This portion of the regulations contains the humane care provisions for non-human primates.

Subpart D--Specifications for the Humane Handling, Care, Treatment, and
                 Transportation of Nonhuman Primates \2\

    Source: 56 FR 6495, Feb. 15, 1991, unless otherwise noted.

                   Facilities and Operating Standards

Sec. 3.75  Housing facilities, general.

    (a) Structure: construction. Housing facilities for nonhuman
primates must be designed and constructed so that they are structurally
sound for the species of nonhuman primates housed in them. They must be
kept in good repair, and they must protect the animals from injury,
contain the animals

[[Page 76]]

securely, and restrict other animals from entering.
---------------------------------------------------------------------------

    \2\ Nonhuman primates include a great diversity of forms, ranging
from the marmoset weighing only a few ounces, to the adult gorilla
weighing hundreds of pounds, and include more than 240 species. They
come from Asia, Africa, and Central and South America, and they live in
different habitats in nature. Some have been transported to the United
States from their natural habitats and some have been raised in
captivity in the United States. Their nutritional and activity
requirements differ, as do their social and environmental requirements.
As a result, the conditions appropriate for one species do not
necessarily apply to another. Accordingly, these minimum specifications
must be applied in accordance with the customary and generally accepted
professional and husbandry practices considered appropriate for each
species, and necessary to promote their psychological well-being.
    These minimum standards apply only to live nonhuman primates, unless
stated otherwise.
---------------------------------------------------------------------------

    (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, or stored material, but may
contain materials actually used and necessary for cleaning the area, and
fixtures and 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 businesses. If a housing facility is located on
the same premises as any other businesses, it must be physically
separated from the other businesses 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 perches, shelves, swings, boxes, houses, dens, and
other furniture-type fixtures or 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. Furniture-type fixtures or objects must be sturdily constructed
and must be strong enough to provide for the safe activity and welfare
of nonhuman primates. Floors may be made of dirt, absorbent bedding,
sand, gravel, grass, or other similar material that can be readily
cleaned, or can be removed or replaced whenever cleaning does not
eliminate odors, diseases, pests, insects, or vermin. Any surfaces that
come in contact with nonhuman primates 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 nonhuman primates come in
contact must be spot-cleaned daily and sanitized in accordance with
Sec. 3.84 of this subpart to prevent accumulation of excreta or disease
hazards. If the species scent mark, the surfaces must be sanitized or
replaced at regular intervals as determined by the attending
veterinarian in accordance with generally accepted professional and
husbandry practices. Floors made of dirt, absorbent bedding, sand,
gravel, grass, or other similar material, and planted enclosures must be
raked or spot-cleaned with sufficient frequency to ensure all animals
the freedom to avoid contact with excreta. Contaminated material must be
removed or replaced whenever raking and spot cleaning does not eliminate
odors, diseases, 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 by any of the methods provided in
Sec. 3.84(b)(3) of this subpart 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 running potable water for the nonhuman primates' drinking
needs. It must be adequate for cleaning and for 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. Food
requiring refrigeration must be stored accordingly, and all food must be
stored in a manner that prevents contamination and deterioration of its
nutritive value. Only the food and bedding currently being used may be
kept in animal areas, and when

[[Page 77]]

not in actual use, open food and bedding supplies must be kept in
leakproof containers with tightly fitting lids to prevent spoilage and
contamination. Substances that are toxic to the nonhuman primates but
that 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, dead animals, debris, garbage, water,
and any other fluids and wastes, in a manner that minimizes
contamination and disease risk. Housing facilities must be equipped with
disposal facilities and drainage systems that are constructed and
operated so that animal wastes and water are rapidly eliminated and the
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 ponds, 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, insects, pests, and vermin infestation. If drip or
constant flow watering devices are used to provide water to the animals,
excess water must be rapidly drained out of the animal areas by gutters
or pipes so that the animals stay dry. Standing puddles of water in
animal areas must be mopped up or drained so that the animals remain
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, and 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. 3.76  Indoor housing facilities.

    (a) Heating, cooling, and temperature. Indoor housing facilities
must be sufficiently heated and cooled when necessary to protect
nonhuman primates from temperature extremes and to provide for their
health and well-being. The ambient temperature in the facility must not
fall below 45  deg.F (7.2  deg.C) for more than 4 consecutive hours when
nonhuman primates are present, and must not rise above 85  deg.F (29.5
deg.C) for more than 4 consecutive hours when nonhuman primates are
present. The ambient temperature must be maintained at a level that
ensures the health and well-being of the species housed, as directed by
the attending veterinarian, in accordance with generally accepted
professional and husbandry practices.
    (b) Ventilation. Indoor housing facilities must be sufficiently
ventilated at all times when nonhuman primates 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. The relative
humidity maintained must be at a level that ensures the health and well-
being of the animals housed, as directed by the attending veterinarian,
in accordance with generally accepted professional and husbandry
practices.
    (c) Lighting. Indoor housing facilities must be lighted well enough
to permit routine inspection and cleaning of the facility, and
observation of the nonhuman primates. 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 in the
housing facility so as to protect the

[[Page 78]]

nonhuman primates from excessive light.

Sec. 3.77  Sheltered housing facilities.

