Animal Welfare Accountability Improvement Act

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Federal Bill Seeks to Strengthen the Animal Welfare Act

Prohibit Use of Live Animals for Sales Demos, Increase Fines for Violations

WASHINGTON (May 11, 2007) – Legislation introduced earlier this week would prohibit the use of live animals in sales and marketing demonstrations of medical devices and products. U.S. Representatives Steve Israel (D-NY) and Mark Kirk (R-IL) introduced the Animal Welfare Accountability Improvement Act, which would amend the Animal Welfare Act (AWA). The amendment was prompted by an incident at the Cleveland Clinic last winter, when a doctor created a brain aneurysm in an anesthetized dog to demonstrate a medical device to a group of salespeople.

During the demonstration to about two dozen people, the dog, who was under anesthesia, was operated on and then repeatedly manipulated by a group of non-medically trained salespeople in attendance, according to reports. At the conclusion, the dog was killed. The Cleveland Clinic is credited with taking swift action in the case – conducting an internal investigation, taking disciplinary measures against the doctor, and notifying the U.S. Department of Agriculture (USDA). However, The Humane Society of the United States believes there should be a national policy prohibiting such conduct, and the matter should not be left to each institution to settle.

The Animal Welfare Accountability Improvement Act, H.R. 2193, also increases maximum penalties for animal research facilities that violate the AWA from $2,500 to $10,000, as recommended by the USDA’s Office of the Inspector General (OIG) in its 2005 Animal Welfare Enforcement audit report. The bill further specifies that penalties shall be calculated based on the number of animals affected per violation when relevant, also recommended by the OIG. Additionally, it calls for the USDA, the federal agency that oversees laboratory animals covered under the AWA, to submit an annual report to Congress regarding enforcement activities of research institutions and other entities regulated under the AWA. A 1995 law eliminated the requirement for USDA to submit such annual reports, and the agency hasn’t provided one to Congress since 2001.

“Polls have shown time and again that Americans care about the welfare of animals used in medical research and that they expect standards of care to be in place to limit their suffering,†said Wayne Pacelle, president and CEO of The HSUS. “The Humane Society of the United States is grateful to Representatives Israel and Kirk for working to stop the use of animals in live sales demonstrations and impose stronger fines for those who choose to violate animal protection laws.â€

“The Animal Welfare Act was intended to promote the humane treatment of animals in research settings, but its current penalties are negligible for large research institutions,†said Congressman Israel. "It's clear that we need to strengthen the Animal Welfare Act by increasing the maximum penalties and banning the use of live animals in training demos.â€

“It is unconscionable to use animals in a 'do-it yourself' demonstration project,†said Congressman Kirk. “This important update to the Animal Welfare Act will help stop future abuses like those that took place at the Cleveland Clinic. We have the responsibility to protect animals from cruel and inhumane treatment - together we can stop animal cruelty.â€

Facts:

 

 

An estimated 20 million to 25 million animals are used each year in research in the United States and tens of millions more are bred and subsequently euthanized. Approximately 1 million of these animals used for research at an estimated 1,275 institutions are protected by the Animal Welfare Act, which is enforced by the USDA.

The exact number of animals used for sales demonstrations per year is unknown; however, since the Cleveland Clinic incident, information regarding the use of live animals by companies to sell their devices and products is being increasingly uncovered.

Timeline:

 

2007: A brain aneurysm was induced in a dog by a doctor at the Cleveland Clinic for the sole purpose of demonstrating the device to sales representatives. 2002: Congress exempted laboratory-bred mice, rats, and birds used for research from protections under the AWA. 2001: The most recent year during which USDA’s Animal and Plant Health Inspection Service submitted an annual report of their enforcement activities to Congress. 1981: A Connecticut newspaper exposed The United States Surgical Corporation for killing thousands of dogs a year to train surgical staples salespeople. The company stopped the practice after intense pressure from the public and animal protection groups. 1970: The AWA was, with certain exceptions, expanded to cover all warm-blooded animals in research as well as to cover animals in circuses, zoos, roadside shows and commercial breeding operations.

1966: After The HSUS helped expose horrid conditions at a facility that sold random source dogs to research facilities, the Laboratory Animal Welfare Act, renamed the Animal Welfare Act in 1970, was enacted. It covers the care and handling of certain mammals at licensed research institutions and animal dealer facilities.

Media Contact: Belinda Mager, bmager, 646-469-4987

 

 

 

 

 

"Think occasionally of the suffering of which you spare yourself the sight." ~Albert Schweitzer