This set of regulations contain the humane care provisions for dogs and cats.

Subpart A--Specifications for the Humane Handling, Care, Treatment, and
                   Transportation of Dogs and Cats \1\

    Source: 56 FR 6486, Feb. 15, 1991, unless otherwise noted.

                   Facilities and Operating Standards

Sec. 3.1  Housing facilities, general.

    (a) Structure; construction. Housing facilities for dogs and cats
must be designed and constructed so that they are structurally sound.
They must be kept in good repair, and they must protect the animals from
injury, contain the animals securely, and restrict other animals from
entering.
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    \1\ These minimum standards apply only to live dogs and cats, unless
stated otherwise.
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    (b) Condition and site. Housing facilities and areas used for
storing animal food or bedding must be free of any accumulation of
trash, waste material, junk, weeds, and other discarded materials.
Animal areas inside of housing facilities must be kept neat and free of
clutter, including equipment, furniture, and stored material, but may
contain materials actually used and necessary for cleaning the area, and
fixtures or equipment necessary for proper husbandry practices and
research needs. Housing facilities other than those maintained by
research facilities and Federal research facilities must be physically
separated from any other business. If a housing facility is located on
the same premises as another business, it must be physically separated
from the other business so that animals the size of dogs, skunks, and
raccoons are prevented from entering it.
    (c) Surfaces--(1) General requirements. The surfaces of housing
facilities--including houses, dens, and other furniture-type fixtures
and objects within the facility--must be constructed in a manner and
made of materials that allow them to be readily cleaned and sanitized,
or removed or replaced when worn or soiled. Interior surfaces and any
surfaces that come in contact with dogs or cats must:
    (i) Be free of excessive rust that prevents the required cleaning
and sanitization, or that affects the structural strength of the
surface; and
    (ii) Be free of jagged edges or sharp points that might injure the
animals.
    (2) Maintenance and replacement of surfaces. All surfaces must be
maintained on a regular basis. Surfaces of housing facilities--including
houses, dens, and other furniture-type fixtures and objects within the
facility--that cannot be readily cleaned and sanitized, must be replaced
when worn or soiled.
    (3) Cleaning. Hard surfaces with which the dogs or cats come in
contact must be spot-cleaned daily and sanitized in accordance with
Sec. 3.11(b) of this subpart to prevent accumulation of excreta and
reduce disease hazards. Floors made of dirt, absorbent bedding, sand,
gravel, grass, or other similar material must be raked or spot-cleaned
with sufficient frequency to ensure all animals the freedom to avoid
contact with excreta. Contaminated material must be replaced whenever
this raking and spot-cleaning is not sufficient to prevent or eliminate
odors, insects, pests, or vermin infestation. All other surfaces of
housing facilities must be cleaned and sanitized when necessary to
satisfy generally accepted husbandry standards and practices.
Sanitization may be done using any of the methods provided in
Sec. 3.11(b)(3) for primary enclosures.
    (d) Water and electric power. The housing facility must have
reliable electric power adequate for heating, cooling, ventilation, and
lighting, and for carrying out other husbandry requirements in
accordance with the regulations in this subpart. The housing facility
must provide adequate running potable water for the dogs' and cats'
drinking needs, for cleaning, and for

[[Page 45]]

carrying out other husbandry requirements.
    (e) Storage. Supplies of food and bedding must be stored in a manner
that protects the supplies from spoilage, contamination, and vermin
infestation. The supplies must be stored off the floor and away from the
walls, to allow cleaning underneath and around the supplies. Foods
requiring refrigeration must be stored accordingly, and all food must be
stored in a manner that prevents contamination and deterioration of its
nutritive value. All open supplies of food and bedding must be kept in
leakproof containers with tightly fitting lids to prevent contamination
and spoilage. Only food and bedding that is currently being used may be
kept in the animal areas. Substances that are toxic to the dogs or cats
but are required for normal husbandry practices must not be stored in
food storage and preparation areas, but may be stored in cabinets in the
animal areas.
    (f) Drainage and waste disposal. Housing facility operators must
provide for regular and frequent collection, removal, and disposal of
animal and food wastes, bedding, debris, garbage, water, other fluids
and wastes, and dead animals, in a manner that minimizes contamination
and disease risks. Housing facilities must be equipped with disposal
facilities and drainage systems that are constructed and operated so
that animal waste and water are rapidly eliminated and animals stay dry.
Disposal and drainage systems must minimize vermin and pest infestation,
insects, odors, and disease hazards. All drains must be properly
constructed, installed, and maintained. If closed drainage systems are
used, they must be equipped with traps and prevent the backflow of gases
and the backup of sewage onto the floor. If the facility uses sump or
settlement ponds, or other similar systems for drainage and animal waste
disposal, the system must be located far enough away from the animal
area of the housing facility to prevent odors, diseases, pests, and
vermin infestation. Standing puddles of water in animal enclosures must
be drained or mopped up so that the animals stay dry. Trash containers
in housing facilities and in food storage and food preparation areas
must be leakproof and must have tightly fitted lids on them at all
times. Dead animals, animal parts, and animal waste must not be kept in
food storage or food preparation areas, food freezers, food
refrigerators, or animal areas.
    (g) Washrooms and sinks. Washing facilities such as washrooms,
basins, sinks, or showers must be provided for animal caretakers and
must be readily accessible.

Sec. 3.2  Indoor housing facilities.

    (a) Heating, cooling, and temperature. Indoor housing facilities for
dogs and cats must be sufficiently heated and cooled when necessary to
protect the dogs and cats from temperature or humidity extremes and to
provide for their health and well-being. When dogs or cats are present,
the ambient temperature in the facility must not fall below 50  deg.F
(10  deg.C) for dogs and cats not acclimated to lower temperatures, for
those breeds that cannot tolerate lower temperatures without stress or
discomfort (such as short-haired breeds), and for sick, aged, young, or
infirm dogs and cats, except as approved by the attending veterinarian.
Dry bedding, solid resting boards, or other methods of conserving body
heat must be provided when temperatures are below 50  deg.F (10  deg.C).
The ambient temperature must not fall below 45  deg.F (7.2  deg.C) for
more than 4 consecutive hours when dogs or cats are present, and must
not rise above 85  deg.F (29.5  deg.C) for more than 4 consecutive hours
when dogs or cats are present. The preceding requirements are in
addition to, not in place of, all other requirements pertaining to
climatic conditions in parts 2 and 3 of this chapter.
    (b) Ventilation. Indoor housing facilities for dogs and cats must be
sufficiently ventilated at all times when dogs or cats are present to
provide for their health and well-being, and to minimize odors, drafts,
ammonia levels, and moisture condensation. Ventilation must be provided
by windows, vents, fans, or air conditioning. Auxiliary ventilation,
such as fans, blowers, or air conditioning must be provided when the
ambient temperature is 85  deg.F (29.5  deg.C) or higher. The relative
humidity must be maintained at a level that

[[Page 46]]

ensures the health and well-being of the dogs or cats housed therein, in
accordance with the directions of the attending veterinarian and
generally accepted professional and husbandry practices.
    (c) Lighting. Indoor housing facilities for dogs and cats must be
lighted well enough to permit routine inspection and cleaning of the
facility, and observation of the dogs and cats. Animal areas must be
provided a regular diurnal lighting cycle of either natural or
artificial light. Lighting must be uniformly diffused throughout animal
facilities and provide sufficient illumination to aid in maintaining
good housekeeping practices, adequate cleaning, adequate inspection of
animals, and for the well-being of the animals. Primary enclosures must
be placed so as to protect the dogs and cats from excessive light.
    (d) Interior surfaces. The floors and walls of indoor housing
facilities, and any other surfaces in contact with the animals, must be
impervious to moisture. The ceilings of indoor housing facilities must
be impervious to moisture or be replaceable (e.g., a suspended ceiling
with replaceable panels).

