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US AWA Regs Subpart B

Country of Origin: United States

Agency of Origin: Department of Agriculture, APHIS

National Citation: 9 CFR 3.25

Summary:  

These regulations contain the humane care provisions for guinea pigs and hamsters.



US Animal Welfare Act Regulations Subpart B - Guinea pigs & Hamsters

Subpart B--Specifications for the Humane Handling, Care, Treatment, and
               Transportation of Guinea Pigs and Hamsters

                   Facilities and Operating Standards

Sec. 3.25  Facilities, general.

    (a) Structural strength. Indoor and outdoor housing facilities for
guinea pigs or hamsters shall be structurally sound and shall be
maintained in good

[[Page 60]]

repair, to protect the animals from injury, to contain the animals, and
to restrict the entrance of other animals.
    (b) Water and electric power. Reliable and adequate electric power,
if required to comply with other provisions of this subpart, and
adequate potable water shall be available.
    (c) Storage. Supplies of food and bedding shall be stored in
facilities which adequately protect such supplies against spoilage or
deterioration and infestation or contamination by vermin. Food supplies
shall be stored in containers with tightly fitting lids or covers or in
the original containers as received from the commercial sources of
supply. Refrigeration shall be provided for supplies of perishable food.
    (d) Waste disposal. Provisions shall be made for the removal and
disposal of animal and food wastes, bedding, dead animals, and debris.
Disposal facilities shall be so provided and operated as to minimize
vermin infestation, odors, and disease hazards.
    (e) Washroom and sinks. Facilities, such as washrooms, basins, or
sinks, shall be provided to maintain cleanliness among animal
caretakers.

[32 FR 3273, Feb. 24, 1967, as amended at 44 FR 63492, Nov. 2, 1979]

Sec. 3.26  Facilities, indoor.

    (a) Heating. Indoor housing facilities for guinea pigs or hamsters
shall be sufficiently heated when necessary to protect the animals from
the cold, and to provide for their health and comfort. The ambient
temperature shall not be allowed to fall below 60 deg. F. nor to exceed
85 deg. F.
    (b) Ventilation. Indoor housing facilities for guinea pigs or
hamsters shall be adequately ventilated to provide for the health and
comfort of the animals at all times. Such facilities shall be provided
with fresh air either by means of windows, doors, vents, or air
conditioning, and shall be ventilated so as to minimize drafts, odors,
and moisture condensation. The ambient temperature shall not be allowed
to rise above 85 deg. F.
    (c) Lighting. Indoor housing facilities for guinea pigs or hamsters
shall have ample light, by natural or artificial means, or both, of good
quality and well distributed. Such lighting shall provide uniformly
distributed illumination of sufficient light intensity to permit routine
inspection and cleaning during the entire working period. Primary
enclosures shall be so placed as to protect the guinea pigs or hamsters
from excessive illumination.
    (d) Interior surfaces. The interior building surfaces of indoor
housing facilities shall be constructed and maintained so that they are
substantially impervious to moisture and may be readily sanitized.

Sec. 3.27  Facilities, outdoor.

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

Sec. 3.28  Primary enclosures.

    All primary enclosures for guinea pigs and hamsters shall conform to
the following requirements:
    (a) General. (1) Primary enclosures shall be structurally sound and
maintained in good repair to protect the guinea pigs and hamsters from
injury. Such enclosures, including their racks, shelving and other
accessories, shall be constructed of smooth material substantially
impervious to liquids and moisture.
    (2) Primary enclosures shall be constructed and maintained so that
the guinea pigs or hamsters contained therein have convenient access to
clean food and water as required in this subpart.
    (3) Primary enclosures having a solid floor shall be provided with
clean bedding material.
    (4) Primary enclosures equipped with mesh or wire floors shall be so
constructed as to allow feces to pass through the spaces of the mesh or
wire: Provided, however, That such floors shall be constructed so as to
protect the animals' feet and legs from injury.
    (b) Space requirements for primary enclosures acquired before August
15, 1990.--(1) Guinea pigs and hamsters. Primary enclosures shall be
constructed and maintained so as to provide sufficient

