Loading...
HomeMy WebLinkAbout49-Animal Control , " SAN BERNARD~ 10 - ~,~ ~F~ebi C. Biggs Dept: Director of Animal ATTACHMENT "C". REQU[ IT FO~ COUNCIL At, . ION REC'D.-AtMtI:tOfIhimal Control Department SEP 23 AM I() ~'QCii1abi1i ty Policy Control 1998 I Date: September 23, 1988 ~~ Synopsis of Previous Council action: 6/9/88 Legislative Review Committee requested the Animal Advisory Commission review the animal "Availability Policy". 7/21/88 Legislative Review Committee recommended the animal "Availability Policy" be placed on the consent calendar for ratification. 8/15/88 City Council voted to send the policy back to the Animal Advisory Commission for re-consideration. Recommended motion: That the recommendation of the Animal Advisory Commission to endorse the current availability policy of the City of San Bernardino Animal Control Department which has resulted in improved standards of operation, improved staff morale, increased adoptions, improved relations with the San Bernardino Community and increased public trust and confidence, be approved. W~L'~ 4-' Signature -..; /?T-(:""'-- Contact person: Debi_C..--Biqqs Phone: 3 8 4 - 5 2 7 5 Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. DescriPtion) Finance: Council Notes: II/) ~F SAN BEANARDI~~ - REQUE~" FOR COUNCIL ACT-4)N ",? STAFF REPORT At the request of the Legislative Review Committee on June 9, 1988, the Animal Advisory Commission met on July 20, 1988. The Commission submitted the attached report (#1) unanimously endorsing the existing availability policy and urging Council to adopt an ordinance prohibiting the sale or donation of animals for research because it is counterproductive to an effective animal control program. The Legislative Review Committee stated that although it is not the City Council's function to "approve or disapprove" department policy, the policy would be placed on the consent calendar because it was a controversial issue. Ray Quinto of the V.A. Medical Center suggested that the City adopt an ordinance prohibiting the sale of animals if there was to be a restrictive policy. On August 15, 1988, the Council voted to send the policy back to the Animal Advisory Commission and have the Commission report back to the Council on October 3 with suggestions on loosening the restrictions for the sale of animals to research. The Animal Advisory Commission met on September 14, 1988. Those members present were: Dr. Harold Chandler (Mayor), Elaine Grace (Flores), Terri Overcast (Reilly), Margo Tannenbaum (Minor), and Judy Bliss (Maudsley). Absent were Skip Herbert (Miller) and Dave Light (Mayor). There are no appointments repre- senting Estrada or Pope-Ludlum. After over 1~ hours of discussion, the following motion was made: That the City Council vote to officially endorse the current availability policy of the City of San Bernardino Animal Control Department because of improved standards of operation, improved staff morale, increased adoptions, improved relations with the San Bernardino community and increased public trust and confidence which are all direct results of the current policy. The vote--Ayes: Chandler, Grace, Bliss, Tannenbaum. Noes: Overcast. Motion carr; ed 4 to 1. Overcast wanted to explain her no vote. She stated she morally did not want to override the citizens. vote in June, 1986 on Advisory Measure HH and felt the policy could be loosened in a few of the areas. It is the opinion of the other Commission members and of Jo Orman, President of the Humane Scrci~y of San Bernardino Valley, that selling animals from our facility to research does more harm than good to the department as a public agency. Since the restrictive policy went into effect over two years ago, the adoption and redemption rates have substantially increased, staff morale has improved, and the use of our facilty has increased. Time limitations and revenue: When there were no restrictions on the sale of animals, the department employed two Animal Health Technicians. This was reduced to one AHT by Council for the 87-88 budget. Since an AHT must accompany research personnel, another Shelter worker must be pulled from his/her regular duties to cover some ~f the duties of the AHT while the AHT accomodates the researchers. Aside from loss of work productivity, it cost the City $4803.79 in AHT salary alone to be with research personnel--one third of the research revenue. If one takes into consideration the Shelter Office Specialists' time. 75-0264 -2- r to complete the paperwork and prepare the monthly invoices, the actual revenue is further reduced. There are other, more productive means of generating revenue. The recently approved citation system will produce more than twice the amount of revenue than produced in 86-87 by sales to research. There is no projected revenue from research sales in the FY 88-89 budget. Staff opinion: The staff at the Shelter is always asking, "Why don't they ask us what we think?" So we did. The results were as follows: Would you bring a lost dog you'd found to a shelter that releases unclaimed animals to research? 54.5% said no. If you could not keep your own pet and brought it to a shelter that released animals for research, would you sign a form giving permission for your pet to be used for experimentation? 72.7% said no. Would you donate money to an animal shelter that voluntarily sold or gave pets to research? 54.5% said no. If there were a stray dog in your neighborhood, would you be less likely to report it if you knew it might end up in a research lab- oratory? Evenly divided. As an employee: Do you think our public image has improved since we stopped selling? 81.7% yes. (One employee was no, one employee recently employed and "doesn't know"). Do you think we should sell animals to research? 72.7% no. Should the City Council vote to prohibit the selling of animals to research? 63.6% yes. When asked, "Do you believe in, support, or are in favor of medical research?" 