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Laws, Policies, and Standards Affecting the Care and Use of Laboratory Animals in Research and Teaching
Individual faculty members who use animals in their research or teaching
(including those whose research consists of field work involving animals)
are, by law, accountable for conforming to the basic regulations and policies
governing animal use on the UT Memphis campus. These regulations
and policies cover:
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the acquisition, care and use of animals
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efforts to minimize animal pain and distress
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the training of personnel using animals
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consideration of alternatives to animal use
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methods whereby deficiencies in animal care and treatment are reported
The privilege of using animals for research and teaching is accompanied
by both ethical and legal responsibilities to use them in humane ways and
in appropriate numbers. The use of animals in research and teaching is
heavily regulated by federal, state, and local laws. These laws and regulations
are the result, in part, of the pressures of animal activists groups and
the failure of a few members of the scientific community to deal appropriately
with animals. For their own protection, and for the protection of their
institution, investigators who use animals must know, understand, and comply
with applicable laws, and they are responsible for instructing their students
and employees. The laws governing the use of animals, like those governing
other regulated activities (e.g., the dispensing of controlled substances)
are framed to ensure compliance via both civil and criminal laws; failure
to comply can carry penalties that range from substantial fines to "cease
and desist" orders which can suspend all research using animals at the
offending institution and all funding for research. These regulations are
typically applied against an entire institution, thus the innocent are
punished as well as the guilty. These regulations are not subject to negotiation
or individual interpretation by investigators. Both the professional reputation
and the financial well-being of institutions which have failed to comply
have suffered. For these reasons, the prudent investigator will be attentive
to complying with these regulations and will encourage colleagues to do
the same.
As a matter of educational policy, faculty who do not themselves use
animals should be aware of these regulations and policies since their students
may use animals at a later time. Likewise, instruction of students in proper
animal use is an essential component of graduate education in the biological
and biomedical sciences.
Selected Laws and Regulations
The Federal Animal Welfare Act (7 U.S.C. 2131 et seq...........)
was passed in 1966 and has been amended four times; the latest in 1990.
See the APHIS website for the AWA
and recent APHIS alerts! This law requires that any school, institution,
organization, or person that uses or intends to use live animals in research,
tests, experiments, or teaching must be registered with the USDA and comply
with the Animal Welfare Regulations. The law covers any warmblooded animal
being used or intended for use for research, teaching, testing, experimentation
or exhibition purposes. The current regulations exempt rats, mice, and
birds. It is anticipated that in the near future, rats, mice, and birds
will become regulated by the USDA.
As a registered research facility, the University of Tennessee, Memphis
is regulated by the U.S. Department of Agriculture and complies with the
Federal Animal Welfare Regulations. The Animal Welfare Act and the regulations
which promulgate it contain specific requirements regarding the Institutional
Animal Care and Use Committee, personnel qualifications, veterinary care,
recordkeeping, as well as standards for animal health and husbandry. As
part of their duties, the Institutional Animal Care and Use Committee reviews
the university's program of humane care and use of laboratory animals and
makes recommendations to the institutional official on matters involving
compliance with regulations. The Committee is composed of a Chairman, a
laboratory animal veterinarian, an unaffiliated member, a nonscientific
member, and members who are scientists experienced with animal research.
One of the Congressional mandates of the 1985 amendment to the AWA is
that investigators consider alternatives to painful procedures and assurance
that pain and distress are minimized or avoided unless scientifically justified
for research needs. As part of this amendment, Congress required the Secretary
of Agriculture to establish the Animal Welfare Information Center at the
National Agricultural Library to assist in searching for alternatives and
other information that would help reduce or alleviate pain and distress
in research animals.
Two additional requirements of the 1985 amendment pertain to providing
nonhuman primates with an environment adequate to their psychological well
being and providing dogs with the opportunity to exercise. The University
of Tennessee, Memphis has implemented specific programs to ensure compliance
with these requirements.
Each year the University is required to submit an annual report to the
USDA, signed and certified by the institutional official (Chancellor or
his designee) reporting the number and species of animals used by the University
and whether pain relieving drugs were utilized as necessary or withheld
because of research interference. This report also certifies that the University
has complied with the regulations. Once submitted to the USDA, this report
is accessible to the public through the Freedom of Information Act, as
are reports generated from USDA compliance inspections.
Unannounced facility inspections are performed by the USDA to assess
compliance with the regulations. As part of a compliance inspection, any
area where animals are housed or used (i.e. investigator labs) are subject
to inspection. Areas which are closely scrutinized during a compliance
site visit by the USDA are survival surgical procedure areas, especially
those which utilize larger animals such as dogs, cats, and pigs; nonhuman
primate studies; and other studies which may involve pain or distress.
From an animal care and regulatory standpoint, it is important that all
survival surgical procedures utilize aseptic techniques and that major
operative procedures in non rodents are conducted in dedicated surgical
facilities such as those located in the DCM's Nash facility, Coleman facility,
or the Department of Surgery's animal surgery facility. Equally important
are the procedures, techniques, monitoring, etc. involved in post-anesthesia
and post-surgical care. Areas of non-compliance are noted and correction
deadlines are given. Repeated noncompliance or blatant violations that
compromises the health or well-being of an animal are submitted for civil
penalties or prosecution through the administrative law system.