[[Page 61]]

space for each animal contained therein to make normal postural
adjustments with adequate freedom of movement.
    (2) Guinea pigs. In addition to the provisions of paragraph (b)(1)
of this section, the following space requirements are applicable to
primary enclosures for guinea pigs:
    (i) The interior height of any primary enclosure used to confine
guinea pigs shall be at least 6\1/2\ inches.
    (ii) Each guinea pig housed in a primary enclosure shall be provided
a minimum amount of floor space in accordance with the following table:

------------------------------------------------------------------------
                                                                Minimum
                                                               space per
                 Weight or stage of maturity                  guinea pig
                                                                (square
                                                                inches)
------------------------------------------------------------------------
Weaning to 350 grams........................................          60
350 grams or more...........................................          90
Breeders....................................................         180
------------------------------------------------------------------------

    (3) Hamsters. In addition to the provisions of paragraph (b)(1) of
this section, the following space requirements are applicable to primary
enclosures for hamsters:
    (i) The interior height of any primary enclosure used to confine
hamsters shall be at least 5\1/2\ inches, except that in the case of
dwarf hamsters, such interior height shall be at least 5 inches.
    (ii) A nursing female hamster, together with her litter, shall be
housed in a primary enclosure which contains no other hamsters and which
provides at least 121 square inches of floor space: Provided, however,
That in the case of dwarf hamsters such floor space shall be at least 25
square inches.
    (iii) The minimum amount of floor space per individual hamster and
the maximum number of hamsters allowed in a single primary enclosure,
except as provided for nursing females in paragraph (b)(3)(ii) of this
section, shall be in accordance with the following table:

------------------------------------------------------------------------
                                           Minimum space per
                                            hamster (square     Maximum
                   Age                          inches)       population
                                         --------------------     per
                                            Dwarf     Other    enclosure
------------------------------------------------------------------------
Weaning to 5 wks........................       5.0      10.0          20
5 to 10 wks.............................       7.5      12.5          16
10 wks. or more.........................         9      15.0          13
------------------------------------------------------------------------

    (c) Space requirements for primary enclosures acquired on or after
August 15, 1990--(1) Guinea pigs. (i) Primary enclosures shall be
constructed and maintained so as to provide sufficient space for each
guinea pig contained therein to make normal postural adjustments with
adequte freedom of movement.
    (ii) The interior height of any primary enclosure used to confine
guinea pigs shall be at least 7 inches (17.78 cm).
    (iii) Each guinea pig shall be provided a minimum amount of floor
space in any primary enclosure as follows:

------------------------------------------------------------------------
                                                           Minimum floor
                                                               space
               Weight or stage of maturity               ---------------
                                                          in\2\   cm\2\
------------------------------------------------------------------------
Weaning to 350 grams....................................     60   387.12
>350 grams..............................................    101   651.65
Nursing females with their litters......................    101   651.65
------------------------------------------------------------------------

    (2) Hamsters. (i) Primary enclosures shall be constructed and
maintained so as to provide sufficient space for each hamster contained
therein to make normal postural adjustments with adequate freedom of
movement.
    (ii) The interior height of any primary enclosure used to confine
hamsters shall be at least 6 inches (15.24 cm).
    (iii) Except as provided in paragraph (c)(2)(iv) of this section,
each hamster shall be provided a minimum amount of floor space in any
primary enclosure as follows:

------------------------------------------------------------------------
                        Weight                            Minimum floor
-------------------------------------------------------     space per
                                                             hamster
           g                          ozs              -----------------
                                                          in<SUP>2</SUP>      cm<SUP>2</SUP>
------------------------------------------------------------------------
<60                     <2.1                                 10    64.52
60 to 80                2.1-2.8                              13    83.88
80 to 100               2.8-3.5                              16   103.23
>100                    >3.5                                 19   122.59
------------------------------------------------------------------------