28.6% of those that said yes also answered yes to the question above. Of the 453 cities in the State of California, only two city agencies (San Bernardino and Hollister in Northern California) sell animals to research. Holli- ster's sales have decreased 82.5% in the last year. Our Shelter has not sold an animal sinc~-March of 1987. The issue before you is not one of debating whether research using animals is beneficial or not but rather, should our trust and confidence as a municipal agency deteriorate. The Animal Advisory Commission feels it is not the responsi- bility of the City of San Bernardino government to supply shelter animals for private enterprise. But it is the responsibiltty of the City to provide a credible animal control program that has the trust, confidence and support of the citizens as a viable public agency. Dr. Harold Chandler, Chairman of the Animal Advisory Commission will be present to discuss the issue further. , , ,Y 21, 19:=:8 ~ At a meeting of the Animal Advisory Commission on July 20, 19B8, the "availability policy" and internal prc.cedures of animals for research was discussed. Loren Me Queen of the City Attorney's offict stated that Advisory Measure HH was a voter opinion "having no legally control I ing effect over the legislative acts of the Mayor and Common Council." She also stated our availability policy is not in violation of any law or ordinance therefore, no "circumvention" of the law is taking place. We are not "bound" to sel I, nor are we prohibited. If we do sel I, the fees are set by resolution, as is the process if both a research institition and a. private citizen wishes to obtain the same animal. The followins are the recommendations of the Animal Advisory Commission: Mc.tion:That the City Council vote to officially endorse the current availability and adoption pcolicies of the City of San Bernardino Animal Control Department. Motion carried. Motion: That the City Counci I adopt a.n ordinance prohibiting the sale or donation of any animal for reasearch, testing, experimental, or teaching purposes. Motion carried. It was a.greed that the sale of impounded animal shelter is counter-productive to an control program. ~nimals from our effective animal Respectfully Submitted, DR. HAROLD CHANDLER Chairman, Animal Advisory Commission .. .#-l i ~~ . . . . - 2 - 2. No animal shall be released for medical research by the Department of Animal Regulation except as authorized by section 53.11 (h). 3. No animal shall be released for medical research until the animal has been impounded and held for a period of at least five days. 4. No owner's unwanted animal shall be released for medical research if the animal has been relinquished to the Department of Animal Regulation for destruction. 5. No stray dog wearing a dog license tag shall be released for medical research. The passage of this ordinance gave medical research, under some basic guidelines, limited access to unclaimed animals and at the same time set the stage for opposition against the DeparLlient of Animal Regulation to be waged by many humane organizations and pet owners alike. Many of those persons responsible for opposing passage of Section 53.11 (h) are still fighting the release of animals to medical research. The point to be made is that battle scars of 1950 have remained intact and have continued to prevent a unification of effort by concerned persons for the good of ani- mals and medical research. During those thirty years the Department of Animal Regulation complied with both the spirit and letter of law. Changes in- stituted by the Department to make the ordinance more workable were as follows: 1. The Department required that owners' unwanted animals would not be released to medical research unless the owner specifically requested in writing, on the im- pounding form, that the animal was to be made available for research. 2. The Deif~tment required that all stray animals would be held a minimum of seven days from date of impoundment. This extension from five to seven days was made necessary to facilitate the return of lost animals. 3. The Department required that medical research could not obtain impounded stray animals unless said animal was made available for sale to the public for at least one full day. This provision made it necessary that all animals sold to medical research would be held at least eight days before release and three days beyond the minimum set by the original ordinance. . - - :3 - 4. The Department required that only adult animals, ani- mals in good health and animals in good condition could be purchased for research purposes. 5. The Department caused the placement of signs in each public lobby of each District Animal Shelter advising the public that unclaimed stray animals could be made available for medical research in accordance with Section 53.11 (h). While the changes in operating procedures were essential, the release of animals to medical research caused the Department of Animal Regulation to be placed in a most difficult, if not an impossible situation. Much of the medical research facilities in existence in the early 1950s and 1960s could be classified as being in an embryo state. Most of the buildings utilized for research were converted military type barracks, or old buildings not specifically designed for housing animals, much less people. Simply put, while the California Department of Health had the responsibility for inspection and control for medical research establishments, most certifications were routine and did not cause required improvements. The care and housing of animals apparently occupied the lowest priority in most medical research budgets. Because of this low priority of concern re- flected by the medical research community, many involved persons and humane organizations became very frustrated due to their in- ability to instantly correct objectionable conditions. The Animal Welfare Act which was adopted in 1966, established the first federal standards and requirements for medical research facilities. These standards and requirements were contained in the Laboratory Animal Welfare Act of August 24, 1966 (Public Law 89-544) and as amended by the Act of December 24~ 1970 (Public Law 91-579). Said standards and requirements are administered by the United-~tates Department of Agriculture as provided under Title 9 - Animals and Animal Products, Chapter I, Subchapter A - Animal Welfare Parts I, 2, and 3. Implementing rules and reg- ulations have been published in the Code of Federal Regulations (CFR) Title 9. However, enforcement of the Animal Welfare Act was not immediate. Congress finally funded an enforcement pro- gram which was not then nor now adequate to secure compliance with federal mandates. Given all of these problems and many not mentioned, the ordinance ~id provide, commencing 1950, a means for improving the care and housing of all animals in medical research. Because of positive attitude displayed by the Department of Animal Regulation and many persons in the medical research community, ~edical research .' - 4 - priorities gradually changed and made possible substantial im- provements. As a result of improved facilities, research techniques and medical research capability, Los Angeles was finally recognized as a highly qualified and respected medical research center. However, this image of a modernized medical research center did not change the minds of some concerned pet owners and some humane organizations. For during this thirty- year period the DeparL~eIlt of l~imal Regulation released approxi- mately 82,502 animals for medical research as shown in the attach- ment. Many of these animals could have been placed in homes if the ani- mals had been given a greater opportlli~ity. The fact is that these animals now confined to cages would have difficulty in ad- justing to a medical research environment. Both sides of the argument for or against the release of animals for medical re- search does not appear to have changed in thirty years. The heated and stormy arguments still persist. Thirty years later, almost to the day, the Board of Animal Reg- ulation, at its regular meeting held on November 18, 1980, City Hall, adopted a motion requesting that the City Council repeal Section 53.11 (h) of the Los Angeles Municipal .Code'- - This recommendation, if adopted by the City Council and Mayor, would repeal Section 53.11 (h) and prohibit the release of any animals by the Department of Animal Regulation for medical research. The motion as adopted by the Board of Animal Regulation was predicated upon the following findings made by a committee des- ignated as the RAnimals in Research Advisory committeeft. 