mber or to appear on the copy of the recorda companying the shipment. One day of the record containing the informe tion required by paragraphs (8) 2x the research facility. % ) (42 FR 31026, June 17, 1977, as amendeda 48 FR 57471, Dec. 30, 1983) make, shall make, keep, and maintain spre tems of records or forms which full r cat is and correctly disclose the following i formation concerning each anime se dis consigned for auction, whether or mai tation, & fee or commission is charged: (1) The name and address of the ion in person who owned or consigned the 1 com animal for sale and his USDA license e han number, if licensed under the Act; onvey. (2) The date of the consignment; dog or (3) The official USDA tag number a ch pri tattoo assigned to the animal pursuan to $$ 2.50 and 2.54; which shall include: (1) The species of the animal; (11) The sex of the animal; n its posses- 5) are forms which may be used by r (iv) The breed or type of the ani- name of the pe Ecluding any search facilities upon which to keep mals, if a dog or cat. signee, as provi e dog or cat and maintain the information required (5) The auction sales number as- (b) In connec nder its con- by paragraph (a) of this section. The signed to the animal; cats, or nonhun USDA Individual Health Certificat (6) The name and address of the for transportat ress of the and Identification Form (VS Form I buyer of the animal and his license any carrier or quired to be the USDA Multianimal Health Certi number, if licensed under the Act. by any dealer, (b) One copy of the record container the Act, cate and Identification Form (1 hibitor, operator ing the information required by paraor cat was Form 18–2), and Record of Disposa department, age graph (a) of this section shall be given quired and tion of Dogs and Cats and (VS Fon ty of the United to the consignor of each animal, one sed under 18-6) are forms which may be used by or local governm copy of the record shall be given to research facilities upon which to keep rier or intermedia the purchaser of each animal: Proon of each and maintain the information requiri vided, however, and maintain a c That information tification comple number or (d) One copy of the record contair § 2.79, tendered consignment of any animal is not re dog, cat, or nonhu dog or cat ing the information required by part quired to appear on the copy of the (Approved by the and Budget under ive dog or accompany each shipment of any lips animal. One copy of the record con 0028, 0579-0037, 0573 dog or cat sold, or otherwise disposer taining the information required by (44 U.S.C. 3506) however, That information which ini retained by the operator of such auc- [42 FR 31026, June tion sale for each animal sold by the cates the source and date of acquis 48 FR 57471, Dec. 30. n) or ap auction sale. § 2.79 Health certif tion. 0028, 0579-0037, 0579-0038 and 0579-0068) (a) No dealer, r (44 U.S.C. 3506) hibitor, operator o [42 FR 31026, June 17, 1977, as amended at department, agenc 48 FR 57471, Dec. 30, 1983) ty of the United St or local governme 8 2.78 Records, carriers and intermediate handlers. any intermediate for transportation, (a) In connection with all live ani- dog, cat, or nonhur mals accepted for shipment on a such dog, cat, or r C.O.D. basis or other arrangement or shall be accompanie practice under which the cost of such tificate executed a animal or the cost of the transporta- censed veterinarian tion of such animal is to be paid and icate shall state tha 8 2.77 Records, operators of auction sales collected upon delivery of the animal veterinarian inspect to the consignee, the accepting carrier or nonhuman prima or intermediate handler, if any, shall date which shall not keep and maintain a copy of the guar- days prior to the del antee in writing of the consignor of cat, or nonhuman r such shipment for the payment of portation, in comme transportation charged for any animal so inspected that suc. not claimed as provided in $ 2.80, in human primate app cluding, where necessary, both the censed veterinarian return transportation charges and an infectious disease or amount sufficient to reimburse the mality which woul carrier for out-of-pocket expenses in animal or animals or curred for the care, feeding, and stor- endanger public healt age of such animal. The carrier or in- (b) No intermediate termediate handler at destination er to whom any live shall also keep and maintain a copy of human primate is del the shipping document containing the portation, in commerc (4) A description of the animi time, date, and method of each at- research facility, exh tempted notification and the final no- of an auction sale, tification to the consignee and the agency, or instrume (111) The color and any distinctira 21 20 United States or any State or local to the consignee and the name of the i government shall receive such live person notifying the consignee shall dog, cat, or nonhuman primate for be recorded by the carrier or intermetransportation, in commerce, unless diate handler on the shipping docuand until it is accompained by a ment and a copy thereof, accompany. health certificate issued by a licensed ing the C.O.D. shipment. If the conveterinarian pursuant to paragraph signee cannot be notified of the C.O.D. (a) of this section. shipment within 24 hours after arrival (c) The USDA Individual Health of the shipment, the carrier or interCertificate and Identification Form mediate handler shall return the (VS Form 18-1) and the USDA Mul- animal to the consignor, or to whomtianimal Health Certificate and Identi- ever the consigner has designated, on fication Form (VS Form 18-2) are the next practical available