    (iv) A nursing female hamster, together with her litter, shall be
housed in a primary enclosure that contains no other hamsters and that
provides at least 121 square inches of floor space: Provided, however,
That in the case of nursing female dwarf hamsters such floor space shall
be at least 25 square inches.
    (3) Innovative primary enclosures that do not precisely meet the
space requirements of paragraph (c)(1) or (c)(2) of this section, but
that do provide guinea pigs or hamsters with a

[[Page 62]]

sufficient volume of space and the opportunity to express species-
typical behavior, may be used at research facilities when approved by
the Institutional Animal Care and Use Committee, and by dealers and
exhibitors when approved by the Administrator.

[32 FR 3273, Feb. 24, 1967, as amended at 55 FR 28882, July 16, 1990]

                  Animal Health and Husbandry Standards

Sec. 3.29  Feeding.

    (a) Guinea pigs and hamsters shall be fed each day except as
otherwise might be required to provide adequate veterinary care. The
food shall be free from contamination, wholesome, palatable and of
sufficient quantity and nutritive value to meet the normal daily
requirements for the condition and size of the guinea pig or hamster.
    (b) Food comprising the basic diet shall be at least equivalent in
quality and content to pelleted rations produced commercially and
commonly available from feed suppliers.
    (c) The basic diet of guinea pigs and hamsters may be supplemented
with good quality fruits or vegetables consistent with their individual
dietary requirements.
    (d) Food receptacles, if used, shall be accessible to all guinea
pigs or hamsters in a primary enclosure and shall be located so as to
minimize contamination by excreta. All food receptacles shall be kept
clean and shall be sanitized at least once every 2 weeks. If self-
feeders are used for the feeding of pelleted feed, measures must be
taken to prevent molding, deterioration or caking of the feed. Hamsters
may be fed pelleted feed on the floor of a primary enclosure.
    (e) Fruit or vegetable food supplements may be placed upon the
bedding within the primary enclosure: Provided, however, That the
uneaten portion of such supplements and any bedding soiled as a result
of such feeding practices shall be removed from the primary enclosure
when such uneaten supplements accumulate or such bedding becomes soiled
to a degree that might be harmful or uncomfortable to animals therein.

Sec. 3.30  Watering.

    Unless food supplements consumed by guinea pigs or hamsters supply
them with their normal water requirements, potable water shall be
provided daily except as might otherwise be required to provide adequate
veterinary care. Open containers used for dispensing water to guinea
pigs or hamsters shall be so placed in or attached to the primary
enclosure as to minimize contamination from excreta. All watering
receptacles shall be sanitized when dirty: Provided, however, That such
receptacles shall be sanitized at least once every 2 weeks.

Sec. 3.31  Sanitation.

    (a) Cleaning and sanitation of primary enclosures. (1) Primary
enclosures shall be cleaned and sanitized often enough to prevent an
accumulation of excreta or debris: Provided, however, That such
enclosures shall be sanitized at least once every 2 weeks in the manner
provided in paragraph (a)(4) of this section.
    (2) In the event a primary enclosure becomes soiled or wet to a
degree that might be harmful or uncomfortable to the animals therein due
to leakage of the watering system, discharges from dead or dying
animals, spoiled perishable foods, or moisture condensation, the guinea
pigs or hamsters shall be transferred to clean primary enclosures.
    (3) Prior to the introduction of guinea pigs or hamsters into empty
primary enclosures previously occupied, such enclosures shall be
sanitized in the manner provided in paragraph (a)(4) of this section.
    (4) Primary enclosures for guinea pigs or hamsters shall be
sanitized by washing them with hot water (180 deg. F.) and soap or
detergent as in a mechanical cage washer, or by washing all soiled
surfaces with a detergent solution followed by a safe and effective
disinfectant, or by cleaning all soiled surfaces with live steam.
    (b) Housekeeping. Premises (buildings and grounds) shall be kept
clean and in good repair in order to protect the animals from injury and
to facilitate the prescribed husbandry practices set forth in this
subpart. Premises shall remain free of accumulations of trash.

