US (United States) Code. Title 15. Chapter 44: Protection of horses

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Commerce and Trade

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publicidad

-CITE-

15 USC CHAPTER 44 - PROTECTION OF HORSES 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 44 - PROTECTION OF HORSES

.

-HEAD-

CHAPTER 44 - PROTECTION OF HORSES

-MISC1-

Sec.

1821. Definitions.

1822. Congressional statement of findings.

1823. Horse shows and exhibitions.

(a) Disqualification of horses.

(b) Prohibited activities.

(c) Appointment of inspectors; manner of inspections.

(d) Recordkeeping and reporting requirements;

availability of records.

(e) Inspection by Secretary or duly appointed

representative.

1824. Unlawful acts.

1825. Violations and penalties.

(a) Criminal acts and penalties.

(b) Civil penalties; review and enforcement.

(c) Disqualification of offenders; orders; civil

penalties applicable; enforcement procedures.

(d) Production of witnesses and books, papers, and

documents; depositions; fees; presumptions;

jurisdiction.

(e) Detention of horses; seizure and condemnation of

equipment.

1826. Notice of violations to Attorney General.

1827. Utilization of personnel of Department of Agriculture and

officers and employees of consenting States; technical and other

nonfinancial assistance to State.

(a) Assistance from Department of Agriculture and

States.

(b) Assistance to States.

1828. Rules and regulations.

1829. Preemption of State laws; concurrent jurisdiction;

prohibition on certain State action.

1830. Omitted.

1831. Authorization of appropriations.

-CITE-

15 USC Sec. 1821 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 44 - PROTECTION OF HORSES

-HEAD-

Sec. 1821. Definitions

-STATUTE-

As used in this chapter unless the context otherwise requires:

(1) The term ''management'' means any person who organizes,

exercises control over, or administers or who is responsible for

organizing, directing, or administering.

(2) The term ''Secretary'' means the Secretary of Agriculture.

(3) The term ''sore'' when used to describe a horse means that

-

(A) an irritating or blistering agent has been applied,

internally or externally, by a person to any limb of a horse,

(B) any burn, cut, or laceration has been inflicted by a

person on any limb of a horse,

(C) any tack, nail, screw, or chemical agent has been

injected by a person into or used by a person on any limb of a

horse, or

(D) any other substance or device has been used by a person

on any limb of a horse or a person has engaged in a practice

involving a horse,

and, as a result of such application, infliction, injection, use,

or practice, such horse suffers, or can reasonably be expected to

suffer, physical pain or distress, inflammation, or lameness when

walking, trotting, or otherwise moving, except that such term

does not include such an application, infliction, injection, use,

or practice in connection with the therapeutic treatment of a

horse by or under the supervision of a person licensed to

practice veterinary medicine in the State in which such treatment

was given.

(4) The term ''State'' means any of the several States, the

District of Columbia, the Commonwealth of Puerto Rico, the Virgin

Islands, Guam, American Samoa, and the Trust Territory of the

Pacific Islands.

-SOURCE-

(Pub. L. 91-540, Sec. 2, Dec. 9, 1970, 84 Stat. 1404; Pub. L.

94-360, Sec. 3, July 13, 1976, 90 Stat. 915.)

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-360 added pars. (1) and (2), redesignated

subsec. (a), defining ''sore'' as meaning that certain substances

or devices had been applied to any limb of a horse prior to Dec. 9,

1970, resulting in, or reasonably likely to result in, such horse

suffering physical pain or distress when walking or trotting, as

par. (3) and, as so redesignated, struck out requirement that such

substance or device had to have been applied prior to Dec. 9, 1970

in order for a horse to be considered ''sored'' for purposes of

this chapter, and substituted par. (4) defining ''State'' for

subsec. (b) defining ''commerce'' as between a point in any State

or possession of the United States and any point outside thereof,

or between points within the same State or possession of the United

States but through any place outside thereof, or within the

District of Columbia, or from any foreign country to any point

within the United States.

SHORT TITLE OF 1976 AMENDMENT

Section 1(a) of Pub. L. 94-360 provided that: ''This Act

(amending this section and sections 1822 to 1825, 1827, 1830, and

1831 of this title and enacting provisions set out as notes under

this section and section 1831 of this title) may be cited as the

'Horse Protection Act Amendments of 1976'.''

SHORT TITLE

Section 1 of Pub. L. 91-540, as amended by Pub. L. 94-360, Sec.

2, July 13, 1976, 90 Stat. 915, provided: ''That this Act (enacting

this chapter) may be cited as the 'Horse Protection Act of 1970'.''

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-CITE-

15 USC Sec. 1822 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 44 - PROTECTION OF HORSES

-HEAD-

Sec. 1822. Congressional statement of findings

-STATUTE-

The Congress finds and declares that -

(1) the soring of horses is cruel and inhumane;

(2) horses shown or exhibited which are sore, where such

soreness improves the performance of such horse, compete unfairly

with horses which are not sore;

(3) the movement, showing, exhibition, or sale of sore horses

in intrastate commerce adversely affects and burdens interstate

and foreign commerce;

(4) all horses which are subject to regulation under this

chapter are either in interstate or foreign commerce or

substantially affect such commerce; and

(5) regulation under this chapter by the Secretary is

appropriate to prevent and eliminate burdens upon commerce and to

effectively regulate commerce.