[56 FR 6486, Feb. 15, 1991, as amended at 63 FR 10498, Mar. 4, 1998]

Sec. 3.3  Sheltered housing facilities.

    (a) Heating, cooling, and temperature. The sheltered part of
sheltered housing facilities for dogs and cats must be sufficiently
heated and cooled when necessary to protect the dogs and cats from
temperature or humidity extremes and to provide for their health and
well-being. The ambient temperature in the sheltered part of the
facility must not fall below 50  deg.F (10  deg.C) for dogs and cats not
acclimated to lower temperatures, for those breeds that cannot tolerate
lower temperatures without stress and discomfort (such as short-haired
breeds), and for sick, aged, young, or infirm dogs or cats, except as
approved by the attending veterinarian. Dry bedding, solid resting
boards, or other methods of conserving body heat must be provided when
temperatures are below 50  deg.F (10  deg.C). The ambient temperature
must not fall below 45  deg.F (7.2  deg.C) for more than 4 consecutive
hours when dogs or cats are present, and must not rise above 85  deg.F
(29.5  deg.C) for more than 4 consecutive hours when dogs or cats are
present. The preceding requirements are in addition to, not in place of,
all other requirements pertaining to climatic conditions in parts 2 and
3 of this chapter.
    (b) Ventilation. The enclosed or sheltered part of sheltered housing
facilities for dogs and cats must be sufficiently ventilated when dogs
or cats are present to provide for their health and well-being, and to
minimize odors, drafts, ammonia levels, and moisture condensation.
Ventilation must be provided by windows, doors, vents, fans, or air
conditioning. Auxiliary ventilation, such as fans, blowers, or air-
conditioning, must be provided when the ambient temperature is 85  deg.F
(29.5  deg.C) or higher.
    (c) Lighting. Sheltered housing facilities for dogs and cats must be
lighted well enough to permit routine inspection and cleaning of the
facility, and observation of the dogs and cats. Animal areas must be
provided a regular diurnal lighting cycle of either natural or
artificial light. Lighting must be uniformly diffused throughout animal
facilities and provide sufficient illumination to aid in maintaining
good housekeeping practices, adequate cleaning, adequate inspection of
animals, and for the well-being of the animals. Primary enclosures must
be placed so as to protect the dogs and cats from excessive light.
    (d) Shelter from the elements. Dogs and cats must be provided with
adequate shelter from the elements at all times to protect their health
and well-being. The shelter structures must be large enough to allow
each animal to sit, stand, and lie in a normal manner and to turn about
freely.
    (e) Surfaces. (1) The following areas in sheltered housing
facilities must be impervious to moisture:
    (i) Indoor floor areas in contact with the animals;
    (ii) Outdoor floor areas in contact with the animals, when the floor
areas are not exposed to the direct sun, or are made of a hard material
such as wire, wood, metal, or concrete; and
    (iii) All walls, boxes, houses, dens, and other surfaces in contact
with the animals.

[[Page 47]]

    (2) Outside floor areas in contact with the animals and exposed to
the direct sun may consist of compacted earth, absorbent bedding, sand,
gravel, or grass.

[56 FR 6486, Feb. 15, 1991, as amended at 63 FR 10498, Mar. 4, 1998]

Sec. 3.4  Outdoor housing facilities.

    (a) Restrictions. (1) The following categories of dogs or cats must
not be kept in outdoor facilities, unless that practice is specifically
approved by the attending veterinarian:
    (i) Dogs or cats that are not acclimated to the temperatures
prevalent in the area or region where they are maintained;
    (ii) Breeds of dogs or cats that cannot tolerate the prevalent
temperatures of the area without stress or discomfort (such as short-
haired breeds in cold climates); and
    (iii) Sick, infirm, aged or young dogs or cats.
    (2) When their acclimation status is unknown, dogs and cats must not
be kept in outdoor facilities when the ambient temperature is less than
50  deg.F (10  deg.C).
    (b) Shelter from the elements. Outdoor facilities for dogs or cats
must include one or more shelter structures that are accessible to each
animal in each outdoor facility, and that are large enough to allow each
animal in the shelter structure to sit, stand, and lie in a normal
manner, and to turn about freely. In addition to the shelter structures,
one or more separate outside areas of shade must be provided, large
enough to contain all the animals at one time and protect them from the
direct rays of the sun. Shelters in outdoor facilities for dogs or cats
must contain a roof, four sides, and a floor, and must:
    (1) Provide the dogs and cats with adequate protection and shelter
from the cold and heat;
    (2) Provide the dogs and cats with protection from the direct rays
of the sun and the direct effect of wind, rain, or snow;
    (3) Be provided with a wind break and rain break at the entrance;
and
    (4) Contain clean, dry, bedding material if the ambient temperature
is below 50  deg.F (10  deg.C). Additional clean, dry bedding is
required when the temperature is 35  deg.F (1.7  deg.C) or lower.
    (c) Construction. Building surfaces in contact with animals in
outdoor housing facilities must be impervious to moisture. Metal
barrels, cars, refrigerators or freezers, and the like must not be used
as shelter structures. The floors of outdoor housing facilities may be
of compacted earth, absorbent bedding, sand, gravel, or grass, and must
be replaced if there are any prevalent odors, diseases, insects, pests,
or vermin. All surfaces must be maintained on a regular basis. Surfaces
of outdoor housing facilities--including houses, dens, etc.--that cannot
be readily cleaned and sanitized, must be replaced when worn or soiled.

Sec. 3.5  Mobile or traveling housing facilities.

    (a) Heating, cooling, and temperature. Mobile or traveling housing
facilities for dogs and cats must be sufficiently heated and cooled when
necessary to protect the dogs and cats from temperature or humidity
extremes and to provide for their health and well-being. The ambient
temperature in the mobile or traveling housing facility must not fall
below 50  deg.F (10  deg.C) for dogs and cats not acclimated to lower
temperatures, for those breeds that cannot tolerate lower temperatures
without stress or discomfort (such as short-haired breeds), and for
sick, aged, young, or infirm dogs and cats. Dry bedding, solid resting
boards, or other methods of conserving body heat must be provided when
temperatures are below 50  deg.F (10  deg.C). The ambient temperature
must not fall below 45  deg.F (7.2  deg.C) for more than 4 consecutive
hours when dogs or cats are present, and must not exceed 85  deg.F (29.5
 deg.C) for more than 4 consecutive hours when dogs or cats are present.
The preceding requirements are in addition to, not in place of, all
other requirements pertaining to climatic conditions in parts 2 and 3 of
this chapter.
    (b) Ventilation. Mobile or traveling housing facilities for dogs and
cats must be sufficiently ventilated at all times when dogs or cats are
present to provide for the health and well-being of the animals, and to
minimize odors,

[[Page 48]]

drafts, ammonia levels, moisture condensation, and exhaust fumes.
Ventilation must be provided by means of windows, doors, vents, fans, or
air conditioning. Auxiliary ventilation, such as fans, blowers, or air
conditioning, must be provided when the ambient temperature within the
animal housing area is 85  deg.F (29.5  deg.C) or higher.
    (c) Lighting. Mobile or traveling housing facilities for dogs and
cats must be lighted well enough to permit proper cleaning and
inspection of the facility, and observation of the dogs and cats. Animal
areas must be provided a regular diurnal lighting cycle of either
natural or artificial light. Lighting must be uniformly diffused
throughout animal facilities and provide sufficient illumination to aid
in maintaining good housekeeping practices, adequate cleaning, adequate
inspection of animals, and for the well-being of the animals.