1. That former pets used in research facilities suffer accutely in a laboratory environment. 2. That the use of former pets in research destroys the entire concept of animal shelters. 3. That there have been repeated violation of both the spirit and letter of the law. ~e Animals in Research Advisory Committee was comprised of three members which served at the pleasure of the Board. Members were .Commissioners Rita Hoisch and Joan Peck, and a non-member of the Board, Mary Ann Masey. The COmmittee studied the use of animals in medical research for more than a year before submitting a recommendation to the Board of Animal Regulation on October 18, 1980. The impact which Section 53.11 (h) has had on the Department of Animal Regulation has been substantial. Many thousands of persons . - 5 - finding stray animals will not relinquish the animals to the Department. The reasons for not relinquishing stray pets to the Department are many and varied, but the possible threat of releasing stray animals to medical research is most always present in their reasoning for non-compliance. A close review of newspapers, magazines, advertising inserts and almost every commercial store which carry or will post -lost and found" ads will soon convince the most novice person that the enormity of the problem has been badly understated. However, the fact that a citizen will not turn a stray animal over to the Department because of the mandate to release animals for medical research is sufficient to cause concern. Because many stray animals are not relinquished to the Department of Animal Regulation, departmental staff, volunteers and h~u~~e . organizations are forced to spend thousands of working hours assisting'persons in a fruitless search for lost pets. If the medical research barrier can be removed, the Department could then make official demands for custody of found stray animals. Since dogs are classified as personal property, the practice of -finders keepers" is a violation of. State law, but this law appears to have little effect on those persons taking up stray animals. The emotional shock which hits a person or family when a pet is lost is substantial and for that person or family to be deprived of their pet because the Department is releasing animals to medical research is most unfortunate. The primary impact on medical research is inconvenience and financial. ~he Department of Animal Regulation received approxi- mately $16,000 in revenue from medical research institutions during fiscal year 1979-80 for the purchase bf 1,741 animals. If the same medical research institutions bad to replace this number of animals from the privately licensed animal dealers, the cost for 1,741 animals would approximate $435,250 per fiscal year or $25~-per animal. The one remaining question which must be answered after you bave determined the degree of financial im- pact on medical research is the ability to secure desired animals from licensed animal dealers. The answer to that question is an emphatic yes. Required animals can be obtained from licensed dealers or medical research can reproduce required animals under a colony type situation. Many persons in the research community' fully believe that a time for change has arrived. #In our estimation, a time for change is at hand. search should no longer expect the Department of to serve as a supply agency because that kind of is counter-productive when our duty of providing of animals in a humane manner is hindered to any Medi~al re- Animal Regulation role and labeling care and control . degree. . .. ~ t I, - 6 - Medical research can and must assume their role as respected in- stitutions of learning and clearly demonstrate that kind of leadership which can recognize a badly needed change which would enhance the quality of life for all living things in our city. RECOMMENDATION That Section 53.11 (h) of the Los Angeles Municipal Code that mandates that the Department of Animal Regulation surrender unclaimed impounded animals for medical research purposes be repealed by the City Council and Mayor. Such action is necessary if we are to restore full public confidence in the Department of Animal Regulation and to facilitate the return of lost pets to the rightful owners. RI R: pn Attachment .. .. ~~.._... ~. .. __ - .._. ~ ;....._ ':. _,_U < _.-..~..~" - ---...-, OBSERVATIONS AND RECOMMEh_ATIONS RELATE. ro THE USE OF ANIl'.ALS IN RESEARCH IN THE CITY OF LOS ANGELES by the Animals 1n Researc~ Advisory Committee October lti, 1980 I. INTRODUCTION In August, 1979, the Board of Animal Regulation appointed a sub- committee consisting of Commissioners Rita Roisch and Joan Peck to study the subject of an1mals used in research and make recom- mendations to improve the c~nditions of animals in laboratories in the City. The committee was later expanded to include a non-member of the Board, Mary Ann Masey, and was renamed tbe An1rrBls in Research Advisory Committee. A. GENERAL INFORMATION Currently, limited protection for laboratory an~als is oon- tained in the federal Animal Welfara Act (1966, 1970, 1976). The Act deals mainly with the housing and care of animals in labora- tories and at dealers' facilities. It doea not address itself to the types of experiments done on animals or to the pain inflicted except to req~~re "the appropriate use of anesthetic, analgesic, or tranquilizing drugs . . . when the use of such ~rugs is con- sidered proper in the opinion of the attending veterinarian,"* provided thst tha administration of such drugs would not interfere with the "actual resaarch or exparimentation by a rasearch facili- ty as determined :J; such research facilit1."H * Public Law 91-$79, 1970 \I\nimal Welfare Act"amendment). See U.S. Code, 1970, Title 7, ~,~s. 2131 et seq. *" U.S. Code, 1978, Title 9, Anil'.-ls and Animall'roducts, Chap. 1, Subchap. A. (U.S. Dept. of Agrl,,'lture, Animal and Plant Health Inspection Service) Animals in Research Advisory Committee Page 2 Many animals, such as rats and mice, are excluded from the Antmal Welfare Act, and it is eatimated that only about S per oent of the animals in laboratories are covered by the Act.