In response to the questions posed in this scenario, the United States Department of Agriculture, Animal and Plant Health Inspection Service, Animal Care (USDA-APHIS-AC) offers the following clarification and guidance:

While the nature of the respondents' replies is essentially correct, we believe there should be some clarification regarding USDA authority. We recognize that the use of animals is instrumental in certain research and education for advancing knowledge. Our inspectors may ask questions during the course of an inspection relating to whether a project is being conducted in the best interest of the animals. We are not implying authority over the design, outline, or performance of the actual research. It is done merely to point out a matter the IACUC may want to take under consideration during its review of the facility's program of humane care and use of animals.

We cannot provide such a courtesy when applying the regulations and standards promulgated under the AWA. The USDA has been charged by Congress to enforce the law. Remember, these are the minimum standards necessary to ensure the public that laboratory animals are receiving humane care and treatment in the research facility, and the required floor space for a dog is only six inches longer than the length of the dog (not including the tail), squared. Section 3.6(d) does allow the use of innovative primary enclosures not precisely meeting the floor area and height requirements if the dogs are given a sufficient volume of space and the opportunity to express species-typical behavior, and the enclosures have been approved by the IACUC.

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