Animal Cruelty Law: Exempting Animal Testing?

Animal testing is a highly controversial topic, with many people questioning whether current animal cruelty laws are enough to protect the millions of animals used in experiments each year. In the US, the Animal Welfare Act (AWA) is the only federal law that regulates the treatment of animals in research, teaching, and testing. However, the AWA excludes approximately 95% of animals used in laboratories, including rats, mice, birds, fish, and reptiles, leaving them with little to no protection. While the AWA mandates minimum standards of care and treatment for certain animals, it is often ineffective due to inadequate enforcement and compliance. With animals enduring painful and harmful experiments, there is a pressing need to address the gaps in existing laws and provide comprehensive protection for all animals used in testing.

The Animal Welfare Act (AWA)

The AWA sets out minimum standards of care and treatment for certain animals used in research, teaching, or testing; transported commercially; or exhibited to the public. It requires that animals in these situations be provided with proper housing, treatment, veterinary care, food, and water.

However, it is important to note that the AWA excludes roughly 95% of animals tested on in laboratories, such as rats, mice, birds, fish, and reptiles. These animals are not afforded the protections provided by the AWA, and labs are not required to report on their use. This means that the majority of animals used in research do not benefit from the standards set out by the AWA.

The AWA is enforced by the United States Department of Agriculture (USDA), which is responsible for overseeing and inspecting laboratories that experiment on animals. However, the USDA has been criticized for its inadequate oversight, with reports indicating that even the minimal standards of the AWA are not being met. There are also a limited number of inspectors employed, making it challenging to effectively monitor all facilities.

Despite the protections offered by the AWA, animal testing can still involve harmful and distressing procedures for the animals involved. This has led to controversy and debate surrounding the practice, with advocates for animal welfare arguing that animals deserve consideration for their well-being and that accurate scientific results cannot be obtained from mistreated animals.

Overall, while the AWA provides some regulations for animal testing, there are gaps in its coverage, and it is important to continue striving for the humane treatment of animals in research.

The Public Health Service (PHS)

The PHS Policy applies to all PHS-conducted or supported activities involving animals, whether performed at a PHS agency, an awardee institution, or any other institution. This includes activities conducted in the United States, the Commonwealth of Puerto Rico, or any U.S. territory or possession. Institutions in foreign countries receiving PHS support for activities involving animals must comply with the PHS Policy or provide evidence that acceptable standards for the humane care and use of animals will be met. The PHS Policy does not affect applicable state or local laws or regulations that impose more stringent standards for the care and use of laboratory animals.

The PHS Policy outlines specific requirements for institutions conducting animal testing, including the establishment of an Institutional Animal Care and Use Committee (IACUC) to oversee the institution's animal program, facilities, and procedures. The IACUC is responsible for reviewing and approving research projects involving animals, ensuring compliance with the PHS Policy, and reporting any serious or continuing non-compliance.

The PHS Policy also addresses the care and treatment of animals used in testing, including requirements for minimizing discomfort, distress, and pain, the use of sedation, analgesia, or anesthesia, and humane euthanasia practices. The PHS Policy further emphasizes the importance of appropriate living conditions, veterinary care, and qualified personnel for conducting procedures on animals.

While the PHS Policy provides a regulatory framework for the humane care and use of animals in research, it has been criticized for lacking enforcement. The PHS relies on written assurance of compliance through the OLAW, and there is limited follow-up or on-site inspection when deficiencies are found.

Overall, the PHS Policy on Humane Care and Use of Laboratory Animals aims to ensure the appropriate treatment and care of animals involved in research and testing while also recognizing the importance of public health and the advancement of knowledge.

The United States Department of Agriculture (USDA)

The USDA's Animal and Plant Health Inspection Service (APHIS) is responsible for enforcing the AWA. APHIS licenses and registers animal businesses, such as circuses, breeders, and animal laboratories. While APHIS conducts annual inspections to ensure facilities are adhering to the AWA and associated regulations, the USDA's Office of Inspector General has repeatedly found that APHIS is not adequately inspecting facilities or enforcing the AWA.

The USDA employs only about 100 inspectors to oversee more than 9,000 facilities, including 1,200 animal experimentation labs. These inspectors are responsible for ensuring compliance across a range of facilities, including those involved in the exhibition, breeding, and dealing of animals, such as zoos, commercial dog breeders, and circuses. The USDA's limited resources and staffing have raised concerns about its ability to adequately fulfill its oversight role.