* Furthe~ore, no inspections or enforcement of the Act took place for several weeks recently because funding ran out six weeks before the end of the federal fiscal year. In addition to following federal standards, many institutions vOluntarily seek accreditation by the American Association for tbe Advancement of Laboratory Animal Care (AALAC). AALAC standards are a refinement of the housing and care standards set by the Animal Welfare Act. Many research facilities obtain unclaimed animals from public. shelters. Some half a dozen states currently have laws ~gainst "pound seizure," but most often the decision is left to local entities. California has no law regarding pound se1.zure, but the City of Los Angeles has an ordinance mandating the surrender of animals to certified research facilities. . I ! The use _of~animals'in research has come under close scrutiny in recent years, not only from traditional opponents such as anti- ---~ vivisectionist groups, but also from such diverse quarters as journalists, elected officials, scientists, animal welfare groups heretofore uninvolved, or at least maintaining a low prOfile, and the medical profession itself. Articles on the subject have *"Laboratory Animals," Representative Pat Schroeder, The Humane Society ~, Summer, 1980, p. 13 Animals in Research Advisory Committee Page J , . appeared not only in animal welfare publications but also in the masS medi~, such as the ~ ~ Times and Reader's Digest, and on the television program, "20-20." A National Coalition for Alternatives to Animal Experimentation was formed. In New York state, the Metcalf-Hatch Act mandating release of unclaimed pound animals to medical research was repealed, and similar legislation is currently underway in other states. A nationwide campaign was initated to end the Draize test using rabbits' eyes to determine the irritancy potential of consumer products. Two bills on an~al research were introduced and currently are being discussed in Congress: HR 4805 would support the development of alternatives to the use of live animals in medical research. HR 6847 would amend the Animal Welfare Act to provide for more humane treatment of laboratory animals. Locally,.an effort to end pound seizure state-wide through legislation or an initiative is gaining momentum in California. Increased awareness of the use of animals in research and experi- mentation and reform attempts directed towards it are a result, we believe, of the expansion of the field in recent decades into a mammoth and complicated structure where millions of dollars (many of them taxpayers' dollars) are spent and millions of animals are sacrificed for purposes which are not readily known by the general publiC. According to Congresswoman Pat Schroeder ot Colorado, author of HR 6847, "American researchers sacrifice approximately 65 to 100 million animals annually in experiments --:- Animals in Research Advisr-"'y Committee pa g! 4 that often involve intense suffering."* Grants by the National Institutelof Health (prime dispenser of tax money for research) totaled more than 1.5 billion dollars in 1978.** It is important to note here that the interest currently belng generated in the issue of animals in research Is not the same as the traditional anti-vivisectionist cry to end all animal experi- mentation. Rather, its stance is reformist, its goal is to alle- viate suffering. We share that approach. B. LOS ANGELES - BACKGROUND According to the Federal Register of April 3, 1979, (Part V, Department of Agriculture), there are 20 facilities within the boundaries of the City of Los Ang~les registered with the federal government to do research on animals. (Some of these facilities are on federal, state or county property.) There are eight licensed animal dealers within the City. Of the licensed research facilities, fifteen were authorized during Fiscal Year 1979-80 to buy animals for medical research from City shelters in accor- dance with Sec. 53.11 (h), L.A.M.C. Not all of them currently do so. Sec. 53.11 (h), L.A.M.C., came into being as the result of a special municipal election in 1950 when it was placed as a propo- sition on the ballot. The ordinance permits "reputable institu- tions of learning, hospitals, research laboratories or their * Pat Schroeder, ~. ~. **~. Animals in Research Advisory Committee Page S allied institutes" in the City to "use humanely unclaimed im- pounded animals for the good of mankind and the increase at know- led~ relating to the cause, prevention, control and oure at disease." Such institutions must be certified by "the Health Officer" (at that time the City Health Officer) when "he 111 satisfied (that the institutions) will use animals humanely tor purposes above specified." Prior to consolidation at the city and county health departments, certification was done by the City. Now it is the responsibility of the County Department of Health Services. Th6 standards used for certification are those contained in the federal Animal Welfare Act. / Our city ordinance goes on to state that no pound animal shall be sold to research until it has been impounded tor at least tive days, that no animal shall be surrendered to research it it has been turned over to the shelter by its owner tor destruction, and that no impounded animal wearing a current license tag may be sold for research. Lastly, the Department of Animal Regulation 1s instructed by the ordinance to adopt rules and regulations for the care of impounded animals sold to research based on a 1949 public _bealth report titled "The Care of the Dog Used in Medical Research." The number of animals sold to research by the City in Fiscal Year 1979-80 was 1,741. For the past ten years the number has ranged from about 1,600 to approximately 2,800. Animals in Research Advienry Committee Page 6 L.A.M.C., Sec. 53.11 (h) was the result of the passage of Propo- sition C in 1950, after a long and bloody battle before City Council between animal lovers and the animal research prof~s8ion. Thirty years later, the wounds of that battle are still open. While we, as members of an official committee, were received graciously at each institution which we visited, we also could not fail to note an in~rained distrust of any effort which might re- sult in an intrusion on research operations. In some instances, fear of and resentment towards the animal welfare movement in general surfaced. Conversely, many animal lovers will not sur- render a found animal to the shelters because of the possibility that it may be sold to researoh. II. OBSERVATIONS The Advisory Committee on Animals in Research obtained permission from and visited four institutions: U.S.C., U.C.L.A., Cedars- Sinai and the Veterans' Administration, Wadsworth. We saw how research animals are maintained. Staff veterinarians and, in one instance, members of the research staff, made themselves available to us. The