Animal
Welfare Act (hereafter
referred to as 'THE ACT').
The U.S Department of Agriculture (hereafter referred to as the USDA) requires businesses that either
buy or sell warm-blooded animals, exhibit them to the public, transport them
commercially, or use them in teaching or experiments, must be licensed or
registered. Failure to become licensed or registered is a punishable violation of
‘THE ACT'.
People,
Universities, Companies, etc., that fall under THE ACT.
1.
Animal
Dealers - sell animals bred at their facility. Ex. Pet and
laboratory animal breeders and brokers, auction operators, and everyone who
sells exotic or wild animals, or dead animals or their parts.
a. 1970 Amendment
i.
Amended to include all warm-blooded
animals used in testing, experimentation, exhibition, as pets or sold as pets.
ii.
Basic treatment was expanded
to include humane and reasonable handling of the animals, and required shelter
from weather and temperature extremes, proper ventilation, adequate housing,
decent sanitation, and adequate veterinary care at all stages in the animal's
life.
2.
Exhibitor
-
displays animals to the public. Exhibitors include zoos, educational displays
or exhibits, marine mammal shows, circuses, carnivals, and animal acts.
a. 2013 - An Act to Amend
'THE ACT' to Modify the Definition of
'Exhibitor',"
i.
Added an owner of a common, domesticated
household pet who derives less than a substantial portion of income from a non-primary
source for exhibiting an animal that exclusively resides at the residence of
the pet owner.
3.
Transporters
-
move animals from one location to another.
a.
1976
Amendment
i.
Amended to further regulate animal
treatment during transportation.
ii.
Animals were to be kept in adequately
sized traveling accommodations, and to be kept from fighting amongst one
another.
4.
Research
Facilities - use animals for experimentation, surgery, or
testing purposes. Research facilities include state and local government-run
research laboratories, universities, and colleges, diagnostic laboratories, and
pharmaceutical firms.
a. 1985 Amendment
i.
Amended in the Food Security
Act.
ii.
it is not permitted for a single animal to
be used in more than one major operative experiment, from which it was also
allowed adequate time to recover as guided by a veterinarian with proper
training.
iii.
This amendment directed new minimum
standards for the handling, housing, sanitation, feeding, and other care
practices.
iv.
The psychological well-being of the
animals was now taken into consideration, as it never had been before. One
provision that stood out at this time was the requirement for the exercise of
dogs and psychological well-being of primates.
v.
The law also requires research facilities
to be able to describe 'painful practices' as well as implement practices that
minimize pain and stress to the animals.
vi.
Each research facility to establish an
'Institutional Animal Care' committee to oversee research proposals and provide
oversight of animal experimentation.
5.
Research
Facilities Exempt
from registration:
a. Federal
facilities
b. Elementary
and secondary schools
c. Federal
facilities
d. Agricultural
research institutions
6.
1990
Amendment
i.
Amended by adding 'SEC. 2503',
"Protection of Pets”. This section established a holding period for cats
and dogs of not less than 5 days at a holding facility of the dealer, so that
the animal could be adopted or recovered by their original owner before it is
sold.
ii.
The provision applies to operated pounds,
research facilities, or private organizations.
iii.
It also requires that a written
certification with the animal's background be provided to the recipient.
iv.
Details should include a description of
the animal, history of the animal's transfers, records, and modifications, and
signatures from the dealer and recipient.
7.
Exclusions
from THE ACT:
a. Birds, rats, mice, horses, and "other
farm animals" were excluded from its protection as initially legislated in
1966.
i.
2002
Amendment
1. Title
X, Subtitle D, of the 'Farm
Security and Rural Investment Act'
a. Amended
'THE ACT' of 1966 by changing the definition of 'animal'.
b. Section 2
of 'THE ACT' was amended by changing exclusions specifically to birds, rats,
and mice to use in research.
b. Also
excluded from THE ACT
i.
The following animals killed prior to
usage, so long as they are killed humanely
1. frogs
used in a biology class
8.
2008
- The
Food, Conservation, and Energy Act'
a. amendments
prohibited dog imports for resale unless they were at least six months of age,
have all necessary vaccinations and are in good health.
In 2015, NY Times published an exposé by Michael Moss on
the mistreatment of research animals at the U.S. Meat Animal Research
Center.