[32 FR 3273, Feb. 24, 1967, as amended at 63 FR 10498, Mar. 4, 1998]

Sec. 3.6  Primary enclosures.

    Primary enclosures for dogs and cats must meet the following minimum
requirements:
    (a) General requirements.
    (1) Primary enclosures must be designed and constructed of suitable
materials so that they are structurally sound. The primary enclosures
must be kept in good repair.
    (2) Primary enclosures must be constructed and maintained so that
they:
    (i) Have no sharp points or edges that could injure the dogs and
cats;
    (ii) Protect the dogs and cats from injury;
    (iii) Contain the dogs and cats securely;
    (iv) Keep other animals from entering the enclosure;
    (v) Enable the dogs and cats to remain dry and clean;
    (vi) Provide shelter and protection from extreme temperatures and
weather conditions that may be uncomfortable or hazardous to all the
dogs and cats;
    (vii) Provide sufficient shade to shelter all the dogs and cats
housed in the primary enclosure at one time;
    (viii) Provide all the dogs and cats with easy and convenient access
to clean food and water;
    (ix) Enable all surfaces in contact with the dogs and cats to be
readily cleaned and sanitized in accordance with Sec. 3.11(b) of this
subpart, or be replaceable when worn or soiled;
    (x) Have floors that are constructed in a manner that protects the
dogs' and cats' feet and legs from injury, and that, if of mesh or
slatted construction, do not allow the dogs' and cats' feet to pass
through any openings in the floor;
    (xi) Provide sufficient space to allow each dog and cat to turn
about freely, to stand, sit, and lie in a comfortable, normal position,
and to walk in a normal manner; and
    (xii) Primary enclosures constructed on or after February 20, 1998
and floors replaced on or after that date, must comply with the
requirements in this paragraph (a)(2). On or after January 21, 2000, all
primary enclosures must be in compliance with the requirements in this
paragraph (a)(2). If the suspended floor of a primary enclosure is
constructed of metal strands, the strands must either be greater than
\1/8\ of an inch in diameter (9 gauge) or coated with a material such as
plastic or fiberglass. The suspended floor of any primary enclosure must
be strong enough so that the floor does not sag or bend between the
structural supports.
    (b) Additional requirements for cats.
    (1) Space. Each cat, including weaned kittens, that is housed in any
primary enclosure must be provided minimum vertical space and floor
space as follows:
    (i) Prior to February 15, 1994 each cat housed in any primary
enclosure shall be provided a minimum of 2\1/2\ square feet of floor
space;
    (ii) On and after February 15, 1994:
    (A) Each primary enclosure housing cats must be at least 24 in. high
(60.96 cm);
    (B) Cats up to and including 8.8 lbs (4 kg) must be provided with at
least 3.0 ft\2\ (0.28 m\2\);
    (C) Cats over 8.8 lbs (4 kg) must be provided with at least 4.0
ft\2\ (0.37 m\2\);
    (iii) Each queen with nursing kittens must be provided with an
additional amount of floor space, based on her

[[Page 49]]

breed and behavioral characteristics, and in accordance with generally
accepted husbandry practices. If the additional amount of floor space
for each nursing kitten is equivalent to less than 5 percent of the
minimum requirement for the queen, such housing must be approved by the
attending veterinarian in the case of a research facility, and, in the
case of dealers and exhibitors, such housing must be approved by the
Administrator; and
    (iv) The minimum floor space required by this section is exclusive
of any food or water pans. The litter pan may be considered part of the
floor space if properly cleaned and sanitized.
    (2) Compatibility. All cats housed in the same primary enclosure
must be compatible, as determined by observation. Not more than 12 adult
nonconditioned cats may be housed in the same primary enclosure. Queens
in heat may not be housed in the same primary enclosure with sexually
mature males, except for breeding. Except when maintained in breeding
colonies, queens with litters may not be housed in the same primary
enclosure with other adult cats, and kittens under 4 months of age may
not be housed in the same primary enclosure with adult cats, other than
the dam or foster dam. Cats with a vicious or aggressive disposition
must be housed separately.
    (3) Litter. In all primary enclosures, a receptacle containing
sufficient clean litter must be provided to contain excreta and body
wastes.
    (4) Resting surfaces. Each primary enclosure housing cats must
contain a resting surface or surfaces that, in the aggregate, are large
enough to hold all the occupants of the primary enclosure at the same
time comfortably. The resting surfaces must be elevated, impervious to
moisture, and be able to be easily cleaned and sanitized, or easily
replaced when soiled or worn. Low resting surfaces that do not allow the
space under them to be comfortably occupied by the animal will be
counted as part of the floor space.
    (5) Cats in mobile or traveling shows or acts. Cats that are part of
a mobile or traveling show or act may be kept, while the show or act is
traveling from one temporary location to another, in transport
containers that comply with all requirements of Sec. 3.14 of this
subpart other than the marking requirements in Sec. 3.14(a)(6) of this
subpart. When the show or act is not traveling, the cats must be placed
in primary enclosures that meet the minimum requirements of this
section.
    (c) Additional requirements for dogs--(1) Space. (i) Each dog housed
in a primary enclosure (including weaned puppies) must be provided a
minimum amount of floor space, calculated as follows: Find the
mathematical square of the sum of the length of the dog in inches
(measured from the tip of its nose to the base of its tail) plus 6
inches; then divide the product by 144. The calculation is: (length of
dog in inches + 6)  x  (length of dog in inches + 6) = required floor
space in square inches. Required floor space in inches/144 = required
floor space in square feet.
    (ii) Each bitch with nursing puppies must be provided with an
additional amount of floor space, based on her breed and behavioral
characteristics, and in accordance with generally accepted husbandry
practices as determined by the attending veterinarian. If the additional
amount of floor space for each nursing puppy is less than 5 percent of
the minimum requirement for the bitch, such housing must be approved by
the attending veterinarian in the case of a research facility, and, in
the case of dealers and exhibitors, such housing must be approved by the
Administrator.
    (iii) The interior height of a primary enclosure must be at least 6
inches higher than the head of the tallest dog in the enclosure when it
is in a normal standing position: Provided That, prior to February 15,
1994, each dog must be able to stand in a comfortable normal position.
    (2) Compatibility. All dogs housed in the same primary enclosure
must be compatible, as determined by observation. Not more than 12 adult
nonconditioned dogs may be housed in the same primary enclosure. Bitches
in heat may not be housed in the same primary enclosure with sexually
mature males, except for breeding. Except when maintained in breeding
colonies, bitches with litters may not be housed in the same primary
enclosure with other

