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Researching the Facts

Researching the Facts Doing Your Homework

Before you publicly discuss an animal experiment or launch a campaign against it, find out as much as you can about your target. If you don't have well-documented, specific complaints and clear demands for change to present to your audience, you'll appear poorly prepared and won't be taken seriously.

Keep a record of your research efforts. When you approach people with requests for information or meetings, put your requests in writing and keep copies. When you mail your letters, ask for post-office receipts. Any time you speak to a company official, U.S. Department of Agriculture (USDA) inspector, veterinarian, etc., take notes; include the time and date of the meeting and the name and title of the person you spoke to.

Although it is necessary to conduct careful research before you take action, don't get so bogged down in your research that nothing else gets done. Some activists become stalled by a few details that remain unclear. Give yourself enough time to get the information that you need and do the best that you can. Then you can decide whether you have enough information to proceed.

Learning the Laws

It's important to become familiar with the Animal Welfare Act (AWA), the federal law that regulates conditions for animals on public display, in dealers' facilities, and in laboratories. You can read the AWA online, download a copy from the USDA's Web site, or order a free copy by mail by contacting the USDA in writing:

USDA/APHIS/AC
4700 River Rd., Unit 84
Riverdale, MD 20737-1234
301-734-7833
www.aphis.usda.gov/ac

Obtain copies of your city, county, and state anti-cruelty laws. Try looking at your county library or a law library that is open to the public. Your mayor's office should be able to tell you which libraries have copies of these laws, and once there, you can ask the librarian to help you.

You will also want to consult the "Guide for the Care and Use of Laboratory Animals" and the "Public Health Service Policy on Humane Care and Use of Laboratory Animals". These are not laws but government regulations, which, at the responsible agency's option, may or may not be enforced. Nevertheless, these guidelines offer grounds for criticizing laboratories that do not meet their standards.

Getting State and Local Information

You can easily learn where animals are being exploited by consulting the following three publications, available from the USDA: "List of Licensed Dealers," "List of Licensed Exhibitors," and "List of Registered Research Facilities." These publications are organized by state and give each facility's mailing address. View them online.

You can also learn a great deal from indexes and documents available from the U.S. Public Health Service (US-PHS, a division of the Department of Health and Human Services) and the National Institutes of Health (NIH), one of its divisions.

The "NIH Research Grants Index" is a list of researchers who receive government funds through the NIH. This index is organized by state and city and gives the name of the principal researcher for each funded project, the grant number, and the amount of funding. It will also tell you who is conducting animal experiments at your local university.

Next, check your local university's catalog for lists of faculty members from the biology, psychology, physiology, and agriculture departments. Look up their names in the Index Medicus, a multivolume resource, available at any university or medical library, that contains the names of articles published each year, organized by author and subject. The Index Medicus does not print the articles themselves, but it will tell you which journals they were published in.

Another good source of information is the Science Citation Index, available at any university library and at some public libraries. Organized by author, it documents research being conducted by particular institutions and scientists, as cited in other publications. You can also find abstracts of published scientific articles online.

Reading Published Research

Reading researchers' articles can be extremely valuable. You may find descriptions of very cruel experiments, and it's useful to be able to cite experimenters' own words to expose their abusive conduct. Read the "methods" section of each article carefully—this is where researchers detail what they have done to animals.

It may help to get someone with a scientific or medical background to read the papers and interpret the scientific jargon. Watch out for euphemistic language used to disguise acts of cruelty—"sacrifice" instead of "kill," "negative stimulus" instead of "electric shock," "vocalize" instead of "scream," etc.

Getting Information on Public Health Service-Funded Projects

You can find information on research funded by the US-PHS by searching CRISP (Computer Retrieval of Information on Scientific Projects), a major Web-based biomedical database that is updated weekly. Search CRISP for information on the following topics:

Individual investigators
Specific types of experiments
Investigators performing particular types of studies
Universities, facilities, or institutions performing particular types of studies
Types of animals used in experiments

You can also obtain this information by contacting NIH:

Research Documentation Section
Division of Research Grants
National Institutes of Health
6705 Rockledge Dr., MSC 7772
Bethesda, MD 20892-7772
301-435-0650
ng100t@nih.gov (Address your e-mail message to Natalie Graham.)