[[Page 63]]

    (c) Pest control. An effective program for the control of insects,
ectoparasites, and avian and mammalian pests shall be established and
maintained.

Sec. 3.32  Employees.

    A sufficient number of employees shall be utilized to maintain the
prescribed level of husbandry practices set forth in this subpart. Such
practices shall be under the supervision of an animal caretaker who has
a background in animal husbandry or care.

Sec. 3.33  Classification and separation.

    Animals housed in the same primary enclosure shall be maintained in
compatible groups, with the following additional restrictions:
    (a) Except where harem breeding is practiced, preweanling guinea
pigs shall not be housed in the same primary enclosure with adults other
than their parents.
    (b) Guinea pigs shall not be housed in the same primary enclosure
with hamsters, nor shall guinea pigs or hamsters be housed in the same
primary enclosure with any other species of animals.
    (c) Guinea pigs or hamsters under quarantine or treatment for a
communicable disease shall be separated from other guinea pigs or
hamsters and other susceptible species of animals in such a manner as to
minimize dissemination of such disease.

Sec. 3.34  [Reserved]

                        Transportation Standards

    Authority: Sections 3.35 through 3.41 issued under secs. 3, 5, 6,
10, 11, 14, 16, 17, 21; 80 Stat. 353; 84 Stat. 1561, 1562, 1563, 1564;
90 Stat. 418, 419, 420, 423; (7 U.S.C. 2133, 2135, 2136, 2140, 2141,
2144, 2146, 2147, 2151); 37 FR 28464, 28477, 38 FR 19141.

Sec. 3.35  Consignments to carriers and intermediate handlers.

    (a) Carriers and intermediate handlers shall not accept any live
guinea pig or hamster presented by any dealer, research facility,
exhibitor, operator of an auction sale, or other person, or any
department, agency, or instrumentality of the United States or any State
or local govenment for shipment, in commerce, more than 4 hours prior to
the scheduled departure of the primary conveyance on which it is to be
transported: Provided, however, That the carrier or intermediate handler
and any dealer, research facility, exhibitor, operator of an auction
sale, or other person, or any department, agency, or instrumentality of
the United States or any State or local government may mutually agree to
extend the time of acceptance to not more than 6 hours if specific prior
scheduling of the animal shipment to destination has been made.
    (b) Any carrier or intermediate handler shall only accept for
transportation or transport, in commerce any live guinea pig or hamster
in a primary enclosure which conforms to the requirements set forth in
Sec. 3.36 of the standards: Provided, however, That any carrier or
intermediate handler may accept for transportation or transport, in
commerce, any live guinea pig or hamster consigned by any department,
agency, or instrumentality of the United States having laboratory animal
facilities or exhibiting animals, or any licensed or registered dealer,
research facility, exhibitor, or operator of an auction sale, if such
consignor furnishes to the carrier or intermediate handler a
certificate, signed by the consignor, stating that the primary enclosure
complies with Sec. 3.36 of the standards, unless such primary enclosure
is obviously defective or damaged and it is apparent that it cannot
reasonably be expected to contain the live guinea pig or hamster without
causing suffering or injury to such live guinea pig or hamster. A copy
of such certificate shall accompany the shipment to destination. The
certificate of compliance shall include at least the following
information:
    (1) Name and address of the consignor;
    (2) The number of guinea pigs or hamsters in the primary
enclosure(s);
    (3) A certifying statement (e.g., ``I hereby certify that the ----
(number) primary enclosure(s) which are used to transport the animal(s)
in this shipment complies (comply) with USDA standards for primary
enclosures (9 CFR part 3).''); and
    (4) The signature of the consignor, and date.