    (a) Heating, cooling, and temperature. The sheltered part of
sheltered housing facilities must be sufficiently heated and cooled when
necessary to protect the nonhuman primates from temperature extremes,
and to provide for their health and well-being. The ambient temperature
in the sheltered part of the facility must not fall below 45  deg.F (7.2
 deg.C) for more than 4 consecutive hours when nonhuman primates are
present, and must not rise above 85  deg.F (29.5  deg.C) for more than 4
consecutive hours when nonhuman primates are present, unless
temperatures above 85  deg.F (29.5  deg.C) are approved by the attending
veterinarian, in accordance with generally accepted husbandry practices.
The ambient temperature must be maintained at a level that ensures the
health and well-being of the species housed, as directed by the
attending veterinarian, in accordance with generally accepted
professional and husbandry practices.
    (b) Ventilation. The sheltered part of sheltered animal facilities
must be sufficiently ventilated at all times to provide for the health
and well-being of nonhuman primates 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. The relative humidity maintained must be at a level that ensures
the health and well-being of the species housed, as directed by the
attending veterinarian, in accordance with generally accepted
professional and husbandry practices.
    (c) Lighting. The sheltered part of sheltered housing facilities
must be lighted well enough to permit routine inspection and cleaning of
the facility, and observation of the nonhuman primates. 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 in the housing facility so as to protect the nonhuman primates
from excessive light.
    (d) Shelter from the elements. Sheltered housing facilities for
nonhuman primates must provide adequate shelter from the elements at all
times. They must provide protection from the sun, rain, snow, wind, and
cold, and from any weather conditions that may occur.
    (e) Capacity: multiple shelters. Both the sheltered part of
sheltered housing facilities and any other necessary shelter from the
elements must be sufficiently large to provide protection comfortably to
each nonhuman primate housed in the facility. If aggressive or dominant
animals are housed in the facility with other animals, there must be
multiple shelters or other means to ensure that each nonhuman primate
has access to shelter.
    (f) Perimeter fence. On and after February 15, 1994, the outdoor
area of a sheltered housing facility must be enclosed by a fence that is
of sufficient height to keep unwanted species out. Fences less than 6
feet high must be approved by the Administrator. The fence must be
constructed so that it protects nonhuman primates by restricting
unauthorized humans, and animals the size of dogs, skunks, and raccoons
from going through it or under it and having contact with the nonhuman
primates. It must be of sufficient distance from the outside wall or
fence of the primary enclosure to prevent physical contact between
animals inside the enclosure and outside the perimeter fence. Such
fences less than 3 feet in distance from the primary enclosure must be
approved by the Administrator. A perimeter fence is not required if:
    (1) The outside walls of the primary enclosure are made of a sturdy,
durable material such as concrete, wood, plastic, metal, or glass, and
are high enough and constructed in a manner that restricts contact with
or entry by humans and animals that are outside the sheltered housing
facility; or

[[Page 79]]

    (2) The housing facility is surrounded by a natural barrier that
restricts the nonhuman primates to the housing facility and protects
them from contact with unauthorized humans and animals that are outside
the sheltered housing facility, and the Administrator gives written
permission
    (g) Public barriers. Fixed public exhibits housing nonhuman
primates, such as zoos, must have a barrier between the primary
enclosure and the public at any time the public is present, that
restricts physical contact between the public and the nonhuman primates.
Nonhuman primates used in trained animal acts or in uncaged public
exhibits must be under the direct control and supervision of an
experienced handler or trainer at all times when the public is present.
Trained nonhuman primates may be permitted physical contact with the
public, as allowed under Sec. 2.131, but only if they are under the
direct control and supervision of an experienced handler or trainer at
all times during the contact.

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

Sec. 3.78  0utdoor housing facilities.

    (a) Acclimation. Only nonhuman primates that are acclimated, as
determined by the attending veterinarian, to the prevailing temperature
and humidity at the outdoor housing facility during the time of year
they are at the facility, and that can tolerate the range of
temperatures and climatic conditions known to occur at the facility at
that time of year without stress or discomfort, may be kept in outdoor
facilities.
    (b) Shelter from the elements. Outdoor housing facilities for
nonhuman primates must provide adequate shelter from the elements at all
times. It must provide protection from the sun, rain, snow, wind, and
cold, and from any weather conditions that may occur. The shelter must
safely provide heat to the nonhuman primates to prevent the ambient
temperature from falling below 45  deg.F (7.2  deg.C), except as
directed by the attending veterinarian and in accordance with generally
accepted professional and husbandry practices.
    (c) Capacity: multiple shelters. The shelter must be sufficiently
large to comfortably provide protection for each nonhuman primate housed
in the facility. If aggressive or dominant animals are housed in the
facility with other animals there must be multiple shelters, or other
means to ensure protection for each nonhuman primate housed in the
facility.
    (d) Perimeter fence. On and after February 15, 1994, an outdoor
housing facility must be enclosed by a fence that is of sufficient
height to keep unwanted species out. Fences less than 6 feet high must
be approved by the Administrator. The fence must be constructed so that
it protects nonhuman primates by restricting unauthorized humans, and
animals the size of dogs, skunks, and raccoons from going through it or
under it and having contact with the nonhuman primates. It must be of
sufficient distance from the outside wall or fence of the primary
enclosure to prevent physical contact between animals inside the
enclosure and outside the perimeter fence. Such fences less than 3 feet
in distance from the primary enclosure must be approved by the
Administrator. A perimeter fence is not required if:
    (1) The outside walls of the primary enclosure are made of a sturdy,
durable material such as concrete, wood, plastic, metal, or glass, and
are high enough and constructed in a manner that restricts contact with
or entry by humans and animals that are outside the housing facility; or
    (2) The housing facility is surrounded by a natural barrier that
restricts the nonhuman primates to the housing facility and protects
them from contact with unauthorized humans and animals that are outside
the housing facility, and the Administrator gives written permission.
    (e) Public barriers. Fixed public exhibits housing nonhuman
primates, such as zoos, must have a barrier between the primary
enclosure and the public at any time the public is present, in order to
restrict physical contact between the public and the nonhuman primates.
Nonhuman primates used in trained animal acts or in uncaged public
exhibits must be under the direct control and supervision of an
experienced handler or trainer at all times when the public is present.
Trained