The PHS Policy
Health Research Extension Act--discussed under PHS Policy and NIH
Guide (Laws and Regulations).
National Institutes of Health require all institutions which receive
Public Health Service support to comply with the PHS
Policy on Humane Care and Use of Laboratory Animals and the NIH
Guide for the Care and Use of Laboratory Animals.
As a PHS grantee institution, the University of Tennessee, Memphis maintains
a letter of assurance on file with the Office of Protection from Research
Risks at the NIH. This document, which is signed and certified by the Chancellor,
assures the University's compliance with the Policy and guidelines. In
a manner similar to the USDA animal welfare regulations under the AWA,
the PHS policy implements the requirements of the 1985 Health Research
Extension Act. As with the AWA, the PHS requires an IACUC and specific
requirements regarding veterinary care, etc. For more information regarding
the Federal Animal Welfare Act and the USDA regulations or the PHS Policy
and the NIH Guide, please contact the Department of Comparative Medicine.
AAALAC International
In July, 1993, The University of Tennessee Memphis was granted full accreditation
by the Association for Accreditation and Assessment of Laboratory Animal
Care International (AAALAC). AAALAC
is a non-profit organization directed by 48 research, educational, and
health organizations. Accredited facilities must submit annual reports
and have their program and facilities evaluated for compliance with the
requirements and recommendations of the NIH Guide for the Care and Use
of Laboratory Animals at least every three years.
This voluntary accreditation signifies that the University Program for
the Care and Use of Laboratory Animals as having the highest recognition
for its programs. The NIH Guide is the bible that we all use for assuring
that standards are at the Gold Star level. This document was recently revised
in July 1996 and all university activities using animals must be in compliance
with new Guide by Jan 1, 1997
Other Regulatory Agencies and Policies
The use of specific animals (e.g., nonhuman primates, ferrets, Xenopus
toads), certain procedures (e.g., drug or device testing, use of biohazardous
agents or radioactive isotopes, carcinogens, etc.), may be subject to additional
regulation at the federal, state, or institutional level.
Laws Affecting Collection, Importation, Exportation, and Shipment of Animals
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Public Health (USPHS)
and
Center
for Disease Control (CDC)--Imported animals must be free from evidence
of communicable diseases.
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Dogs--Rabies, Echinococcus
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Nonhuman Primates--Tuberculosis, Yellow Fever, Monkey Pox, Marburg-Ebola
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Turtles--Salmonella
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Psitticine Birds--Psittacosis
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(USDA-APHIS)--Diseases of
domestic livestock and poultry. Permit required to import ruminants, swine,
poultry and other birds, other hoofstock. Permit required to import organisms
or vectors, tissue cultures, cell lines, blood, serum, other animal products
that could serve as a vector for animal pathogens i.e., fetal calf serum,
polyclonal antibodies, animal tissue.
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Cattle--Bovine Spongiform Encephalopathy, FMD, Rinderpest
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Sheep--Scrapie, FMD, Rift Valley Fever
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Swine--African Swine Fever, Hog Cholera, FMD
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Fowl--Avian Influenza, Exotic Newcastle Disease
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Endangered Species and Damaging (Pest) Species (USDI-USFWS)
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Lacey Act--Harmful species i.e. Multimammae rat (Mastomys
sp.), European rabbits (Oryctolagus sp.) that could be agricultural
pest if released into wild.
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U.S. Endangered Species Act and Convention on International Trade in
Endangered Species (CITES) i.e. chimpanzee, gibbons, lemurs, other
NHPs.
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Marine Mammal Protection Act--covers all marine mammals (USDI-USFWS)
and (NOAA-NMFS) i.e. dolphins, whales, sea lions.
Federal Agencies and Regulations-additional
The Centers for Disease Control and Prevention
(CDC) regulate the importation of all nonhuman primates into the United
States. Only organizations or individuals registered with the CDC may import
nonhuman primates or receive them within a 31 day period of their arrival
in the U.S. Importers are registered for a two-year period and importers
must comply with CDC record-keeping and reporting requirements.
The
Fish and Wildlife Service (Department of the Interior) is the federal
agency charged with enforcing the Endangered Species Act and the Convention
on International Trade in Endangered Species of Fauna and Flora (CITES).
These regulations designate endangered or threatened species and, with
limited exceptions, prohibit their use. Institutions which seek to use
species covered by the Act for scientific research must obtain a permit
from the Federal Wildlife Permit Office. If an institution needs to import
or export an endangered or threatened species, appropriate documents must
be obtained in advance as required by CITES.
