Jump to content
Ornithology Exchange

USDA mandates contingency planning


Recommended Posts

This news and analysis are provided by the Ornithological Council, a consortium supported by 12 ornithological societies. Join or renew your membership in your ornithological society if you value the services these societies provide to you, including Ornithology Exchange and the Ornithological Council!

 

The Animal Care program of the Animal and Plant Health Inspection of USDA (the folks who enforce the Animal Welfare Act) have published a final rule (new regulation) requiring contingency planning.

 

If your research involves holding animals in captivity, then this applies to you! APHIS will not require that you submit these plans, but APHIS will have the opportunity to review annual review documentation and training records, as well as contingency plans, as a part of our routine inspection process. For current licensees and registrants, this date is 180 days after the effective date of this final rule. For future licensees and registrants, we expect the licensee or registrant to have a contingency plan in place prior to conducting regulated activities.

[Federal Register Volume 77, Number 250 (Monday, December 31, 2012)]

[Rules and Regulations]

[Pages 76815-76824]

 

 

-----------------------------------------------------------------------

 

DEPARTMENT OF AGRICULTURE

 

Animal and Plant Health Inspection Service

 

9 CFR Parts 2 and 3

 

[Docket No. APHIS-2006-0159]

RIN 0579-AC69

 

Handling of Animals; Contingency Plans

 

AGENCY: Animal and Plant Health Inspection Service, USDA.

 

ACTION: Final rule.

 

-----------------------------------------------------------------------

 

SUMMARY: We are amending the Animal Welfare Act regulations to add

requirements for contingency planning and training of personnel by

research facilities and by dealers, exhibitors, intermediate handlers,

and carriers. We are taking this action because we believe all

licensees and registrants should develop a contingency plan for all

animals regulated under the Animal Welfare Act in an effort to better

prepare for potential disasters. This action will heighten the

awareness of licensees and registrants regarding their responsibilities

and help ensure a timely and appropriate response should an emergency

or disaster occur.

 

DATES: Effective Date: January 30, 2013.

 

(explanatory material deleted - you can and should read the full text here: http://www.gpo.gov/fdsys/pkg/FR-2012-12-31/html/2012-31422.htm)

 

2. Section 2.38 is amended by adding new paragraphs (i)(4) and (l) to

read as follows:

 

 

Sec. 2.38 Miscellaneous.

 

* * * * *

(i) * * *

(4) The other person or premises must either be directly included

in the research facility's contingency plan required under paragraph

(l) of this section or must develop its own contingency plan in

accordance with paragraph (l) of this section.

* * * * *

(l) Contingency planning. (1) Research facilities must develop,

document, and follow an appropriate plan to provide for the humane

handling, treatment, transportation, housing, and care of their animals

in the event of an emergency or disaster (one which could reasonably be

anticipated and expected to be detrimental to the good health and well-

being of the animals in their possession). Such contingency plans must:

(i) Identify situations the facility might experience that would

trigger the need for the measures identified in a contingency plan to

be put into action including, but not limited to, emergencies such as

electrical outages, faulty HVAC systems, fires, and animal escapes, as

well as natural disasters the facility is most likely to experience.

(ii) Outline specific tasks required to be carried out in response

to the identified emergencies or disasters including, but not limited

to, detailed animal evacuation instructions or shelter-in-place

instructions and provisions for providing backup sources of food and

water as well as sanitation, ventilation, bedding, veterinary care,

etc.;

(iii) Identify a chain of command and who (by name or by position

title) will be responsible for fulfilling these tasks; and

(iv) Address how response and recovery will be handled in terms of

materials, resources, and training needed.

(2) For current registrants, the contingency plan must be in place

by July 29, 2013. For research facilities registered after this date,

the contingency plan must be in place prior to conducting regulated

activities. The plan must be reviewed by the research facility on at

least an annual basis to ensure that it adequately addresses the

criteria listed in paragraph (l)(1) of this section. Each registrant

must maintain documentation of their annual reviews, including

documenting any amendments or changes made to their plan since the

previous year's review, such as changes made as a result of recently

predicted, but historically unforeseen, circumstances (e.g., weather

extremes). Contingency plans, as well as all annual review

documentation and training records, must be made available to APHIS and

any funding Federal agency representatives upon request. Facilities

maintaining or otherwise handling marine mammals in captivity must also

comply with the requirements of Sec. 3.101(b) of this subchapter.

