Dr. Holt made the statement
that PAWS would not require hobby breeders
to "build kennels. . ." An
interesting position to take, and one
that appears to be more of a sublime
hope than a rational inference from
the text of the bill.
§ 3.1
Housing facilities, general.
(a) Structure; construction.
Housing facilities for dogs and cats
must be designed and constructed so
that they are structurally sound.
They must be kept in good repair,
and they must protect the animals
from injury, contain the animals securely,
and restrict other animals from entering.
(b) Condition and site.
Housing facilities and areas used
for storing animal food or bedding
must be free of any accumulation of
trash, waste material, junk, weeds,
and other discarded materials. Animal
areas inside of housing facilities
must be kept neat and free of clutter,
including equipment, furniture, and
stored material, but may contain materials
actually used and necessary for cleaning
the area, and fixtures or equipment
necessary for proper husbandry practices
and research needs. Housing facilities
other than those maintained by research
facilities and Federal research facilities
must be physically separated from
any other business. If a housing facility
is located on the same premises as
another business, it must be physically
separated from the other business
so that animals the size of dogs,
skunks, and raccoons are prevented
from entering it.
(c) Surfaces-
(1) General requirements.
The surfaces of housing facilities--including
houses, dens, and other furniture-type
fixtures and objects within the facility--must
be constructed in a manner and made
of materials that allow them to be
readily cleaned and sanitized, or
removed or replaced when worn or soiled.
Interior surfaces and any surfaces
that come in contact with dogs or
cats must:
(i) Be free of excessive
rust that prevents the required cleaning
and sanitization, or that affects
the structural strength of the surface;
and
(ii) Be free of jagged
edges or sharp points that might injure
the animals.
(2) Maintenance and
replacement of surfaces. All surfaces
must be maintained on a regular basis.
Surfaces of housing facilities--including
houses, dens, and other furniture-type
fixtures and objects within the facility--that
cannot be readily cleaned and sanitized,
must be replaced when worn or soiled.
(3) Cleaning. Hard
surfaces with which the dogs or cats
come in contact must be spot-cleaned
daily and sanitized in accordance
with § 3.11(b) of this subpart
to prevent accumulation of excreta
and reduce disease hazards. Floors
made of dirt, absorbent bedding, sand,
gravel, grass, or other similar material
must be raked or spot-cleaned with
sufficient frequency to ensure all
animals the freedom to avoid contact
with excreta. Contaminated material
must be replaced whenever this raking
and spot-cleaning is not sufficient
to prevent or eliminate odors, insects,
pests, or vermin infestation. All
other surfaces of housing facilities
must be cleaned and sanitized when
necessary to satisfy generally accepted
husbandry standards and practices.
Sanitization may be done using any
of the methods provided in §
3.11(b)(3) for primary enclosures.
(d) Water and electric
power. The housing facility must have
reliable electric power adequate for
heating, cooling, ventilation, and
lighting, and for carrying out other
husbandry requirements in accordance
with the regulations in this subpart.
The housing facility must provide
adequate running potable water for
the dogs' and cats' drinking needs,
for cleaning, and for carrying out
other husbandry requirements.
(e) Storage. Supplies
of food and bedding must be stored
in a manner that protects the supplies
from spoilage, contamination, and
vermin infestation. The supplies must
be stored off the floor and away from
the walls, to allow cleaning underneath
and around the supplies. Foods requiring
refiigeration must be stored accordingly,
and all food must be stored in a manner
that prevents contamination and deterioration
of its nutritive value. All open supplies
of food and bedding must be kept in
leakproof containers with tightly
fitting lids to prevent contamination
and spoilage. Only food and bedding
that is currently being used may be
kept in the animal areas. Substances
that are toxic to the dogs or cats
but are required for normal husbandry
practices must not be stored in food
storage and preparation areas, but
may be stored in cabinets in the animal
areas.
(f) Drainage and waste
disposal. Housing facility operators
must provide for regular and frequent
collection, removal, and disposal
of animal and food wastes, bedding,
debris, garbage, water, other fluids
and wastes, and dead animals, in a
manner that minimizes contamination
and disease risks. Housing facilities
must be equipped with disposal facilities
and drainage systems that are constructed
and operated so that animal waste
and water are rapidly eliminated and
animals stay dry. Disposal and drainage
systems must minimize vermin and pest
infestation, insects, odors, and disease
hazards. All drains must be properly
constructed, installed, and maintained.
If closed drainage systems are used,
they must be equipped with traps and
prevent the backflow of gases and
the backup of sewage onto the floor.
