ATOA_Retirement_form.pdf

AWC Standard Guideline – Placement of Research Animals Transfer, Adoption, or Retirement – Attachment C

Animal Transfer of Ownership Agreement: Retirement Page 1 of 4

ANIMAL TRANSFER OF OWNERSHIP AGREEMENT

Retirement

This Transfer of Ownership Agreement has been established for use by the United States Food and Drug Administration (FDA) Animal Programs (Provider) for use in the retirement of live animals involved in research, pursuant to the FDA Animal Welfare Council (AWC) Standard Guideline on the Placement of Research Animals for Transfer, Adoption, or Retirement (November 18, 2019; revised December 5, 2022).

Provider: (name of FDA animal program transferring the animal or animals and Institutional Official or designee name and title)

Recipient (Retirement Facility): (name of individual and organization receiving the animal or animals)

The Provider agrees to transfer the following animal(s) to the Recipient: (description and ID number of the animal or animals)

Terms of Agreement

Animals considered for retirement must meet the following conditions:

• A clinical veterinarian within the FDA will examine animal(s) that are retirement candidates and determine their health status. Though the acceptable health and behavioral condition of an animal is a prerequisite for retirement, the FDA does not provide a health guarantee for placed animals.

• Recipient agrees:

1) to accept the animal(s) into a permanent retirement facility;

2) to provide a permanent home and sufficient resources, including proper space and veterinary care, required for lifelong animal care and well-being;

3) that the animal(s) cannot be bred, sold, released into the wild, used for food, used for exhibition, used as a working animal1 or otherwise released from the care of the Recipient2;

4) that the animal(s) shall receive from the retirement facility and its employees and agents humane care and treatment at all times;

5) to not hold FDA liable for actions or circumstances arising from the retirement or subsequent ownership;

• Relevant veterinary documents concerning the medical history and health status of the animal(s) are attached to this agreement.

• Recipient agrees to adhere to all applicable standards for humane care of the animal(s) and assures the

Provider that he/she has appropriate animal care experience and knowledge of the species being acquired for retirement and can provide professional, adequate veterinary care. The Provider will provide consultation on care and behavior, as appropriate, at the time of transfer.

• Upon receipt of the animal(s), recipient accepts full ownership, custody, and control of the animal(s), and shall be wholly responsible for any and all expenses related in any way to the noted animal(s) unless otherwise specified in a contract with the FDA. Additionally, to the extent that any party other than the Government has any patent, invention or other intellectual property rights in the animal(s), AWC Standard Guideline – Placement of Research Animals Transfer, Adoption, or Retirement – Attachment C

Animal Transfer of Ownership Agreement: Retirement Page 2 of 4 these rights are not transferred to the recipient.

• Provider is transferring the animal(s) as a service to animal welfare. The animal(s) is transferred to the

Recipient with no warranties, express or implied, including any warranty of fitness for a particular purpose. Unless prohibited by law, recipient agrees to indemnify and hold harmless the FDA and United States Government for liabilities, demands, damages, expenses and losses arising out of Recipient’s care or treatment of the animal(s).

• Recipient agrees not to claim, infer, or imply FDA endorsement of the Recipient. Additionally, unless required by law or regulation, the Recipient will not use FDA, HHS and/or any governmental employee's name in regard to the accepted animal(s) without prior written permission.

• The undersigned Provider and Recipient expressly certify and affirm that they are authorized to sign this agreement and that the statements made herein are truthful and accurate.

• When recurring transfers are arranged, the terms of this agreement will apply to any future transfer of animals between the Provider and Recipient.

1. For purposes of this agreement, a working animal is an animal that has been trained to perform a specific task to benefit people (e.g. perform duties for drug detection, rescue, patrol, improve human mental and physical health, drafting, packing). Exceptions may apply.

2. Exceptions may apply to farm, exhibition, and working animals as determined on a case-by-case basis. Any exceptions to the ATOA will be noted in the Special Stipulations section below and/or in the Herd Animal Addendum ATOA.

Placement in Animal Retirement Facility

Certain animals may be appropriately retired from research laboratories into appropriate retirement facilities or settings. For this placement to occur, several conditions must be met:

A) The FDA AWC, animal program Institutional Official (IO) and Attending Veterinarian (AV) or designees determine that the retirement facility is an appropriately established organization with sufficient facilities, resources expertise and access to veterinary care to accommodate the noted animal(s).

B) The retirement facility accepts full ownership, liability and responsibility for the noted animal(s) and shall be wholly responsible for any and all expenses related in any way to the noted animal(s) unless otherwise noted in a contract with the FDA.

C) The animal(s) will not be sold or given to any other entity unless circumstances shall arise causing the retirement facility to cease operations and that the retirement facility shall remain in possession of the noted animal(s) until the death of the noted animal(s) or transfer as provided herein.

D) The FDA program Institutional Official, Attending Veterinarian, or a designated clinical veterinarian with delegated authority determine the appropriateness of sterilization and vaccinations and complete such sterilization/vaccinations as determined appropriate prior to transfer of ownership as warranted.

E) The use of the names, logos, or any associated trademarks of the FDA, The Department of Health and Human Services, or any of their respective employees, in any form of promotion, marketing, or endorsement is strictly prohibited in regard to the accepted animal(s) without prior written consent from the AWC or Office of the Chief Scientist leadership.

Records

A) For dogs and cats, APHIS Form 7006: Record of Disposition of Dogs and Cats must be

AWC Standard Guideline – Placement of Research Animals Transfer, Adoption, or Retirement – Attachment C

Animal Transfer of Ownership Agreement: Retirement Page 3 of 4 appropriately completed. This form shall be retained as mandated by the USDA regulatory standards.

https://www.aphis.usda.gov/library/forms/pdf/aph7006.pdf For other animals, as appropriate, APHIS Form 7020: Record of Acquisition, Disposition or Transport of Animals (Other Than Dogs and Cats) must be completed. This form shall be retained as mandated by the USDA regulatory standards.

https://www.aphis.usda.gov/library/forms/pdf/aph7020.pdf Also, if applicable (e.g., crossing state lines), the APHIS Form 7001 or other required form(s) will be completed. http://www.aphis.usda.gov/library/forms/pdf/APHIS7001.pdf. Reference USDA site at https://www.aphis.usda.gov/aphis/ourfocus/animalhealth/nvap/NVAP-Reference-Guide/Animal-Movement.

B) A copy of all forms and other documents relevant to the placement will be maintained as part of the animal’s permanent medical record (non-rodent species) and the appropriate FDA Office and retained under FDA record retention policies.

• Special stipulations (if none, enter “N/A”):

Date Recipient Signature Date Provider (IO or designee) Signature

Recipient mailing address Provider mailing address

Date of Transfer/Receipt of Animals Signature, printed name, veterinary official

Distribution:

• Recipient

• Provider/Animal’s permanent record

• FDA AWC

Attachment(s)

• Animal Health Record https://www.aphis.usda.gov/library/forms/pdf/aph7006.pdf https://www.aphis.usda.gov/library/forms/pdf/aph7020.pdf http://www.aphis.usda.gov/library/forms/pdf/APHIS7001.pdf http://www.aphis.usda.gov/aphis/ourfocus/animalhealth/nvap/NVAP-Reference-Guide/Animal-Movement

AWC Standard Guideline – Placement of Research Animals Transfer, Adoption, or Retirement – Attachment C

Animal Transfer of Ownership Agreement: Retirement Page 4 of 4

FDA AWC form approved November 18, 2019; rev5 (12/20/2024)