[[Page 80]]

nonhuman primates may be allowed physical contact with the public, but
only if they are under the direct control and supervision of an
experienced handler or trainer at all times during the contact.

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

Sec. 3.79  Mobile or traveling housing facilities.

    (a) Heating, cooling, and temperature. Mobile or traveling housing
facilities must be sufficiently heated and cooled when necessary to
protect nonhuman primates from temperature extremes and to provide for
their health and well-being. The ambient temperature in the traveling
housing facility must not fall below 45  deg.F (7.2  deg.C) for more
than 4 consecutive hours when nonhuman primates are present, and must
not rise above 85  deg.F (29.5  deg.C) for more than 4 consecutive hours
when nonhuman primates are present. The ambient temperature must be
maintained at a level that ensures the health and well-being of the
species housed, as directed by the attending veterinarian, and in
accordance with generally accepted professional and husbandry practices.
    (b) Ventilation. Traveling housing facilities must be sufficiently
ventilated at all times when nonhuman primates are present to provide
for the health and well-being of nonhuman primates and to minimize
odors, 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 in the
traveling housing facility is 85  deg.F (29.5  deg.C) or higher.
    (c) Lighting. Mobile or traveling housing facilities must be lighted
well enough to permit routine inspection and cleaning of the facility,
and observation of the nonhuman primates. 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 in the
housing facility so as to protect the nonhuman primates from excessive
light.
    (d) Public barriers. There must be a barrier between a mobile or
traveling housing facility and the public at any time the public is
present, in order to restrict physical contact between the nonhuman
primates and the public. Nonhuman primates used in traveling exhibits,
trained animal acts, or in uncaged public exhibits must be under the
direct control and supervision of an experienced handler or trainer at
all times when the public is present. Trained nonhuman primates may be
allowed physical contact with the public, but only if they are under the
direct control and supervision of an experienced handler or trainer at
all times during the contact.

Sec. 3.80  Primary enclosures.

    Primary enclosures for nonhuman primates 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 for the species of nonhuman primates contained in them. They 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 nonhuman
primates;
    (ii) Protect the nonhuman primates from injury;
    (iii) Contain the nonhuman primates securely and prevent accidental
opening of the enclosure, including opening by the animal;
    (iv) Keep other unwanted animals from entering the enclosure or
having physical contact with the nonhuman primates;
    (v) Enable the nonhuman primates to remain dry and clean;
    (vi) Provide shelter and protection from extreme temperatures and
weather conditions that may be uncomfortable or hazardous to the species
of nonhuman primate contained;

[[Page 81]]

    (vii) Provide sufficient shade to shelter all the nonhuman primates
housed in the primary enclosure at one time;
    (viii) Provide the nonhuman primates with easy and convenient access
to clean food and water;
    (ix) Enable all surfaces in contact with nonhuman primates to be
readily cleaned and sanitized in accordance with Sec. 3.84(b)(3) of this
subpart, or replaced when worn or soiled;
    (x) Have floors that are constructed in a manner that protects the
nonhuman primates from injuring themselves; and
    (xi) Provide sufficient space for the nonhuman primates to make
normal postural adjustments with freedom of movement.
    (b) Minimum space requirements. Primary enclosures must meet the
minimum space requirements provided in this subpart. These minimum space
requirements must be met even if perches, ledges, swings, or other
suspended fixtures are placed in the enclosure. Low perches and ledges
that do not allow the space underneath them to be comfortably occupied
by the animal will be counted as part of the floor space.
    (1) Prior to February 15, 1994:
    (i) Primary enclosures must be constructed and maintained so as to
provide sufficient space to allow each nonhuman primate to make normal
postural adjustments with adequate freedom of movement; and
    (ii) Each nonhuman primate housed in a primary enclosure must be
provided with a minimum floor space equal to an area at least three
times the area occupied by the primate when standing on four feet.
    (2) On and after February 15, 1994:
    (i) The minimum space that must be provided to each nonhuman
primate, whether housed individually or with other nonhuman primates,
will be determined by the typical weight of animals of its species,
except for brachiating species and great apes\3\ and will be calculated
by using the following table: \4\
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    \3\ The different species of nonhuman primates are divided into six
weight groups for determining minimum space requirements, except that
all brachiating species of any weight are grouped together since they
require additional space to engage in species-typical behavior. The
grouping provided is based upon the typical weight for various species
and not on changes associated with obesity, aging, or pregnancy. These
conditions will not be considered in determining a nonhuman primate's
weight group unless the animal is obviously unable to make normal
postural adjustments and movements within the primary enclosure.
Different species of prosimians vary in weight and should be grouped
with their appropriate weight group. They have not been included in the
weight table since different species typically fall into different
weight groups. Infants and juveniles of certain species are
substantially lower in weight than adults of those species and require
the minimum space requirements of lighter weight species, unless the
animal is obviously unable to make normal postural adjustments and
movements within the primary enclosure.
    \4\ Examples of the kinds of nonhuman primates typically included in
each age group are:
    Group 1--marmosets, tamarins, and infants (less than 6 months of
age) of various species.
    Group 2--capuchins, squirrel monkeys and similar size species, and
juveniles (6 months to 3 years of age) of various species.
    Group 3--macaques and African species.
    Group 4--male macaques and large African species.
    Group 5--baboons and nonbrachiating species larger than 33.0 lbs.
(15 kg.).
    Group 6--great apes over 55.0 lbs. (25 kg.), except as provided in
paragraph (b)(2)(ii) of this section, and brachiating species.

