Subpart F--Specifications for the Humane Handling, Care, Treatment, and
 Transportation of Warmblooded Animals Other Than Dogs, Cats, Rabbits,
      Hamsters, Guinea Pigs, Nonhuman Primates, and Marine Mammals

    Source: 36 FR 24925, Dec. 24, 1971, unless otherwise noted.
Redesignated at 44 FR 36874, July 22, 1979.

                   Facilities and Operating Standards

Sec. 3.125  Facilities, general.

    (a) Structural strength. The facility must be constructed of such
material and of such strength as appropriate for the animals involved.
The indoor and outdoor housing facilities shall be structurally sound
and shall be maintained in good repair to protect the animals from
injury and to contain the animals.
    (b) Water and power. Reliable and adequate electric power, if
required to comply with other provisions of this subpart, and adequate
potable water shall be available on the premises.
    (c) Storage. Supplies of food and bedding shall be stored in
facilities which adequately protect such supplies against deterioration,
molding, or contamination by vermin. Refrigeration shall be provided for
supplies of perishable food.
    (d) Waste disposal. Provision shall be made for the removal and
disposal of animal and food wastes, bedding, dead animals, trash and
debris. Disposal facilities shall be so provided and operated as to
minimize vermin infestation, odors, and disease hazards. The disposal
facilities and any disposal of animal and food wastes, bedding, dead
animals, trash, and debris shall comply with applicable Federal, State,
and local laws and regulations relating to pollution control or the
protection of the environment.
    (e) Washroom and sinks. Facilities, such as washrooms, basins,
showers, or sinks, shall be provided to maintain cleanliness among
animal caretakers.

[36 FR 24925, Dec. 24, 1971. Redesignated at 44 FR 36874, June 22, 1979,
and amended at 44 FR 63492, Nov. 2, 1979]

Sec. 3.126  Facilities, indoor.

    (a) Ambient temperatures. Temperature in indoor housing facilities
shall be sufficiently regulated by heating or cooling to protect the
animals from the extremes of temperature, to provide for their health
and to prevent their discomfort. The ambient temperature shall not be
allowed to fall below nor rise above temperatures compatible with the
health and comfort of the animal.
    (b) Ventilation. Indoor housing facilities shall be adequately
ventilated by natural or mechanical means to provide for the health and
to prevent discomfort of the animals at all times. Such facilities shall
be provided with fresh air either by means of windows, doors, vents,
fans, or air-conditioning

[[Page 114]]

and shall be ventilated so as to minimize drafts, odors, and moisture
condensation.
    (c) Lighting. Indoor housing facilities shall have ample lighting,
by natural or artificial means, or both, of good quality, distribution,
and duration as appropriate for the species involved. Such lighting
shall be uniformly distributed and of sufficient intensity to permit
routine inspection and cleaning. Lighting of primary enclosures shall be
designed to protect the animals from excessive illumination.
    (d) Drainage. A suitable sanitary method shall be provided to
eliminate rapidly, excess water from indoor housing facilities. If
drains are used, they shall be properly constructed and kept in good
repair to avoid foul odors and installed so as to prevent any backup of
sewage. The method of drainage shall comply with applicable Federal,
State, and local laws and regulations relating to pollution control or
the protection of the environment.

Sec. 3.127  Facilities, outdoor.