[[Page 50]]

adult dogs, and puppies under 4 months of age may not be housed in the
same primary enclosure with adult dogs, other than the dam or foster
dam. Dogs with a vicious or aggressive disposition must be housed
separately.
    (3) Dogs in mobile or traveling shows or acts. Dogs that are part of
a mobile or traveling show or act may be kept, while the show or act is
traveling from one temporary location to another, in transport
containers that comply with all requirements of Sec. 3.14 of this
subpart other than the marking requirements in Sec. 3.14(a)(6) of this
subpart. When the show or act is not traveling, the dogs must be placed
in primary enclosures that meet the minimum requirements of this
section.
    (4) Prohibited means of primary enclosure. Permanent tethering of
dogs is prohibited for use as primary enclosure. Temporary tethering of
dogs is prohibited for use as primary enclosure unless approval is
obtained from APHIS.
    (d) Innovative primary enclosures not precisely meeting the floor
area and height requirements provided in paragraphs (b)(1) and (c)(1) of
this section, but that provide the dogs or cats with a sufficient volume
of space and the opportunity to express species-typical behavior, may be
used at research facilities when approved by the Committee, and by
dealers and exhibitors when approved by the Administrator.

(Approved by the Office of Management and Budget under control number
0579-0093)

[56 FR 6486, Feb. 15, 1991, as amended at 62 FR 43275, Aug. 13, 1997; 63
FR 3023, Jan. 21, 1998; 63 FR 37482, July 13, 1998]

                  Animal Health and Husbandry Standards

Sec. 3.7  Compatible grouping.

    Dogs and cats that are housed in the same primary enclosure must be
compatible, with the following restrictions:
    (a) Females in heat (estrus) may not be housed in the same primary
enclosure with males, except for breeding purposes;
    (b) Any dog or cat exhibiting a vicious or overly aggressive
disposition must be housed separately;
    (c) Puppies or kittens 4 months of age or less may not be housed in
the same primary enclosure with adult dogs or cats other than their dams
or foster dams, except when permanently maintained in breeding colonies;
    (d) Dogs or cats may not be housed in the same primary enclosure
with any other species of animals, unless they are compatible; and
    (e) Dogs and cats that have or are suspected of having a contagious
disease must be isolated from healthy animals in the colony, as directed
by the attending veterinarian. When an entire group or room of dogs and
cats is known to have or believed to be exposed to an infectious agent,
the group may be kept intact during the process of diagnosis, treatment,
and control.

Sec. 3.8  Exercise for dogs.

    Dealers, exhibitors, and research facilities must develop, document,
and follow an appropriate plan to provide dogs with the opportunity for
exercise. In addition, the plan must be approved by the attending
veterinarian. The plan must include written standard procedures to be
followed in providing the opportunity for exercise. The plan must be
made available to APHIS upon request, and, in the case of research
facilities, to officials of any pertinent funding Federal agency. The
plan, at a minimum, must comply with each of the following:
    (a) Dogs housed individually. Dogs over 12 weeks of age, except
bitches with litters, housed, held, or maintained by any dealer,
exhibitor, or research facility, including Federal research facilities,
must be provided the opportunity for exercise regularly if they are kept
individually in cages, pens, or runs that provide less than two times
the required floor space for that dog, as indicated by Sec. 3.6(c)(1) of
this subpart.
    (b) Dogs housed in groups. Dogs over 12 weeks of age housed, held,
or maintained in groups by any dealer, exhibitor, or research facility,
including Federal research facilities, do not require additional
opportunity for exercise regularly if they are maintained in cages,
pens, or runs that provide in total at least 100 percent of the required
space for each dog if maintained separately. Such animals may be
maintained in compatible groups, unless:

[[Page 51]]

    (1) Housing in compatible groups is not in accordance with a
research proposal and the proposal has been approved by the research
facility Committee;
    (2) In the opinion of the attending veterinarian, such housing would
adversely affect the health or well-being of the dog(s); or
    (3) Any dog exhibits aggressive or vicious behavior.
    (c) Methods and period of providing exercise opportunity. (1) The
frequency, method, and duration of the opportunity for exercise shall be
determined by the attending veterinarian and, at research facilities, in
consultation with and approval by the Committee.
    (2) Dealers, exhibitors, and research facilities, in developing
their plan, should consider providing positive physical contact with
humans that encourages exercise through play or other similar
activities. If a dog is housed, held, or maintained at a facility
without sensory contact with another dog, it must be provided with
positive physical contact with humans at least daily.
    (3) The opportunity for exercise may be provided in a number of
ways, such as:
    (i) Group housing in cages, pens or runs that provide at least 100
percent of the required space for each dog if maintained separately
under the minimum floor space requirements of Sec. 3.6(c)(1) of this
subpart;
    (ii) Maintaining individually housed dogs in cages, pens, or runs
that provide at least twice the minimum floor space required by
Sec. 3.6(c)(1) of this subpart;
    (iii) Providing access to a run or open area at the frequency and
duration prescribed by the attending veterinarian; or
    (iv) Other similar activities.
    (4) Forced exercise methods or devices such as swimming, treadmills,
or carousel-type devices are unacceptable for meeting the exercise
requirements of this section.
    (d) Exemptions. (1) If, in the opinion of the attending
veterinarian, it is inappropriate for certain dogs to exercise because
of their health, condition, or well-being, the dealer, exhibitor, or
research facility may be exempted from meeting the requirements of this
section for those dogs. Such exemption must be documented by the
attending veterinarian and, unless the basis for exemption is a
permanent condition, must be reviewed at least every 30 days by the
attending veterinarian.
    (2) A research facility may be exempted from the requirements of
this section if the principal investigator determines for scientific
reasons set forth in the research proposal that it is inappropriate for
certain dogs to exercise. Such exemption must be documented in the
Committee-approved proposal and must be reviewed at appropriate
intervals as determined by the Committee, but not less than annually.
    (3) Records of any exemptions must be maintained and made available
to USDA officials or any pertinent funding Federal agency upon request.

(Approved by the Office of Management and Budget under control number
0579-0093)

Sec. 3.9  Feeding.

    (a) Dogs and cats must be fed at least once each day, except as
otherwise might be required to provide adequate veterinary care. The
food must be uncontaminated, wholesome, palatable, and of sufficient
quantity and nutritive value to maintain the normal condition and weight
of the animal. The diet must be appropriate for the individual animal's
age and condition.
    (b) Food receptacles must be used for dogs and cats, must be readily
accessible to all dogs and cats, and must be located so as to minimize
contamination by excreta and pests, and be protected from rain and snow.
Feeding pans must either be made of a durable material that can be
easily cleaned and sanitized or be disposable. If the food receptacles
are not disposable, they must be kept clean and must be sanitized in
accordance with Sec. 3.11(b) of this subpart. Sanitization is achieved
by using one of the methods described in Sec. 3.11(b)(3) of this
subpart. If the food receptacles are disposable, they must be discarded
after one use. Self-feeders may be used for the feeding of dry food. If
self-feeders are used, they must be kept clean and must be sanitized in
accordance with Sec. 3.11(b) of this subpart. Measures must be taken to
ensure that

[[Page 52]]

there is no molding, deterioration, and caking of feed.

