About the Animal Welfare Act
Standards have been written specifying the minimum requirements for handling, care, housing, treatment, transportation, feeding, watering, sanitation, ventilation, lighting, shelter, veterinary care, and separation by species. In most cases though, the act does not clearly define "minimum requirements." For example, under "space requirements," it states: "sufficient space to allow each animal to make normal postural and social adjustments with adequate freedom of movement." It is often the case that the "minimum" required becomes the maximum provided.
The Animal Welfare Act has the potential to improve the living conditions for animals held captive in laboratories, exploited in exhibits, and warehoused in breeding facilities. The responsibility for enforcing the act lies with a division of the USDA known as APHIS, the Animal and Plant Health Inspection Service. There are five APHIS sector offices with approximately 85 veterinary inspectors who are supposed to inspect, unannounced, the various types of facilities covered by the act.
However, budgetary constraints and strong opposition from animal breeders, pharmaceutical companies, exhibitors, and experimenters themselves, as well as an inadequate number of inspectors, have resulted in poor enforcement of the act. There are nearly 1,500 research facilities in the U.S., as well as more than 1,800 exhibitors and 4,400 dealers who are supposed to be inspected each year. This means that 85 inspectors have to cover nearly 8,000 facilities nationwide. In a March 1992 audit by the USDA's own Office of the Inspector General, it was determined that "APHIS cannot ensure the humane care and treatment of animals at all dealer facilities as required by the act. APHIS did not inspect facilities with reliable frequency, and it did not enforce timely corrections of violations found during inspections." Out of 284 facilities examined in the audit, 46 had received no annual inspection, and out of 156 that were in violation of the law, 126 of these had had no follow-up inspections.
(All quotations taken from the Animal Welfare Act as published by the Animal and Plant Health Inspection Service of the U.S. Department of Agriculture.)
References
- Labaton, Stephanie, "Animal Advocates Win Court Ruling," New York Times, Feb. 26, 1993.
- "Washington Update," Chronicle of Higher Education, Dec. 8, 1993.