    (a) Shelter from sunlight. When sunlight is likely to cause
overheating or discomfort of the animals, sufficient shade by natural or
artificial means shall be provided to allow all animals kept outdoors to
protect themselves from direct sunlight.
    (b) Shelter from inclement weather. Natural or artificial shelter
appropriate to the local climatic conditions for the species concerned
shall be provided for all animals kept outdoors to afford them
protection and to prevent discomfort to such animals. Individual animals
shall be acclimated before they are exposed to the extremes of the
individual climate.
    (c) Drainage. A suitable method shall be provided to rapidly
eliminate excess water. The method of drainage shall comply with
applicable Federal, State, and local laws and regulations relating to
pollution control or the protection of the environment.
    (d) Perimeter fence. On or after May 17, 2000, all outdoor housing
facilities (i.e., facilities not entirely indoors) must be enclosed by a
perimeter fence that is of sufficient height to keep animals and
unauthorized persons out. Fences less than 8 feet high for potentially
dangerous animals, such as, but not limited to, large felines (e.g.,
lions, tigers, leopards, cougars, bobcats, etc.), bears, wolves,
rhinoceros, and elephants, or less than 6 feet high for other animals
must be approved in writing by the Administrator. The fence must be
constructed so that it protects the animals in the facility by
restricting animals and unauthorized persons from going through it or
under it and having contact with the animals in the facility, and so
that it can function as a secondary containment system for the animals
in the facility. It must be of sufficient distance from the outside of
the primary enclosure to prevent physical contact between animals inside
the enclosure and animals or persons outside the perimeter fence. Such
fences less than 3 feet in distance from the primary enclosure must be
approved in writing by the Administrator. A perimeter fence is not
required:
    (1) Where the outside walls of the primary enclosure are made of
sturdy, durable material, which may include certain types of concrete,
wood, plastic, metal, or glass, and are high enough and constructed in a
manner that restricts entry by animals and unauthorized persons and the
Administrator gives written approval; or
    (2) Where the outdoor housing facility is protected by an effective
natural barrier that restricts the animals to the facility and restricts
entry by animals and unauthorized persons and the Administrator gives
written approval; or
    (3) Where appropriate alternative security measures are employed and
the Administrator gives written approval; or
    (4) For traveling facilities where appropriate alternative security
measures are employed; or
    (5) Where the outdoor housing facility houses only farm animals,
such as, but not limited to, cows, sheep, goats, pigs, horses (for
regulated purposes), or donkeys, and the facility has in place effective
and customary containment and security measures.

[36 FR 24925, Dec. 24, 1971. Redesignated at 44 FR 36874, July 22, 1979,
as amended at 64 FR 56147, Oct. 18, 1999]

[[Page 115]]

Sec. 3.128  Space requirements.

    Enclosures shall be constructed and maintained so as to provide
sufficient space to allow each animal to make normal postural and social
adjustments with adequate freedom of movement. Inadequate space may be
indicated by evidence of malnutrition, poor condition, debility, stress,
or abnormal behavior patterns.

                  Animal Health and Husbandry Standards

Sec. 3.129  Feeding.

    (a) The food shall be wholesome, palatable, and free from
contamination and of sufficient quantity and nutritive value to maintain
all animals in good health. The diet shall be prepared with
consideration for the age, species, condition, size, and type of the
animal. Animals shall be fed at least once a day except as dictated by
hibernation, veterinary treatment, normal fasts, or other professionally
accepted practices.
    (b) Food, and food receptacles, if used, shall be sufficient in
quantity and located so as to be accessible to all animals in the
enclosure and shall be placed so as to minimize contamination. Food
receptacles shall be kept clean and sanitary at all times. If self-
feeders are used, adequate measures shall be taken to prevent molding,
contamination, and deterioration or caking of food.

Sec. 3.130  Watering.

    If potable water is not accessible to the animals at all times, it
must be provided as often as necessary for the health and comfort of the
animal. Frequency of watering shall consider age, species, condition,
size, and type of the animal. All water receptacles shall be kept clean
and sanitary.

Sec. 3.131  Sanitation.

    (a) Cleaning of enclosures. Excreta shall be removed from primary
enclosures as often as necessary to prevent contamination of the animals
contained therein and to minimize disease hazards and to reduce odors.
When enclosures are cleaned by hosing or flushing, adequate measures
shall be taken to protect the animals confined in such enclosures from
being directly sprayed with the stream of water or wetted involuntarily.
    (b) Sanitation of enclosures. Subsequent to the presence of an
animal with an infectious or transmissible disease, cages, rooms, and
hard-surfaced pens or runs shall be sanitized either by washing them
with hot water (180 F. at source) and soap or detergent, as in a
mechanical 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 saturated live steam under pressure. Pens or
runs using gravel, sand, or dirt, shall be sanitized when necessary as
directed by the attending veterinarian.
    (c) 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. Accumulations of trash shall be placed in designated areas and
cleared as necessary to protect the health of the animals.
    (d) Pest control. A safe and effective program for the control of
insects, ectoparasites, and avian and mammalian pests shall be
established and maintained.

Sec. 3.132  Employees.

    A sufficient number of adequately trained employees shall be
utilized to maintain the professionally acceptable level of husbandry
practices set forth in this subpart. Such practices shall be under a
supervisor who has a background in animal care.

Sec. 3.133  Separation.

    Animals housed in the same primary enclosure must be compatible.
Animals shall not be housed near animals that interfere with their
health or cause them discomfort.

Secs. 3.134--3.135  [Reserved]

                        Transportation Standards

    Source: Sections 3.136 through 3.142 appear at 42 FR 31569, June 21,
1977, unless otherwise noted. Redesignated at 44 FR 36874, July 22,
1979.