Sec. 3.10  Watering.

    If potable water is not continually available to the dogs and cats,
it must be offered to the dogs and cats as often as necessary to ensure
their health and well-being, but not less than twice daily for at least
1 hour each time, unless restricted by the attending veterinarian. Water
receptacles must be kept clean and sanitized in accordance with
Sec. 3.11(b) of this subpart, and before being used to water a different
dog or cat or social grouping of dogs or cats.

Sec. 3.11  Cleaning, sanitization, housekeeping, and pest control.

    (a) Cleaning of primary enclosures. Excreta and food waste must be
removed from primary enclosures daily, and from under primary enclosures
as often as necessary to prevent an excessive accumulation of feces and
food waste, to prevent soiling of the dogs or cats contained in the
primary enclosures, and to reduce disease hazards, insects, pests and
odors. When steam or water is used to clean the primary enclosure,
whether by hosing, flushing, or other methods, dogs and cats must be
removed, unless the enclosure is large enough to ensure the animals
would not be harmed, wetted, or distressed in the process. Standing
water must be removed from the primary enclosure and animals in other
primary enclosures must be protected from being contaminated with water
and other wastes during the cleaning. The pans under primary enclosures
with grill-type floors and the ground areas under raised runs with mesh
or slatted floors must be cleaned as often as necessary to prevent
accumulation of feces and food waste and to reduce disease hazards
pests, insects and odors.
    (b) Sanitization of primary enclosures and food and water
receptacles. (1) Used primary enclosures and food and water receptacles
must be cleaned and sanitized in accordance with this section before
they can be used to house, feed, or water another dog or cat, or social
grouping of dogs or cats.
    (2) Used primary enclosures and food and water receptacles for dogs
and cats must be sanitized at least once every 2 weeks using one of the
methods prescribed in paragraph (b)(3) of this section, and more often
if necessary to prevent an accumulation of dirt, debris, food waste,
excreta, and other disease hazards.
    (3) Hard surfaces of primary enclosures and food and water
receptacles must be sanitized using one of the following methods:
    (i) Live steam under pressure;
    (ii) Washing with hot water (at least 180  deg.F (82.2  deg.C)) and
soap or detergent, as with a mechanical cage washer; or
    (iii) Washing all soiled surfaces with appropriate detergent
solutions and disinfectants, or by using a combination detergent/
disinfectant product that accomplishes the same purpose, with a thorough
cleaning of the surfaces to remove organic material, so as to remove all
organic material and mineral buildup, and to provide sanitization
followed by a clean water rinse.
    (4) Pens, runs, and outdoor housing areas using material that cannot
be sanitized using the methods provided in paragraph (b)(3) of this
section, such as gravel, sand, grass, earth, or absorbent bedding, must
be sanitized by removing the contaminated material as necessary to
prevent odors, diseases, pests, insects, and vermin infestation.
    (c) Housekeeping for premises. Premises where housing facilities are
located, including buildings and surrounding grounds, must be kept clean
and in good repair to protect the animals from injury, to facilitate the
husbandry practices required in this subpart, and to reduce or eliminate
breeding and living areas for rodents and other pests and vermin.
Premises must be kept free of accumulations of trash, junk, waste
products, and discarded matter. Weeds, grasses, and bushes must be
controlled so as to facilitate cleaning of the premises and pest
control, and to protect the health and well-being of the animals.
    (d) Pest control. An effective program for the control of insects,
external parasites affecting dogs and cats, and birds and mammals that
are pests, must be established and maintained so as to promote the
health and well-

[[Page 53]]

being of the animals and reduce contamination by pests in animal areas.

[56 FR 6486, Feb. 15, 1991, as amended at 63 FR 3023, Jan. 21, 1998]

Sec. 3.12  Employees.

    Each person subject to the Animal Welfare regulations (9 CFR parts
1, 2, and 3) maintaining dogs and cats must have enough employees to
carry out the level of husbandry practices and care required in this
subpart. The employees who provide for husbandry and care, or handle
animals, must be supervised by an individual who has the knowledge,
background, and experience in proper husbandry and care of dogs and cats
to supervise others. The employer must be certain that the supervisor
and other employees can perform to these standards.

                        Transportation Standards

Sec. 3.13  Consignments to carriers and intermediate handlers.

    (a) Carriers and intermediate handlers must not accept a dog or cat
for transport in commerce more than 4 hours before the scheduled
departure time of the primary conveyance on which the animal is to be
transported. However, a carrier or intermediate handler may agree with
anyone consigning a dog or cat to extend this time by up to 2 hours.
    (b) Carriers and intermediate handlers must not accept a dog or cat
for transport in commerce unless they are provided with the name,
address, and telephone number of the consignee.
    (c) Carriers and intermediate handlers must not accept a dog or cat
for transport in commerce unless the consignor certifies in writing to
the carrier or intermediate handler that the dog or cat was offered food
and water during the 4 hours before delivery to the carrier or
intermediate handler. The certification must be securely attached to the
outside of the primary enclosure in a manner that makes it easily
noticed and read. Instructions for no food or water are not acceptable
unless directed by the attending veterinarian. Instructions must be in
compliance with Sec. 3.16 of this subpart. The certification must
include the following information for each dog and cat:
    (1) The consignor's name and address;
    (2) The tag number or tattoo assigned to each dog or cat under
Secs. 2.38 and 2.50 of this chapter;
    (3) The time and date the animal was last fed and watered and the
specific instructions for the next feeding(s) and watering(s) for a 24-
hour period; and
    (4) The consignor's signature and the date and time the
certification was signed.
    (d) Carriers and intermediate handlers must not accept a dog or cat
for transport in commerce in a primary enclosure unless the primary
enclosure meets the requirements of Sec. 3.14 of this subpart. A carrier
or intermediate handler must not accept a dog or cat for transport if
the primary enclosure is obviously defective or damaged and cannot
reasonably be expected to safely and comfortably contain the dog or cat
without causing suffering or injury.
    (e) Carriers and intermediate handlers must not accept a dog or cat
for transport in commerce unless their animal holding area meets the
minimum temperature requirements provided in Secs. 3.18 and 3.19 of this
subpart, or unless the consignor provides them with a certificate signed
by a veterinarian and dated no more than 10 days before delivery of the
animal to the carrier or intermediate handler for transport in commerce,
certifying that the animal is acclimated to temperatures lower than
those required in Secs. 3.18 and 3.19 of this subpart. Even if the
carrier or intermediate handler receives this certification, the
temperatures the dog or cat is exposed to while in a terminal facility
must not be lower than 45  deg.F (2.2  deg.C) for more than 4
consecutive hours when dogs or cats are present, as set forth in
Sec. 3.18, nor lower than 45  deg.F (2.2  deg.C) for more than 45
minutes, as set forth in Sec. 3.19, when moving dogs or cats to or from
terminal facilities or primary conveyances. A copy of the certification
must accompany the dog or cat to its destination and must include the
following information:
    (1) The consignor's name and address;
    (2) The tag number or tattoo assigned to each dog or cat under
Secs. 2.38 and 2.50 of this chapter;