The USDA collects and makes publicly available annual reports from USDA-registered academic and industrial research facilities, as well as federal research facilities, on the numbers of vertebrate animals (excluding mice, rats, and birds) used for research. These reports provide a detailed view of trends in the usage of different animal species for research over time.

While the USDA plays a critical role in regulating animal testing, the AWA itself has limitations. The law excludes roughly 95% of the animals tested upon, such as rats, mice, birds, fish, and reptiles, providing only minimal protections for the remaining covered species. Additionally, the AWA does not prohibit any specific experiments, and researchers can exempt themselves from its protections if they deem it scientifically necessary. These factors have led to criticisms that the AWA and the USDA's enforcement of it are often ineffective in protecting laboratory animals.

The Association for Assessment and Accreditation of Laboratory Animal Care (AALAC)

The Association for Assessment and Accreditation of Laboratory Animal Care (AAALAC) is a private, nonprofit organisation that promotes the humane treatment of animals in science. It achieves this through a voluntary international accreditation program that is recognised around the world as a symbol of high-quality animal care and use for research, teaching, and testing.

AAALAC was established in 1965 as the American Association for Accreditation of Laboratory Animal Care by leading veterinarians and researchers. In 1996, the organisation changed its name to the Association for Assessment and Accreditation of Laboratory Animal Care International to reflect its recognition in other countries and its commitment to enhancing life sciences and quality animal care worldwide.

The AAALAC accreditation program evaluates animal care and use programs for research, teaching, and testing. Institutions that use animals for these purposes are eligible to apply for AAALAC accreditation, including universities, pharmaceutical and biotechnology companies, agricultural research programs, hospitals, government agencies, and nonprofit organisations. The program involves an in-depth, multilayered, confidential peer-review process, with the entire accreditation process kept confidential.

To become accredited, an institution must meet all applicable local and national regulations, as well as the standards outlined in the Guide for the Care and Use of Laboratory Animals, the Guide for the Care and Use of Agricultural Animals in Research and Teaching, and/or the European Convention for the Protection of Vertebrate Animals Used for Experimental and Other Scientific Purposes, which go beyond the minimums required by law. The standards in the Guide exceed what is required by law, and AAALAC relies on these three primary standards for evaluating laboratory animal care and use programs.

AAALAC's Council on Accreditation (CoA) is a group of volunteer experts responsible for evaluating animal care and use programs and determining accreditation status. The CoA is comprised of more than 60 qualified and experienced animal care and use professionals and researchers from around the globe, who conduct site visits to evaluate programs and determine accreditation. The accreditation process includes an initial review of the application and program description, followed by an onsite evaluation, and finally, the CoA's review and determination of accreditation status.

The possible categories for accreditation range from full accreditation to probation or revocation of accreditation. Accredited institutions must observe any and all statutes and governmental regulations that bear upon animal care and use, and promptly notify AAALAC of significant adverse events.

Institutional Animal Care and Use Committee (IACUC)

The Institutional Animal Care and Use Committee (IACUC) is a committee required by federal regulations for institutions that use animals in research, teaching, and testing. The committee has a key oversight role, including reviewing and approving animal use activities, and inspecting animal facilities. The IACUC is responsible for ensuring the humane care and use of animals in these settings.

The IACUC's responsibilities include reviewing, at least semiannually, the institution's program for humane care and use of animals, inspecting the animal facilities, and preparing reports on their evaluations. They are also authorised to review and address animal welfare concerns, make recommendations to the Institutional Official (IO), and approve or withhold approval for activities related to animal care and use. The committee can also suspend an activity involving animals if they find non-compliance with relevant policies and regulations.

The IACUC membership must consist of at least five members, including a veterinarian with experience in laboratory animal science, a practicing scientist experienced in animal research, a member with non-scientific concerns (such as an ethicist or lawyer), and a member who is not affiliated with the institution.

The IACUC plays a crucial role in ensuring the ethical treatment of animals used in research, teaching, and testing. They are responsible for interpreting and applying federal regulations and policies, such as the Animal Welfare Act (AWA) and the Public Health Service Policy (PHS Policy), to ensure the welfare of animals. The committee's work is often criticised by both researchers, who may view them as inconsistent, and animal rights activists, who argue that their oversight is inadequate.

The IACUC is just one component of the regulatory framework surrounding animal testing. Other federal agencies, such as the United States Department of Agriculture (USDA) and the Public Health Service (PHS), also play a role in overseeing and enforcing standards of animal care and use.

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