Committee also studied printed material ----~ on animals in research, including official and non-official publications, articles and independent studies. The City's chief veterinarian, Dr. Walter Ziegler, and Dr. Michael Fox, head ot the Institute for the Study of An1mal Problems and a well-known authority in the field of animal behavior, contributed their expert knowledge. We also contacted the local headquarters ot the National Society for Medical Researoh. Animals in Research Advip~ry Committee Page 7 The following are our observationsf A. HOUSING STANDARDS AND ENVIRONMENT Generally, the housing standards which we saw seemed to oomp11 not only with federal law but also with AALAC standards on space, ventilation, etc. The one exception was the Veterans Administra- tion in West Los Angeles. Aside from some indoor-outdoor runs in one building, housing for docs consisted of stand up-sit down- turn around cages from which the animals were taken for exeroise only when they were walked to another building for experimentation. Cat oaging appeared oramped; the oats we saw were very vooal and restless. A rabbit barracks - a converted, World War II affair with leaky roof - afforded no shelter from the elements, and a dead rabbit was being removed as we entered; it was raining. Animals were destroyed by a veterinary assistant by means of an injection of potassium ohloride, whioh causes a massive heart attack. This practioe was discontinued, we were told, and euthanasia b1 injection of sodium pentobarbital instituted after we voiced our concern. . Veterans AdwA~tratlon indioates that it is planning to build a new animal faoility in aocordance with the highest standards now reoognized (AALAC), even though federal law now exempts federal research institutions from inspections. We were apprised of the plans for the new facility at a meeting of the Animal Studies Subcommittee, comprised mainly of members of the research s taft. Animals in Research Advisor~ ~ommittee Page 8 In general, the physical condition of the animals we saw appeared good. There were exceptions. At Veterans Administration a score of white rats, thin to the point of starvation as the resu~t ot a nutrition study, ran to the bars of their cage and screamed.at us. At U.C.L.A., there were two dogs being used for gastro- intestinal research which were emaciated, one of which lay prone and unable to rise. The veterinarian who accompanied us said that these animals were overdue for euthanasia. In addition to the above instances, we also saw animals with tumors and bandaged heads from which protruded implanted connectors. We at no time witnessed any person conducting an experiment on any animal. We did not see all of the animals housed at all of the facilities we visited. The environment in the research facilities we visited, even when it was up to the highest standards now set, did not, in our opinion, meet many of the needs of the animals. In most instances, animals were isolated from others of their kind in cages which allowed them only to lie down, stand up and turn around. Some antmals we saw had been confined in this way for months and, in a few instances, years. We were told by staff at Cedars-Sinai and U.C.L.A. that the dogs were removed from their, cages once a day for exercise in runs measuring about one-third the size of a run at our city shelters. At Veterans Administration, a few dogs were housed in indoor-outdoor runs comparable to those in our shelters, but most were caged and taken out only when they were to be used tor experiments. Environmental conditions at U.S.C. were the best we -.- ---- . . t. .~~ ~V) 'l ~ ~~ Ar.lmals in Research Advisory committee Page 9 saw for dogs. There was more spacious housing for most of the dogs, more reel exercise time was given - long-term dogs were walked daily, and there was much social interaction between the animals and handler. According to Dr. Fox, laboratory animals need varied sttmuli and ~ soclal interaction, not only for their own well-being, but also so that they may be good models for research. A booklet dis- -~_._-~' tributed by the U. S. Department of Health, Education and Welfare also emphasizes the importance of controlling environment to reduce the psychological stress on laboratory animals.* B. PAIN, DEBILITATION, DUPLICATION Federal law permits painful experiments. Standards set forth by the Secretary of Agriculture for the humane care of laboratory animals, including the use of anesthetics, analgesics and tran- quilizers, state that "nothing in these rules, regulations, or standards shall effect or ~nterfere with the design, outlines, guidelines, or performances of actual research or expertmentation by a research facility as determined by such research facility.*O --. - --- At some research facilities, a veterinarian is empowered to reject an experiment proposed by an investigator. (One such rejected experiment at U.C.L.A. would have entailed forcing a dog to wear a helmet-like device from which jets of air would continually hit one spot on the gums.) Our concern is that painful or * "Preoperative and postoperative Care of the Laboratory Dog," N. Bletcher, (Supervisor, Animal Surgery Laboratory, Depart- ment of Surgery, School of Medicine, U.C.L.A., 1959 ** u. S. Code, Title 9, ~. ~., 197~ Animals in Research Advi9~~y Committee Page 10 debilitating experiments do occur when a veterinary statf for one reason or another does not exercise its power. It is possible for an investigator alone to determine the validity of and. justification for the experiment without thought of the suffering ~might cause in as much as one of the main functions of the veterinary staff, we were told, is to supply the right animal for the experiment. An additional concern of ours is that the term "pain" is not defined in the Animal Welfare Act or standards promulgated by the Secretary of Agriculture, but by implication would seem to be limited to distress which could be alleviated by painkillers. r Legally, then, a research facility need not be concerned with. debilitation or psychological discomfort resulting from an experiment. Last, there must be much duplication of painful and otherwise distressing experiments for animals in as much as there is no nationwide "clearing house" where types of experiments are recorded. C. POUND A~n':ALS IN RESEARCH Most of the dogs and cats we saw at research facilities had been purchased from publiC shelters. Place purchased and date of purchase were noted on cage cards for each. Even those animals purchased only a tew days prior to our visit appeared in excellent condition, well-fed, with good coats, and friendly. They did not appear to be the neglected pet which strayed and no one bothered to look for. We believe that many of these animals, espeoially dogs, ended up in one shelter while their owners looked for them in another. This is not difficult to accept if one considers the Antmals in Research Advisory mmittee Page 11 \ \ I I jigsaw puzzle of animal control jurisdictions within the bound- aries or Los Angeles county. The use of former pets in research facilities and their acquisition from our city shelters create. two significant problems for us as persons concerned with both humaneness and effective animal control. On a humane level, we believe that former pets suffer acutely in a laboratory environment. Dr. Dallas Pratt, fellow of the American psychiatric Association, says it succinctlY: ".. · there can be little doubt that the confinement, the boredom, the losS of companionshiP, and the suffering repeatedlY inflicted (inexplicabla to e gentlY nurtured pet) add up to maximum distress for an animal which was not born and raised as s caged prisoner."