[[Page 54]]

    (3) A statement by a veterinarian, dated no more than 10 days before
delivery, that to the best of his or her knowledge, each of the dogs or
cats contained in the primary enclosure is acclimated to air
temperatures lower than 50  deg.F (10  deg.C); but not lower than a
minimum temperature, specified on a certificate, that the attending
veterinarian has determined is based on generally accepted temperature
standards for the age, condition, and breed of the dog or cat; and
    (4) The signature of the veterinarian and the date the certification
was signed.
    (f) When a primary enclosure containing a dog or cat has arrived at
the animal holding area at a terminal facility after transport, the
carrier or intermediate handler must attempt to notify the consignee
upon arrival and at least once in every 6-hour period thereafter. The
time, date, and method of all attempted notifications and the actual
notification of the consignee, and the name of the person who notifies
or attempts to notify the consignee must be written either on the
carrier's or intermediate handler's copy of the shipping document or on
the copy that accompanies the primary enclosure. If the consignee cannot
be notified within 24 hours after the dog or cat has arrived at the
terminal facility, the carrier or intermediate handler must return the
animal to the consignor or to whomever the consignor designates. If the
consignee is notified of the arrival and does not accept delivery of the
dog or cat within 48 hours after arrival of the dog or cat, the carrier
or intermediate handler must return the animal to the consignor or to
whomever the consignor designates. The carrier or intermediate handler
must continue to provide proper care, feeding, and housing to the dog or
cat, and maintain the dog or cat in accordance with generally accepted
professional and husbandry practices until the consignee accepts
delivery of the dog or cat or until it is returned to the consignor or
to whomever the consignor designates. The carrier or intermediate
handler must obligate the consignor to reimburse the carrier or
intermediate handler for the cost of return transportation and care.

(Approved by the Office of Management and Budget under control number
0579-0093)

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

    Any person subject to the Animal Welfare regulations (9 CFR parts 1,
2, and 3) must not transport or deliver for transport in commerce a dog
or cat unless the following requirements are met:
    (a) Construction of primary enclosures. The dog or cat must be
contained in a primary enclosure such as a compartment, transport cage,
carton, or crate. Primary enclosures used to transport dogs and cats
must be constructed so that:
    (1) The primary enclosure is strong enough to contain the dogs and
cats securely and comfortably and to withstand the normal rigors of
transportation;
    (2) The interior of the primary enclosure has no sharp points or
edges and no protrusions that could injure the animal contained in it;
    (3) The dog or cat is at all times securely contained within the
enclosure and cannot put any part of its body outside the enclosure in a
way that could result in injury to itself, to handlers, or to persons or
animals nearby;
    (4) The dog or cat can be easily and quickly removed from the
enclosure in an emergency;
    (5) Unless the enclosure is permanently affixed to the conveyance,
adequate devices such as handles or handholds are provided on its
exterior, and enable the enclosure to be lifted without tilting it, and
ensure that anyone handling the enclosure will not come into physical
contact with the animal contained inside;
    (6) Unless the enclosure is permanently affixed to the conveyance,
it is clearly marked on top and on one or more sides with the words
``Live Animals,'' in letters at least 1 inch (2.5 cm.) high, and with
arrows or other markings to indicate the correct upright position of the
primary enclosure;
    (7) Any material, treatment, paint, preservative, or other chemical
used in or on the enclosure is nontoxic to the

[[Page 55]]

animal and not harmful to the health or well-being of the animal;
    (8) Proper ventilation is provided to the animal in accordance with
paragraph (c) of this section; and
    (9) The primary enclosure has a solid, leak-proof bottom or a
removable, leak-proof collection tray under a slatted or mesh floor that
prevents seepage of waste products, such as excreta and body fluids,
outside of the enclosure. If a slatted or mesh floor is used in the
enclosure, it must be designed and constructed so that the animal cannot
put any part of its body between the slats or through the holes in the
mesh. Unless the dogs and cats are on raised slatted floors or raised
floors made of mesh, the primary enclosure must contain enough
previously unused litter to absorb and cover excreta. The litter must be
of a suitably absorbent material that is safe and nontoxic to the dogs
and cats.
    (b) Cleaning of primary enclosures. A primary enclosure used to hold
or transport dogs or cats in commerce must be cleaned and sanitized
before each use in accordance with the methods provided in
Sec. 3.11(b)(3) of this subpart. If the dogs or cats are in transit for
more than 24 hours, the enclosures must be cleaned and any litter
replaced, or other methods, such as moving the animals to another
enclosure, must be utilized to prevent the soiling of the dogs or cats
by body wastes. If it becomes necessary to remove the dog or cat from
the enclosure in order to clean, or to move the dog or cat to another
enclosure, this procedure must be completed in a way that safeguards the
dog or cat from injury and prevents escape.
    (c) Ventilation. (1) Unless the primary enclosure is permanently
affixed to the conveyance, there must be:
    (i) Ventilation openings located on two opposing walls of the
primary enclosure and the openings must be at least 16 percent of the
surface area of each such wall, and the total combined surface area of
the ventilation openings must be at least 14 percent of the total
combined surface area of all the walls of the primary enclosure; or
    (ii) Ventilation openings on three walls of the primary enclosure,
and the openings on each of the two opposing walls must be at least 8
percent of the total surface area of the two walls, and the ventilation
openings on the third wall of the primary enclosure must be at least 50
percent of the total surface area of that wall, and the total combined
surface area of the ventilation openings must be at least 14 percent of
the total combined surface area of all the walls of the primary
enclosure; or
    (iii) Ventilation openings located on all four walls of the primary
enclosure and the ventilation openings on each of the four walls must be
at least 8 percent of the total surface area of each such wall, and the
total combined surface area of the openings must be at least 14 percent
of total combined surface area of all the walls of the primary
enclosure; and
    (iv) At least one-third of the ventilation area must be located on
the upper half of the primary enclosure.
    (2) Unless the primary enclosure is permanently affixed to the
conveyance, projecting rims or similar devices must be located on the
exterior of each enclosure wall having a ventilation opening, in order
to prevent obstruction of the openings. The projecting rims or similar
devices must be large enough to provide a minimum air circulation space
of 0.75 in. (1.9 cm) between the primary enclosure and anything the
enclosure is placed against.
    (3) If a primary enclosure is permanently affixed to the primary
conveyance so that there is only a front ventilation opening for the
enclosure, the primary enclosure must be affixed to the primary
conveyance in such a way that the front ventilation opening cannot be
blocked, and the front ventilation opening must open directly to an
unobstructed aisle or passageway inside the conveyance. The ventilation
opening must be at least 90 percent of the total area of the front wall
of the enclosure, and must be covered with bars, wire mesh, or smooth
expanded metal having air spaces.
    (d) Compatibility. (1) Live dogs or cats transported in the same
primary enclosure must be of the same species and be maintained in
compatible groups, except that dogs and cats that are private pets, are
of comparable size, and are compatible, may be transported in the same
primary enclosure.

