Cal. Code Regs. tit. 14 § 671.4

Current through Register 2024 Notice Reg. No. 43, October 25, 2024
Section 671.4 - Transportation Standards for Exhibition of Live Restricted Animals
(a) Responsibility of Permittee. Permittees shall provide a copy of these regulations to any carrier or intermediate handler transporting wild animals. Permittees shall not transport or possess wild animals within the state for periods exceeding their exhibiting itinerary unless they provide facilities which meet the caging standards of Section 671.3 for each animal listed on their permit.
(b) Requirements for Carriers and Intermediate Handlers. (Also see subsections (d) and (f) of this Section regarding holding and food and water requirements.)
(1) Carriers and intermediate handlers shall not accept any animal presented by any person for shipment more than four hours prior to the scheduled departure of the primary conveyance on which it is to be transported.
(2) Carriers or intermediate handlers shall accept wild animals for transportation only if the transport cages are constructed in accordance with the provisions of subsection 671.4 (e)(1) below.
(3) Carriers or intermediate handlers whose facilities fail to meet the minimum temperature allowed by these regulations may not accept for transportation any live animal consigned by any person unless the consignor furnishes to the carrier or intermediate handler a certificate executed by a licensed veterinarian on a date which shall not be more than 10 days prior to delivery of such animal for transportation, stating that such live animal is acclimated to air temperatures lower than 7.2° C. (45° F.). A copy of such certificate shall accompany the shipment to its destination. The certificate shall include at least the following information: Name and address of the consignor; the number of animals in the shipment; a certifying statement (e.g., "I hereby certify that the animal(s) in this shipment is (are), to the best of my knowledge, acclimated to air temperatures lower than 7.2° C (45° F)"; and the signature of the accredited veterinarian, assigned accreditation number, and date.
(4) Carriers and handlers shall not commingle animal shipments with inanimate cargo. All animal holding areas of any carrier, handler, or any mode of conveyance shall be cleaned and sanitized often enough to prevent an accumulation of debris or excreta, to minimize vermin infestation and to prevent a disease hazard. An effective program shall be provided and maintained by the owner or operator of the holding facility for the control of insects, ectoparasites, and avian and mammalian pests for all animal holding areas. All animal-holding areas containing live animals shall be provided with fresh air by means of windows, doors, vents or an air conditioning system to minimize odors and moisture condensation. Auxiliary ventilation, such as exhaust fans and vents or fans or blowers or air conditioning shall be used for any animal-holding area containing live animals when the air temperature within such animal-holding area is not compatible with the health and comfort of the animal. The temperature shall be regulated to protect the animals from temperature extremes. Animals shall not be placed in a direct draft.
(5) Carriers and intermediate handlers shall attempt to notify the consignee at least once every two hours following the arrival of any live animals at the animal holding area of the terminal cargo facility. The time, date and method of each attempted notification and the final notification to the consignee and the name of the person notifying the consignee shall be recorded on the copy of the shipping document retained by the carrier or intermediate handler and on a copy of the shipping document accompanying the animal shipment.
(c) Conveyances (motor vehicle, rail, air, and marine).
(1) The cargo space of any conveyance used to transport live animals shall be designed and constructed to protect the health, and ensure the safety and comfort of the live animals contained therein at all times.
(2) The animal space shall be constructed and maintained to prevent the ingress of direct engine exhaust fumes and gases from the conveyance.
(3) No live animal shall be placed in any cargo space that does not have sufficient air for normal breathing for each animal contained therein, and the transport cages shall be positioned in the animal cargo space so that each animal has sufficient air for normal breathing.
(4) Transport cages shall be positioned in the conveyance so that the animals can be quickly removed in an emergency.
(5) The interior of the animal cargo space shall be kept clean and sanitary.
(6) Live animals shall not be transported with any material, substance, (e.g., dry ice) or device which may be injurious to their health and well-being unless proper precaution is taken to prevent such injury.
(d) Handling Provisions.
(1) Carriers and handlers shall move live animals from animal holding areas to conveyances and from the conveyances to animal holding areas as expeditiously as possible. Carriers and handlers holding live animals in an animal holding area or transporting live animals from the animal holding area to the primary conveyance and from the primary conveyance to the animal holding area, including loading and unloading procedures, shall provide the following:
(A) Shelter from sunlight. Shade shall be provided to protect the animals from the direct rays of the sun. Animals shall not be subjected to surrounding air temperatures which exceed 29.5° C. (85° F.). The temperature shall be taken outside of the primary enclosure at a distance not to exceed 3 feet from any one of the external walls and on a level parallel to the bottom of the enclosure at a point which approximates half the distance between top and bottom of the enclosure.
(B) Shelter from rain or snow. Protection shall be provided so animals remain dry during rain or snow.
(C) Shelter from cold weather. Transport cages shall be covered to provide protection for animals when the air temperature falls below 10° C. (50° F.) and animals shall not be subjected to surrounding air temperatures which fall below 7.2° C. (45° F.). The temperature shall be taken at a distance not to exceed 3 feet from any one of the external walls of the transport cage unless such animals are accompanied by a veterinarian's certificate of acclimation to temperatures lower than 7.2° C. (45° F.).
(2) The transport cage shall not be handled in a manner that may cause physical or emotional trauma to the animal contained therein. Transport cages with animals inside shall not be tossed, dropped, or needlessly tilted and shall not be stacked in a manner which may reasonably be expected to result in their falling.
(e) Transport Caging Provisions. No person shall offer for transportation any live animal in a cage which does not conform to the following requirements:
(1) Cages used to transport live animals shall be constructed in such a manner that:
(A) the structural strength of the cage shall be sufficient to contain the animal and to withstand the normal rigors of transportation;
(B) the interior of the cage shall be free from any protrusions that could injure the animal contained therein;
(C) the openings of such cages shall be easily accessible at all times for emergency removal of live animals;
(D) when a primary enclosure is permanently affixed within the animal cargo space of the primary conveyance so that the front opening is the only source of ventilation for such primary enclosure, the front opening shall open directly to the outside or to an unobstructed aisle or passageway within the primary conveyance. Such front ventilation opening shall be at least 90% of the total surface area of the front wall of the primary enclosure and covered with bars, wire mesh or smooth expanded metal.