----------------------------------------------------------------------------------------------------------------
                                                 Weight                            Floor area/animal          Height
             Group              --------------------------------------------------------------------------------
                                        lbs.                (kg.)                       ft.\2\    (m \2\)    in.      (cm.)
----------------------------------------------------------------------------------------------------------------
1..............................  under 2.2.........   (under 1)........        1.6     (0.15)     20       (50.8)
2..............................  2.2-6.6...........      (1-3)............        3.0     (0.28)     30       (76.2)
3..............................  6.6-22.0..........    (3-10)...........        4.3     (0.40)     30       (76.2)
4..............................  22.0-33.0.........  (10-15)..........        6.0     (0.56)     32      (81.28)
5..............................  33.0-55.0.........  (15-25)..........        8.0     (0.74)     36      (91.44)
6..............................  over 55.0.........  (over 25)........       25.1     (2.33)     84     (213.36)
----------------------------------------------------------------------------------------------------------------


[[Page 82]]

    (ii) Dealers. exhibitors, and research facilities, including Federal
research facilities, must provide great apes weighing over 110 lbs. (50
kg) an additional volume of space in excess of that required for Group 6
animals as set forth in paragraph (b)(2)(i) of this section, to allow
for normal postural adjustments.
    (iii) In the case of research facilities, any exemption from these
standards must be required by a research proposal or in the judgment of
the attending veterinarian and must be approved by the Committee. In the
case of dealers and exhibitors, any exemption from these standards must
be required in the judgment of the attending veterinarian and approved
by the Administrator.
    (iv) When more than one nonhuman primate is housed in a primary
enclosure, the minimum space requirement for the enclosure is the sum of
the minimum floor area space required for each individual nonhuman
primate in the table in paragraph (b)(2)(i) of this section, and the
minimum height requirement for the largest nonhuman primate housed in
the enclosure. Provided however, that mothers with infants less than 6
months of age may be maintained together in primary enclosures that meet
the floor area space and height requirements of the mother.
    (c) Innovative primary enclosures not precisely meeting the floor
area and height requirements provided in paragraphs (b)(1) and (b)(2) of
this section, but that do provide nonhuman primates 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)

Sec. 3.81  Environment enhancement to promote psychological well-being.

    Dealers, exhibitors, and research facilities must develop, document,
and follow an appropriate plan for environment enhancement adequate to
promote the psychological well-being of nonhuman primates. The plan must
be in accordance with the currently accepted professional standards as
cited in appropriate professional journals or reference guides, and as
directed by the attending veterinarian. This plan must be made available
to APHIS upon request, and, in the case of research facilities, to
officials of any pertinent funding agency. The plan, at a minimum, must
address each of the following:
    (a) Social grouping. The environment enhancement plan must include
specific provisions to address the social needs of nonhuman primates of
species known to exist in social groups in nature. Such specific
provisions must be in accordance with currently accepted professional
standards, as cited in appropriate professional journals or reference
guides, and as directed by the attending veterinarian. The plan may
provide for the following exceptions:
    (1) If a nonhuman primate exhibits vicious or overly aggressive
behavior, or is debilitated as a result of age or other conditions
(e.g., arthritis), it should be housed separately;
    (2) Nonhuman primates 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 nonhuman primates 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.
    (3) Nonhuman primates may not be housed with other species of
primates or animals unless they are compatible, do not prevent access to
food, water, or shelter by individual animals. and are not known to be
hazardous to the health and well-being of each other. Compatibility of
nonhuman primates must be determined in accordance with generally
accepted professional practices and actual observations, as directed by
the attending veterinarian, to ensure that the nonhuman primates are in
fact compatible. Individually housed nonhuman primates must be able to
see and hear nonhuman primates of their own or compatible species unless
the attending veterinarian determines that it would endanger their
health, safety, or well-being.
    (b) Environmental enrichment. The physical environment in the
primary