[[Page 56]]

    (2) Puppies or kittens 4 months of age or less may not be
transported in the same primary enclosure with adult dogs or cats other
than their dams.
    (3) Dogs or cats that are overly aggressive or exhibit a vicious
disposition must be transported individually in a primary enclosure.
    (4) Any female dog or cat in heat (estrus) may not be transported in
the same primary enclosure with any male dog or cat.
    (e) Space and placement. (1) Primary enclosures used to transport
live dogs and cats must be large enough to ensure that each animal
contained in the primary enclosure has enough space to turn about
normally while standing, to stand and sit erect, and to lie in a natural
position.
    (2) Primary enclosures used to transport dogs and cats must be
positioned in the primary conveyance so as to provide protection from
the elements.
    (f) Transportation by air. (1) No more than one live dog or cat, 6
months of age or older, may be transported in the same primary enclosure
when shipped via air carrier.
    (2) No more than one live puppy, 8 weeks to 6 months of age, and
weighing over 20 lbs (9 kg), may be transported in a primary enclosure
when shipped via air carrier.
    (3) No more than two live puppies or kittens, 8 weeks to 6 months of
age, that are of comparable size, and weighing 20 lbs (9 kg) or less
each, may be transported in the same primary enclosure when shipped via
air carrier.
    (4) Weaned live puppies or kittens less than 8 weeks of age and of
comparable size, or puppies or kittens that are less than 8 weeks of age
that are littermates and are accompanied by their dam, may be
transported in the same primary enclosure when shipped to research
facilities, including Federal research facilities.
    (g) Transportation by surface vehicle or privately owned aircraft.
(1) No more than four live dogs or cats, 8 weeks of age or older, that
are of comparable size, may be transported in the same primary enclosure
when shipped by surface vehicle (including ground and water
transportation) or privately owned aircraft, and only if all other
requirements of this section are met.
    (2) Weaned live puppies or kittens less than 8 weeks of age and of
comparable size, or puppies or kittens that are less than 8 weeks of age
that are littermates and are accompanied by their dam, may be
transported in the same primary enclosure when shipped to research
facilities, including Federal research facilities, and only if all other
requirements in this section are met.
    (h) Accompanying documents and records. Shipping documents that must
accompany shipments of dogs and cats may be held by the operator of the
primary conveyance, for surface transportation only, or must be securely
attached in a readily accessible manner to the outside of any primary
enclosure that is part of the shipment, in a manner that allows them to
be detached for examination and securely reattached, such as in a pocket
or sleeve. Instructions for administration of drugs, medication, and
other special care must be attached to each primary enclosure in a
manner that makes them easy to notice, to detach for examination, and to
reattach securely. Food and water instructions must be attached in
accordance with Sec. 3.13(c).

(Approved by the Office of Management and Budget under control number
0579-0093)

[56 FR 6486, Feb. 15, 1991, as amended at 63 FR 3023, Jan. 21, 1998]

Sec. 3.15  Primary conveyances (motor vehicle, rail, air, and marine).

    (a) The animal cargo space of primary conveyances used to transport
dogs and cats must be designed, constructed, and maintained in a manner
that at all times protects the health and well-being of the animals
transported in them, ensures their safety and comfort, and prevents the
entry of engine exhaust from the primary conveyance during
transportation.
    (b) The animal cargo space must have a supply of air that is
sufficient for the normal breathing of all the animals being transported
in it.
    (c) Each primary enclosure containing dogs or cats must be
positioned in the animal cargo space in a manner that provides
protection from the elements and that allows each dog or cat enough air
for normal breathing.
    (d) During air transportation, dogs and cats must be held in cargo
areas

[[Page 57]]

that are heated or cooled as necessary to maintain an ambient
temperature and humidity that ensures the health and well-being of the
dogs or cats. The cargo areas must be pressurized when the primary
conveyance used for air transportation is not on the ground, unless
flying under 8,000 ft. Dogs and cats must have adequate air for
breathing at all times when being transported.
    (e) During surface transportation, auxiliary ventilation, such as
fans, blowers or air conditioning, must be used in any animal cargo
space containing live dogs or cats when the ambient temperature within
the animal cargo space reaches 85  deg.F (29.5  deg.C). Moreover, the
ambient temperature may not exceed 85  deg.F (29.5  deg.C) for a period
of more than 4 hours; nor fall below 45  deg.F (7.2  deg.C) for a period
of more than 4 hours. The preceding requirements are in addition to, not
in place of, all other requirements pertaining to climatic conditions in
parts 2 and 3 of this chapter.
    (f) Primary enclosures must be positioned in the primary conveyance
in a manner that allows the dogs and cats to be quickly and easily
removed from the primary conveyance in an emergency.
    (g) The interior of the animal cargo space must be kept clean.
    (h) Live dogs and cats may not be transported with any material,
substance (e.g., dry ice) or device in a manner that may reasonably be
expected to harm the dogs and cats or cause inhumane conditions.

[56 FR 6486, Feb. 15, 1991, as amended at 63 FR 10498, 10499, Mar. 4,
1998]

Sec. 3.16  Food and water requirements.

    (a) Each dog and cat that is 16 weeks of age or more must be offered
food at least once every 24 hours. Puppies and kittens less than 16
weeks of age must be offered food at least once every 12 hours. Each dog
and cat must be offered potable water at least once every 12 hours.
These time periods apply to dealers, exhibitors, research facilities.
including Federal research facilities, who transport dogs and cats in
their own primary conveyance, starting from the time the dog or cat was
last offered food and potable water before transportation was begun.
These time periods apply to carriers and intermediate handlers starting
from the date and time stated on the certificate provided under
Sec. 3.13(c) of this subpart. Each dog and cat must be offered food and
potable water within 4 hours before being transported in commerce.
Consignors who are subject to the Animal Welfare regulations (9 CFR
parts 1, 2, and 3) must certify that each dog and cat was offered food
and potable water within the 4 hours preceding delivery of the dog or
cat to a carrier or intermediate handler for transportation in commerce,
and must certify the date and time the food and potable water was
offered, in accordance with Sec. 3.13(c) of this subpart.
    (b) Any dealer, research facility, including a Federal research
facility, or exhibitor offering any dog or cat to a carrier or
intermediate handler for transportation in commerce must securely attach
to the outside of the primary enclosure used for transporting the dog or
cat, written instructions for the in-transit food and water requirements
for a 24-hour period for the dogs and cats contained in the enclosure.
The instructions must be attached in a manner that makes them easily
noticed and read.
    (c) Food and water receptacles must be securely attached inside the
primary enclosure and placed so that the receptacles can be filled from
outside the enclosure without opening the door. Food and water
containers must be designed, constructed, and installed so that a dog or
cat cannot leave the primary enclosure through the food or water
opening.

(Approved by the Office of Management and Budget under control number
0579-0093)

Sec. 3.17  Care in transit.