If there are ventilation openings located on two opposite walls of the primary enclosure, the ventilation openings on each wall shall be at least 16 percent of the total surface area of each such wall; or, if there are ventilation openings located on all four walls of the primary enclosure, the ventilation openings on each such wall shall be at least 8 percent of the surface area of each such wall. At least one-third of the total minimum area required for ventilation of the primary enclosure shall be located on the lower one-half of the primary enclosure and at least one-third of the total minimum area required for ventilation of the primary enclosure shall be located on the upper one-half of the primary enclosure. Projecting rims or other devices shall be placed on the exterior of the outside walls to prevent obstruction of ventilation openings and to provide a minimum air circulation space of 1.9 centimeters (.75 inch) between the primary enclosure and any adjacent cargo or conveyance wall; and

(E) adequate handholds or other devices for lifting shall be provided on the exterior of the cage to enable lifting of the enclosure without tilting and to ensure that the person handling the cage will not be in contact with the animal.
(2) Animals transported in the same cage shall be of the same species and maintained in compatible groups. Animals that have not reached puberty shall not be transported in the same cage with adult animals other than their dams. Socially dependent animals (e.g., sibling, dam, and other members of a family group) shall be allowed visual and olfactory contact. Any female animal in season (estrus) shall not be transported in the same cage with any male animal.
(3) Transport cages shall be as set forth below. In the event, however, the provisions of 9 CFR, Sections 3.85-3.91, Sections 3.112-3.118 and Sections 3.136-3.142 are met, the requirements of this subsection shall be deemed satisfied.
(A) All Animals Except Primates Traveling for Performances or Exhibition.

Minimum length: cages shall be at least 1- 1/4 times the body length of quadruped (four-legged) animals, excluding the tail, or long enough for other animal species to lie down and get up normally.

Minimum height: cages shall be at least the full height of the animal plus 2 inches (antlers included in body height).

Minimum width: except for hoofstock, cages shall be at least 1- 1/2 times the body width of the animal. For hoofstock, the width of the cages shall be consistent to the needs of the animal to ensure its safe delivery.

(B) Primates Traveling for Performance and Exhibition.

Minimum length: cages shall be at least equal to the length of the animal as measured from the buttocks to the top of the head.

Minimum height: cages shall be at least 1- 1/2 times the height of the primate when it is in its natural posture.

Minimum width: cages shall be at least equal to the length of the animal as measured from the buttocks to the top of the head. The cage shall be large enough to allow the animal to lie down.

Notwithstanding the minimum requirements above, cages for adult chimpanzees and orangutans shall be at least 4' long ( L) x 4' wide (W) x 4' high (H) with one shelf or perch. When not traveling, an exercise cage of at least 6' (L) x 4' (W) x 6' (H) shall be provided for a minimum of four hours per day. For adult small monkeys and baboons, cages shall be at least 3' (L) x 3' (W) x 4' (H). When not traveling, an exercise cage of at least 4' (L) x 4' (W) x 6' (H) shall be provided for a minimum of four hours per day. Primates less than one year of age shall be transported in a cage of such size and construction which ensures its safe delivery.

