the original intent of strengthening the U.S. inspections will have records available through FOIA. 5 A few lower court cases achieved standing Department of Agriculture’s (USDA) ability to Without access to FOIA documents, animal advocates will but then were abruptly overturned. See e.g., T Animal Legal Defense Fund v. Espy, 23 F.3d regulate the pet industry by amending the Animal be left unaware of what goes on behind the closed doors of 496 (D.C. Cir. 1994) (overturning the district Welfare Act (AWA). The bill (S.1139) and its companion House animal dealers. This action sets a dangerous precedent of court’s decision granting standing to an animal organization and the individual plaintiffs). bill (H.R.2699) were widely well received. However, new empowerment for other industry oversight bodies such as the

6 Alternatives Research & Devel. Found. v. language, which significantly alters the original bill, has Association for Assessment and Accreditation of Laboratory Glickman, 101 F. Supp. 2d 7 (D.D.C. 2000). been added to a discussion draft and it is currently under Animal Care, which operates within the biomedical 7 For more information about the specific consideration. community. the 1985 amendments that included should add a citizen suit provision. The coverage of cloned and genetically engineered the alternatives provision. Senator Bob animal protection movement should learn animals under the AWA, see AAVS website at The discussion draft allows retail and wholesale animal Please write to your Senators and encourage them to Dole explained that this legislation was from the environmental community’s http://www.nopetcloning.org/aavspetition. dealers to be inspected by ‘third parties,’ replacing direct support S.1139 in its original form. Also please contact your shtml; USDA, Aphis Animal Care Stakeholder necessary “to ensure the public that success by looking at statutes such as the oversight by the USDA. While the USDA is a neutral agency, Representative and ask him/her to support the original adequate safeguards are in place to Endangered Species Act, Clean Water Update on Revised Policies (Mar. 7, 2006), prevent unnecessary abuses to animals, Act, and Clean Air Act. These statues available at http://www.aphis.usda.gov/ac/. third-party inspectors may be aligned with the pet industry PAWS companion bill, H.R.2669. To find your U.S. and that everything possible is being done have allowed citizen groups to monitor 8 See supra note 7. and quick to dismiss violations of the AWA. Additionally, Senators, log onto www.senate.gov; and to find your U.S. to decrease the pain of animals during noncompliance with the law and have 9 7 U.S.C. § 2131(g). dealers who opt into the third-party inspection program Representative, log onto www.house.gov; or call (800) 688-9889 experimentation and testing.”13 Indeed, taken the burden off government officials. 10 subsequently opt out of USDA inspection, and thus their to get the names and addresses of your legislators. Congress’s intent to decrease animal Due to citizen suits, there have been See 69 Fed. Reg. 31537 (2004). pain and suffering through the use of countless actions to preserve endangered 11 Lynne Lamberg, Researchers Urged to Tell alternatives is meaningless if less than five species and protect our water and air that Public How Animal Studies Benefit Human percent of the animals used in research would not have been possible if left only Health, 282 JAMA 619-621 (Aug. 18, 1999); Larry are covered by the AWA. To provide to the agencies’ limited resources. Carbone, a laboratory veterinarian, estimates that between 80-100 million rats and mice are real protection to laboratory animals This question still needs to be bred for use in research annually. Larry Carbone, and to actually decrease the numbers of answered: How far have we come in the What Animals Want: Expertise and Advocacy in animals being used in research, the Helms past 40 years in furthering the purposes of Laboratory Animal Welfare Policy. 26. (2004) amendment needs to be repealed, and the Act? I believe that we have overcome 12 cold-blooded species need to be added to See Canadian Council on Animal Care, available some significant milestones. However, to at http://www.ccac.ca/en/CCAC_Programs/ the definition of “animal” under the AWA. provide meaningful effects and changes Guidelines_Policies/GDLINES/Guidelis.htm. Finally, even if Congress broadens the for laboratory animals, the AWA needs to Even though these species receive no humane coverage of the AWA to include more be amended to include more species—the care and treatment under the law, scientists argue species, the statute is toothless without species that are predominately used that fish do feel pain. Dr. Lynne U. Sneddon, adequate enforcement. Currently, by researchers— and allow citizens to Dr. Victoria A. Braithwaite, and Dr. Michael J. there are only 112 inspectors to inspect enforce the Act. Gentle, Do Fish Have Nociceptors: Evidence for 8,300 regulated entities, including over the Evolution of a Vertebrate Sensory System, The Once Congress broadens the scope Royal Society Scientific Academy, 7 (June 2003). one million animals used in research of animals covered under the Act and 14 13 131 Cong. Rec. 29,155 (1985). facilities covered by the law. Clearly, increases enforcement, the research 14 the number of regulated entities and community will be forced to abandon USDA, FY 2004 AWA Inspections. 10, available at species covered far outweigh the number the routine use of animals by considering http://www.aphis.usda.gov/ac/publications.html. of USDA inspectors. In order to increase alternatives and eliminating unnecessary, the effectiveness of this law, Congress duplicative experiments. Through