[[Page 116]]

Sec. 3.136  Consignments to carriers and intermediate handlers.

    (a) Carriers and intermediate handlers shall not accept any live
animals 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 government
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 animal in a primary
enclosure which conforms to the requirements set forth in Sec. 3.137 of
the standards: Provided, however, That any carrier or intermediate
handler may accept for transportation or transport, in commerce, any
live animal 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 the consignor furnishes to
the carrier or intermediate handler a certificate, signed by the
consignor, stating that the primary enclosure complies with Sec. 3.137
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 animal without causing suffering or injury to such live
animal. A copy of such certificate shall accompany the shipment to
destination. The certificate shall include at least the following
information:
    (1) Name and address of the consignor;
    (2) The number of animals 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.
    (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 animal 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 animal for transportation in commerce,
stating that such live animal is acclimated to air temperatures lower
than those prescribed in Secs. 3.141 and 3.142. A copy of such
certificate shall accompany the shipment to destination. The certificate
shall include at least the following information:
    (1) Name and address of the consignor;
    (2) The number of animals 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
accrediation 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 animals 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

[[Page 117]]

document retained by the carrier or intermediate handler and on a copy
of the shipping document accompanying the animal shipment.

[42 FR 31569, June 21, 1977, as amended at 43 FR 21166, May 16, 1978.
Redesignated at 44 FR 36874, July 22, 1979, and amended at 44 FR 63493,
Nov. 2, 1979]

Sec. 3.137  Primary enclosures used to transport live animals.

    No dealer, research facility, exhibitor, or operator of an auction
sale shall offer for transportation or transport, in commerce, any live
animal in a primary enclosure which does not conform to the following
requirements:
    (a) Primary enclosures, such as compartments, transport cages,
cartons, or crates, used to transport live animals shall be constructed
in such a manner that (1) the structural strength of the enclosure shall
be sufficient to contain the live animals 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 animals
contained therein; (3) the opernings of such enclosures are easily
accessible at all times for emergency removal of the live animals; (4)
except as provided in paragraph (g) 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; (5) except as
provided in paragraph (g) 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
inch) between the primary enclosure and any adjacent cargo or conveyance
wall; and (6) except as provided in paragraph (g) 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 animal.
    (b) Live animals transported in the same primary enclosure shall be
of the same species and maintained in compatible groups. Live animals
that have not reached puberty shall not be transported in the same
primary enclosure with adult animals other than their dams. Socially
dependent animals (e.g., sibling, dam, and other members of a family
group) must be allowed visual and olfactory contact. Any female animal
in season (estrus) shall not be transported in the same primary
enclosure with any male animal.
    (c) Primary enclosures used to transport live animals shall be large
enough to ensure that each animal contained therein has sufficient space
to turn about freely and to make normal postural adjustments: Provided,
however, That certain species may be restricted in their movements
according to professionally acceptable standards when such freedom of
movement would constitute a danger to the animals, their handlers, or
other persons.
    (d) Primary enclosures used to transport live animals as provided in
this section shall have solid bottoms to prevent leakage in shipment and
still be cleaned and sanitized in a manner prescribed in Sec. 3.131 of
the standards, if previously used. Such primary enclosures shall contain
clean litter of a suitable absorbant material, which is safe and
nontoxic to the live animals contained therein, in sufficient quantity
to absorb and cover excreta, unless the animals are on wire or other
nonsolid floors.
    (e) Primary enclosures used to transport live animals, 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 Animal'' or

[[Page 118]]

``Wild Animal'', whichever is appropriate, 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.
    (f) Documents accompanying the shipment shall be attached in an
easily accessible manner to the outside of a primary enclosure which is
part of such shipment.
    (g) 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 31569, June 21, 1977, as amended at 43 FR 21166, May 16, 1978.
Redesignated at 44 FR 36874, July 22, 1979]

Sec. 3.138  Primary conveyances (motor vehicle, rail, air, and marine).

    (a) The animal cargo space of primary conveyances used in
transporting live animals shall be designed and constructed to protect
the health, and ensure the safety and comfort of the live animals
contained therein 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 animal 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
animal 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 animals 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 animals 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 animals unless proper
precaution is taken to prevent such injury.

Sec. 3.139  Food and water requirements.

