April 28th, 1998: The Alternatives Research and Development Foundation (ARDF) files a petition with the USDA to begin the rulemaking process to include rats, mice, and birds in the definition of ‘animal’ under the Animal Welfare Act (AWA).

January 28th, 1999: USDA publishes notice of filed petition and request for comments on filed petition in the Federal Register.

Federal Register: January 28, 1999 (Volume 64, Number 18) 4356-4367.

March 4th, 1999: Comment period extended through May 28th, 1999.

March 9th, 1999: ARDF, In Vitro International, and Kristine Gausz file suit against the USDA and APHIS seeking an order requiring the USDA to include rats, mice, and birds under the definition of ‘animal’ in the AWA.

June 22nd, 2000: Motion to dismiss filed by USDA denied by District Court for District of Columbia.

September 25th, 2000: USDA and plaintiffs agree to settle case and file stipulation of dismissal with the court.

Why? The USDA was afraid the Court would rule in favour of the plaintiffs, forcing the immediate inclusion of rats, mice, and birds as ‘animals’ under the AWA. Due to the settlement, rats and mice bred for use in research were permenently excluded from AWA protection by Congress through the Helms Amendment of the 2002 Farm Bill. Rats and mice held by the feeder/pet industry may face the same exclusion if there is no response to the current ANPR.

The American Anti-Vivisection Society (AAVS) has an excellent time-line of events (slanted towards laboratory animals) which should come as no surprise - ARDF is an arm of AAVS:

American Anti-Vivisection Society