Provide the Division of Research Grants with the following information:

Subject of CRISP search
Relevant year or period
Your name, address, and telephone number
Your affiliation with any relevant organization, school, library, etc.
Details required (e.g., names of principal investigators performing a certain type of study, all research projects using a particular type of animal, addresses of principal investigators or institutions, descriptions of studies, costs of studies, kinds of experiments conducted by a particular investigator including types of animals used, etc.)

Searches requested by individuals or nonprofit organizations are free.

Using the Freedom of Information Act

filing cabinate Once you have identified an institution or a researcher to focus on, you can obtain valuable information from such government agencies as the USDA and NIH by requesting documents under the Freedom of Information Act (FOIA). By law, you should receive a response within 20 working days. Typically, you will receive a prompt acknowledgment of your request. However, it is not unusual to have to wait several months (or even years, in the case of comprehensive or complex requests) before receiving requested documents. If you have not received a response within 20 working days of your request, you can submit a written appeal to the USDA administrator.

You may be charged a search-and-duplication fee despite any requests you may have made to waive such fees. Nonprofit, tax-exempt organizations usually don't have to pay the fee, but individuals do unless they can prove that their research is in the public interest. If you can't afford the fee, you may ask to visit your local USDA office to review its records. Copy the most important ones, and take careful notes on the rest.

Be aware that when you make a FOIA request, the USDA, NIH, or other relevant agency may notify the target experimenter and/or laboratory both of the request itself and of your identity. Moreover, your FOIA request itself becomes a public record.

All states have open-records laws similar to the federal FOIA, and many states have regulations similar to those of the AWA, so useful documents might also be available from appropriate state agencies (usually, these agencies are divisions of the State Department of Health).

Obtaining USDA Documents Through FOIA Requests

You can acquire the following documents from the USDA's Animal and Plant Health Inspection Service (APHIS):

Annual reports
Check these documents for lists of the animals used in the following:
1. Particular facilities (Animals are listed by species, although most lists don't include rats or mice.)
2. Painless experiments
3. Painful experiments in which animals were given anesthetics, analgesics, or tranquilizers
4. Painful experiments in which animals were denied anesthetics, analgesics, or tranquilizers, as well as the stated reason why pain relief was withheld (You may find the number and species of animals used in product testing. Remember, the official determination of pain is made by experimenters who may perform painful procedures on a daily basis and whose definition of pain may differ from yours. Their estimates are often far from accurate.)
Inspection reports
These reports may help you find descriptions of violations of the federal AWA. A circle in any column on the front of the form indicates a violation. Comments on violations are usually handwritten on the back. To avoid undue delay in response, request inspection reports from the appropriate regional USDA office. When a violation occurs, the offending facility is given a deadline to make corrections. Pay careful attention to inspection dates and note whether or not the APHIS inspector followed up to ensure compliance, how long the violation went uncorrected, etc. (Note: Inspection reports are not available for federal facilities because one federal agency cannot regulate another. However, you can obtain annual reports from federal facilities.)
Records of veterinary care
These records give the names and addresses of facilities and veterinarians, as well as descriptions of veterinary-care programs and euthanasia. Often, veterinarians are unaware of what goes on in the laboratories that they are responsible for. Call them and ask whether they would be willing to discuss laboratory conditions with you. If it's legal to do so in your state, you may want to record the conversation; if not, take detailed notes.
Applications for registration
These documents provide information on the number of animals used annually, the institutions where they were used, and the names of principal investigators and other key staff. They also indicate whether particular institutions are federally funded and, if so, the names of the funding agencies.
Correspondence
Communications (including e-mail messages) between the USDA and relevant facilities may contain information about contacts, dealers, and problems, so review them carefully.

To request any of the documents listed above, contact the USDA:

USDA/APHIS/LPA/FOIA
4700 River Rd., Unit 50
Riverdale, MD 20737-1232
301-734-8296
301-734-5941 (fax)
foia-officer@aphis.usda.gov
www.APHIS.USDA.gov/ac/efoia.html

NIH Documents Available Under FOIA

NIH requires that you be very specific when requesting information. Before submitting your FOIA request, make sure that NIH does, in fact, fund the experiment that you're researching. Check the CRISP database or the "NIH Research Grants Index," which lists NIH projects by state, institution, name, title, grant number, and grant amount; include these last four items in your request.