transporforms which may be used for health tation, in accordance with the written certification by a licensed veterinarian agreement required in paragraph (a) as required by this section. of this section and so notify the con(Approved by the Office of Management signor. and Budget under control numbers 0579- Any carrier or intermediate handler 0028, 0579-0037, 0579-0038, and 0579-0068) which has notified a consignee of the (44 U.S.C. 3506) arrival of a C.O.D. or other shipment [42 FR 31026, June 17, 1977, as amended at of an animal, where the cost of the 48 FR 57471, Dec. 30, 1983) animal, or the cost for any transporta. tion, or other incidental or out-of8 2.80 C.O.D. shipments. pocket expense is to be paid and col(a) No carrier or intermediate han lected upon delivery of such animal to dler shall accept any animal for trans- the consignee, which is not claimed by portation, in commerce, upon any such consignee within 48 hours from C.O.D. or other basis where the cost of the time of such notification, shall the animal or the cost for any such return the animal to the consignor, or transportation or any other incidental to whomever the consignor has desig. or out-of-pocket expense is to be paid nated, on the next practical available and collected upon delivery of such transportation, in accordance with the animal to the consignee, unless the written agreement required in para. consignor guarantees in writing the graph (a) of this section and so notify payment of all transportation, includ the consignor. ing any return transportation, if such (c) It shall be the responsibility of shipment is unclaimed or the consign- any carrier or intermediate handler to ee cannot be notified in accordance provide proper care, feeding, and stor. with paragraphs (b) and (c) of this sec- age or housing for any animal accepttion, including reimbursing the carrier ed for transportation, in commerce, or intermediate handler for all out-of- under a C.O.D. or other arrangement pocket expenses incurred for the care, where the cost of the animal or the feeding, and storage or housing of cost of any transportation or other in. such animal. cidental or out-of-pocket expense is to (b) Any carrier or intermediate han. be paid and collected upon delivery of dler receiving any animal at destina- such animal until the consignee aco tion on a C.O.D. or other basis where cepts shipment at destination or until the cost of the animal or the cost for returned to the consignor or his desig: any transportation or other incidental nee should the consignee fail to accept or out-of-pocket expense is to be paid delivery of the animal or the consign: and collected upon delivery of such ee could not be notified as prescribed animal to the consignee shall attempt in paragraph (b) of this section. to notify such consignee for period of (d) Nothing in this section shall be 24 hours after arrival of the animal at construed as prohibiting any carrier or the animal holding area of the termi. intermediate handler from requiring nal cargo facility, at least once every 6 any additional guarantee than that rehours during that period. The time, quired in paragraph (a) of this section date, and method of each attempted for the payment of the cost of any notification and the final notification transportation out-of-pocket or or Any carrier or intermediate hand of an animal, where the cost of animal, or the cost for any transpor tion, or other incidental or ou pocket expense is to be paid andi ediate han lected upon delivery of such anima the consignee, which is not claime" upon any such consignee within 48 hours de the cost of the time of such notification , s - any such return the animal to the consigna incidental to whomever the consignor has de to be paid nated, on the next practical arzt y of such transportation, in accordance withë inless the written agreement required in po riting the graph (a) of this section and so mas n, includ- the consignor. n, if such (c) It shall be the responsibility e consign- any carrier or intermediate hande ccordance provide proper care, feeding, and I this sec age or housing for any animal sce he carrier ed for transportation, in comme ll out-of- under C.O.D. or other arrangere the care, where the cost of the animal or cidental or out-of-pocket expense i ate han- be paid and collected upon deliver destina- such animal until the consignee $ where cepts shipment at destination of cost for cidental be paid of such ttempt in paragraph (b) of this section. riod of State or local to the consignee and the name di other incidental expenses incurred in these rules, reg ive such live person notifying the consignee di the transportation of any animal in shall effect 01 i primate for be recorded by the carrier or inter commerce. design, outlines, merce, unless diate handler on the shipping di (Approved by the Office of Management mances of actus and Budget under control numbers 0579pained by a ment and a copy thereof, accompar mentation by a 0028, 0579-0037, 0579-0038, and 0579-0068) by a licensed ing the C.O.D. shipment. If ther termined by such (44 U.S.C. 3506) to paragraph signee cannot be notified of the CA (b) Each carr [42 FR 31026, June 17, 1977, as amended at shipment within 24 hours after an handler shall co 48 FR 57471, Dec. 30, 1983) idual Health of the shipment, the carrier or is with the standar ication Form mediate handler shall retum $ 2.81 Records, disposition. of the subchapt ards for the hum : USDA Mul- animal to the consignor, or to mi (a) No dealer, exhibitor, operator of animals in comm te and Identi- ever the consigner has designated an auction sale, research facility, carri- dling, care, and