* From an animal control standpoint, pound seizure destroys the entire concept of an animal shelter which is supposed to protect the ani- mals within its confines. The Department of Animal Regulation has made many advances in the humane treatment of impounded animals which should helP bring about the public trust so necessary if we are to do effective animal control. But fear pf pound seizure continues to loom as a specter in the eyes of many animal lovers who still refuse .to surrender found animals to a shelter system which sells to laboratories and in which, therefore, they have little trust. Last, we believe there are grave problems inherent in our city ordinance mandating pound seizure (Sec. 53.11 (h), L.A.M.C.). W. * Dellas Pratt, M.D., Painful Experiments ~ Animals, Argus Archives, 1976, p. lU2 Animals in Research Advisorj ommittee Page 12 believe it is impossible to guarantee that some important pro- visions of the ordinance ara being adhered to or have been adhered to for the past 30 years of the law's existence. In fact, .we believe there have been repeated violations of both the spirit and lett~r of the law: The ordinance specifically states that impounded animals surrenderad for research shall be "used humanely." The word "humane" is defined in Funk & Wagnalls ~ Practical Standard Dictionar~, Britannica World Langua!!e Edition (1957) as "having or showing kindness and tenderness; compassionate," and is further explained as "Humane denotes what may rightly be expeoted of mankind at its best in the treatment of sentient beings." We believe that lt ls the. intent of the ordinance and was the intent of the electorate which voted it into law that anlmals sold to laboratories from our shel ters be trea ted exec tly as defined, "humanely." The faot i8 they often are not. The certification process whereby it is deoided that oertain in- stitutions will use animals humanely and may therefore purchase impounded an1~s is based, according to both city and oounty veterinary staffs, on the fedaral Animal Welfare Act. The Antmal Welfare Act addresses itself to;ninimum._standards for housing and maintenance only and permits the infliction of pain and suffering ~ ----- for the sake of an sxperimsnt. Its use as a standard for certifi- oation, therefore, does not insure that animals sold from our shelters to research are being "used humanel,.." Antmals in Research Advisory ~ommittee Page 13 An additional problem with oertiticetion is that the process itselt has not been working as mandated by law. The veterinar, services branch ot the County Department ot Health Services ha. been responsible tor the certification procedure since the merger ot the city end county heelth departments. However, and by their own admission, county ofticials do not deem it their responsibility to notify the City when an institution is no longer certitied. As a result, the City inadvertentlY violated its ordinance by selling animals to the Veterans' Administration in West Los Angele. tor almost three years (January, 1978 to September, 1980) after that facility had requested county officials that it be removed from the certified list. Last, our city ordinance specifically states that animals from our city shelters only be sold to intitutions within the City whic~ have been certified. In reality, animals have been sold to a certified facility within the City only to then be trensterred to an "affiliate" institution outside the City which has not beeD ~ certified. As a case in point, animals sold to U.S.C. under term. of the ordinan~ were moved to a tacility es far away as Palm Springa. ------------ D. PRACTICE- SURGE~Y Budding surgeons in the United States practice their cratt OD animsls. Many of the dogs sold to medicsl schools or hospital. trom our shelters are used tor this purpose. Sometimes thes. animals are euthanized betore they come out of the anesthetic. ether times they are used repeetedly. We observed one such dog at U.C.L.A. Our veterinarian escort told us that while the practic. Animals in Research Advi~~ry Committee Page 14 . . of using an animal over and over again was generally frowned upon, that this particular dog "seemed to be doing nicely" after several surgeries. Dr. Carl Rowan of the Institute for the Study of Animal Problems, who himself has an extensive background 1n animal research in England, told us that medical students are trained differently in many other countries. In England, the Cruelty to Animals Act ot 1876 bans experiments on animals for the purpose of obtaining manual dexterity. In that country, Dr. Rowan said, students stand at the side of a skilled surgeon and are gradually trained by participating in an operation on a human. ) The difference between the two methods has raised questions in our minds in view of the vast numbers of animals sacrificed yearly in this country for practice surgery. E. QUALIFICATIONS FOR INVESTIGATORS At present, investigators need know nothing about the physiological or psychological makeup of the animal on which they experiment. The results of ~~an consumption of drugs and chemicals such as Thalido- mide, DES and saccharin - all extensively tested on animals - have been well publicized. Without getting into the argument about whether or not animals can be validly used for such purposes, we believe that requiring a researcher to be knowledgeable about a proposed animal model can only be beneficial, both to the animal and to research. Animals in Research Advisory Comm1ttee Page 15 F. ACQUISITION BY DEALERS Under federal law, research fac1lit1es must acqu1re the1r an1mal models from 11censed dealers, but the latter can obta1n an1ma1s from anywhere. It 1s be11eved by many people 1n the Los Angeles-- Orange County area that one dealer has fraudulently obta1ned cats from pet owners who have advert1sed by representing himself as a prospect1ve home. And, of course, reports of pet knapp1ng are recurrent. G. TOXICITY AND IR~ITANCY TESTING Animals are used 1n a var1ety of tests to determ1ne the toxio or 1rr1tant potent1al of many consumer products, from drugs to detergents and cosmet1cs. The LD-50 test 1s one of