Get more information about making FOIA requests through NIH or find the appropriate FOIA coordinator for your request at NIH's Web site. If you can't identify the appropriate coordinator, contact the main NIH-FOIA office:

Freedom of Information Office
National Institutes of Health
9000 Rockville Pike
Bldg. 31, Rm. 5B35
Bethesda, MD 20892
301-402-4541 (fax)

Obtaining NIH Documents Through FOIA Requests

You can request the following documents from NIH under FOIA:

Grant applications
Every experimenter funded by NIH has filed a grant application that details the following information:
1. Names of principal investigators
2. Biographical sketches
3. Project dates
4. Total project costs and breakdown of costs
5. Description of project, including overall plan, significance, aims, facilities, animals used, preliminary studies, etc.
Award notifications
These documents specify total funds, dates of funding, and any restrictions on funds.
Animal welfare assurances
Before beginning a project, every facility must file a "statement of assurance" with the NIH that includes the following information:
1. A list of every branch component of the institution
2. The name of the person responsible for compliance
3. The name and qualifications of the veterinarian
4. Procedures that the Institutional Animal Care and Use Committee (IACUC) must follow
5. The number of animals, by species, in each facility and the amount of space, in square feet, allowed to them
Annual progress reports
These reports record changes in IACUC membership, as well as problems, revisions, etc.
National Primate Research Centers reports
Each of the eight National Primate Research Centers submits an annual report summarizing every research project in progress at the center.

Obtaining Information From Agencies Other Than the USDA or NIH

Other government agencies that fund animal experiments include the National Science Foundation, the National Academy of Sciences, the Department of Transportation, the Department of Defense, the Consumer Product Safety Commission, the Federal Aviation Administration, the Food and Drug Administration, and the Environmental Protection Agency. Researchers usually list their funding sources at the end of their published articles.

When requesting information from these federal agencies under FOIA, approach them as you would NIH. Additionally, consider requesting each relevant agency's policy on the care and use of animals, as well as information on past, present, and anticipated future use of animals at its facilities.

Getting a Job in a Laboratory

The most valuable research effort of all is getting a job in a laboratory or other facility that exploits animals. If you are not yet known in your community as an animal rights activist, please consider making this commitment. If your support for animal rights is already well known, try to find someone else who is willing to take a laboratory job and document any cruelty that he or she may find. The following suggestions may help you secure a position in a laboratory:

Make a habit of checking the job listings in your local paper and online. Apply to work at relevant facilities whether they are advertising or not—you may get lucky.
When talking with lab officials, give no indication that you are interested in animal rights or even vegetarian.
Once you've secured a job, don't attend animal rights meetings or events.
A 3 to 11 p.m. or overnight shift may offer more freedom to document abuses and gain information.
Read the AWA and the "Guide to the Care and Use of Laboratory Animals." Use them as a starting point for your observations.
Keep a daily diary and meticulously document every instance of abuse that you find. Include the date and time of each incident, the names of people involved, and proper identification of the abused animals.
If at all possible and legal under state law, take photographs and/or video footage. Include a card indicating the time, date, and place of each photograph or video, as well as proper identification of any animals appearing in it. Note that black-and-white photographs are best for use with officials and the media and in court.
Do not take documents or items that you are not entitled to. Instead, make copies of materials that document abuse. Avoid materials that contain trade secrets or are marked "confidential."
Contact PETA's Research & Investigations Department for further advice on how to proceed.

Which Laws Apply to My Case?

Perhaps you are concerned about a more public form of animal abuse. When focusing on cruelty cases, be aware of the laws that apply to the subject of your investigation. You may be dealing with the federal Animal Welfare Act (AWA) in some cases and with your state's anti-cruelty statute in others—sometimes, both may be relevant. Your state's anti-cruelty statute and/or county code will tell you exactly what the law prohibits with regard to the treatment of animals. Generally, an anti-cruelty statute defines cruelty as an action (such as beating or shooting) or a failure to act (starving, abandoning) that results in animal suffering and/or death. To obtain a copy of your state's statute, visit your library and ask to see the county and state law books.

In addition to federal and state laws, regulations pertaining to health, zoning, commerce, and agriculture may be pertinent to your investigation. Local humane officers might be reluctant to act on a complaint of cruelty citing filthy and cramped conditions at a pet shop, but state or local health officials may close down the same shop for violating sanitation or public-health laws.

