Position Statement on the Retirement of Research Animals
The National Association for Biomedical Research (NABR) supports the retirement of research animals, when applicable, with the condition that the animals do not lose the protection of their welfare as mandated by the Animal Welfare Act (AWA) and the regulation promulgated to implement the AWA. This condition would require institutions to select retirement facilities that are licensed by the United States Department of Agriculture and that maintain their license in good standing. Currently many facilities that accept retired animals are not licensed, but NABR believes that the existing language in §2133[i]gives the Secretary the authority to license those facilities.
NABR believes that language in 42 CFR 71.53 Requirements for importers of nonhuman primates[ii]supports our position when it comes to the retirement of nonhuman primates (NHPs). Those requirements are that a NHP's can only be imported for permitted purposes which are "for scientific, educational, or exhibition purposes as defined in this section." In addition, the regulation states that a person may not “accept, maintain, sell, resell, or otherwise distribute imported NHPs, including their offspring,” for non-permitted uses. The key phrase is "including their offspring" which are defined in the regulations as "Offspring means the direct offspring of any live NHPs imported into the United States and the descendants of any such offspring." The key phrase here is "the descendants of any such offsprings," would apply to any NHPs in the country in a research facility who were born in this country. Thus, all NHPs housed in research facilities which were either imported or are descendants of animals imported after 1975 can only be retired to facilities that are exhibitors, for education or science as defined in 42CFR71.53.
[i]2133 - Licensing of dealers and exhibitors
The Secretary shall issue licenses to dealers and exhibitors upon application therefor in such form and manner as he may prescribe and upon payment of such fee established pursuant to 2153 of this title:Provided, That no such license shall be issued until the dealer or exhibitor shall have demonstrated that his facilities comply with the standards promulgated by the Secretary pursuant to section 2143 of this title: Provided, however, That a dealer or exhibitor shall not be required to obtain a license as a dealer or exhibitor under this chapter if the size of the business is determined by the Secretary to be de minimis. The Secretary is further authorized to license, as dealers or exhibitors, persons who do not qualify as dealers or exhibitors within the meaning of this chapter upon such persons’ complying with the requirements specified above and agreeing, in writing, to comply with all the requirements of this chapter and the regulations promulgated by the Secretary hereunder
[ii]https://www.ecfr.gov/current/title-42/chapter-I/subchapter-F/part-71/subpart-F/section-71.53