On December 15, 2017, the United States Department of Agriculture (USDA) Animal Plant Health Inspection Services (APHIS) issued a Stakeholders Announcement (https://content.govdelivery.com/accounts/USDAAPHIS/bulletins/1cc8354) concerning the release of two Tech Notes. One was entitled Daily Observations (https://www.aphis.usda.gov/publications/animal_welfare/2017/ac-tech-note-daily-observation.pdf) and the other Incentives for Identifying, Reporting, Correcting, and Preventing Noncompliance with the Animal Welfare Act (https://www.aphis.usda.gov/publications/animal_welfare/2017/ac-tech-note-incentives-animal-welfare-act-compliance.pdf). The announcement indicated that these new guidance documents were in keeping with two key goals of the USDA Animal Care Strategic Plan for 2016-2020: to 1) support efforts by regulated entities to better adhere to the federal animal welfare standards; and 2) create a better Animal Care (AC) by increasing their efficiency, effectiveness and responsiveness. In the announcement, Animal Care Deputy Administrator Bernadette Juarez stated, “Better animal welfare begins with open communication and stronger working relationships. With these two new publications, we want to work with our regulated community to help them meet and maintain the federal standards for the humane treatment of animals.” In this commentary we will review those Tech Notes, address questions/concerns that they have raised, and comment on the potential impact on research facilities.
On December 7, 2017 a letter with the Tech Notes included was sent to Licensees and Registrants. It should be noted that the Tech Note on Daily Observations that was included with this letter was modified prior to the Stakeholder Announcement on December 15. The added language states: “This Tech Note provides helpful tips on daily observation of animals to assess their health and well-being and spotlights practices licensees and registrants use to ensure effective daily observation of animals. These helpful tips and practices are not mandatory regulatory requirements (emphasis added).” It is important to note the bolded language is applicable to all of the guidance documents issued by the Agency, such as those in the Policy Manual. In fact NABR’s comments submitted in response to the USDA’s request for information entitled “Identifying Regulatory Reform Initiatives” (https://www.regulations.gov/document?D=USDA-2017-0002-0001) will recommend that each policy contain the following language: “USDA’s guidance documents, including this guidance, do not establish legally enforceable responsibilities. Instead, the guidance describes the Agency’s current thinking on a topic and should be viewed only as recommendations, unless specific regulatory or statutory requirements are cited.”
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