[[Page 64]]

    (c) Carriers or intermediate handlers whose facilities fail to meet
the minimum temperature allowed by the standards may accept for
transportation or transport, in commerce, any live hamster consigned by
any department, agency, or instrumentality of the United States or of
any State or local government, or by any person (including any licensee
or registrant under the Act, as well as any private individual) if the
consignor furnishes to the carrier or intermediate handler a certificate
executed by a veterinarian accredited by this Department pursuant to
part 160 of this title on a specified date which shall not be more than
10 days prior to delivery of such hamster for transportation in
commerce, stating that such live hamster is acclimated to air
temperatures lower than those prescribed in Secs. 3.40 and 3.41. A copy
of such certificate shall accompany the shipment to destination. The
certificate shall include the following information:
    (1) Name and address of the consignor;
    (2) The number of hamsters in the shipment;
    (3) A certifying statement (e.g., ``I hereby certify that the
animal(s) in this shipment is (are), to the best of my knowledge,
acclimated to air temperatures lower than 7.2 deg. C. (45 deg. F.).'');
and
    (4) The signature of the USDA accredited veterinarian, assigned
accreditation number, and date.
    (d) Carriers and intermediate handlers shall attempt to notify the
consignee at least once in every 6 hour period following the arrival of
any live guinea pig or hamster at the animal holding area of the
terminal cargo facility. The time, date, and method of each attempted
notification and the final notification to the consignee and the name of
the person notifying the consignee shall be recorded on the copy of the
shipping document retained by the carrier or intermediate handler and on
a copy of the shipping document accompanying the animal shipment.

[42 FR 31563, June 21, 1977, as amended at 43 FR 22163, May 16, 1978; 44
FR 63492, Nov. 2, 1979]

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

    No person subject to the Animal Welfare regulations shall offer for
transportation, or transport, in commerce any live guinea pig or hamster
in a primary enclosure that does not conform to the following
requirements:
    (a) Primary enclosures, such as compartments, transport cages,
cartons, or crates, used to transport live guinea pigs or hamsters shall
be constructed in such a manner that (1) the structural strength of the
enclosure shall be sufficient to contain the live guinea pigs or
hamsters and to withstand the normal rigors of transportation; (2) the
interior of the enclosure shall be free from any protrusions that could
be injurious to the live guinea pigs or hamsters contained therein; (3)
the inner surfaces of corrugated fiberboard, cardboard, or plastic
containers shall be covered or laminated with wire mesh or screen where
necessary to prevent escape of the animals; (4) the openings of such
enclosures are easily accessible at all times for emergency removal of
the live guinea pigs or hamsters; (5) except as provided in paragraph
(i) of this section, there are ventilation openings located on two
opposite walls of the primary enclosure and the ventilation openings on
each such wall shall be at least 16 percent of the total surface area of
each such wall, or there are ventilation openings located on all four
walls of the primary enclosure and the ventilation openings on each such
wall shall be at least 8 percent of the total surface area of each such
wall: Provided, however, That at least one-third of the total minimum
area required for ventilation of the primary enclosure shall be located
on the lower one-half of the primary enclosure and at least one-third of
the total minimum area required for ventilation of the primary enclosure
shall be located on the upper one-half of the primary enclosure; (6)
except as provided in paragraph (i) of this section, projecting rims or
other devices shall be on the exterior of the outside walls with any
ventilation openings to prevent obstruction of the ventilation openings
and to provide a minimum air circulation space of 1.9 centimeters (.75
inches) between the

[[Page 65]]