26 A AV S SUMMER 2 0 0 6 AV MAGAZINE A PUBLICATION OF THE AMERICAN ANTI-VIVISECTION SOCIETY 27 70˚W 50˚N

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50˚N Q u e b e c 50˚N Q u e b e c New New Brunswick Brunswick Amos Presque Isle Fredericton Amos Presque Isle C a n aFredericton d a Quebec Quebec C a n a d a Saint John Pet Safety and Protection Act NewsNet SaintTrois-Rivieres John ProhibitsMaine Class B Dealers From Trois-Rivieres Support AltMaineernatives Supplying Dogs and Cats For Research St Lawrence R. The evolution of the LaboratoryBangor Animal Welfare Act of 1966 was largely motivated by the public’s outrage over the use of Bills in NY and NJ! stolen family pets in research projects. Yet, even today, dogs St Lawrence R. 95 BangorMontreal and cats may be snatched from their yards, obtained through Don’t Let Research roundbreaking legislation has been Waterville Sudbury ‘free to good home’ ads, or legally relinquished from shelters Animals Suffer in Montreal North Bay proposed in two eastern95 states that, if through a process called ‘pound seizure.’ Class B dealers, who Sudbury approved,Waterville would save countless animals collect dogs and cats from random sources such as these, then Secret: from suffering behind locked laboratory 91 Augustasupply these animals to research facilities. Clearly, the chief North Bay intention of the Laboratory Animal Welfare Act (later known as Help Strengthen the doors. In 2005,Ottawa the New York Assembly Vermont the Animal Welfare Act, or AWA) has not been achieved because 91 Augustaunanimously passed an alternatives bill Freedom of Ottawa Vermont class B dealers continuePortland to illegally provide researchers with O n t(A.1163) a r i o that would prohibit animal former companion animals under the AWA. Information Act! Georgian Bay 87 Montpelier testing on personal care andPortland non-medical products A new bill entitled the Pet Safety and Protection Act (S.451) The Freedom of Information Act O n t a r i o if a federally recommended alternative exists. Now seeks to remedy this problem with proposed amendments to (FOIA) is an important tool for those Georgian Bay 87 Montpelier the AWA by prohibiting class B dealers from supplying dogs working to protect animals in labora- the companion bill (S.4808)Kingston is awaiting a vote in the New Hampshire and cats for research.Portsmouth Unfortunately, the bill does not remove tories. It was established to guarantee New York Senate. A similar bill (A.909/S.1956) was public access to certain government Lake New Hampshire the current AWA provision allowing publicly owned pounds to Kingston introduced in New Jersey’s Senate and Assembly.81 supply dogs and cats to research facilities. documents. For instance, through FOIA, Huron Portsmouth Concord AAVS has requested many inspection Lake 81 Both bills stipulate that alternatives must be approvedNew York Although the problems with class B dealers are addressed reports of laboratories that provide us Huron Concordby the federal Inter-Agency Coordinating Committee in the Pet Safety and Protection Act, this bill continues to insight into the care and use of animals New York allow (but doesBoston not require) public pounds to supply research at specific research institutions. However, Torontofor the ValidationLake of Alternative Ontario Methods (ICCVAM) 90 Albany Adams facilities with animals as long as they are in compliance with government agencies frequently delay in order to meet the laws’Boston requirements. Although the AWA. the release of information, or claim that Massachusetts certain documents are exempt from ex- Lake Ontario 90 no federal law requires the use of animal testing on Toronto Albany Adams Syracuse For more information about pound seizure, please visit posure, making it difficult to monitor the 90 non-medicalMassachusetts products (suchRochester as lipstick and soap), www.banpoundseizure.org.Providence proper enforcement of animal welfare Niagara Falls laws. This is a frustrating, upward battle Syracuse many manufacturers90 continue to conduct painful and that is often littered with ‘red tape’ and Rochester Providence Hartford 95 Niagara Falls unnecessary testsBuffalo on animals. If the bills are approved, other complications. Furthermore, the Hartforda personal care or non-medical product company Binghamton ConnecticutSupport StudentRhode Island peers who dissect. Additionally, delaying of public access to information London would be required to95 spare animal lives by utilizing the 87 the financial savings of CD-ROMS, may stall efforts on behalf of the animals. Buffalo 90 United States Choice in Michigan! models, charts, manikins, and Binghamton Connecticutalternative in its testing and research. Undoubtedly, This is why the OPEN Government London 87 Rhode Island 81 other dissection alternatives that Act (Openness Promotes Effectiveness in passage of these laws would be a big step toward ending New Haven 40˚N 90 United States Erie A recent bill proposed in can be used over and over again our National Government) needs your 81 animal tests forever for personal care and cosmetic items. Michigan would give public school are far greater than that of real support. This bill would create an office New HavenBradford 40˚N to mediate disputes between government Lake Erie Scranton students the right to say no to animal specimens. There is also Erie If you live in New York, please urge your Senator to agencies and FOIA requesters, require dissection without compromising an important lesson taught when Bradford support the alternatives bill (S.4808). You can find not using real animals: Students federal agencies to meet deadlines for Lake Erie Scranton 80 their grades. H.4254 states that granting or denying FOIA requests, the name of your New YorkWilliamsport Senator at www.senate. learn to respect living beings if “a pupil expresses a moral and establish a system for requesters to New York and begin to appreciate and state.ny.us or by calling (518)455-2800. Additionally, objection to the dissection, the track the progress of their requests. Williamsport 80 Cleveland Allentown 476 understand the role of animals you can find outPennsylvania how your Assemblyman voted on the teacher shall offer an alternative 80 New York in nature. This is fundamental Please urge your Senators and Represen- activity to the dissection.” tative to co-sponsor these important bills Cleveland Allentown 476 alternatives bill at www.assembly.state.ny.us and thank Trenton to biology, the study of life. Pennsylvania New JerseyMany students object to (S.394/H.R.867), or thank them if they are 80 Akron your legislator if s/he votedHarrisburg to protect laboratory animals. 76 A t l a n t i c dissection for a variety of reasons, If you live in Michigan, please already co-sponsors. To find your U.S. Sena- Trenton Pittsburgh contact your Representative and ask tors, log onto www.senate.gov; and to find Akron Harrisburg 76 NewIf you Jersey live in New Jersey, please contact your Philadelphia and the value of alternative A t l a n t iWilmington c methods is beginningO to c be e a nthat s/he co-sponsor the dissection- your U.S. Representative, log onto www. Assemblymen and Senator and urge them to house.gov; or call (800)688-9889 to get the Pittsburgh 77 76 recognized by the educational choice bill (H.4254). You can find the Philadelphiasupport the alternatives bill (A.909/S.1956). You name of your Michigan Representative names and addresses of your legislators. 70 O c e a n 95 community. Research shows that Wilmington at http://house.michigan.gov or 77 76 can find the names of your New Jersey legislators at students who use alternatives learn Baltimore by calling (517)373-0135. 70 95 www.njleg.state.nj.us or by calling (800)792-8630. as well, if not better, than their Baltimore40˚N 70 Annapolis Dover 28 AOhio AV S SUMMER 2 0Delaware 0 6 AV MAGAZINE A PUBLICATION OF THE AMERICAN ANTI-VIVISECTION SOCIETY 29 40˚N 70 Annapolis Dover Ohio Ohio R. Delaware Washington D. C. Maryland Ohio R. West Washington D. C. Maryland 77 95 West Virginia 77 95 Virginia Virginia Virginia 80˚W 70˚W

