aphis, animal care update - iowa vma 2018/cole.pdf · usda, aphis, animal care. website inspection...
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APHIS, Animal Care UpdateHeather Cole, DVM
Supervisory Veterinary Medical OfficerUSDA, APHIS, Animal Care
WebsiteInspection Reports & Annual Reports
In early 2017, APHIS decided to make adjustments to the posting of regulatory records.
We are balancing the need for transparency with rules protecting individual privacy.
In addition, APHIS is currently involved in litigation concerning information posted on the agency’s website.
While the agency is vigorously defending against this litigation, in an abundance of caution, the Agency is taking additional measures to protect individual privacy.
These decisions are not final. The review of APHIS’ website is ongoing and adjustments may be made regarding information appropriate for release and posting.
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Critical NoncompliancesStakeholder Announcement - 9/22/16
Part of the RBIS since the late 1990s All direct NCIs – as well as other NCIs that resulted in
serious, adverse impacts on the welfare of an animal (including NCIs that occurred outside of the USDA inspection process);
A facility that refuses to allow USDA to conduct an inspection;
Falsified records; and Engaging in regulated activity with a suspended or
revoked license.
“Focused” InspectionStakeholder Announcement - 9/22/16
AC has conducted “focused” inspections since day 1, but the inspection type showed up as “routine”
A focused inspection is an unannounced inspection that does not cover the entire facility. • Complaints• Reinspections• Records
Most Commonly Cited NCIs in FY 2017
1. Section 2.126 (b) – Access - Records and Property2. Section 2.40 – Veterinary Care3. Section 3.11(a) – Cleaning
Last 3 years: 70% or more of all inspections at licensed dog dealers have documented no NCIs.
Adequate Veterinary Care
An animal shall be considered to have received adequate veterinary care if the following has occurred: The animal was examined and/or evaluated by a
qualified veterinarian (either the attending or a consulting) in a timely manner, and
A treatment plan and/or instructions were provided by the veterinarian, potentially including further observation without treatment, if appropriate, and
Treatments were given and instructions were followed.
The outcome of the treatment is not the determining factor for the adequacy of veterinary care, provided that the care is in keeping with appropriate standards of veterinary care.
Teachable MomentsFrom Inspection Guide
Not cited as an NCI on inspection reports Minor NCI Has no discernable impact to animals, Is not likely to soon become a serious, direct or
repeat NCI, Can be easily corrected, and in the inspector’s
judgment, is likely to be corrected quickly by facility, and
Has not been cited previously and/or is not a repeat teachable moment.
Appeal Process
Each appeal team includes:Director Assistant Director2 Staff Veterinarians or Specialists
Appeals (or notification) must be received within 21 days, or they will not be accepted
The ruling of that appeal team will be final, and represent USDA’s final determination of the appeal
Optimal HoursFrom Inspection Guide
• All ‘routine’ inspections are unannounced
• High level of attempted inspections
• Business hours: reasonable number of hours, Monday through Friday, between 7 a.m. and 7 p.m.
• Implemented Optimal Hours Licensee identifies 4 hour blocks of time, at least 3 days per week
• Optimal hours have cut the number of attempted inspections in half, while still doing unannounced inspections
• Retain the authority to conduct an inspection any time during business hours.
Routine Maintenance Programs
Housing, equipment, storage, floors, etc.
Document: Routine checks Issues identified Correction plans
NOTE: this is not a regulatory requirement, but the documentation will inform the inspector that you have an ongoing program to prevent, identify, and correct maintenance issues.
Center for Animal Welfare
The Center for Animal Welfare collaborates with other animal welfare entities to play a central role in USDA’s efforts to: build partnerships domestically and internationally; improve regulatory practices; and reach beyond USDA’s traditional enforcement role to develop outreach, training and educational resources. Kansas City Dr. Nora Wineland Field Specialists Training Specialists Compliance Specialists
Compliance Visits
• Completely voluntary program
• Goals are to help facilities gain long term compliance, improve animal welfare, and improve communications.
• Coordinate with Compliance Specialists, inspectors, Operations Offices (Raleigh or Ft. Collins), Center for Animal Welfare
Contingency Regulation Status
Federal Register Notice: July 31, 2013
Stay of regulations: the stay of Sections 2.38(l) and 2.134 is still in place.
We continue to highly recommend having contingency plans in place, and we have an emergency programs staff that can assist with creating or reviewing your plans.
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AC Websitewww.aphis.usda.gov/animal_welfare/index.shtml
Current issues and notices AWA, regulations, policies and other publications Lists of licensees and registrants View inspection reports Print and/or order forms (including app kits) Horse Protection Information Links to related sites FOIA requests and E-FOIA link File a facility complaint Pet evacuation and sheltering info