If the facility uses sump or settlement
ponds, or other similar systems for
drainage and animal waste disposal,
the system must be located far enough
away from the animal area of the housing
facility to prevent odors, diseases,
pests, and vermin infestation. Standing
puddles of water in animal enclosures
must be drained or mopped up so that
the animals stay dry. Trash containers
in housing facilities and in food
storage and food preparation areas
must be leakproof and must have tightly
fitted lids on them at all times.
Dead animals, animal parts, and animal
waste must not be kept in food storage
or food preparation areas, food freezers,
food refrigerators, or animal areas.
(g) Washrooms and sinks.
Washing facilities such as washrooms,
basins, sinks, or showers must be
provided for animal caretakers and
must be readily accessible.
§ 3.2
Indoor housing facilities.
(a) Heating, cooling,
and temperature. Indoor housing facilities
for dogs and cats must be sufficiently
heated and cooled when necessary to
protect the dogs and cats from temperature
or humidity extremes and to provide
for their health and well-being. When
dogs or cats are present, the ambient
temperature in the facility must not
fall below 50° F (10° C) for
dogs and cats not acclimated to lower
temperatures, for those breeds that
cannot tolerate lower temperatures
without stress or discomfort (such
as short-haired breeds), and for sick,
aged, young, or infirm dogs and cats,
except as approved by the attending
veterinarian. Dry bedding, solid resting
boards, or other methods of conserving
body heat must be provided when temperatures
are below 50° F (10° C). The
ambient temperature must not fall
below 45° F (7.2° C) for more
than 4 consecutive hours when dogs
or cats are present, and must not
rise above 85° F (29.5° C)
for more than 4 consecutive hours
when dogs or cats are present. The
preceding requirements are in addition
to, not in place of, all other requirements
pertaining to climatic conditions
in parts 2 and 3 of this chapter.
(b) Ventilation. Indoor
housing facilities for dogs and cats
must be sufficiently ventilated at
all times when dogs or cats are present
to provide for their health and well-being,
and to minimize odors, drafts, ammonia
levels, and moisture condensation.
Ventilation must be provided by windows,
vents, fans, or air conditioning.
Auxiliary ventilation, such as fans,
blowers, or air conditioning must
be provided when the ambient temperature
is 85° F (29.5° C) or higher.
The relative humidity must be maintained
at a level that ensures the health
and well-being of the dogs or cats
housed therein, in accordance with
the directions of the attending veterinarian
and generally accepted professional
and husbandry practices.
(c) Lighting. Indoor
housing facilities for dogs and cats
must be lighted well enough to permit
routine inspection and cleaning of
the facility, and observation of the
dogs and cats. Animal areas must be
provided a regular diurnal lighting
cycle of either natural or artificial
light. Lighting must be uniformly
diffused throughout animal facilities
and provide sufficient illumination
to aid in maintaining good housekeeping
practices, adequate cleaning, adequate
inspection of animals, and for the
well-being of the animals. Primary
enclosures must be placed so as to
protect the dogs and cats from excessive
light.
(d) Interior surfaces.
The floors and walls of indoor housing
facilities, and any other surfaces
in contact with the animals, must
be impervious to moisture. The ceilings
of indoor housing facilities must
be impervious to moisture or be replaceable
(e.g., a suspended ceiling with replaceable
panels).
§ 3.4
Outdoor housing facilities.
(a) Restrictions.
(1) The following categories
of dogs or cats must not be kept in
outdoor facilities, unless that practice
is specifically approved by the attending
veterinarian:
(i) Dogs or cats that
are not acclimated to the temperatures
prevalent in the area or region where
they are maintained;
(ii) Breeds of dogs
or cats that cannot tolerate the prevalent
temperatures of the area without stress
or discomfort (such as short-haired
breeds in cold climates); and
(iii) Sick, infirm,
aged or young dogs or cats.
(2) When their acclimation
status is unknown, dogs and cats must
not be kept in outdoor facilities
when the ambient temperature is less
than 50° F (10° C).
(b) Shelter from the
elements. Outdoor facilities for dogs
or cats must include one or more shelter
structures that are accessible to
each animal in each outdoor facility,
and that are large enough to allow
each animal in the shelter structure
to sit, stand, and lie in a normal
manner, and to turn about freely.
In addition to the shelter structures,
one or more separate outside areas
of shade must be provided, large enough
to contain all the animals at one
time and protect them from the direct
rays of the sun. Shelters in outdoor
facilities for dogs or cats must contain
a roof, four sides, and a floor, and
must:
(1) Provide the dogs
and cats with adequate protection
and shelter from the cold and heat;
(2) Provide the dogs
and cats with protection from the
direct rays of the sun and the direct
effect of wind, rain, or snow;
(3) Be provided with
a wind break and rain break at the
entrance; and
(4) Contain clean,
dry, bedding material if the ambient
temperature is below 50° F (10°
C). Additional clean, dry bedding
is required when the temperature is
35° F (1.7° C) or lower.