primary enclosure and any adjacent cargo or conveyance wall; and (7)
except as provided in paragraph (i) of this section, adequate handholds
or other devices for lifting shall be provided on the exterior of the
primary enclosure to enable the primary enclosure to be lifted without
tilting and to ensure that the person handling the primary enclosure
will not be in contact with the guinea pigs or hamsters.
    (b) Live guinea pigs or hamsters tranported in the same primary
enclosure shall be of the same species and maintained in compatible
groups.
    (c) Primary enclosures used to transport live guinea pigs or
hamsters shall be large enough to ensure that each animal contained
therein has sufficient space to turn about freely and to make normal
postural adjustments.
    (d) Not more than 15 live guinea pigs shall be transported in the
same primary enclosure. No more than 50 live hamsters shall be
transported in the same primary enclosure.
    (e) In addition to the other provisions of this section, the
following requirements shall also apply to primary enclosures used to
transport live guinea pigs or hamsters:
    (1) Guinea pigs. (i) The interior height of primary enclosures used
to tranport live guinea pigs weighing up to 500 grams shall be at least
15.2 centimeters (6 inches) and the interior height of primary
enclosures used to transport live guinea pigs weighing over 500 grams
shall be at least 17.8 centimeters (7 inches).
    (ii) Each live guinea pig transported in a primary enclosure shall
be provided a minimum amount of floor space in accordance with the
following table:

                    Minimum space per live guinea pig
------------------------------------------------------------------------
                                                    Square      Square
                 Weight (grams)                  centimeters    inches
------------------------------------------------------------------------
Up to 350......................................        193.6          30
350 to 600.....................................        290.3          45
Over 600.......................................        354.8          55
------------------------------------------------------------------------

    (2) Hamsters. (i) The interior height of primary enclosures used to
transport live hamsters shall be at least 15.2 centimeters (6 inches)
except that in the case of dwarf hamsters such interior height shall be
at least 12.7 centimeters (5 inches).
    (ii) Each live hamster transported in a primary enclosure shall be
provided a minimum amount of floor space in accordance with the
following table:

                                         Minimum space per live hamster
----------------------------------------------------------------------------------------------------------------
                                                                           Dwarf                   Other
                                                                 -----------------------------------------------
                               Age                                   Square      Square      Square      Square
                                                                  centimeters    inches   centimeters    inches
----------------------------------------------------------------------------------------------------------------
Weaning to 5 wks................................................        32.2         5.0        45.2           7
5 to 10 wks.....................................................        48.3         7.5        71.0          11
Over 10 wks.....................................................        58.1         9.0        96.8          15
----------------------------------------------------------------------------------------------------------------

    (f) Primary enclosures used to transport live guinea pigs or
hamsters as provided in this section shall have solid bottoms to prevent
leakage in shipment and shall be cleaned and sanitized in a manner
prescribed in Sec. 3.31 of the standards, if previously used. Such
primary enclosures shall contain clean litter of a suitable absorbent
material, which is safe and nontoxic to the guinea pigs or hamsters, in
sufficient quantity to absorb and cover excreta, unless the guinea pigs
or hamsters are on wire or other nonsolid floors.
    (g) Primary enclosures used to transport live guinea pigs or
hamsters, except where such primary enclosures are permanently affixed
in the animal cargo space of the primary conveyance, shall be clearly
marked on top and on one or more sides with the words ``Live Animals''
in letters not less than 2.5 centimeters (1 inch) in height, and with
arrows or other markings, to indicate the correct upright position of
the container.
    (h) Documents accompanying the shipment shall be attached in an
easily accessible manner to the outside of a

[[Page 66]]

primary enclosure which is part of such shipment.
    (i) When a primary enclosure is permanently affixed within the
animal cargo space of the primary conveyance so that the front opening
is the only source of ventilation for such primary enclosure, the front
opening shall open directly to the outside or to an unobstructed aisle
or passageway within the primary conveyance. Such front ventilation
opening shall be at least 90 percent of the total surface area of the
front wall of the primary enclosure and covered with bars, wire mesh or
smooth expanded metal.

[42 FR 31563, June 21, 1977, as amended at 43 FR 21163, May 16, 1978; 55
FR 28882, July 16, 1990]

Sec. 3.37  Primary conveyances (motor vehicle, rail, air, and marine).