80˚W 70˚W

0 250 Miles 0 250 Miles 0 250 KM 0 250 KM Members Message to Our Members Caroline Earle White Society Dear Friends, Planned Giving I hope your summer has afforded you Ensuring your voice continues the opportunity for a little R&R and time to be heard for the animals to enjoy the simple beauty of nature. I had the opportunity to visit the island of St. Lucia for my sister’s wedding and it was Over the years, many of our members simply enchanting. The 19,000 acres of and supporters have made provisions vibrant and lush landscapes reminded me to include AAVS in their wills, trusts, of the beauty and importance of freedom life insurance policies, and retirement for all living creatures. The island is full of accounts. Making a planned gift to AAVS native birds, and watching them made me is one of the most powerful ways you can appreciate even more the work AAVS is help us to reach our goal of ending the use doing to help bring about the protection of animals in biomedical research, product and eventual liberation of all animals. testing, and education. To recognize the Your continued support enables thoughtfulness and generosity of those us the freedom to explore the many who have chosen to provide for AAVS in opportunities for our campaigns. Thank their estate plans, we have created The you for giving us wings to fly our message Caroline EarleWhite Society, named in around the world, as it offers hope for honor of our founder. If you are interested all animals suffering needlessly, but in becoming a member of The Caroline especially for those in laboratories. EarleWhite Society please contact Heather Gaghan, Director of Development & Regards, Member Services at (215)887-0816. Heather Gaghan Director of Development ❏ Please send me information on the benefits of & Member Services supporting AAVS through planned giving.