(c) Construction. Building
surfaces in contact with animals in
outdoor housing facilities must be
impervious to moisture. Metal barrels,
cars, refrigerators or freezers, and
the like must not be used as shelter
structures. The floors of outdoor
housing facilities may be of compacted
earth, absorbent bedding, sand, gravel,
or grass, and must be replaced if
there are any prevalent odors, diseases,
insects, pests, or vermin. All surfaces
must be maintained on a regular basis.
Surfaces of outdoor housing facilities--
including houses, dens, etc.--that
cannot be readily cleaned and sanitized,
must be replaced when worn or soiled.
§ 3.8
Exercise for dogs.
Dealers, exhibitors,
and research facilities must develop,
document, and follow an appropriate
plan to provide dogs with the opportunity
for exercise. In addition, the plan
must be approved by the attending
veterinarian. The plan must include
written standard procedures to be
followed in providing the opportunity
for exercise. The plan must be made
available to APHIS upon request, and,
in the case of research facilities,
to officials of any pertinent funding
Federal agency. The plan, at a minimum,
must comply with each of the following:
(a) Dogs housed individually.
Dogs over 12 weeks of age, except
bitches with litters, housed, held,
or maintained by any dealer, exhibitor,
or research facility, including Federal
research facilities, must be provided
the opportunity for exercise regularly
if they are kept individually in cages,
pens, or runs that provide less than
two times the required floor space
for that dog, as indicated by §
3.6(c)(1) of this subpart.
(b) Dogs housed in groups. Dogs over
12 weeks of age housed, held, or maintained
in groups by any dealer, exhibitor,
or research facility, including Federal
research facilities, do not require
additional opportunity for exercise
regularly if they are maintained in
cages, pens, or runs that provide
in total at least 100 percent of the
required space for each dog if maintained
separately. Such animals may be maintained
in compatible groups, unless:
(1) Housing in compatible groups
is not in accordance with a research
proposal and the proposal has been
approved by the research facility
Committee;
(2) In the opinion of the attending
veterinarian, such housing would adversely
affect the health or well-being of
the dog(s); or
(3) Any dog exhibits aggressive
or vicious behavior.
(c) Methods and period of providing
exercise opportunity.
(1) The frequency, method, and duration
of the opportunity for exercise shall
be determined by the attending veterinarian
and, at research facilities, in consultation
with and approval by the Committee.
(2) Dealers, exhibitors, and research
facilities, in developing their plan,
should consider providing positive
physical contact with humans that
encourages exercise through play or
other similar activities. If a dog
is housed, held, or maintained at
a facility without sensory contact
with another dog, it must be provided
with positive physical contact with
humans at least daily.
(3) The opportunity for exercise
may be provided in a number of ways,
such as:
(i) Group housing in cages, pens
or runs that provide at least 100
percent of the required space for
each dog if maintained separately
under the minimum floor space requirements
of § 3.6(c)(1) of this subpart;
(ii) Maintaining individually housed
dogs in cages, pens, or runs that
provide at least twice the minimum
floor space required by § 3.6(c)(1)
of this subpart;
(iii) Providing access to a run
or open area at the frequency and
duration prescribed by the attending
veterinarian; or
(iv) Other similar activities.
(4) Forced exercise methods or devices
such as swimming, treadmills, or carousel-type
devices are unacceptable for meeting
the exercise requirements of this
section.
(d) Exemptions.
(1) If, in the opinion of the attending
veterinarian, it is inappropriate
for certain dogs to exercise because
of their health, condition, or well-being,
the dealer, exhibitor, or research
facility may be exempted from meeting
the requirements of this section for
those dogs. Such exemption must be
documented by the attending veterinarian
and, unless the basis for exemption
is a permanent condition, must be
reviewed at least every 30 days by
the attending veterinarian.
(2) A research facility may be exempted
from the requirements of this section
if the principal investigator determines
for scientific reasons set forth in
the research proposal that it is inappropriate
for certain dogs to exercise. Such
exemption must be documented in the
Committee- approved proposal and must
be reviewed at appropriate intervals
as determined by the Committee, but
not less than annually.
(3) Records of any exemptions must
be maintained and made available to
USDA officials or any pertinent funding
Federal agency upon request.
§ 3.9 Feeding.
