Article 1. Definitions
Article 2. Certification Requirements
§ 1151. Issuance of the Certificate of Approval.
§ 1153. Application for Renewal of Certificate of Approval.
Article 3. Minimum Standards
§ 1155. Care and Treatment of Animals.
Article 4. Filing of Complaint
§ 1159. Filing of a Complaint.
Article 1. Definitions
(a) For purposes of these regulations, “person” includes: laboratory, firm, association, corporation, copartnership, and educational institution.
(b) For purposes of these regulations, “board” means: the State Department of Health Services.
(c) For purposes of these regulations, “department” means: the State Department of Public Health.
(d) For purposes of these regulations, “animal” means: any live, warm-blooded animal kept or used by any person for the purposes defined herein.
(e) For purposes of these regulations, “individual” means: the one whom the laboratory, firm, association, corporation, copartnership or educational institution designates as being responsible for proper care of the animals kept or used for experimentation, demonstration, or test; the propriety of the procedures used; and the scientific justification for the use of the animals in experiments, demonstrations, or tests.
HISTORY
1. New Group 5 (ss 1150 through 1159) filed 3-28-52; effective thirtieth day thereafter (Register 28, No. 1). For history of previous Group 5, see Register 26, No. 7.
Article 2. Certification Requirements
§ 1151. Issuance of the Certificate of Approval.
(a) All persons desiring to keep or use animals for the study, diagnosis, and treatment of human and animal diseases, for education or research in the advancement of veterinary, dental, medical, and biological sciences for education and research in animal and human nutrition, and for the testing and diagnosis, improvement and standardization of laboratory specimens, biologic products, pharmaceuticals and drugs shall make application to the department on the forms provided by the department for a certification of approval for such activities. They shall supply such other information as may be required by the department for the establishment, and its physical facilities with respect to the care of animals as related to the intent and purpose of this law.
(b) Certificates of approval shall not be issued to any person unless he is at the time of application prepared and equipped to keep and use the animals in accordance with the provisions of this law, and rules and regulations of the board adopted in accordance thereof. The department will provide anyone contemplating keeping or using animals information concerning the requirements and conditions for the compliance with the law.
(c) Each applicant for certification shall designate an individual who will be directly responsible for the use and care of animals and for making appropriate reports thereof. Such individuals shall occupy a responsible position of authority in the applicant organization. A certified institution which transfers such responsibility shall immediately notify the department of such fact. The department may deny any application unless it is satisfied that the responsible individual so designated is qualified and will require that the animals kept or used by the applicant be used and cared for in a humane manner acceptable to this department.
(d) A certificate of approval must be obtained for each address or campus where animals are kept or used for the purposes specified in this law.
(e) A new application or amendment to existing and approved application must be made for any change of the responsible individual, or change in location of the laboratory or animal quarters.
(f) Any major change in equipment or methods of management must be approved in advance by the department.
(g) The certificate of approval or duplicate thereof as supplied by the department shall be displayed in a prominent place in the approved animal quarters or approved laboratory.
(h) A certificate of approval shall not be issued unless the conditions of the establishment and facilities are such as to reasonably insure that the animals kept or used receive humane care and treatment.
(i) Denial, revocation, or suspension of certificates of approval must be in accordance with the provisions of the Administrative Procedure Act.
(a) The application and renewal fees must be in accordance with the provisions of Article 5 of Chapter 5 of Division 2 of the Health and Safety Code.
(b) For the purpose of these regulations the fiscal year shall be from January 1st to December 31st.
§ 1153. Application for Renewal of Certificate of Approval.
(a) Application for renewal of certificates of approval shall be on forms provided by the department.
(b) Each holder of a certificate applying for renewal of his certificate of approval shall be subject to a review of his activities during the previous licensing period and to such inspections of his records, premises, equipment, and animals as may be determined by the department for consideration by the board in passing upon the application for renewal.
(c) Similarly, such licensees shall submit such data and records as may be designated by the department.
Holders of certificates of approval shall keep the following records:
(a) Monthly census of animals kept according to type;
(b) Total number of animals used per month according to type;
(c) Use and disposition of the animals.
Such records may be open to inspection by authorized agents of the department during the normal working hours of operation.
Article 3. Minimum Standards
§ 1155. Care and Treatment of Animals.
(a) Careful consideration shall be given to the bodily comfort of such animals. They shall be kindly treated, properly fed, and their quarters shall be clean, properly lighted and maintained at the proper temperature. Exception may be made to this rule only with expressed permission of the responsible individual. This permission may be granted only when the foregoing considerations would defeat the purpose of the work.
(b) Any operation likely to cause greater discomfort than the attending anesthetization shall not be undertaken until the animal be first rendered incapable of perceiving pain. The animals shall be maintained in that condition until the operation is completed. Exceptions to this rule may be made only when provisions for maximum comfort including anesthesia would defeat the object of the experiment, and then only with the expressed permission of the responsible individual.
(c) At the conclusion of experiments, the animals must be killed painlessly or given care to minimize discomfort which is essentially equivalent, as determined by the department, to that rendered human beings following an operation. In any event, animals which have been used for any purpose described herein shall not be disposed of as pets, except with the expressed permission of the responsible individual. Due consideration in this master shall be given to public health and to the animal's welfare.
The animal quarters shall be provided with proper lighting, ventilation, and heating to maintain comfort of the animal except where the provisions of Section 1155 otherwise provide. Equipment must be adequate for the proper care and treatment of all animals kept or used. Cages, or other enclosures, shall be large enough to permit reasonable freedom of movement. Adequate facilities shall be provided for keeping animal quarters and equipment clean. Overcrowding must be avoided in order to limit the transmission of animal diseases. The animals shall be maintained in a room separate from any other activity of the establishment, or under other physical conditions satisfactory to the department.
Capable personnel shall be employed for the adequate care and feeding of the animals. In small, as well as in extensive animal facilities, one individual shall be in complete charge of, and therefore, responsible for, the entire operation of the unit. Selection of animal caretakers shall be made with care. Nonprofessional personnel shall be chosen for their dependability and their liking for animals. The training should include a knowledge of the means of transmission of disease and an understanding of the precautions necessary to prevent this. Caretakers should be trained in recognizing early symptoms of the common diseases of the animals under their care.
(a) The animals shall be well fed and shall receive wholesome food suitable to the species and shall receive sufficient clean water except where special studies require specified diet for the animal.
(b) Rules and regulations adopted by the board with reference to shelter, food, sanitation, and the care and treatment of animals shall be prominently displayed in all animal rooms.
Article 4. Filing of Complaint
§ 1159. Filing of a Complaint.
Anyone who files a complaint to the department against an individual, or person, violating this law shall supply in writing specific information regarding the alleged violation, or violations. Such complaint shall include the time, date, place, individual, or person involved; and the names of other witnesses who may be called to testify. This statement must be in the form of a sworn affidavit and must be notarized.