Page:United States Statutes at Large Volume 99 Part 2.djvu/536

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PUBLIC LAW 99-000—MMMM. DD, 1985

99 STAT. 1646

Prohibition.

7 USC 2143.

Prohibition.

R^^ations.

Research and development. Prohibition.

Research and development.

PUBLIC LAW 99-198—DEC. 23, 1985

"(B) that the principal investigator considers alternatives to any procedure likely to produce pain to or distress in an experimental animal; "(C) in any practice which could cause pain to animals— "(i) that a doctor of veterinary medicine is consulted in the planning of such procedures; "(ii) for the use of trsuiquilizers, analgesics, and anesthetics; "(iii) for pre-surgical and post-surgical care by laboratory workers, in accordance with established veterinary medical and nursing procedures; "(iv) against the use of paralytics without anesthesia; and "(v) that the withholding of tranquilizers, anesthesia, analgesia, or euthanasia when scientifically necessary shall continue for only the necessary period of time; "(D) that no animal is used in more than one major operative experiment from which it is allowed to recover except in cases of— "(i) scientific necessity; or "(ii) other special circumstances as determined by the Secretary; and "(E) that exceptions to such standards may be made only when specified by research protocol and that any such exception shall be detailed and explained in a report outlined under paragraph (7) and filed with the Institutional Animal Committee.", (b) Section 13(a) of such Act is further amended— (1) by designating the third and fourth sentences as paragraph (4); (2) by designating the fifth sentence as paragraph (5); and (3) by striking out the last sentence and inserting in lieu thereof the following: "(6)(A) Nothing in this Act— "(i) except as provided in paragraphs (7) of this subsection, shall be construed as authorizing the Secretary to promulgate rules, regulations, or orders with regard to the design, outlines, or guidelines of actual research or experimentation by a research facility as determined by such research facility; "(ii) except as provided subparagraphs (A) and (C) (ii) through (v) of paragraph (3) and paragraph (7) of this subsection, shall be construed as authorizing the Secretary to promulgate rules, regulations, or orders with regard to the performance of actual research or experimentation by a research facility as determined by such research facility; and "(iii) shall authorize the Secretary, during inspection, to interrupt the conduct of actual research or experimentation. "(B) No rule, regulation, order, or part of this Act shall be construed to require a research facility to disclose publicly or to the Institutional Animal Committee during its inspection, trade secrets or commercial or financial information which is privileged or confidential. "(7)(A) The Secretary shall require each research facility to show upon inspection, and to report at least annually, that the provisions of this Act are being followed and that professionally acceptable standards governing the care, treatment, and use of animals are being followed by the research facility during actual research or experimentation.