of dollars depending on the location of the recipient. Air transportation is even more expensive, done less frequently, and, with new regulations on airlines, may not be an attractive or even viable mode of animal shipping in the future. Obviously, the closer the source of the animals, the lower the shipping costs. In fact, based on the locations of the current Class B dealers and the institutions that use these animals, transportation costs appear to be a factor in the use of animals from Class B dealers: (as of October 2009) the 10 remaining licensed Class B dealers are in Illinois, Indiana, Kentucky, Michigan, Minnesota, and Pennsylvania.


It is the responsibility of the USDA/APHIS Animal Care agency to ensure that Class B dealers abide by the AWA statutes and the AWR. As explained in Chapter 2, the specter of lost or stolen pets being illegally or inadvertently used in research has been a driving force in the increasingly rigorous revisions of the AWA and USDA/APHIS interpretation and execution of the law. However, in the more than 40 years since passage of the AWA, the USDA/APHIS has been unable to completely enforce the Act with respect to the activities of Class B dealers and has thus been unable to ease the concerns of the American public (Box 4-1). The reasons for this failure are multiple, as discussed below, and underscore the necessity of carefully crafting and enforcing laws if they are to have their intended effect.

USDA veterinary officers who testified before the Committee were appropriately circumspect about their personal opinions, but described long-standing problems with regulation of the Class B dealer system. All stated that AWR enforcement was feasible, with emphasis on tracebacks during inspections. When the Committee queried Jerry DePoyster, a Senior Veterinary Medical Officer with APHIS, he acknowledged the USDA/APHIS could not guarantee that a C.C. Baird-type incident would not be repeated, and reaffirmed the disproportionate effort and difficulties APHIS experiences in regulating Class B dealers. Robert Willems, APHIS Assistant Director for the Eastern Region, testified that Class B dealers are regulated more heavily than any other USDA licensee and that, when he was involved in west coast operations, the office invested over 800 hours and 1½ years investigating the violations of a single dealer. W. Ron DeHaven discussed with the Committee regulatory changes proposed while he served as a USDA Regional Director for Animal Care and Use, including a possible 2-year phase-out of Class B dealers discussed at a Public Responsibility in Medicine and Research (PRIM&R) conference “Animal Care and Use: Hot Zones, Grey Zones and Go Slow Zones” (Rudacille 1996).

According to information that Dr. Willems provided to the Committee, APHIS has responded to these incidents and public pressure by increasing

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