(3) The facility must provide and document participation in and

successful completion of training for its personnel regarding their

roles and responsibilities as outlined in the plan. For current

registrants, training of facility personnel must be completed by

September 27, 2013; for research facilities registered after July 29,

2013, training of facility personnel must be completed within 60 days

of the facility putting its contingency plan in place. Employees hired

30 days or more before the contingency plan is put in place must also

be trained by that date. For employees hired less than 30 days before

that date or after that date, training must be conducted within 30 days

of their start date. Any changes to the plan as a result of the annual

review must be communicated to employees through training which must be

conducted within 30 days of making the changes.

 

0

3. Section 2.102 is amended by adding new paragraphs (a)(4) and (b)(3)

to read as follows:

 

 

Sec. 2.102 Holding facility.

 

(a) * * *

(4) The other person or premises must either be directly included

in the dealer's or exhibitor's contingency plan required under Sec.

2.134 or must develop its own contingency plan in accordance with Sec.

2.134.

(b) * * *

(3) The other person or premises must either be directly included

in the intermediate handler's contingency plan required under Sec.

2.134 or must develop its own contingency plan in accordance with Sec.

2.134.

 

0

4. A new section Sec. 2.134 is added to read as follows:

 

 

Sec. 2.134 Contingency planning.

 

(a) Dealers, exhibitors, intermediate handlers, and carriers must

develop, document, and follow an appropriate plan to provide for the

humane handling, treatment, transportation, housing, and care of their

animals in the event of an emergency or disaster (one which could

reasonably be anticipated and expected to be detrimental to the good

health and well-being of the animals in their possession). Such

contingency plans must:

(1) Identify situations the licensee or registrant might experience

that would trigger the need for the measures identified in a

contingency plan to be put into action including, but not limited to,

emergencies such as electrical outages, faulty HVAC systems, fires,

mechanical breakdowns, and animal escapes, as well as natural disasters

most likely to be experienced;

(2) Outline specific tasks required to be carried out in response

to the identified emergencies or disasters including, but not limited

to, detailed animal evacuation instructions or shelter-in-place

instructions and provisions for providing backup sources of food and

water as well as sanitation, ventilation, bedding, veterinary care,

etc.;

(3) Identify a chain of command and who (by name or by position

title) will be responsible for fulfilling these tasks; and

(4) Address how response and recovery will be handled in terms of

materials, resources, and training needed.

(b) For current licensees and registrants, the contingency plan

must be in place by July 29, 2013. For new dealers, exhibitors,

intermediate handlers, and carriers licensed or registered after this

date, the contingency plan must be in place prior to conducting

regulated activities. The plan must be reviewed by the dealer,

exhibitor, intermediate handler, or carrier on at least an annual basis

to ensure that it adequately addresses the criteria listed in paragraph

(a) of this section. Each licensee and registrant must maintain

documentation of their annual reviews, including documenting any

amendments or changes made to their plan since the previous year's

review, such as changes made as a result of recently predicted, but

historically unforeseen, circumstances (e.g., weather extremes).

Contingency plans, as well as all annual review documentation and

training records, must be made available to APHIS upon request.

Traveling entities must carry a copy of their contingency plan with

them at all times and make it available for APHIS inspection while in

travel status. Dealers, exhibitors, intermediate handlers, and carriers

maintaining or otherwise handling marine mammals in

captivity must also comply with the requirements of Sec. 3.101(b) of

this subchapter.

© Dealers, exhibitors, intermediate handlers, and carriers must

provide and document participation in and successful completion of

training for personnel regarding their roles and responsibilities as

outlined in the plan. For current licensees and registrants, training

of dealer, exhibitor, intermediate handler, and carrier personnel must

be completed by September 27, 2013. For new dealers, exhibitors,

intermediate handlers, or carriers licensed or registered after July

29, 2013, training of personnel must be completed within 60 days of the

dealer, exhibitor, intermediate handler, or carrier putting their

contingency plan in place. Employees hired 30 days or more before their

contingency plan is put in place must also be trained by that date. For

employees hired less than 30 days before that date or after that date,

training must be conducted within 30 days of their start date. Any

changes to the plan as a result of the annual review must be

communicated to employees through training which must be conducted

within 30 days of making the changes.

 

 

 

 

--

Ellen Paul

Executive Director

The Ornithological Council

Email: ellen.paul@verizon.net

"Providing Scientific Information about Birds"

http://www.nmnh.si.edu/BIRDNET"

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

×
×
  • Create New...