(C) Immediately upon arrival at a destination, animals traveling for performances or exhibition shall be placed in a space equal to 1/3 the minimum permanent space required for that species. Notwithstanding the foregoing, animals which are regularly exercised by exhibitors shall be permitted to remain in their transportation cages provided the permittee's veterinarian certifies that such cages provide sufficient space for the animal once it has arrived at a destination. The department shall bring to the immediate attention of the commission any circumstances where in the opinion of the department's officer, proper care is not being provided.

Animals not used in performances or exercised regularly shall be placed in a space equal to 1/2 the minimum permanent space required for that species. Elephants accompanied by an attendant may be staked out in a roped off area which excludes the public.

(4) Transport cages shall have solid bottoms to prevent leakage in shipment and shall be cleaned and disinfected pursuant to subsections 671.2(a)(4) and (5). Transport cages shall contain clean litter of a suitable absorbent material, which is safe and nontoxic to the animals, in sufficient quantity to absorb and cover excrement.
(5) Transport cages consigned to carriers and intermediate handlers shall be clearly marked on top and on all sides with the words "Live Wild Animal" in letters not less than 1 inch in height, and with arrows or other markings to indicate the correct upright position of the container.
(6) Documents accompanying the shipment consigned to carriers and intermediate handlers shall be attached in an accessible location on the outside of one transport cage.
(f) Care in Transit.
(1) To minimize the distress to animals during surface transportation, the driver shall visually inspect the animals at least once every 4 hours to assure that the animals are not in obvious physical distress and to provide for any needed veterinary care as soon as possible. When transported by air, animals shall be observed if the cargo space is accessible during flight. If the cargo space is not accessible during flight, the carrier shall visually observe the animals whenever the cargo space is accessible to assure that all applicable standards are being complied with and to determine whether any of the live animals are in obvious physical distress.
(2) Animals shall not be taken from their cage except under extreme emergency.
(3) Food and water requirements while in transit.
(A) All live animals shall be offered potable water within 4 hours prior to being transported. Any person who transports live animals shall provide potable water to all animals being transported at least every 12 hours after such transportation is initiated except as directed by a veterinarian or in the case of hibernation. Animals requiring more water shall be treated appropriately.
(B) Each animal shall be fed at least once in each 24-hour period, except as directed by a veterinarian. Predators are to be separated when feeding. Animals requiring more food shall be treated appropriately.
(C) Any person who offers animals to any carrier or intermediate handler for transportation shall comply with the provisions of subsection 671.1(a)(4) and shall affix to the outside of the transportation cage written instructions pursuant to subsections 671.4(f)(3)(A) and (B) concerning the food and water requirements of each animal.
(D) No carrier or intermediate handler shall accept any live animals for transportation unless written instructions concerning the food and water requirements of each animal are affixed to the outside of the cage.

Cal. Code Regs. Tit. 14, § 671.4

1. Amendment filed 1-24-75 as an emergency; effective upon filing. Certificate of Compliance included (Register 75, No. 4).
2. Amendment filed 5-11-79; effective thirtieth day thereafter (Register 79, No. 19).
3. New subsection (d) filed 7-16-81; effective thirtieth day thereafter (Register 81, No. 29).
4. Order of Repeal of subsection (d)(1)(f) filed 6-3-85 by OAL pursuant to Government Code section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
5. Editorial correction of NOTE filed 9-20-85; effective thirtieth day thereafter (Register 85, No. 38).
6. Repealer and new section filed 2-26-92; operative 2-26-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 13).
7. Amendment of section heading and subsection (a) filed 8-27-98; operative 9-26-98 (Register 98, No. 35).

Note: Authority cited: Sections 2116.5 and 2120, Fish and Game Code. Reference: Sections 2116.5, 2120, 2150 and 2150.3, Fish and Game Code.

1. Amendment filed 1-24-75 as an emergency; effective upon filing. Certificate of Compliance included (Register 75, No. 4).
2. Amendment filed 5-11-79; effective thirtieth day thereafter (Register 79, No. 19).
3. New subsection (d) filed 7-16-81; effective thirtieth day thereafter (Register 81, No. 29).
4. Order of Repeal of subsection (d)(1)(f) filed 6-3-85 by OAL pursuant to Government Code section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
5. Editorial correction of NOTE filed 9-20-85; effective thirtieth day thereafter (Register 85, No. 38).
6. Repealer and new section filed 2-26-92; operative 2-26-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 13).
7. Amendment of section heading and subsection (a) filed 8-27-98; operative 9-26-98 (Register 98, No. 35).