The U.S.
Meat Animal Research Center (hereafter called 'The Animal Research Center')
is a complex of laboratories and pastures that sprawls over 55 square miles in
Clay Center, Neb. ...The Animal Research Center has one overarching mission:
helping producers of beef, pork and lamb turn a higher profit.
"THE ACT
— aimed to minimize suffering, yet left a
gaping exemption: FARM ANIMALS used in research to benefit agriculture.
...The USDA strictly polices the treatment of animals at slaughterhouses and
private laboratories. But it does not enforce its own rules requiring careful
scrutiny of experiments.
The NY Times interviewed two dozen current and former
Animal Research Center employees, and reviewed thousands of pages of internal
records obtained under the FOIA. The Animal Research Center’s director, E. John
Pollak, declined to be interviewed
Sheep
occupy a particularly low rung at The Animal Research Center. ...The Animal
Research Center puts sheep through its boldest, most tenacious experiments.
"Easy Care" Sheep:
instead of wool, the animals grow fine hair that regularly falls out.
The mother sheep (ewes)
are notorious for abandoning their newborns; The Animal Research Center began
sending pregnant sheep out to open pastures in hopes of identifying those that
would nurture their babies
Predictably, many ewes in
the experiment ignored their lambs. And the scientists withheld help for the
newborns; leaving them in the pastures until death, to test whether mothers
would respond to the young ones’ growing desperation.
Cristiano Bouéres, a
visiting student from Brazil; “Some days, up to 40% of the lambs were dead, some
of those still alive were in bad condition, separated from the moms, and they
would be dead the next morning,”
Coyotes often got to them
first. The experiment’s lead scientist, Kreg A. Leymaster, beseeched The Animal
Research Center’s director for help after 12 lambs were killed in 4 days.
Dr. Keen, the
veterinarian who had contacted The Times, questioned the logic of expecting
domestic animals to perform like wild ones.
“Because we’ve already
bred all of the wild out of them,” he
said. “And they’ve been trying for 10 years.”
Out in the fields, the
hailstorm sent the next day’s body count soaring to 110.
The experiment has drawn
interest from sheep-industry publications. But while the potential for higher
profits is exciting, the concept of withholding care is bound to be unthinkable
to most sheep growers.
A Cornell professor of
animal science said the university panel that oversees his work would not have
let him ignore vulnerable lambs. “There is no reason to allow animals to have
that kind of suffering,”
Dr. Keen said, he got a call from a fellow worker
asking him to help with a “downed cow.”
“There was a young cow
with as many as six bulls. The bulls were being studied for their sexual
libido, and normally you would do that by putting a single bull in with a cow
for 15 minutes. But these bulls had been in there for hours mounting her.”
The cow’s head was locked
in a cage-like device to keep her immobile, he said. “Her back legs were
broken. Her body was just torn up.”
Dr. Keen wanted to
euthanize the animal, but the scientist in charge could not be tracked down for
permission. A few hours later, the cow died.
Dr. Keen and co-workers
recounted other instances they said attested to the same problem: a recurring
failure to fully consider the pain that animals suffer during experiments, or
in everyday life at The Animal Research Center.
The
Animal Research Center has about 30,000 animals, tended by 44 scientists, 73
technicians and other support workers. The scientists, who do not have
medical degrees (and their assistants) euthanize and operate on
livestock, sometimes doing two or more major surgical operations on the same
animal.
Robert A. Downey, executive director of the Capital
Humane Society, alerted by the staff, complained to The Animal Research Center
director. “Experimental surgery is being performed in some (not all) cases by
untrained, unskilled and unsupervised staff. This has resulted in the
suffering of animals and in some cases the subsequent death of animals.”
John Klindt, a scientist who retired in 2008, defended
his fellow researchers in an interview, saying,
"A VET HAS NO
BUSINESS COMING IN AND TELLIN YOU HOW TO DO IT.
SURGERY IS AN ART YOU GET
BY PRACTICING.”
The Animal Research
Center does not have the veterinarians to be present during experiments,
even if it wanted them to; there are no vets at The Animal Research
Center.
Dr. Laegreid, who directs
the veterinary science program at the University of Wyoming, “There is always
this issue,” he said. “‘You damn
veterinarians think you know better.’ ”
...barns
so stuffed with pigs that workers could not clean them,
resulting in spates of diarrhea and respiratory disease. “This is a scheduling
nightmare,” wrote Dr. Jones. “We have pigs everywhere.”