❏ I have provided for AAVS through my will, retirement plan, life insurance policy, and/or other Tributes planned gift.

Name: In memory of Tippy and Killian. We miss you very much. We’ll see you at the Rainbow Bridge.

Kathleen and Sean Patrick Yoshida Address: Asburn, VA

In memory of Buddy, my wonderful cat who passed away from cancer. City: He is always in my heart.

Mahmoud Kassraian State/Zip: AAVS Memorial Fund Las Vegas, NV

In memory of Eddie and Teddy. The AAVS Memorial Fund is a unique I know you both would want me Phone: way of paying tribute to kindred animals to continue to rescue animals and animal lovers while making a gift in throughout my life, but none will ever their name to help stop animal suffering. replace you. I miss you everyday.

All AAVS memorial gifts are used for Roberta Elliott E-mail: continuing our mission’s work of ending Las Vegas, NV the use of animals in biomedical research, In memory of Snowflake. We miss

product testing, and education. you and will always love you. Memorial donations of any amount are Kathryn Demeter Please return coupon to: greatly appreciated. With a donation of San Jose, CA AAVS $50 or more, your memorial will also be Attn: Heather Gaghan In memory of Jedburgh—one in acknowledged in a special recognition 801 Old York Road, #204 a lifetime. Miss you always. section of AAVS’s Annual Report. At Jenkintown, PA 19046 your request, we will notify the family Kenneth and Linda Barnes member or other individual you have Northville, MI remembered as a memorial gift to AAVS.

30 A AV S SUMMER 2 0 0 6 AV MAGAZINE A PUBLICATION OF THE AMERICAN ANTI-VIVISECTION SOCIETY 31 ARDF UPDATE Animal Law Resource Page If you are interested in learning more about the Animal Welfare Act (AWA), animal law, or helping animals through effective legal action, the resources on this page will help you get started.