The Animal and Plant Inspection
Service (APHIS), an office of the United States Department of Agriculture
(USDA), requires that individuals who intend to import animal materials
into the United States must obtain an appropriate permit. To obtain information
on the importation of biological materials of animal origin or derivation,
contact the Import-Export Product Staff of APHIS' Veterinary Service Program
at (301) 436-7885. Contact DCM 448 5656 for assistance.
The Drug Enforcement Act (Public Law 93-205) is enforced by the Drug
Enforcement Administration (DEA) of the Department of Justice. This Act
requires appropriate security and record management of substances considered
to be potentially addictive or habituating for human and animal use.
The Food and Drug Administration (FDA)
is involved in the regulation of animal care because it sets standards
for the testing of foods, drugs and other chemicals which will be used
by or come into contact with humans. Federal regulations require animal
testing for toxicity or carcinogenicity before these substances are approved
for human use. The FDA established Good Laboratory Practices (GLP) regulations
under which this testing is done. The regulations require extensive documentation
and quality assurance procedures for facets of animal care including quarantine
and isolation, disease diagnosis, animal identification, routine animal
husbandry, caging, sanitation, and training and qualifications of personnel
working with animals.
State Agencies and Regulations State Laws--All states
and the District of Columbia have anticruelty laws. Some states have additional
regulations addressing animals in medical research. TN has a research vivarium
vandalism statute. Several states and cities (Memphis) have laws regulating
the release of pound animals for research purposes.
Contact DCM for specifics on interstate and intrastate information.
Field Research Guidelines
With the revision of the Public Health Service (PHS) Policy in 1986, the
National Science Foundation announced that it would require investigators
to comply with PHS Policy and that the Policy would apply to all vertebrate
animals including field, as well as laboratory research. In addition, the
recent enactment of the Amendment to the Animal Welfare Act emphasizes
that all warm-blooded wild or exotic animals used for research, teaching,
testing, and field studies when such studies involve an invasive procedure
or alter the animals' behavior, are included under the regulations of the
Animal Welfare Act.
Both federal law and the PHS Policy mandate the Institutional Animal
Care and Use Committee (called the IACUC at UT Memphis) review the proposed
use of wild or exotic animals for accepted humane policies involving field
and/or laboratory research with vertebrate animals.
These guidelines for field research were formulated by the relevant
professional societies including the mammologists, ornithologists, herpetologists,
and ichthyologists. The guidelines, in general, deal with issues such as
collection procedures, humane methods of euthanasia, identification practices,
methods for collection of tissue and blood samples in the field, and transport
and release of specimens. Guidelines can be obtained by contacting the
DCM as to this area.
The IACUC's primary concern when reviewing the use of any animal in
laboratory or field research or for educational use is the humaneness of
the intended study. Members of the IACUC use the U.S. Government Principles
for the Utilization and Care of Vertebrate Animals Used in Testing, Research
and Training (shown above) when reviewing proposed animal studies since
they apply to all vertebrate animals regardless of the location or conditions
of the intended study.
U.S. Government Principles for the Utilization and Care of Vertebrate Animals
Used in Testing, Research, and Training
The following principles were developed by the U.S. Government's Interagency
Research Animal Committee. Both PHS Policy and Stanford University policy
require that all research and teaching uses of animals conform to these
Principles, which are reproduced below:
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The transportation, care and use of animals should be in accordance with
the Animal Welfare Act (7 U.S.C. 2131 et seq) and other applicable Federal
laws, guidelines and policies.
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Procedures involving animals should be designed and performed with due
consideration of their relevance to human or animal health, the advancement
of knowledge or the good of society.
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The animals selected for a procedure should be of an appropriate species
and quality and the minimum number required to obtain valid results. Methods
such as mathematical models, computer simulation, and in-vitro biological
systems should be considered.
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Proper use of animals, including the avoidance or minimization of discomfort,
distress, and pain when consistent with sound scientific practices, is
imperative. Unless the contrary is established, investigators should consider
that procedures that cause pain or distress in human beings may cause pain
or distress in other animals.
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Procedures with animals that may cause more than momentary or slight pain
or distress should be performed with appropriate sedation, analgesia, or
anesthesia. Surgical or other painful procedures should not be performed
on unanesthetized animals.
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Animals that would otherwise suffer severe or chronic pain or distress
that cannot be relieved should be painlessly killed at the end of the procedure,
or, if appropriate, during the procedure.
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The living conditions of animals should be appropriate for their species
and contribute to their health and comfort. Normally the housing, feeding,
and care of all animals used for biomedical purposes must be directed by
a veterinarian or other scientist trained and experienced in the proper
care, handling, and use of the species being maintained or studied. In
any case, veterinary care shall be provided as indicated.
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Investigators and other personnel shall be appropriately qualified and
experienced for conducting procedures on living animals. Adequate arrangements
shall be made for their in-service training, including the proper and humane
care and use of laboratory animals.
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Where exceptions are required in relation to the provisions of these Principles,
the decisions should not rest with the investigators directly concerned
but should be made, with due regard to Principle II, by an appropriate
review group such as the institutional animal research committee. Such
exceptions should not be made solely for the purposes of teaching or demonstration.
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