[[Page 83]]

enclosures must be enriched by providing means of expressing
noninjurious species-typical activities. Species differences should be
considered when determining the type or methods of enrichment. Examples
of environmental enrichments include providing perches, swings, mirrors,
and other increased cage complexities; providing objects to manipulate;
varied food items; using foraging or task-oriented feeding methods; and
providing interaction with the care giver or other familiar and
knowledgeable person consistent with personnel safety precautions.
    (c) Special considerations. Certain nonhuman primates must be
provided special attention regarding enhancement of their environment,
based on the needs of the individual species and in accordance with the
instructions of the attending veterinarian. Nonhuman primates requiring
special attention are the following:
    (1) Infants and young juveniles;
    (2) Those that show signs of being in psychological distress through
behavior or appearance;
    (3) Those used in research for which the Committee-approved protocol
requires restricted activity;
    (4) Individually housed nonhuman primates that are unable to see and
hear nonhuman primates of their own or compatible species; and
    (5) Great apes weighing over 110 lbs. (50 kg). Dealers, exhibitors,
and research facilities must include in the environment enhancement plan
special provisions for great apes weighing over 110 lbs. (50 kg),
including additional opportunities to express species-typical behavior.
    (d) Restraint devices. Nonhuman primates must not be maintained in
restraint devices unless required for health reasons as determined by
the attending veterinarian or by a research proposal approved by the
Committee at research facilities. Maintenance under such restraint must
be for the shortest period possible. In instances where long-term (more
than 12 hours) restraint is required, the nonhuman primate must be
provided the opportunity daily for unrestrained activity for at least
one continuous hour during the period of restraint, unless continuous
restraint is required by the research proposal approved by the Committee
at research facilities.
    (e) Exemptions. (1) The attending veterinarian may exempt an
individual nonhuman primate from participation in the environment
enhancement plan because of its health or condition, or in consideration
of its well-being. The basis of the exemption must be recorded by the
attending veterinarian for each exempted nonhuman primate. Unless the
basis for the exemption is a permanent condition, the exemption must be
reviewed at least every 30 days by the attending veterinarian.
    (2) For a research facility, the Committee may exempt an individual
nonhuman primate from participation in some or all of the otherwise
required environment enhancement plans for scientific reasons set forth
in the research proposal. The basis of the exemption shall be documented
in the 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 by the dealer,
exhibitor, or research facility and must be made available to USDA
officials or officials of any pertinent funding Federal agency upon
request.

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

                  Animal Health and Husbandry Standards

Sec. 3.82  Feeding.

    (a) The diet for nonhuman primates must be appropriate for the
species, size, age, and condition of the animal, and for the conditions
in which the nonhuman primate is maintained, according to generally
accepted professional and husbandry practices and nutritional standards.
The food must be clean, wholesome, and palatable to the animals. It must
be of sufficient quantity and have sufficient nutritive value to
maintain a healthful condition and weight range of the animal and to
meet its normal daily nutritional requirements.

[[Page 84]]

    (b) Nonhuman primates must be fed at least once each day except as
otherwise might be required to provide adequate veterinary care. Infant
and juvenile nonhuman primates must be fed as often as necessary in
accordance with generally accepted professional and husbandry practices
and nutritional standards, based upon the animals' age and condition.
    (c) Food and food receptacles, if used, must be readily accessible
to all the nonhuman primates being fed. If members of dominant nonhuman
primate or other species are fed together with other nonhuman primates,
multiple feeding sites must be provided. The animals must be observed to
determine that all receive a sufficient quantity of food.
    (d) Food and food receptacles, if used, must be located so as to
minimize any risk of contamination by excreta and pests. Food
receptacles must be kept clean and must be sanitized in accordance with
the procedures listed in Sec. 3.84(b)(3) of this subpart at least once
every 2 weeks. Used food receptacles must be sanitized before they can
be used to provide food to a different nonhuman primate or social
grouping of nonhuman primates. Measures must be taken to ensure there is
no molding, deterioration, contamination, or caking or wetting of food
placed in self-feeders.

Sec. 3.83  Watering.

    Potable water must be provided in sufficient quantity to every
nonhuman primate housed at the facility. If potable water is not
continually available to the nonhuman primates, it must be offered to
them as often as necessary to ensure their health and well-being, but no
less than twice daily for at least l hour each time, unless otherwise
required by the attending veterinarian, or as required by the research
proposal approved by the Committee at research facilities. Water
receptacles must be kept clean and sanitized in accordance with methods
provided in Sec. 3.84(b)(3) of this subpart at least once every 2 weeks
or as often as necessary to keep them clean and free from contamination.
Used water receptacles must be sanitized before they can be used to
provide water to a different nonhuman primate or social grouping of
nonhuman primates.

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

Sec. 3.84  Cleaning, sanitization, housekeeping, and pest control.

    (a) Cleaning of primary enclosures. Excreta and food waste must be
removed from inside each indoor primary enclosure daily and from
underneath them as often as necessary to prevent an excessive
accumulation of feces and food waste, to prevent the nonhuman primates
from becoming soiled, and to reduce disease hazards, insects, pests, and
odors. Dirt floors, floors with absorbent bedding, and planted areas in
primary enclosures must be spot-cleaned with sufficient frequency to
ensure all animals the freedom to avoid contact with excreta, or as
often as necessary 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, nonhuman primates must be removed,
unless the enclosure is large enough to ensure the animals will not be
harmed, wetted, or distressed in the process. Perches, bars, and shelves
must be kept clean and replaced when worn. If the species of the
nonhuman primates housed in the primary enclosure engages in scent
marking, hard surfaces in the primary enclosure must be spot-cleaned
daily.
    (b) Sanitization of primary enclosures and food and water
receptacles.
    (1) A used primary enclosure must be sanitized in accordance with
this section before it can be used to house another nonhuman primate or
group of nonhuman primates.
    (2) Indoor primary enclosures must be sanitized at least once every
2 weeks and as often as necessary to prevent an excessive accumulation
of dirt, debris, waste, food waste, excreta, or disease hazard, using
one of the methods prescribed in paragraph (b)(3) of this section.
However, if the species of nonhuman primates housed in the primary
enclosure engages in scent marking, the primary enclosure must be
sanitized at regular intervals determined in accordance with generally
accepted professional and husbandry practices.