(a) Dogs and cats must be fed at
least once each day, except as otherwise
might be required to provide adequate
veterinary care. The food must be
uncontaminated, wholesome, palatable,
and of sufficient quantity and nutritive
value to maintain the normal condition
and weight of the animal. The diet
must be appropriate for the individual
animal's age and condition.
(b) Food receptacles must be used
for dogs and cats, must be readily
accessible to all dogs and cats, and
must be located so as to minimize
contamination by excreta and pests,
and be protected from rain and snow.
Feeding pans must either be made of
a durable material that can be easily
cleaned and sanitized or be disposable.
If the food receptacles are not disposable,
they must be kept clean and must be
sanitized in accordance with §
3.11 (b) of this subpart. Sanitization
is achieved by using one of the methods
described in § 3.11 (b)(3) of
this subpart. If the food receptacles
are disposable, they must be discarded
after one use. Self-feeders may be
used for the feeding of dry food.
If self-feeders are used, they must
be kept clean and must be sanitized
in accordance with § 3.11 (b)
of this subpart. Measures must be
taken to ensure that there is no molding,
deterioration, and caking of feed.
§ 3.10 Watering.
If potable water is not continually
available to the dogs and cats, it
must be offered to the dogs and cats
as often as necessary to ensure their
health and well-being, but not less
than twice daily for at least 1 hour
each time, unless restricted by the
attending veterinarian. Water receptacles
must be kept clean and sanitized in
accordance with § 3.11(b) of
this subpart, and before being used
to water a different dog or cat or
social grouping of dogs or cats.
§ 3.11 Cleaning, sanitization,
housekeeping, and pest control.
(a) Cleaning of primary enclosures.
Excreta and food waste must be removed
from primary enclosures daily, and
from under primary enclosures as often
as necessary to prevent an excessive
accumulation of feces and food waste,
to prevent soiling of the dogs or
cats contained in the primary enclosures,
and to reduce disease hazards, insects,
pests and odors. When steam or water
is used to clean the primary enclosure,
whether by hosing, flushing, or other
methods, dogs and cats must be removed,
unless the enclosure is large enough
to ensure the animals would not be
harmed, wetted, or distressed in the
process. Standing water must be removed
from the primary enclosure and animals
in other primary enclosures must be
protected from being contaminated
with water and other wastes during
the cleaning. The pans under primary
enclosures with grill-type floors
and the ground areas under raised
runs with mesh or slatted floors must
be cleaned as often as necessary to
prevent accumulation of feces and
food waste and to reduce disease hazards
pests, insects and odors.
(b) Sanitization of primary enclosures
and food and water receptacles.
(1) Used primary enclosures and
food and water receptacles must be
cleaned and sanitized in accordance
with this section before they can
be used to house, feed, or water another
dog or cat, or social grouping of
dogs or cats.
(2) Used primary enclosures and
food and water receptacles for dogs
and cats must be sanitized at least
once every 2 weeks using one of the
methods prescribed in paragraph (b)(3)
of this section, and more often if
necessary to prevent an accumulation
of dirt, debris, food waste, excreta,
and other disease hazards.
(3) Hard surfaces of primary enclosures
and food and water receptacles must
be sanitized using one of the following
methods:
(i) Live steam under pressure;
(ii) Washing with hot water (at
least 180° F (82.2° C) and
soap or detergent, as with a mechanical
cage washer; or
(iii) Washing all soiled surfaces
with appropriate detergent solutions
and disinfectants, or by using a combination
detergentldisinfectant product that
accomplishes the same purpose, with
a thorough cleaning of the surfaces
to remove organic material, so as
to remove all organic material and
mineral buildup, and to provide sanitization
followed by a clean water rinse.
(4) Pens, runs, and outdoor housing
areas using material that cannot be
sanitized using the methods provided
in paragraph (b)(3) of this section,
such as gravel, sand, grass, earth,
or absorbent bedding, must be sanitized
by removing the contaminated material
as necessary to prevent odors, diseases,
pests, insects, and vermin infestation.
(c) Housekeeping for premises. Premises
where housing facilities are located,
including buildings and surrounding
grounds, must be kept clean and in
good repair to protect the animals
fiom injury, to facilitate the husbandry
practices required in this subpart,
and to reduce or eliminate breeding
and living areas for rodents and other
pests and vermin. Premises must be
kept free of accumulations of trash,
junk, waste products, and discarded
matter. Weeds, grasses, and bushes
must be controlled so as to facilitate
cleaning of the premises and pest
control, and to protect the health
and well-being of the animals.
(d) Pest control. An effective program
for the control of insects, external
parasites affecting dogs and cats,
and birds and mammals that are pests,
must be established and maintained
so as to promote the health and well-being
of the animals and reduce contamination
by pests in animal areas.