    (a) Surface transportation (ground and water). Any person subject to
the Animal Welfare regulations transporting dogs or cats in commerce
must ensure that the operator of the conveyance, or a person
accompanying the operator, observes the dogs or cats as often as
circumstances allow, but not less than once every 4 hours, to make sure
they have sufficient air for normal breathing, that the ambient
temperature is within the limits provided in Sec. 3.15(e),

[[Page 58]]

and that all applicable standards of this subpart are being complied
with. The regulated person must ensure that the operator or person
accompanying the operator determines whether any of the dogs or cats are
in obvious physical distress and obtains any veterinary care needed for
the dogs or cats at the closest available veterinary facility.
    (b) Air transportation. During air transportation of dogs or cats,
it is the responsibility of the carrier to observe the dogs or cats as
frequently as circumstances allow, but not less than once every 4 hours
if the animal cargo area is accessible during flight. If the animal
cargo area is not accessible during flight, the carrier must observe the
dogs or cats whenever they are loaded and unloaded and whenever the
animal cargo space is otherwise accessible to make sure they have
sufficient air for normal breathing, that the animal cargo area meets
the heating and cooling requirements of Sec. 3.15(d), and that all other
applicable standards of this subpart are being complied with. The
carrier must determine whether any of the dogs or cats are in obvious
physical distress, and arrange for any needed veterinary care as soon as
possible.
    (c) If a dog or cat is obviously ill, injured, or in physical
distress, it must not be transported in commerce, except to receive
veterinary care for the condition.
    (d) Except during the cleaning of primary enclosures, as required in
Sec. 3.14(b) of this subpart, during transportation in commerce a dog or
cat must not be removed from its primary enclosure, unless it is placed
in another primary enclosure or facility that meets the requirements of
Sec. 3.6 or Sec. 3.14 of this subpart.
    (e) The transportation regulations contained in this subpart must be
complied with until a consignee takes physical delivery of the dog or
cat if the animal is consigned for transportation, or until the animal
is returned to the consignor.

Sec. 3.18  Terminal facilities.

    (a) Placement. Any person subject to the Animal Welfare regulations
(9 CFR parts 1, 2, and 3) must not commingle shipments of dogs or cats
with inanimate cargo in animal holding areas of terminal facilities.
    (b) Cleaning, sanitization, and pest control. All animal holding
areas of terminal facilities must be cleaned and sanitized in a manner
prescribed in Sec. 3.11(b)(3) of this subpart, as often as necessary to
prevent an accumulation of debris or excreta and to minimize vermin
infestation and disease hazards. Terminal facilities must follow an
effective program in all animal holding areas for the control of
insects, ectoparasites, and birds and mammals that are pests to dogs and
cats.
    (c) Ventilation. Ventilation must be provided in any animal holding
area in a terminal facility containing dogs or cats, by means of
windows, doors, vents, or air conditioning. The air must be circulated
by fans, blowers, or air conditioning so as to minimize drafts, odors,
and moisture condensation. Auxiliary ventilation, such as exhaust fans,
vents, fans, blowers, or air conditioning must be used in any animal
holding area containing dogs and cats, when the ambient temperature is
85  deg.F (29.5  deg.C) or higher
    (d) Temperature. The ambient temperature in an animal holding area
containing dogs or cats must not fall below 45  deg.F (7.2  deg.C) or
rise above 85  deg.F (29.5  deg.C) for more than four consecutive hours
at any time dogs or cats are present. The ambient temperature must be
measured in the animal holding area by the carrier, intermediate
handler, or a person transporting dogs or cats who is subject to the
Animal Welfare regulations (9 CFR parts 1, 2, and 3), outside any
primary enclosure containing a dog or cat at a point not more than 3
feet (0.91 m) away from an outside wall of the primary enclosure, and
approximately midway up the side of the enclosure. The preceding
requirements are in addition to, not in place of, all other requirements
pertaining to climatic conditions in parts 2 and 3 of this chapter.
    (e) Shelter. Any person subject to the Animal Welfare regulations (9
CFR parts 1, 2, and 3) holding a live dog or cat in an animal holding
area of a terminal facility must provide the following:

[[Page 59]]

    (1) Shelter from sunlight and extreme heat. Shade must be provided
that is sufficient to protect the dog or cat from the direct rays of the
sun.
    (2) Shelter from rain or snow. Sufficient protection must be
provided to allow the dogs and cats to remain dry during rain, snow, and
other precipitation.
    (f) Duration. The length of time any person subject to the Animal
Welfare regulations (9 CFR parts 1, 2, and 3) can hold dogs and cats in
animal holding areas of terminal facilities upon arrival is the same as
that provided in Sec. 3.13(f) of this subpart.

[56 FR 6486, Feb. 15, 1991, as amended at 63 FR 10499, Mar. 4, 1998]

Sec. 3.19  Handling.

    (a) Any person subject to the Animal Welfare regulations (9 CFR
parts 1, 2, and 3) who moves (including loading and unloading) dogs or
cats within, to, or from the animal holding area of a terminal facility
or a primary conveyance must do so as quickly and efficiently as
possible and must provide the following during movement of the dog or
cat:
    (1) Shelter from sunlight and extreme heat. Sufficient shade must be
provided to protect the dog or cat from the direct rays of the sun. The
dog or cat must not be exposed to an ambient air temperature above 85
deg.F (29.5  deg.C) for a period of more than 45 minutes while being
moved to or from a primary conveyance or a terminal facility. The
temperature must be measured in the manner provided in Sec. 3.18(d) of
this subpart. The preceding requirements are in addition to, not in
place of, all other requirements pertaining to climatic conditions in
parts 2 and 3 of this chapter.
    (2) Shelter from rain and snow. Sufficient protection must be
provided to allow the dogs and cats to remain dry during rain, snow, and
other precipitation.
    (3) Shelter from cold temperatures. Transporting devices on which
live dogs or cats are placed to move them must be covered to protect the
animals when the outdoor temperature falls below 50  deg.F (10  deg.C).
The dogs or cats must not be exposed to an ambient temperature below 45
deg.F (7.2  deg.C) for a period of more than 45 minutes, unless they are
accompanied by a certificate of acclimation to lower temperatures as
provided in Sec. 3.13(e). The temperature must be measured in the manner
provided in Sec. 3.18(d) of this subpart. The preceding requirements are
in addition to, not in place of, all other requirements pertaining to
climatic conditions in parts 2 and 3 of this chapter.
    (b) Any person handling a primary enclosure containing a dog or cat
must use care and must avoid causing physical harm or distress to the
dog or cat.
    (1) A primary enclosure containing a live dog or cat must not be
placed on unattended conveyor belts, or on elevated conveyor belts, such
as baggage claim conveyor belts and inclined conveyor ramps that lead to
baggage claim areas, at any time; except that a primary enclosure may be
placed on inclined conveyor ramps used to load and unload aircraft if an
attendant is present at each end of the conveyor belt.
    (2) A primary enclosure containing a dog or cat must not be tossed,
dropped, or needlessly tilted, and must not be stacked in a manner that
may reasonably be expected to result in its falling. It must be handled
and positioned in the manner that written instructions and arrows on the
outside of the primary enclosure indicate.
    (c) This section applies to movement of a dog or cat from primary
conveyance to primary conveyance, within a primary conveyance or
terminal facility, and to or from a terminal facility or a primary
conveyance.

(Approved by the Office of Management and Budget under control number
0579-0093)

[56 FR 6486, Feb. 15, 1991, as amended at 63 FR 10499, Mar. 4, 1998]