[[Page 85]]

    (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, such as in a mechanical cage washer;
    (iii) Washing all soiled surfaces with appropriate detergent
solutions or 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) Primary enclosures containing material that cannot be sanitized
using the methods provided in paragraph (b)(3) of this section, such as
sand, gravel, dirt, absorbent bedding, grass, or planted areas, 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 in order to protect the nonhuman primates from
injury, to facilitate the husbandry practices required in this subpart,
and to reduce or eliminate breeding and living areas for rodents, pests,
and vermin. Premises must be kept free of accumulations of trash, junk,
waste, and discarded matter. Weeds, grass, and bushes must be controlled
so as to facilitate cleaning of the premises and pest control.
    (d) Pest control. An effective program for control of insects,
external parasites affecting nonhuman primates, and birds and mammals
that are pests, must be established and maintained so as to promote the
health and well-being of the animals and reduce contamination by pests
in animal areas.

Sec. 3.85  Employees.

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

                        Transportation Standards

Sec. 3.86  Consignments to carriers and intermediate handlers.

    (a) Carriers and intermediate handlers must not accept a nonhuman
primate 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 nonhuman primate to extend this time by up to 2
hours.
    (b) Carriers and intermediate handlers must not accept a nonhuman
primate for transport in commerce unless they are provided with the
name, address, telephone number, and telex number, if applicable, of the
consignee.
    (c) Carriers and intermediate handlers must not accept a nonhuman
primate for transport in commerce unless the consignor certifies in
writing to the carrier or intermediate handler that the nonhuman primate
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. 3.89 of this subpart. The certification
must include the following information for each nonhuman primate:
    (1) The consignor's name and address;
    (2) The species of nonhuman primate;
    (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

[[Page 86]]

    (4) The consignor's signature and the date and time the
certification was signed.
    (d) Carriers and intermediate handlers must not accept a nonhuman
primate for transport in commerce unless the primary enclosure meets the
requirements of Sec. 3.87 of this subpart. A carrier or intermediate
handler must not accept a nonhuman primate for transport if the primary
enclosure is obviously defective or damaged and cannot reasonably be
expected to safely and comfortably contain the nonhuman primate without
suffering or injury.
    (e) Carriers and intermediate handlers must not accept a nonhuman
primate for transport in commerce unless their animal holding area
facilities meet the minimum temperature requirements provided in
Secs. 3.91 and 3.92 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 that are required in
Secs. 3.91 and 3.92 of this subpart. Even if the carrier or intermediate
handler receives this certification, the temperatures the nonhuman
primate is exposed to while in the carrier's or intermediate handler's
custody must not be lower than the minimum temperature specified by the
veterinarian in accordance with paragraph (e)(4) of this section, and
must be reasonably within the generally and professionally accepted
temperature range for the nonhuman primate, as determined by the
veterinarian, considering its age, condition, and species. A copy of the
certification must accompany the nonhuman primate to its destination and
must include the following information for each primary enclosure:
    (1) The consignor's name and address;
    (2) The number of nonhuman primates contained in the primary
enclosure;
    (3) The species of nonhuman primate contained in the primary
enclosure;
    (4) A statement by a veterinarian that to the best of his or her
knowledge, each of the nonhuman primates 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 the
certificate based on the generally and professionally accepted
temperature range for the nonhuman primate, considering its age,
condition, and species; and
    (5) The veterinarian's signature and the date the certification was
signed.
    (f) When a primary enclosure containing a nonhuman primate has
arrived at the animal holding area of 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
after arrival. 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 nonhuman primate 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
take physical delivery of the nonhuman primate within 48 hours after
arrival of the nonhuman primate, 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 nonhuman primate, and maintain
the nonhuman primate in accordance with generally accepted professional
and husbandry practices until the consignee accepts delivery of the
nonhuman primate 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)

[[Page 87]]

Sec. 3.87  Primary enclosures used to transport nonhuman primates.

    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
nonhuman primate unless it is contained in a primary enclosure, such as
a compartment, transport cage, carton, or crate, and the following
requirements are met:
    (a) Construction of primary enclosures. Primary enclosures used to
transport nonhuman primates may be connected or attached to each other
and must be constructed so that:
    (1) The primary enclosure is strong enough to contain the nonhuman
primate securely and comfortably and to withstand the normal rigors of
transportation;
    (2) The interior of the enclosure has no sharp points or edges and
no protrusions that could injure the animal contained in it;
    (3) The nonhuman primate 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 the animal, or to persons or
animals nearby;
    (4) The nonhuman primate can be easily and quickly removed from the
enclosure in an emergency;
    (5) The doors or other closures that provide access into the
enclosure are secured with animal-proof devices that prevent accidental
opening of the enclosure, including opening by the nonhuman primate;
    (6) 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;
    (7) Any material, treatment, paint, preservative, or other chemical
used in or on the enclosure is nontoxic to the animal and not harmful to
the health or well-being of the animal;
    (8) Proper ventilation is provided to the nonhuman primate in
accordance with paragraph (c) of this section;
    (9) Ventilation openings are covered with bars, wire mesh, or smooth
expanded metal having air spaces; and
    (10) The primary enclosure has a solid, leak-proof bottom, or a
removable, leak-proof collection tray under a slatted or wire mesh floor
that prevents seepage of waste products, such as excreta and body
fluids, outside of the enclosure. If a slatted or wire 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. It 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 nonhuman primate and is
appropriate for the species transported in the primary enclosure.
    (b) Cleaning of primary enclosures. A primary enclosure used to hold
or transport nonhuman primates in commerce must be cleaned and sanitized
before each use in accordance with the methods provided in
Sec. 3.84(b)(3) of this subpart.
    (c) Ventilation. (1) If the primary enclosure is movable,
ventilation openings must be constructed in one of the following ways:
    (i) If ventilation openings are located on two opposite walls of the
primary enclosure, the openings on each wall must be at least 16 percent
of the total surface area of each such wall and be located above the
midline of the enclosure; or
    (ii) If ventilation openings are located on all four walls of the
primary enclosure, the openings on every wall must be at least 8 percent
of the total surface area of each such wall and be located above the
midline of the 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 inches (1.9 centimeters) between the primary enclosure and
anything the enclosure is placed against.