...the renowned animal welfare
expert 'Temple Grandin' gave The Animal Research Center a
report suggesting ways to treat cattle more humanely. Ronda Jaeger, who
helped manage the cattle herd, said her supervisor had a different
reaction. “He tore the papers up,” she said.
An animal manager, Devin
M. Gandy, complained in 2012 that swine were kept in pens so small, 4 feet by 4
feet that they appeared to violate basic rules on animal care. He got
an email reply from the experiment’s lead scientist saying the pigs had enough
room, adding, “A lot of time has been
wasted addressing a nonissue.”
As
for Dr. Keen, his attempts to raise alarms culminated
in May, when, he said, his university supervisor told him he would
no longer be allowed in The Animal Research Center, citing a USDA
report that Dr. Keen had accompanied a reporter inside the secure complex.
Animal Research Center
officials say they did not issue such an order, and the university has declined
to comment.
But the USDA gives only a broad-brush review to The
Animal Research Center’s work, which is EXEMPT FROM 'THE ACT'. Details of the
experiments are left for The Animal Research Center itself to evaluate.
To
make sure that examination takes place, the USDA
requires that The Animal Research Center appoint a review committee that holds
regular meetings, keeps minutes and approves or rejects each experiment after
carefully evaluating animal safety.
The Nebraska Animal Research Center, when asked for the minutes of
every committee meeting in the past decade, provided just 6
sentences describing a single session last April.
The Animal Research
Center said, the experiments are 'informally' discussed, and then formally
approved, by scientists, the staff veterinarian, and other employees.
A NYTimes examination of
850 experimental protocols since 1985 showed that the approvals were typically
made by 6 or fewer staff members: the lead researchers for the experiment.
The few questions asked
dealt with scheduling and the availability of animals.
The language in 'THE ACT' protocols is revealing.
While the words “profit” or “production efficiency” appear 111 times, “pain”
comes up only twice.
By contrast, the
University of Georgia has its researchers answer a questionnaire for each
experiment that uses “pain” or “distress” 37 times.
Its 17-member review
panel includes a lawyer for an animal welfare advocacy group.
The university’s director of research compliance,
Christopher S. King, and a prominent animal researcher, Joseph Thulin, reviewed
several of The Animal Research Center’s protocols for this article and found
them lacking in critical details, like how to perform life-threatening
procedures, and guidelines for when to stop an experiment if animals were
suddenly in jeopardy.
“These would not pass
muster at many institutions,” said Dr. Thulin, a veterinarian who directs the
Biomedical Resource Center at the Medical College of Wisconsin.
University of Nebraska-Lincoln’s farm-animal unit
joined the 'Association for Assessment and
Accreditation of Laboratory Animal Care International', which
conducts animal-welfare inspections and audits for more than 900
schools and businesses. Because the university owns animals at The Animal
Research Center, the auditors are empowered to visit there as well.
The Animal Research Center and the university quietly
reached an agreement in 2013 to transfer ownership of most of the animals to
The Animal Research Center ...a retired university veterinarian and
scientist who sits on its animal care committee, said the change occurred
because the school was seeking accreditation, which imposes stringent
requirements.
“[our] control over the
animals out there was not acceptable to the USDA,” Dr. White said.
When the American
Meat Science Association met in 2013, a scientist from the Nebraska Animal
Research Center gave a presentation comparing the two chief methods for killing
pigs — one with anesthesia and one without. His goal was to identify which
produced the more tender meat?
The next day, speaker
after speaker urged a different yardstick for raising and killing animals:
Which methods caused the
least suffering?
The annual conference, financed by Oscar Mayer, had
turned over half of its schedule to the biggest new challenge facing the meat
industry: the growing consumer demand for humanely raised products.
Tyson Foods suppliers
must now use pain medicine when they castrate or
remove the tails of pigs, and to stop putting pigs in pens so small they cannot
move.
Whole Foods
are refusing to buy fresh meat from sources that do not meet their standards
for animal welfare.