    (a) The animal cargo space of primary conveyances used in
transporting live guinea pigs and hamsters shall be designed and
constructed to protect the health, and ensure the safety and comfort of
the live guinea pigs and hamsters at all times.
    (b) The animal cargo space shall be constructed and maintained in a
manner to prevent the ingress of engine exhaust fumes and gases from the
primary conveyance during transportation in commerce.
    (c) No live guinea pig or hamster shall be placed in an animal cargo
space that does not have a supply of air sufficient for normal breathing
for each live animal contained therein, and the primary enclosures shall
be positioned in the animal cargo space in such a manner that each live
guinea pig or hamster has access to sufficient air for normal breathing.
    (d) Primary enclosures shall be positioned in the primary conveyance
in such a manner that in an emergency the live guinea pigs or hamsters
can be removed from the primary conveyance as soon as possible.
    (e) The interior of the animal cargo space shall be kept clean.
    (f) Live guinea pigs and hamsters shall not be transported with any
material, substance (e.g., dry ice) or device which may reasonably be
expected to be injurious to the health and well-being of the guinea pigs
and hamsters unless proper precaution is taken to prevent such injury.
    (g) The animal cargo space of primary conveyances used to transport
guinea pigs or hamsters shall be mechanically sound and provide fresh
air by means of windows, doors, vents, or air conditioning so as to
minimize drafts, odors, and moisture condensation. Auxiliary
ventilation, such as fans, blowers, or air conditioners, shall be used
in any cargo space containing live guinea pigs or hamsters when the
ambient temperature in the animal cargo space is 75  deg.F (23.9  deg.C)
or higher. The ambient temperature within the animal cargo space shall
not exceed 85  deg.F (29.5  deg.C) or fall below 45  deg.F (7.2  deg.C),
except that the ambient temperature in the cargo space may be below 45
deg.F (7.2  deg.C) for hamsters if the hamsters are accompanied by a
certificate of acclimation to lower temperatures, as provided in
Sec. 3.35(c) of this part.

[42 FR 31563, June 21, 1977, as amended at 55 FR 28882, July 16, 1990]

Sec. 3.38  Food and water requirements.

    (a) If live guinea pigs or hamsters are to be transported for a
period of more than 6 hours, the animals shall have access to food and
water or a type of food, which provides the requirements for food and
water in quantity and quality sufficient to satisfy their food and water
needs, during transit.
    (b) Any dealer, research facility, exhibitor or operator of an
auction sale offering any live guinea pig or hamster to any carrier or
intermediate handler for transportation, in commerce, shall provide an
adequate supply of food or type of food, which provides the requirements
for food and water, within the primary enclosure to meet the
requirements of this section.
    (c) No carrier or intermediate handler shall accept for
transportation, in commerce, any live guinea pig or hamster without an
adequate supply of food or type of food, which provides the requirements
for food and water, within the primary enclosure to meet the
requirements of this section.

[42 FR 31563, June 21, 1977]

[[Page 67]]

Sec. 3.39  Care in transit.

    (a) During surface transportation, it shall be the responsibility of
the driver or other employee to visually observe the live guinea pigs or
hamsters as frequently as circumstances may dictate, but not less than
once every 4 hours, to assure that they are receiving sufficient air for
normal breathing, their ambient temperatures are within the prescribed
limits, all other applicable standards are being complied with and to
determine whether any of the live guinea pigs or hamsters are in obvious
physical distress and to provide any needed veterinary care as soon as
possible. When transported by air, live guinea pigs and hamsters shall
be visually observed by the carrier as frequently as circumstances may
dictate, but not less than once every 4 hours, if the animal cargo space
is accessible during flight. If the animal cargo space is not accessible
during flight, the carrier shall visually observe the live guinea pigs
or hamsters whenever loaded and unloaded and whenever the animal cargo
space is otherwise accessible to assure that they are receiving
sufficient air for normal breathing, their ambient temperatures are
within the prescribed limits, all other applicable standards are being
complied with and to determine whether any such live guinea pigs or
hamsters are in obvious physical distress. The carrier shall provide any
needed veterinary care as soon as possible. No guinea pig or hamster in
obvious physical distress shall be transported in commerce.
    (b) During the course of transportation, in commerce, live guinea
pigs or hamsters shall not be removed from their primary enclosures
unless placed in other primary enclosures or facilities conforming to
the requirements provided in this subpart.