[[Page 88]]

    (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 of 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) Only one live nonhuman primate may be
transported in a primary enclosure, except as follows:
    (i) A mother and her nursing infant may be transported together;
    (ii) An established male-female pair or family group may be
transported together, except that a female in estrus must not be
transported with a male nonhuman primate;
    (iii) A compatible pair of juveniles of the same species that have
not reached puberty may be transported together.
    (2) Nonhuman primates of different species must not be transported
in adjacent or connecting primary enclosures.
    (e) Space requirements. Primary enclosures used to transport
nonhuman primates must be large enough so that each animal contained in
the primary enclosure has enough space to turn around freely in a normal
manner and to sit in an upright, hands down position without its head
touching the top of the enclosure. However, certain larger species may
be restricted in their movements, in accordance with professionally
accepted standards of care, when greater freedom of movement would be
dangerous to the animal, its handler, or to other persons.
    (f) Marking and labeling. Primary enclosures, other than those that
are permanently affixed to a conveyance, must be clearly marked in
English on the top and on one or more sides with the words ``Wild
Animals,'' or ``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. Permanently affixed primary
enclosures must be clearly marked in English with the words ``Wild
Animals'' or ``Live Animals,'' in the same manner.
    (g) Accompanying documents and records. Shipping documents that must
accompany shipments of nonhuman primates 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. 3.86(c) of this subpart.

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

Sec. 3.88  Primary conveyances (motor vehicle, rail, air, and marine).

    (a) The animal cargo space of primary conveyances used to transport
nonhuman primates must be designed, constructed, and maintained in a
manner that at all times protects the health and well-being of the
animals transported in it, 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 nonhuman primates must be
positioned in the animal cargo space in a manner that provides
protection from the elements and that allows each nonhuman primate
enough air for normal breathing.
    (d) During air transportation, the ambient temperature inside a
primary conveyance used to transport nonhuman primates must be
maintained at a level that ensures the health and well-being of the
species housed, in accordance with generally

[[Page 89]]

accepted professional and husbandry practices, at all times a nonhuman
primate is present.
    (e) During surface transportation, the ambient temperature inside a
primary conveyance used to transport nonhuman primates must be
maintained between 45  deg.F (7.2  deg.C) and 85  deg.F (30  deg.C) at
all times a nonhuman primate is present.
    (f) A primary enclosure containing a nonhuman primate must be placed
far enough away from animals that are predators or natural enemies of
nonhuman primates, whether the other animals are in primary enclosures
or not, so that the nonhuman primate cannot touch or see the other
animals.
    (g) Primary enclosures must be positioned in the primary conveyance
in a manner that allows the nonhuman primates to be quickly and easily
removed from the primary conveyance in an emergency.
    (h) The interior of the animal cargo space must be kept clean
    (i) Nonhuman primates must not be transported with any material,
substance (e.g., dry ice), or device in a manner that may reasonably be
expected to harm the nonhuman primates or cause inhumane conditions.

Sec. 3.89  Food and water requirements.

    (a) Each nonhuman primate that is 1 year of age or more must be
offered food \5\ at least once every 24 hours. Each nonhuman primate
that is less than 1 year of age must be offered food at least once every
12 hours. Each nonhuman primate must be offered potable water at least
once every 12 hours. These time periods apply to dealers, exhibitors,
and research facilities, including Federal research facilities, who
transport nonhuman primates in their own primary conveyances, starting
from the time the nonhuman primate 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 certification provided under Sec. 3.86(c) of this subpart.
Each nonhuman primate 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 nonhuman primate was offered food and potable water within the
4 hours preceding delivery of the nonhuman primate 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. 3.86(c) of this subpart.
---------------------------------------------------------------------------

    \5\ Proper food for purposes of this section is described in
Sec. 3.82 of this subpart, with the necessities and circumstances of the
mode of travel taken into account.
---------------------------------------------------------------------------

    (b) Any dealer, exhibitor, or research facility, including a Federal
research facility, offering a nonhuman primate to a carrier or
intermediate handler for transportation in commerce must securely attach
to the outside of the primary enclosure used for transporting the
nonhuman primate, written instructions for a 24-hour period for the in-
transit food and water requirements of the nonhuman primate(s) 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 of the enclosure without opening the door. Food and water
receptacles must be designed, constructed, and installed so that a
nonhuman primate 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. 3.90  Care in transit.