these. Its name stands for "lethel dosage for 50 per cent of the an1mals used." The test cons1sts of feeding mass1ve doses of the test substance to a group of animals to d1s- cover at what dosage level half of them d1e. The test substance 1s administered 1n the food, by capsule or by stomach tube. The Dra1ze ~eat (named for 1ts inventor) 1s used to determ1ne the eye irr1tancy of a product. Rabb1ts are used because they have no tear ducts which would wash away the substance, and because their corneas are extremely sens1t1ve. The rabb1ts are restra1ned 1n stocks and the substance placed in the eyes, with reactionfJ".sucb as ulceration, recorded. Ani!lial~ in Research Advi~"Iry Comlnittee Page 16 Animals also are used to test the respiratory effects of aerosol products, such as hair sprays. Toxicity and irritancy tests are not specifically required for cosmetics by the Food and Drug Administration, although many people believe they are required because most major companies do test. FDA regulations state only that a cosmetic's ingredients shall be adequately substantiated for safety prior to marketing or carry a warning label. It is possible to buy safe cosmetics which have not been tested on animals. , Some products other than cosmetics, such as pesticides, general household products and medicines, are subject by law to testing. Controversy over the use of animals in these tests is growing, with both the ethics (particularly as applied to vanity products) and reliability of the tests being questioned. A coalition to stop the Draize tests was formed earlier this year on the grounds that such tests are not only cruel but unreliable. H. THE SCIENTIFIC ELITE Judging by ()-ur- own experience, it is an almos t impossible task for the ordinary citizen to discover what is being done in the field- of research using animals, and for what purpose. Unless the results of an experiment have news value (see Attachment A), the lay person is simply given general terms such as "ulcer researCh, nutrition studies, thoracic experiments," etc. Animals in Research Advisory Committee Page 11 ATTACHMENT A . ~;;':;Ij~: .t, ~..:+ . '. '.~>.:~L'::'~ ~~. .~~~;.~ .:;: ~':i.i,..:!,:t;~; ,:..~ ~....:~:. ~ : '.~i-'..J~;:~. :'.":',..~.i:~'~:~~~:~;}:; ~ ~;!:;'~l.!-4;;5... ":I:f'f-:'r"BOSS'S";-JOS--'''.AN'' BE"':'A'" 'KILl': ER ~,,-;;!'~.+ [~~~~'\.,.. .,'.' . . '. .,' ..\ ...' '~A. ::. :..... ,:::: ""1'::':""'" .' :"r"": ,.6X1~::~;~.- . -:,,:l;,.~. ,", ift..... f' n:~-;(':; '.' '.;.... .:: I"'-..~.........~. <.''!~''''''!' ?"'q,.,:',.....,,'.'.,...~!. ~::I.. -..:-'-:'t~' . ,." '... :~;'~""." :........-.. ,~. 2,"":, to..tT ,... ~i f.j,'" -':1:~ ,.1 ' .'...... \. I. I" .,1, ,'.J,.r'.. ';,.I . ......... i . '." ~'., ';_. ." - yOO;J;enoMnty' em' b4i'aitered 8bbPIY hi." "nirinkey~~vecJ'.bOW 'butOftIy oiJe'dt ...'~:!::.. ';,;,-.~wbe~ryou are the boss or the bossed. a now- .pair<:ou.ld prevent them.. '.' ., .,....... ..~'., ,..~;..i',jJ.. .'. . . classic 8tudy or monkeys at the Walter Reed . "'The experimental. or: ~executlve'~' monkeY J ,\: ';,~ :'Anny Institute or Research Sugge8ted more than eou1d prevent shocks to himself and hJI 'part.der';r ~;. . ~1! " 20 years ago. And It confirmet1.:what business eir-. by pressing the lever; the conlrol monkey', Jeni'>'j.ji, ~.;. ecuUves have 10ns knoWD:.the stresses allied-' . WD.. dWlUlJ,Y .~and .1Us. deciltoDl mley...t).:~",..; ~.., Bion-makingareenougb to give you an ulcer. .: ';: Bradysaid.'" ': <: '. . ,:.' ......" ;. : "::"" -'jl1'. BehaVioral btoIOgist Josepb .Bnldy; nowrt1 . Alone ObIerver'deseribed the~iCine:'~.r~tt) f 'Johns Hopkins University, WD COOducfJnB ...-: . time the .executive monke,' makes. 1liistake...dO. .. . ries of experiments on emotional behavior when they both _gel." ,boCk. The 'peon~ or controli'; ti. . ,ODe group of his animal, su~ InexpUcably . monkey II out. there jUst t.I'ying to get alongaDcl. . ;~:. . . ; " died. Autopsies revealed-they bad developed ul." every now ~d then-zap! His decisiona an.;. .j .. . c:enr and suffered other gastrointestinal damage,' without tJ:1fluence: he doesn't know wby be., pt~. " ;' ~ " a nre occurrence in laboratory aniInalJ. So Brady . t1ng zapped. The executive monkey ImoWl eact;.. '. . andbisteamtoot.cloeerlook.":> , ',.' '. ..:'. IywbY-hisdeclsionsmakethedifl~,:., So-called "executive" 'monkey.. beld In toe-,.. 'he dies ofa pepUC ulcer." " .... . ,: '~"':'. . training chairs, had beeri t.i'8ined to avoid eJeC:tr1c' ;, ': 'AI the experiments progressed. the eaeuttYe~~"'., .bocks by pressing a Jever'-The anini.f would re~ . .:' monk~ys BOt tncreasingly irritable. crank, aDd ~. . celve . abock to the leet at regular, intervals. siy' " neurotic. .....and again developed uleen. But,the '; . every 20 seconds. unless it ,learned to press the ' peons not only faded to develop ulcers, the,.,' .: lever at least that often; -, ~" c" .- -. seemed to get tamer.' more docUe.11lOn! puilve.~. ;.;;, . 'To test the possibWty 'that physical Itresa.Iiot It wu 0 thougb they adopted an fUjtUde ,af :,,! . I : :c.,JJIYehological stress, had caused the uleers. a 1eC"- "'that', life-~very aow; end .tlten. zap. J/O ~w"'.~ !i;{\~. ~:~;~~~:e;;:~:;,:-;~':f~=;~:~:~~;, .~~~~~;~j~~k~i~~i:ft~~~~,i~~~~~~~;~: LOS ANGELES TIMES August 25, 1980 / ~.mals in Research Advisor~ Coromi ttee Page l'a Part-of the problem, we realize, is due to the specialized nature of the work being done and the difficulty in translating it into lay terms. We believe, however, that there are two other factorc at work: an elitist stance and a defensive posture on the part of much of the research community. Whatever the reasons, the re- suIting public ignorance has brought about a lack of public control. Legal constraints are few, and the real decision-making is done by the grant-giving agencies, paramount of which is the National Institutes of Health, which dispenses taxpayers' money. It is difficult to think of any other field of endeavor supported so .. generously by public funds where the same amount of trust is placed. III. RECOMr-:ENDATIONS A. The City of Los Angeles should adopt an ordinance en- compassing the following points in order to protect all animals, i. e., all live vertebrate creatures, used for research in the City. 1. All animals in research, testing or teaching facilities, or in facilities where they are used for the production of medical or veterinarj products, shall be humanely treated in the gen~relly accepted sense ~f~he word, i. e., with the kindness and compassion that exemplifies the best qualities of humankind in its treatment of sentient creatures. 2. All animals used in such facilities shall be properly fed, watered, handled and housed, such last to include proper sanitation, protection from extremes of weather and temperatures, and space for normal exercise. imals in Research Advisor.. Committee Page 19 3. All animals used in such facilities shall be given adequate veterinary care, including the appropriate use ot anesthetic, analgesic or tranquilizing drugs when such use -shall be deemed proper. 