Universities that conduct
experiments for the meat industry are also asking whether their research has
overstressed animals. “We know we need these animals to be productive, but we
also need to know if we’ve pushed them too far,” said Janice Swanson, chair-woman
of the behavior and welfare unit of the 'Department of Animal Science' at
Michigan State University.
...at the Nebraska Animal
Research Center, the staff veterinarian circulated a news report about Tyson’s
demands on its suppliers.
When the USDA issued stricter
rules last year on animal handling in meat-processing plants (The Animal
Research Center runs a small one), one scientist asked about The Animal
Research Center’s practices.
“I don’t know to what
extent we are emphasizing training for humane animal handling,” he wrote to the
director.
Animal
Research Center officials say animals’ well-being is
served by much of their research, including efforts to fight a type of
pneumonia endemic to sheep, and to help ranchers reduce heat stress in cows.
“Production research and animal welfare research do not have to be mutually
exclusive,” they wrote.
Sometimes, though, the two seem at odds.
The
new attention to animal welfare has struck one Animal
Research Center worker as an opportunity, records show. In 2017, Katherine Whitman, a University of
Nebraska veterinarian who works at The Animal Research Center, proposed an
experiment to find more effective pain medicine for two common procedures on
sheep: tail removal and castration.
Her budget was a modest
$3,524, mostly for tests to measure stress and pain. And the goals she pitched
were practical: Not only would the animals benefit, she wrote, but the findings
could also help the meat producers show they cared about pain management, which
“will likely be a demand placed on the industry by consumers in the near
future.”
Her proposal was turned
down by Mr. Leymaster, The Animal Research Center’s sheep
expert.
“Sheep research, he
responded in an email, had only two objectives: fighting pneumonia, and
enhancing “the competitiveness, profitability, and sustainability of lamb
production with reduced labor inputs.” That is, the experiment to breed “easy
care” sheep.
Another reason for the
denial: The Animal Research Center said it lacked the expertise
to assess the pain felt by animals.
Rebuttle from long-time Cowboy:
This week
the New York Times carried an article, entitled “U.S. Research Lab Lets
Livestock Suffer in Quest for Profit,” that took the U.S. Meat Animal Research
Center (MARC) http://beefmagazine.com/cattle-genetics/us-marc-releases-across-breed-epd-figures
At Clay
Center, Neb., to task for its treatment of animals.
I’m a
political junkie, so I’m no stranger to one-sided arguments. The article on the
Animal Research Center, however, wasn’t presented as an editorial or identified
as having a political slant; it was presented as “unbiased” reporting.
However,
the article was so fundamentally flawed that anyone with knowledge of the
Animal Research Center and the people who work there realized it was so biased
and agenda-driven as to be nonsensical.
The
reality is that, as presented, outrage is the proper emotion to expect from
those whose only exposure to the Animal Research Center is what was presented
in the article. I don’t know if the author and editorial team are just
uninformed or are agenda-driven http://beefmagazine.com/blog/agriculture-can-t-allow-outsiders-define-sustainability,
But the immorality and injustice of the
article is nonetheless the same.
The
article included the same mantras and rhetoric of the anti-livestock industry
folks, http://beefmagazine.com/blog/should-ag-make-such-fuss-about-negative-media-attention
Including the same old anti-capitalistic,
anti-large business themes. After reading the anti-meat propaganda,
environmental propaganda, and appreciating the nexus that now exists between
these organizations in their messaging, I would guess that this article was shaped
and formed by those who hold that perspective.
Sadly, the
production of this article also had to have substantial inside information. An
individual could not distort the data to the level of distortions that were
made without intimate knowledge. Certainly, the industry never will condone any
mistreatment of animals, but reading this article made it painfully obvious to
me that, when taken out of context, selective descriptions manipulated properly
can become very effective ammunition against our industry.
Animal welfare http://beefmagazine.com/blog/okay-i-ll-say-it-beef-industry-has-animal-welfare-problem
is the
most effective way to attack our industry. One of the greatest challenges we
face as an industry is to more effectively describe who we are and what we do.
I’m convinced it’s a story that accurately and properly will elicit support.
However, at this time, that story is neither well understood nor the story that
most people are hearing.
Will the
New York Times move the needle in a major way? Probably not, but it’s another
nick added to all the others. If the beef and livestock industries are going to
more effectively combat such attacks, we have to understand and really
appreciate the role of politics, media and science in this battle.
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