m 18-2) are the next practical available train er, or intermediate handler shall, tion therewith. d for health tation, in accordance with the w within a period of one year from the (36 FR 24920, Dec. 42 FR 31561, June 2 Deputy Administrator, any books, recManagement signor. ords, documents, or other papers re $ 2.101 Holding per lumbers 0579 quired to be kept and maintained d 0579-0068) which has notified a consignee di (a) Any dog or under this part. arrival of a C.O.D. or other ships dealer 4 or exhibit (b) The records required to be kept him, under his s us amended at and maintained under this part shall trol, for a period be held for such period in excess of business days after this period specified in paragraph (a) animal: Provided, of this section as necessary to comply dogs or cats which with any other Federal, State, or local day holding period w for trans law. Whenever the Deputy Adminis- by subsequent de trator notifies a dealer, exhibitor, op- after a minimum erator of an auction sale, reserach fa- calendar day by ea cility, carrier, or intermediate handler dealer or exhibitor in writing that specified records shall transit; (2) any do be retained pending completion of an from disease, ema investigation or proceeding under the may be destroyed b Act, such dealer, exhibitor, operator of to the completior. an auction sale, research facility, carri- period required by er, or intermediate handler shall hold purposes of this pa such records until their disposition is day” shall mean an authorized by the Deputy Administra- during which the d tor. normally operates (Approved by the Office of Management purposes of this par and Budget under control numbers 0579 day” shall mean froi 0028, 0579-0037, 0579-0038, and 0579-0068) day when an anima (44 U.S.C. 3506) the next midnight (1 [42 FR 31026, June 17, 1977, as amended at or cat is received at 6 48 FR 57471, Dec. 30, 1983) using of cost of any transportation or other! day of a month, th referenced in the p COMPLIANCE WITH STANDARDS AND expire until the mor HOLDING PERIOD day.)) 8 2.100 Compliance with standards. (b) During the per returned to the consignor or his dan dog or cat is being he (a) Each dealer, exhibitor, operator nee should the consignee fall to slas" this section, such doj of an auction sale, and research facilidelivery of the animal or the coming unloaded from any n ty shall comply in all respects with the ee could not be notified as prescrita ance in which it was r standards set forth in Part 3 of this water, and rest, and subchapter setting forth the standards (d) Nothing in this section shall for the humane handling, care, treat- *An operator of an auct ment, and transportation of animals: sidered to have acquired Provided, however, That nothing in is sold through the auctio quired in paragraph (a) of this sati 23 mpted for the payment of the cost of transportation or out-of-pocket / termivery 6 time, any additional guarantee than 33 02:3 ( -81-3 cation 22 ees. for, and treated in accordance with and permit Veterinary Services repre ! the standards set forth in $83.1 sentatives to enter his place of busithrough 3.10 of this subchapter. ness, to inspect such facilities, proper. (c) If any dealer or exhibitor obtains ty and animals as such representatives the prior approval of the Veterinarian consider necessary to enforce the proin Charge, he may arrange to have an- visions of the Act, the regulations and other person hold such animals for the standards in this subchapter. The the required period provided for in use of a room, table, or other facilities paragraph (a) of this section: Pro- necessary for the proper examination vided, however, That such other of such records and inspection of such person agrees in writing to comply property or animals shall be extended with the regulations of this Part 2 and to such authorized representatives of the standards in Part 3 of this sub- the Secretary by the dealer, exhibitor, chapter and to allow inspection by a operator of an auction sale, or reVeterinary Services representative of search facility, his agents and employ. his premises: And provided further, That the dogs and cats still remain under the control of the dealer or ex (Approved by the Office of Management and Budget under control numbers 0579hibitor: And provided further, That ap 0028, 0579-0037, 0579-0038, and 0579-0068) proval will not be given for a dealer or (36 FR 24920, Dec. 24, 1971, as amended at exhibitor holding a license as set forth 48 FR FR 57471, Dec. 30, 1983) in g 2.4 to have animals held for pur. poses of this section by another li- 82.127 Publication of names of persons censed dealer or exhibitor. subject to the provisions of this part. MISCELLANEOUS Lists of persons licensed or regis . tered, pursuant to the provisions of 8 2.125 Information as to business; fur. this part, shall be published periodi nishing of by dealers, exhibitors, opera- cally by Veterinary Services in the tors of auction sales, and research FEDERAL REGISTER. Such lists may also facilities. be obtained, upon request, from the Each dealer, exhibitor, operator of Veterinarian in Charge. an auction sale, and research facility shall furnish to any Veterinary Sery 8 2.128 Inspection for missing animals. ices representative, any information (a) Each dealer, exhibitor, operator concerning the business of the dealer, of an auction sale and research facility exhibitor, operator of an auction sale, shall, upon request, during ordinary or research facility which may be re- business hours, permit, under the folquested by such representative in con- lowing conditions, police or law offinection with the