4. All animals used in such facilities shall be separated by species when such separation is necessary for humane reasons. 5. No animels in such facilities shall be subject to the 1lSVC\\O L06jcA,- immediate physical sensation of pain, or to debilitation or I' I · . and behavioral distress. If any animal is to be subject t~ any procedure which would involve immediate physical distress or pain, the ani~al shall be used onl~ after being adequately anesthetized. Any r~utin~ veterinary procedures, such as injections, etc., should be exempted. Pain, debilitation 'or distress caused by the inflic- tion of a disease must be alleviated by the administration ot adequate anesthetics, analgesics or tranquilizers. 6. Animals which are used in experiments which would result in pain or lack of normal functioning after the anesthesia has worn off, and which cannot be controlled by analgesics or tran~uilizers during a normal recovery period, shall be humanely destroyed with the most accepted means of euthanasia available. 7.- No animal shall be used for more than one unrelated operative procedure or for related operative procedures of the same type not united by a common hypothesis. 8. No animal which is used for practice surgery shall be allowed to recover from the anesthetic and must be euthanized at the conclusion of the surgerf. Page 20 An1mals in Research Advisory committee 9. A veterinarian must be in attendance during any eurg1cal procedure performed on any animal. 10. No animal will be ueed in medical, commercial or educational research if an alternative ex1ste. 11. There shall be improved pSycholOgical environments for all animalS, including more spacious housing, space for normal exerc1sa, lesS isclat10n from memberS of the same species, and more handling and socialization by humans in the case of thoSe an1male which are accustomed to or can benefit from human contact., 12. The use of the to-50 and Dra1ze tests for cosmeticS shall be prohibited. 13. Each animal research, testing or teaching facility, or facility which uses animals for the production of medical or veterinary products, shall appoint an overview committee con- sisting of five concerned and knowledgeable persons in the field of animal welfare, one of whom shall be a veterinarian, and one of whom shal~be a representative of an animal welfare organization. The committee shall be responsible for the care and use of animals according to the above provisions. It shall alao have the power to approve or disapprove an experiment based upon the pain, de- bilitation or pSycholOgical suffering to which an an1mal is subject, order euthanasia when needed, and refuse animal models to investi- gators who do not evidence sufficient knowledge of the an1mal in question. It shall also keep records on all experiments done and their results. \nimals in Research Advisory Committee Page 21 . . , 14. Licensed animal dealers must submit to the City a list of animals acquired, the names and addresses of the persons from whom they were acquired, and the dates of acquisition, such in- formation to be a matter of public record and_posted at City Hall and all city shelters as is now the practice with animals to be auctioned and animals listed on impound sheets. B. The City of Los Angeles should cell for an immediate moratorium on the sale of impounded animals to research under Sec. 53.11 (h), L.A.M.C. on the grounds that the ordinanoe bas been proven unenforceable. The City should also take whatever steps necessary to rescind the ordinance and institute instead a prohibition against the surrender of impounded animals tor research, testing or teaching, or laboratory work of any kind.. IV. CONCLtJSION The Advisory Committee is in unanimous agreement that pound seizure is undesirable and a detriment to effectiv~ animal control in that it alienates much of the general public from the shelter syste~. Even when pound animals are no longer used for research, however, there will still-be animals suffering in laboratories. That is why we haye addressed our recommendations to include all animals vsed for research in the City. ~e believe that adoption of our recommendations would make the City a forerunner in the humane regulation of animals used in researob. A~imals in Research Advisory Committee Page 22 Our recommendations are based on two strong beliefs which have grown out of our year of exploration and studYl First, in the words of Isaac Asimov (see Attaohment B)~ "The knowledge that scientific advance oannot be abandoned must not give scientists false confidence. They must not feel that they are too necessary to be assailed, that they can be rigidly 1n- different to public clamor. They dare not assume the role of an invulnerable priesthood. " . . . Second, the research community and the animal welfare community \ have an obligation to work together to demonstrate that kindness and comoassion towards all living things can be an integral part of the search for a better and longer life for humankind. --~ ~ITY OF SAN BEF._ JARDINO ATTACHMENT "E" - MEMORANDUI\.. To:. JAMES ROBBINS ACTING CITY ADMINISTRATOR Subject: AVAILABILITY POLlCY /POUND SEIZURE From: DEBORAH L. BIGGS DIRECTOR OF ANIMAL CONTROL Date: OCTOBER 28, 1988 Approved Date On October 3, 1988 the Council voted to send the "availability policy" to your office for further consideration in loosening the restrictions. As you know, the Animal Advisory Commission has voted twice in favor of the current policy. It is also the desire of the Commission to see a total ban on the sale of animals to research. The reasons are: 1. Pound seizure is counter-productive to an animal control central program. Residents who use our 'services over- whelmingly do not want the animals sold and therefore are reluctant to turn in strays, leaving them on our city's streets where they then become an animal control problem. 2. The adoption and redemption rates have substantially increased in the last two years. 3. The overall use of our facil ity has increased. More owners have turned their animals in, knowing they will be protected from going to research. 4. Staff morale has increased substantially over the last 1~ years. 5. The revenue lost from the sale of animals has/will be made up through more positive, productive programs such as the year to date licensing, the citation system and owner release fees. There are only six agencies in the state that "officially" sell animals, San Bernardino being one of them. I have attached documentation from Orange County and the City of Los Angeles that led up to their ban on the sale of animals to research. If you have any questions, please do not hesitate to call me. IC.d'tfia-1- c/ &g;J-- ~ I : .. ~ ~ -4 , (a) ]Il1o o X - ~ ?= 0;> 0 .... N ~ W DEBORAH L. BIGGS Director of Animal Control DLB/js