C.F.R. » Title 9 » CHAPTER I—ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE › SUBCHAPTER A—ANIMAL WELFARE › PART 3—STANDARDS › Subpart F—Specifications for the Humane Handling, Care, Treatment, and Transportation of Warmblooded Animals Other Than Dogs, Cats, Rabbits, Hamsters, Guinea Pigs, Nonhuman Primates, Marine Mammals, and Birds

9 C.F.R. § 3.128

Space requirements

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Enclosures shall be constructed and maintained so as to provide sufficient space to allow each animal to make normal postural and social adjustments with adequate freedom of movement. Inadequate space may be indicated by evidence of malnutrition, poor condition, debility, stress, or abnormal behavior patterns.

Notes of Decisions
Cited in 5 cases, 1983–2017 · leading case: Graham v. San Antonio Zoological Soc'y, 261 F. Supp. 3d 711 (W.D. Tex. 2017).
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Graham v. San Antonio Zoological Soc'y, 261 F. Supp. 3d 711 (W.D. Tex. 2017). · cites it 2× “enclosures fail to comply with 9 C.F.R. § 3.128 ... There is no evidence that any of the bears are malnourished, in poor condition, or physically weak .”
Union Cnty. Jail Inmates v. Dibuono, 718 F.2d 1247 (3rd Cir. 1983). · cites it 2× “See 9 C.F.R. §§ 3.128 , 3.78(b) (1983). In arriving at so fundamentally inhumane a result, moreover, the panel completely ignored the limits of their reviewing authority imposed by Rules 52 and 53.”
Leider v. Lewis (Cal. Ct. App. 2016). · cites it 2× “(See 9 C.F.R. § 3.128 [ensuring freedom of movement]; 9 C.”
Leider v. Lewis (Cal. Ct. App. 2016). · cites it 2× “(See 9 C.F.R. § 3.128 [ensuring freedom of movement]; 9 C.”
Leider v. Lewis, 16 Cal. Daily Op. Serv. 527 (Cal. Ct. App. 2nd 2016). · cites it 2× “The City does not contend, and we do not believe, that such a limited remedy amounts to a substantial injustice.”
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