[42 FR 31563, June 21, 1977]

Sec. 3.40  Terminal facilities.

    No person subject to the Animal Welfare regulations shall commingle
shipments of live guinea pigs or hamsters with inanimate cargo. All
animal holding areas of a terminal facility where shipments of live
guinea pigs or hamsters are maintained shall be cleaned and sanitized as
prescribed in Sec. 3.31 of the standards often enough to prevent an
accumulation of debris or excreta, to minimize vermin infestation, and
to prevent a disease hazard. An effective program for the control of
insects, ectoparasites, and avian and mammalian pests shall be
established and maintained for all animal holding areas. Any animal
holding area containing live guinea pigs or hamsters shall be provided
with fresh air by means of windows, doors, vents, or air conditioning
and may be ventilated or air circulated by means of fans, blowers, or an
air conditioning system so as to minimize drafts, odors, and moisture
condensation. Auxiliary ventilation, such as exhaust fans and vents or
fans or blowers or air conditioning shall be used for any animal holding
area containing live guinea pigs and hamsters when the air temperature
within such animal holding area is 23.9 deg. C. (75. deg. F.) or higher.
The air temperature around any live guinea pig or hamster in any animal
holding area shall not be allowed to fall below 7.2 deg. C. (45 deg. F.)
nor be allowed to exceed 29.5 deg. C. (85 deg. F.) at any time. To
ascertain compliance with the provisions of this paragraph, the air
temperature around any live guinea pig or hamster shall be measured and
read outside the primary enclosure which contains such guinea pig or
hamster at a distance not to exceed .91 meters (3 feet) from any one of
the external walls of the primary enclosure and measured on a level
parallel to the bottom of such primary enclosure at a point which
approximates half the distance between the top and bottom of such
primary enclosure.

[43 FR 56215, Dec. 1, 1978, as amended at 55 FR 28883, July 16, 1990]

Sec. 3.41  Handling.

    (a) Any person who is subject to the Animal Welfare regulations and
who moves live guinea pigs or hamsters from an animal holding area of a
terminal facility to a primary conveyance or vice versa shall do so as
quickly and efficiently as possible. Any person subject to the Animal
Welfare Act and holding any live guinea pig or hamster in an animal
holding area of a terminal facility or transporting any live guinea pig
or hamster to or from a terminal facility shall provide the following:

[[Page 68]]

    (1) Shelter from sunlight. When sunlight is likely to cause
overheating or discomfort, sufficient shade shall be provided to protect
the live guinea pigs and hamsters from the direct rays of the sun and
such live guinea pigs or hamsters shall not be subjected to surrounding
air temperatures which exceed 29.5 deg. C. (85 deg. F.), and which shall
be measured and read in the manner prescribed Sec. 3.40 of this part,
for a period of more than 45 minutes.
    (2) Shelter from rain or snow. Live guinea pigs and hamsters shall
be provided protection to allow them to remain dry during rain or snow.
    (3) Shelter from cold weather. Transporting devices shall be covered
to provide protection for live guinea pigs and hamsters when the outdoor
air temperature falls below 10 deg. C. (50 deg. F.), and such live
guinea pigs and hamsters shall not be subjected to surrounding air
temperatures which fall below 7.2 deg. C. (45 deg. F.), and which shall
be measured and read in the manner prescribed in Sec. 3.40 of this part,
for a period of more than 45 minutes.
    (b) Care shall be exercised to avoid handling of the primary
enclosure in such a manner that may cause physical or emotional trauma
to the live guinea pig or hamster contained therein.
    (c) Primary enclosures used to transport any live guinea pig or
hamster shall not be tossed, dropped, or needlessly tilted and shall not
be stacked in a manner which may reasonably be expected to result in
their falling.

[43 FR 21163, May 16, 1978, as amended at 43 FR 56216, Dec. 1, 1978; 55
FR 28883, July 16, 1990]

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