    (a) Surface transportation (ground and water). Any person subject to
the Animal Welfare regulations (9 CFR parts 1, 2, and 3) transporting
nonhuman primates in commerce must ensure that the operator of the
conveyance or a person accompanying the operator of the conveyance
observes the nonhuman primates as often as circumstances allow, but not
less than once every 4 hours, to make sure that they have sufficient air
for normal breathing, that the ambient temperature is within the limits
provided in Sec. 3.88(d) of this subpart, and that all other applicable

[[Page 90]]

standards of this subpart are being complied with. The regulated person
transporting the nonhuman primates must ensure that the operator or the
person accompanying the operator determines whether any of the nonhuman
primates are in obvious physical distress, and obtains any veterinary
care needed for the nonhuman primates at the closest available
veterinary facility.
    (b) Air transportation. During air transportation of nonhuman
primates, it is the responsibility of the carrier to observe the
nonhuman primates 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 nonhuman primates whenever they are loaded and
unloaded and whenever the animal cargo space is otherwise accessible to
make sure that the nonhuman primates have sufficient air for normal
breathing, that the ambient temperature is within the limits provided in
Sec. 3.88(d) of this subpart, and that all other applicable standards of
this subpart are being complied with. The carrier must determine whether
any of the nonhuman primates is in obvious physical distress, and
arrange for any needed veterinary care for the nonhuman primates as soon
as possible.
    (c) If a nonhuman primate is obviously ill, injured, or in physical
distress, it must not be transported in commerce, except to receive
veterinary care for the condition.
    (d) During transportation in commerce, a nonhuman primate must not
be removed from its primary enclosure unless it is placed in another
primary enclosure or a facility that meets the requirements of Sec. 3.80
or Sec. 3.87 of this subpart. Only persons who are experienced and
authorized by the shipper, or authorized by the consignor or the
consignee upon delivery, if the animal is consigned for transportation,
may remove nonhuman primates from their primary enclosure during
transportation in commerce, unless required for the health or well-being
of the animal.
    (e) The transportation regulations contained in this subpart must be
complied with until a consignee takes physical delivery of the animal if
the animal is consigned for transportation, or until the animal is
returned to the consignor.

Sec. 3.91  Terminal facilities.

    (a) Placement. Any persons subject to the Animal Welfare regulations
(9 CFR parts l, 2, and 3) must not commingle shipments of nonhuman
primates with inanimate cargo or with other animals in animal holding
areas of terminal facilities. Nonhuman primates must not be placed near
any other animals, including other species of nonhuman primates, and
must not be able to touch or see any other animals, including other
species of nonhuman primates.
    (b) Cleaning, sanitization, and pest control. All animal holding
areas of terminal facilities must be cleaned and sanitized in a manner
prescribed in Sec. 3.84(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 of nonhuman
primates.
    (c) Ventilation. Ventilation must be provided in any animal holding
area in a terminal facility containing nonhuman primates 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 nonhuman primates 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 nonhuman primates 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 nonhuman primates are present. The ambient temperature
must be measured in the animal holding area by the carrier, intermediate
handler, or a person transporting nonhuman primates who is subject to
the Animal Welfare regulations (9 CFR parts 1, 2, and 3), outside any
primary enclosure containing a

[[Page 91]]

nonhuman primate at a point not more than 3 feet (0.91 m.) away from an
outside wall of the primary enclosure, on a level that is even with the
enclosure and approximately midway up the side of the enclosure.
    (e) Shelter. Any person subject to the Animal Welfare regulations (9
CFR parts l, 2, and 3) holding a nonhuman primate in an animal holding
area of a terminal facility must provide the following:
    (1) Shelter from sunlight and extreme heat. Shade must be provided
that is sufficient to protect the nonhuman primate from the direct rays
of the sun.
    (2) Shelter from rain or snow. Sufficient protection must be
provided to allow nonhuman primates 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 a nonhuman
primate in an animal holding area of a terminal facility upon arrival is
the same as that provided in Sec. 3.86(f) of this subpart.

Sec. 3.92  Handling.

    (a) Any person subject to the Animal Welfare regulations (9 CFR
parts 1, 2, and 3) who moves (including loading and unloading) nonhuman
primates 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
nonhuman primate:
    (1) Shelter from sunlight and extreme heat. Sufficient shade must be
provided to protect the nonhuman primate from the direct rays of the
sun. A nonhuman primate must not be exposed to an ambient 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
ambient temperature must be measured in the manner provided in
Sec. 3.91(d) of this subpart.
    (2) Shelter from rain or snow. Sufficient protection must be
provided to allow nonhuman primates to remain dry during rain, snow, and
other precipitation.
    (3) Shelter from cold temperatures. Transporting devices on which
nonhuman primates are placed to move them must be covered to protect the
animals when the outdoor temperature falls below 45  deg.F (7.2  deg.C).
A nonhuman primate must not be exposed to an ambient air temperature
below 45  deg.F (7.2  deg.C) for a period of more than 45 minutes,
unless it is accompanied by a certificate of acclimation to lower
temperatures as provided in Sec. 3.86(e) of this subpart. The ambient
temperature must be measured in the manner provided in Sec. 3.91(d) of
this subpart.
    (b) Any person handling a primary enclosure containing a nonhuman
primate must use care and must avoid causing physical harm or distress
to the nonhuman primate.
    (1) A primary enclosure containing a nonhuman primate 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 nonhuman primate 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 nonhuman primate 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)