Yesterday the U.S. Senate approved an amendment to a major farm bill that would exempt rats, mice and birds from the Animal Welfare Act. The amendment was introduced by Sen. Jesse Helms (R-North Carolina) and would overturn a successful legal victory by the Humane Society of the United States to have those animals included under the Animal Welfare Act.
Although the Animal Welfare Act did not specifically exempt rats, mice and birds, the U.S. Department of Agriculture never applied the law to those animals which together constitute 95 percent of animals used for medical research.
HSUS and other animal rights groups sued the USDA in 1990 arguing that it had no legal basis for exempting rats, mice and birds. After the USDA lost a court ruling on that matter, it reached an agreement with HSUS in which the USDA promised to draft regulations covering the formerly exempted species. Under the proposed rule changes, researchers would have to more thoroughly justify research involving such animals and demonstrate that they are not repeating previous research.
This change has been opposed by the medical research community on the grounds that it will create an expensive nightmare of forms that will not enhance the welfare of research animals but will increase the costs and hence slow the pace of medical research with animals.
Helms’ amendment specifically exempts rodents and birds used in medical research from USDA oversight.
HSUS vice president Michael Stephens accused Helms of not caring enough about research animals. He told the Associated Press,
Just because Senator Helms doesn’t care about birds, mice and rats doesn’t mean they shouldn’t have legal protections. This is an issue that concerns millions of animals used in research. No one doubts that they can feel pain.
Helms’ amendment passed on a voice vote in the Senate without debate, and the farm bill itself passed the Senate. Now a House-Senate conference committee will meet to reconcile the different farm bills passed by each chamber of Congress. If the amendment remains in the final version of the bill that emerges from that conference committee, it will become law as long as George W. Bush decides not to veto the farm bill (which would be highly unlikely).
Source:
Helms denies protections for rodents in lab experiments. The Associated Press, February 14, 2002.