In response to the questions posed in this scenario, the United States Department of Agriculture, Animal and Plant Health Inspection Service, Animal Care (USDA, APHIS, AC) offers the following clarification and guidance:

The Animal Welfare Act regulations pertaining to IACUCs contain performance-based standards, and the USDA, Animal and Plant Health Inspection Service, Animal Care recognizes that disagreements may occur in their interpretation. In October 2000, USDA formalized the process for appealing an inspector's findings (available at http://www.aphis.usda.gov/ac/inspectionconcerns.html).

We encourage research facilities to discuss any areas of noncompliance with their inspector during the inspection and exit interview. If questions persist, the facility may submit a written description of the area(s) of concern and request additional clarification. There is a short time frame (approximately 2–3 weeks) during which the inspection report is administratively processed prior to its finalization in our system. After a report is finalized, it may be made available to the public through the Freedom of Information Act (FOIA) process. No inspection report is finalized until all clarification issues are resolved, and this may occur at the inspector, supervisor, regional director, or deputy administrator levels. Any remaining disputes may ultimately have to be decided within the legal system.

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