Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 910.000 - Licensure Of Research Institutions Using Dogs Or Cats In Research And Education
Licensure and Enforcement
Section 910.030 - Record Keeping

Universal Citation: 105 CMR 910.000 MA Code of Regs 910.030

Current through Register 1531, September 27, 2024

(A) Every research institution shall make, keep, and maintain systems of records or forms which fully and correctly disclose the following information concerning each dog and cat purchased or otherwise acquired, owned, held, or otherwise in its possession, including any offspring born of such dog and cat while in its possession or under its control:

(1) The name and address of the person from whom such live dog or cat was purchased or otherwise acquired.

(2) The date of acquisition of each live dog or cat.

(3) A description of each live dog and cat which shall include:
(a) the species;

(b) the sex;

(c) date of birth, if known, or approximate age;

(d) the color and any distinctive markings; and

(e) the breed or type.

(4) Any identification number or mark assigned to each live dog and cat by such research institution, as required in 105 CMR 910.030(B).

(B) Identification of Dogs and Cats.

(1) Except as otherwise provided in 105 CMR 910.030, any dog or cat received by a licensed research institution or bred by such institution, must be identified by an official tag of the type described in the regulations implementing the Animal Welfare Act, 9 CFR Part 2, as most recently amended, and be affixed to the animal's neck by means of a collar made of material which does not cause irritation or trauma. Provided, however, that no official tag need be affixed to any puppy or kitten less than 16 weeks of age that is identified by means of a plastic type collar acceptable to the Commissioner and which has the information (which shall be legibly placed thereon) as required for an official tag pursuant to the Animal Welfare Act regulations, as most recently amended.

(2) Except as otherwise provided in 105 CMR 910.030, when a licensee purchases or otherwise acquires a dog or cat, such licensee shall immediately affix to such animal's neck an official tag of the type described in the regulations implementing the Animal Welfare Act, 9 CFR Part 2, as most recently amended, by means of a collar made of material which does not cause irritation or trauma. Except in the following circumstances such animal must be so tagged at the time it is received by said institution:
(a) No official tag need be affixed if the dog or cat is already identified by an official tag which has been applied by a dealer.

(b) No official tag need be affixed to any dog or cat that has been identified by means of a distinctive and permanent tattoo marking approved by the Commissioner.

(c) No official tag need be affixed to any puppy or kitten less than 16 weeks of age that has been identified by means of a plastic collar acceptable to the Commissioner and which has the information (which shall be legible placed thereon) as required for an official tag pursuant to the Federal Animal Welfare Act regulations, as most recently amended.

(3) When the licensee has made a reasonable effort to affix an official tag to an adult cat or dog, as set forth in 105 CMR 910.010(B)(1) and (2), and has been unable to do so, or when the cat or dog exhibits distress from the attachment of a collar and tag, the collar and tag shall be attached to the door of the primary enclosure containing the cat or dog and proper measures taken to maintain the identity of the cat or dog without an affixed collar and official tag.

(4) Unweaned puppies or kittens need not be individually identified as required by 105 CMR 910.010(B)(1) and (2) while they are maintained as a litter with their dam in the same primary enclosure provided she has been so identified.

(5) All live dogs or cats received by a research institution, shall be identified, at the time of such receipt, by the official tag or tattoo, which was affixed to the animal before the time it was acquired by the research institution as provided in 105 CMR 910.010(B)(1), or by a tag, tattoo, or collar, applied to the live dog or cat by the research institution and which individually identifies such dog or cat by description or number.

(6) Any dog or cat with an unknown history obtained by a research institution or offered to a research institution, or any dog or cat not properly identified, must be reported within 24 hours to the Commissioner or his/her designee. The Commissioner or his/her designee, shall within three working days of receipt of the notice determine which animal humane agency shall take possession of the unidentified dog or cat. If an unidentified dog or cat is received by a research institution on a Friday or weekend the institution may report said animal to the Commissioner or his/her designee on the following Monday.

(C) Each research institution shall maintain at each facility and make available to the Commissioner or his/her designated agents, at the time of an inspection or on request, a copy of its record of practices and/or policies regarding the care, handling, and veterinary care and treatment of dogs and cats, including records of practices and/or policies regarding:

(1) the daily feeding, sanitation and exercising of each dog and cat;

(2) the veterinary medical treatment given to each dog and cat including, without limitation, medications, post-operative care, and means of euthanasia;

(3) the record of individual characteristics of each dog and cat required by 105 CMR 910.030(A);

(4) the record of the acquisition and disposition of dogs and cats;

(5) a copy of the approval statement by the animal care committee and/or the attending veterinarian, as provided in 105 CMR 910.200, regarding the conduct of research projects which, due to specific scientific requirements, cannot meet the standards and criteria of 105 CMR 910.000; and

(6) any other information pertinent to the enforcement of 105 CMR 910.000.

(D) All of the records maintained by the institution pursuant to 105 CMR 910.000 shall be kept for at least three years.

(E) Each research institution shall annually submit to the Department a report regarding its care and treatment of research dogs and cats on a form developed by the Commissioner. The report shall be submitted to the Commissioner no later than 30 days before expiration of the licensee's license.

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