enforcement of the cers of legally constituted law enforceprovisions of the Act, the regulations ment agencies with general law enand the standards in this subchapter. forcement authority (not those agen: Such information shall be furnished cies whose duties are limited to enwithin such reasonable time as may be forcement of local animal regulations) specified in the request for such infor- to enter the place of business of such mation. dealer, exhibitor, operator of an auc: tion sale or research facility to inspect 8 2.126 Access and inspection of records animals and records for the purpose of and property. seeking animals that are missing: Each dealer, exhibitor, operator of (1) The police or law officer shall an auction sale, or research facility, furnish to the dealer, exhibitor, opera shall, during ordinary business hours, tor of an auction sale or research fapermit Veterinary Services representa- cility a written description of the misstives, or other Federal officers or em- ing animal and the name and address ployees designated by the Secretary, of its owner before making such & to enter his place of business to exam- search. ine records required to be kept by the (2) The police or law officer shall Act and the regulations in this part, abide by all security measures reand to make copies of such records, quired by the dealer, exhibitor, opera 0028, 0579-0037, 0579-0038, and 0579-04 subject to the provisions of this part Lists of persons licensed of 1 vess; fur. this part, shall be published pean rs, opera cally by Veterinary Services in research FEDERAL REGISTER. Such lists may be obtained, upon request , from Veterinarian in Charge. 8 2.128 Inspection for missing animals dealer, be re- lowing conditions, police or lawi cers of legally constituted law enfant dealer, exhibitor, operator of an! tion sale or research facility to inso records animals and records for the purpose seeking animals that are missing search. iance with and permit Veterinary Services in tor of an auction sale or research fa- istrator the conc in $83.1 sentatives to enter his place of ki cility to prevent the spread of disease, cannot be corre including the use of sterile clothing, care, the Veterir Lor obtains ty and animals as such representati footwear, and masks where required, sentative shall co eterinarian consider necessary to enforce then or to prevent the escape of an animal. the animal by el o have an- visions of the Act, the regulations a (b) Such inspection for missing ani- costs as may be i mals by law enforcement officers shall by the dealer, ex an auction sale, or going actual research or experimentation: Pro- necessary for the proper examins (c) Prior to mak tion by a research facility as deterch other of such records and inspection of sa garding the destru mined by such research facility. o comply property or animals shall be exteri of a species design ment of the Inter to such authorized representatives Part 2 and § 2.129 Confiscation and destruction of tional Union for t animals. this sub- the Secretary by the dealer, exhibi Nature and Natur tion by a operator of an auction sale , or (a) If an animal being held by a endangered species ntative of search facility, his agents and empi dealer, exhibitor, or operator of an ministrator shall, v further, ees. auction sale, or an animal being held judgment, consult ll remain by a research facility which is no (Approved by the Office of Manage tives of said Depar er or exand Budget under control numbers & longer required by such research fa- ternational Union That ap cility to carry out the research, test, or tion of Nature and dealer or experiment for which it has been uti- 8 2.130 Minimum age representative to be suffering as а No dog or cat sh other li- 82.127 Publication of names of pay any person to any ca hibitor, operator of an auction sale, or ate handler for tran research facility to comply with any merce, except to ar facility, unless such tered, pursuant to the provision provision of the regulations or the standards set forth in this subchapter, least eight (8) week [42 FR 31029, June 17, 3 PART 3-ST. quest that the condition be corrected and that adequate veterinary care be Subpart A-Specification Handling, Care, Treatm animal's suffering, or that the animal of an auction sale and research fac given when necessary to alleviate the tion of Dogs and Cats event that the dealer, exhibitor, opera FACILITIES AND OPERA business hours, permit, under thel be destroyed by euthanasia. In the tor of an auction sale or research fa Sec. cility refuses to comply with such re 3.1 Facilities, general. quest, the Veterinary Services repre 3.2 Facilities, indoor. 3.3 Facilities, outdoor. 3.4 Primary enclosures. cies whose duties are limited to sentative may confiscate or destroy forcement of local animal regulatih such animal by euthanasia if in the ANIMAL HEALTH AND Hus the circumstances warrant such 3.5 Feeding. 3.6 Watering. 3.9 Classification and sep 3.10 Veterinary care. TRANSPORTATIONS tor of an auction sale or research Search facility as required in this sec 3.11 Consignments to car diate handlers. cility a written description of the tion, the Veterinary Services repre 3.12 Primary enclosures premises and shall provide for adeing animal and the name and ada sentative shall contact a local police or live dogs and cats. of its owner before making sud law officer to accompany him to the 3.13 Primary conveyance to alleviate the animal's suffering or, rail, air, and marine). if in the opinion of the Deputy Admin(2) The police or law officers quate veterinary care when necessary 3.14 Food and water requi abide by all security measures 25 24 |