Local vs. Federal Laws

Several types of activities involving animals are covered by the AWA, and complaints can be filed with the USDA's APHIS, the agency responsible for enforcing the law. Questions and complaints should be directed to the nearest Office of Veterinary Services, care of USDA-APHIS. Most state capitals have APHIS offices.

To learn which activities are covered by the AWA, request the USDA's free booklet "Licensing and Registration Under the Animal Welfare Act":

Animal Care Staff
Animal and Plant Health Inspection Service
4700 River Rd., Unit 84
Riverdale, MD 20737-1234
www.aphis.usda.gov/lpa/pubs/awlicreg.html

Don't be afraid to seek redress through both local and federal channels. Some officials will be more sympathetic and helpful than others. As a general rule, when a facility is covered by the AWA, it is a good idea to file a formal, written complaint with the USDA-APHIS office in your state's capital.

Where Do I Go for Help?

Find out who in your town, county, or state investigates charges of cruelty and enforces your state's anti-cruelty statutes. These people might work for local humane societies, societies for the prevention of cruelty to animals, or taxpayer-funded animal shelters. If your community does not have a local humane society, call or visit your local sheriff's office or police department to ask for help in enforcing the law.

Getting Your Act Together

Once you've located the proper law-enforcement official, provide him or her with a concise and factual written statement of what you observed. Include dates and times (approximate, if need be) and as many photographs as you were able to take. (Check with your state or county court system to see how photographs should be labeled for admission as evidence. Each set of photographs should be labeled on the back with a date and time.) Also, submit any statements (preferably short and factual) that you have secured from witnesses. Anyone who has witnessed a cruel act can go to the local police commissioner and ask to swear out a summons to bring the perpetrator to court.

If you are having trouble collecting concrete evidence of a specific act of cruelty or abusive situation, try to enlist the assistance of others who share your concern. Officials tend to be more receptive to groups than to individuals—and volunteers can also provide help with your campaign.

Consider running an advertisement in your local newspaper, asking people who are concerned about or who have witnessed acts of cruelty at a pet shop, zoo, animal shelter, or any other location to write to you (at a post-office box). In your advertisement, be careful to target the act of cruelty or abusive conditions only; do not mention specific individuals. Feel free to use the following sample ad as a model: "Do you think that our animal shelter needs improvement? If you have experienced any problems with the shelter or if you'd just like to help improve it, please write to: Volunteers for Animals, P.O. Box 21, Fairview, MD 20804."

Sometimes, expert witnesses may be necessary to build an effective case. Depending on the particulars of your case, you might enlist a veterinarian to sign a statement declaring that, in his or her expert opinion, a certain course of action is abusive (e.g., electrocution is a cruel method of killing). Expert opinions can be invaluable, so if you know a sympathetic veterinarian, ask for his or her assistance, and let authorities know that you have support for your position. Copies of experts' statements can be sent to the proper enforcement authorities and the media, if necessary.

Building a Case and Following Through

If you don't get a satisfactory response from the proper enforcement officials, present your documented case to their supervisors. If necessary, meet with local government officials, such as the county commissioner, and ask them to act. If they, too, appear reluctant to help, approach the media. A news story may force officials to act—or scare those who are causing the abuse into stopping. Other concerned people may come forward with information about acts of cruelty that they have witnessed, strengthening your case even further. And remember, even if you can't interest the media, you can still write letters to the editors of your local newspapers.

Do not be afraid to contact the target of your investigation—be it an individual researcher or officials representing a corporation or organization—to request a meeting to discuss your concerns. Be prepared to propose some realistic suggestions for improving conditions for animals and to offer assistance (your own or your group's) in implementing your suggestions. Your target may refuse to meet with you, but it is important to offer the option. You may be asked, by the media or a judge, whether you ever contacted the party in question, and you will want to be able to give a positive response. If your target refuses to meet, you can proceed to take your case to law-enforcement officials and/or the media, knowing that you gave the individual or organization in question a fair chance to respond to your concerns.

Whether you register an official complaint, speak with eyewitnesses, or meet with those responsible for the abuse, you must keep track of your every step. Keep a written log. Be sure to leave a "paper trail" of dated memos and letters, and keep a well-organized record of everyone you contact, including the date of contact and photocopies of everything that you receive or send. The more written documentation you have to support your case, the more compelling it will be when you take it to court or to the proper law-enforcement authorities.