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1989 Animals' Advoc. 1 (1989)

handle is hein.animal/aniad1989 and id is 1 raw text is: The Quarterly Newsletter of the Animal Legal Defense Fund Summer 1989 ALDF Forces USDA To Issue Regs To Protect Research Animals A LDF has won a major battle with the U.S. Department of Agriculture (USDA). After a long delay, an ALDF lawsuit has forced the USDA to pub- lish regulations implementing the 1985 amendments to the federal Ani- mal Welfare Act. The 1985 amend- ments were intended to improve conditions for animals presently used in research. But three years after the amendments were passed, animal activists were becoming increasingly frustrated by the delay, which meant continued suffering for millions of animals. In December 1985, Congress amended the federal Animal Wel- fare Act, mandating the use of anes- thesia and pain killers in painful pro- cedures and requiring exercise for dogs and physical environments adequate to promote the psychological well-being of primates. The USDA was given the responsibility of prom- ulgating regulations to explain and enforce these mandates. The promulgation of regulations is a process in which the appropriate federal agency, in this case the USDA, writes proposed regulations and publishes them in the Federal Register (a government publication available to all citizens). The public then has a period of time in which to comment on the proposed regulations. The agency must review all comments and then publish final regulations which provide the specific details of how the new law will work. Many people believe that once a new law is passed, our task is done. Sadly, this is far from true. The issuance of regulations has opened up a new battlefield in which our opposi- tion, the research industry, is using all of its resources to undermine the will of Congress. In March 1987, proposed regula- tions on the pain issue only were published in the Federal Register. ALDF was one of a handful of animal rights groups to prepare in-depth com- ments analyzing them. The research industry applied tremendous pressure to dilute and slow the progress of these regulations. 1987 came and went, so did 1988 and no final regulations, no improved conditions for animals, were anywhere in sight. And, we heard rumors about the continuing behind-the-scenes efforts of the research industry to undermine the entire process. In December 1988, ALDF tired of waiting and filed suit, asking that the U.S. District Court order the USDA to move forward on the regulations. The USDA responded by preparing a timetable for completion of the various regulations, and the court ordered it so. The victory is twofold: USDA may no longer delay release of these critical regulations; and a strong message has been sent, both to USDA and to the research industry, that the advocates of animals don't go away. We will fight to increase the protec- tion of animals through the courts, and we can win! But the battle is not over yet. The research industry continues to work hard to minimize any change. We are still waiting for the regulations on pain to come out in final form. If they do not appear soon, ALDF will go back to court. The good news is that the regula- tions on dog exercise and primate en- vironments have now been published for the first time. ALDF is preparing comments and working with sympa- thetic primatologists in order to assure the strongest protective regulations. We will continue to work towards protection for research animals and to keep you informed of our progress, set backs, and what you can do to help. TH EANIMALS ADVOCATE

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