AGENCIES LAG IN ADOPTION OF ALTERNATIVES WEBSITES Animal Law Review Animal Welfare Act and Regulations www.lclark.edu/org/animalaw/ ne of the primary to “promote the development, highlighted, including its reliance www.nal.usda.gov/awic/ A publication of Lewis and Clark purposes of the validation, and adoption of non-animal on questionable animal test results as legislat/usdaleg1.htm Law School students, the Animal Law Review contains a variety of articles Animal Welfare Act methods,” it monitors ICCVAM and the ‘gold standard.’ It raises serious Use this website to view the full text of the relating to all aspects of animal law. (AWA) is to encourage sends representatives to its meetings questions regarding the agency’s ability AWA and its subsequent amendments. the development of in which alternative methods are to carry off the job it has been assigned Journal of Animal Law and Ethics alternativeO methods. The AWA states evaluated, data is reviewed, and within any reasonable time frame. Animal Care Publications that “methods of testing that do not use recommendations are formulated. www.law.upenn.edu/groups/jale/ What Animals Want: Expertise In June, ARDF and AAVS co-signed www.aphis.usda.gov/ac/publications.html animals are being and continue to be and Advocacy in Laboratory As recently as May 2006, ARDF petitions drafted by People for the Ethical Find information about the University developed which are faster, less expensive, Find AWA inspection reports, the Animal Welfare Policy president Sue Leary attended the Treatment of Animals and supported by of Pennsylvania’s Journal of Animal and more accurate than traditional numbers of animals used in research, ICCVAM Peer Review Panel to evaluate in other animal protection organizations Law and Ethics on this website. by Larry Carbone, DVM animal experiments for some purposes summaries of facility violations, and vitro test methods for estimating starting that propose new non-animal testing Written by a laboratory veterinarian, and further opportunities exist for the other documents published by USDA’s doses for acute oral systemic toxicity. This strategies directly to the EPA. Perhaps this book presents a scholarly development of these methods of testing.” Animal Care unit on this website. somewhat dry title represents examination a single agency can respond more BOOKS history of animal welfare policy in efficiently than the coordinating body, Lethal Laws: Animal Testing, Human the laboratory environment. but both levels seem to require constant Animal Welfare Information Center Health, and Environmental Policy vigilance by informed advocates in order www.nal.usda.gov/awic/ This statutory requirement requires researchers to consider alternatives by Alix Fano to advance the case for alternatives. . PERIODICALS before using animals in painful experiments and is the first step toward This website provides information A scientific indictment of animal tests, this on laboratory animals, farm animals, “Compassion in Action: Legal and reducing animal suffering in research. book exposes how U.S. environmental circuses, zoos, wildlife, and companion Effective Tools to Help Animals,” policy mandates the killing of thousands animals covered by the AWA. AV Magazine, Fall 2003. of animals and generates flawed scientific In a later section, Congress directs the of an aspect of the controversial LD50 The Library of Congress results. (Available through AAVS.) U.S. Department of Agriculture (USDA) test, which literally poisons animals to “Behind Closed Doors: Federal http://thomas.loc.gov Fallacies,” AV Magazine, Winter 2001. to promulgate regulations for research death. The puzzling issue for animal Rattling the Cage: Towards facilities, including requirements “that advocates about this evaluation was that a This website provides legislative Legal Rights for Animals the principal investigator considers Guidance Document, usually considered information such as bill text, status, “Political Animals: Using Your Vote and by Steven Wise alternatives to any procedure likely the final step in the process that agencies and sponsors, with a simple search Voice,” AV Magazine, Summer 2000. to produce pain to or distress in an use to let industry know what they will engine called THOMAS. Focusing on chimpanzees and experimental animal….” This statutory find acceptable, had already been issued bonobos, this book illuminates the requirement requires researchers to on the same subject in 2001. Yet it appears Federal Register injustice of denying basic rights to LITERATURE consider alternatives before using that the topic is being reopened and animals. (Available through AAVS.) www.gpo.gov/su_docs/aces/fr-cont.html Laws, Animals, and Research: Laws and animals in painful experiments and revisited. This is troubling considering the regulations relating to animals used For daily information on proposed is the first step toward reducing resources can arguably be better utilized Drawing the Line: Science and in research, testing, and education animal suffering in research. to advance other alternative tests that regulations, comment periods, and the Case for Animal Rights Available from AAVS, this brochure might replace animal use altogether. hearings, check this website. However, the AWA is not the only by Steven Wise provides an introduction to the law concerned with alternatives. One Furthermore, according to ICCVAM’s governmental agencies that Humane Scorecard The sequel to Rattling the Cage, important federal law is the ICCVAM interpretation of the scope of work, the this book cites scientific evidence oversee laboratory animal use. Authorization Act of 2000, which range of test chemicals was restricted. www.hsus.org/ace/20641 for extending rights to animals. established the Interagency Coordinating As a consequence, the results were A project of the Humane Society of the (Available through AAVS.) Dissection and Students’ Rights Committee on the Validation of skewed against the in vitro methods. The United States, the Humane Scorecard This brochure is a wonderful resource for Alternative Methods (ICCVAM) as a recommendations of the Peer Review lists members of Congress and their Animals, Property, and the Law students of all ages who want to say no to permanent entity. The Committee is Panel (which consisted of some highly votes on animal protection bills. composed of representatives from 15 qualified and respected individuals in by Gary Francione dissection and is available from AAVS. federal regulatory and research agencies the field) have not yet been made public. Animal Legal and Historical Center Written by a lawyer, this book involved in risk assessment. Key aspects of But it appears that the recommendations explores the notion of animals www.animallaw.info its mission include facilitating acceptance are unlikely to move regulatory testing as ‘property’ under U.S. law. of validated methods and increasing further on the path away from animal Use this website by Michigan State efficiency in the review process. use. Throughout this process, the University College of Law to search animal welfare laws by state, country, or species. Because of ARDF’s core mission pitfalls of the ICCVAM process were

32 A AV S SUMMER 2 0 0 6 AV MAGAZINE A PUBLICATION OF THE AMERICAN ANTI-VIVISECTION SOCIETY 33 Be informed!

Every animal activist should Request your free Laws, Animals, and Research know the laws brochure today! and regulations Call (800)SAY-AAVS. surrounding animal research.

The American Anti-Vivisection Society 801 Old York Rd., #204 Jenkintown, PA 19046-1685 A Non-Profit Educational Organization Dedicated to the Abolition of Vivisection