    (a) All live animals shall be offered potable water within 4 hours
prior to being transported in commerce. Dealers, exhibitors, research
facilities and operators of auction sales shall provide potable water to
all live animals transported in their own primary conveyance at least
every 12 hours after such transportation is initiated, and carriers and
intermediate handlers shall provide potable water to all live animals at
least every 12 hours after acceptance for transportation in commerce:
Provided, however, That except as directed by hibernation, veterinary
treatment or other professionally accepted practices, those live animals
which, by common accepted practices, require watering more frequently
shall be so watered.
    (b) Each live animal shall be fed at least once in each 24 hour
period, except as directed by hibernation, veterinary treatment, normal
fasts, or other professionally accepted practices. Those live animals
which, by common accepted practice, require feeding more frequently
shall be so fed.
    (c) A sufficient quantity of food and water shall accompany the live
animal to provide food and water for such animals for a period of at
least 24 hours, except as directed by hibernation, veterinary treatment,
normal fasts, and other professionally accepted practices.
    (d) Any dealer, research facility, exhibitor or operator of an
auction sale offering any live animal to any carrier or intermediate
handler for transportation in commerce shall affix to the outside of the
primary enclosure used for transporting such live animal, written
instructions concerning the food and water requirements of such animal
while being so transported.
    (e) No carrier or intermediate handler shall accept any live animals
for

[[Page 119]]

transportation in commerce unless written instructions concerning the
food and water requirements of such animal while being so transported is
affixed to the outside of its primary enclosure.

Sec. 3.140  Care in transit.

    (a) During surface transportation, it shall be the responsibility of
the driver or other employee to visually observe the live animals 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 animals are in obvious physical distress and to
provide any needed veterinary care as soon as possible. When transported
by air, live animals 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 animals 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
animals are in obvious physical distress. The carrier shall provide any
needed veterinary care as soon as possible. No animal in obvious
physical distress shall be transported in commerce.
    (b) Wild or otherwise dangerous animals shall not be taken from
their primary enclosure except under extreme emergency conditions:
Provided, however, That a temporary primary enclosure may be used, if
available, and such temporary primary enclosure is structurally strong
enough to prevent the escape of the animal. During the course of
transportation, in commerce, live animals shall not be removed from
their primary enclosures unless placed in other primary enclosures or
facilities conforming to the requirements provided in this subpart.

Sec. 3.141  Terminal facilities.

    Carriers and intermediate handlers shall not commingle live animal
shipments with inanimate cargo. All animal holding areas of a terminal
facility of any carrier or intermediate handler wherein live animal
shipments are maintained shall be cleaned and sanitized in a manner
prescribed in Sec. 3.141 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 animals 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 animals 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
animal 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: Provided, however, That no live animal shall be subjected
to surrounding air temperatures which exceed 23.9 deg.C. (75 deg.F.) for
more than 4 hours at any time. To ascertain compliance with the
provisions of this paragraph, the air temperature around any live animal
shall be measured and read outside the primary enclosure which contains
such animal at a distance not to exceed .91 meters (3 feet) from any one
of the external walls of the primary enclosure and 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 56217, Dec. 1, 1978. Redesignated at 44 FR 36874, July 22, 1979]

[[Page 120]]

Sec. 3.142  Handling.

    (a) Carriers and intermediate handlers shall move live animals from
the animal holding area of the terminal facility to the primary
conveyance and from the primary conveyance to the animal holding area of
the terminal facility as expeditiously as possible. Carriers and
intermediate handlers holding any live animal in an animal holding area
of a terminal facility or in transporting any live animal from the
animal holding area of the terminal facility to the primary conveyance
and from the primary conveyance to the animal holding area of the
terminal facility, including loading and unloading procedures, shall
provide the following:
    (1) Shelter from sunlight. When sunlight is likely to cause
overheating or discomfort, sufficient shade shall be provided to protect
the live animals from the direct rays of the sun and such live animals
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 in Sec. 3.141 of this part, for a period of more than
45 minutes.
    (2) Shelter from rain or snow. Live animals 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 animals when the outdoor air temperature
falls below 10 deg.C. (50 deg.F.) and such live animals 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. 3.141 of this part, for a period of more than 45
minutes unless such animals are accompanied by a certificate of
acclimation to lower temperatures as prescribed in Sec. 3.136(c).
    (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 animal contained therein.
    (c) Primary enclosures used to transport any live animal 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 21167, May 16, 1978, as amended at 43 FR 56217, Dec. 1, 1978.
Redesignated at 44 FR 36874, July 22, 1979]