-SOURCE-

(Pub. L. 91-540, Sec. 3, Dec. 9, 1970, 84 Stat. 1405; Pub. L.

94-360, Sec. 4, July 13, 1976, 90 Stat. 915.)

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-360, among other changes, inserted findings

stating that all horses subject to regulation under this chapter

are either in interstate or foreign commerce or substantially

affect interstate or foreign commerce, and that regulation by the

Secretary is appropriate to eliminate burdens upon commerce.

-CITE-

15 USC Sec. 1823 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 44 - PROTECTION OF HORSES

-HEAD-

Sec. 1823. Horse shows and exhibitions

-STATUTE-

(a) Disqualification of horses

The management of any horse show or horse exhibition shall

disqualify any horse from being shown or exhibited (1) which is

sore or (2) if the management has been notified by a person

appointed in accordance with regulations under subsection (c) of

this section or by the Secretary that the horse is sore.

(b) Prohibited activities

The management of any horse sale or auction shall prohibit the

sale or auction or exhibition for the purpose of sale of any horse

(1) which is sore or (2) if the management has been notified by a

person appointed in accordance with regulations under subsection

(c) of this section or by the Secretary that the horse is sore.

(c) Appointment of inspectors; manner of inspections

The Secretary shall prescribe by regulation requirements for the

appointment by the management of any horse show, horse exhibition,

or horse sale or auction of persons qualified to detect and

diagnose a horse which is sore or to otherwise inspect horses for

the purposes of enforcing this chapter. Such requirements shall

prohibit the appointment of persons who, after notice and

opportunity for a hearing, have been disqualified by the Secretary

to make such detection, diagnosis, or inspection. Appointment of a

person in accordance with the requirements prescribed under this

subsection shall not be construed as authorizing such person to

conduct inspections in a manner other than that prescribed for

inspections by the Secretary (or the Secretary's representative)

under subsection (e) of this section.

(d) Recordkeeping and reporting requirements; availability of

records

The management of a horse show, horse exhibition, or horse sale

or auction shall establish and maintain such records, make such

reports, and provide such information as the Secretary may by

regulation reasonably require for the purposes of implementing this

chapter or to determine compliance with this chapter. Upon request

of an officer or employee duly designated by the Secretary, such

management shall permit entry at all reasonable times for the

inspection and copying (on or off the premises) of records required

to be maintained under this subsection.

(e) Inspection by Secretary or duly appointed representative

For purposes of enforcement of this chapter (including any

regulation promulgated under this chapter) the Secretary, or any

representative of the Secretary duly designated by the Secretary,

may inspect any horse show, horse exhibition, or horse sale or

auction or any horse at any such show, exhibition, sale, or

auction. Such an inspection may only be made upon presenting

appropriate credentials. Each such inspection shall be commenced

and completed with reasonable promptness and shall be conducted

within reasonable limits and in a reasonable manner. An inspection

under this subsection shall extend to all things (including

records) bearing on whether the requirements of this chapter have

been complied with.

-SOURCE-

(Pub. L. 91-540, Sec. 4, Dec. 9, 1970, 84 Stat. 1405; Pub. L.

94-360, Sec. 5, July 13, 1976, 90 Stat. 916.)

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-360 substituted provisions relating to the

inspection and disqualification of horses participating in horse

shows and exhibitions, the issuance of regulations by the

Secretary, and the maintenance of records by horse show management,

for provisions prohibiting as constituting unlawful acts the

exhibition of sored horses, the transportation in commerce for

purposes of exhibition of any horse that had been sored, and the

conducting of any show or exhibition in which sored horses appear.

Provisions now covering such unlawful acts are set out as section

1824 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1824, 1825 of this title.

-CITE-

15 USC Sec. 1824 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 44 - PROTECTION OF HORSES

-HEAD-

Sec. 1824. Unlawful acts

-STATUTE-

The following conduct is prohibited:

(1) The shipping, transporting, moving, delivering, or

receiving of any horse which is sore with reason to believe that

such horse while it is sore may be shown, exhibited, entered for

the purpose of being shown or exhibited, sold, auctioned, or

offered for sale, in any horse show, horse exhibition, or horse

sale or auction; except that this paragraph does not apply to the

shipping, transporting, moving, delivering, or receiving of any

horse by a common or contract carrier or an employee thereof in

the usual course of the carrier's business or employee's

employment unless the carrier or employee has reason to believe

that such horse is sore.

(2) The (A) showing or exhibiting, in any horse show or horse

exhibition, of any horse which is sore, (B) entering for the

purpose of showing or exhibiting in any horse show or horse

exhibition, any horse which is sore, (C) selling, auctioning, or

offering for sale, in any horse sale or auction, any horse which

is sore, and (D) allowing any activity described in clause (A),

(B), or (C) respecting a horse which is sore by the owner of such

horse.

(3) The failure by the management of any horse show or horse

exhibition, which does not appoint and retain a person in

accordance with section 1823(c) of this title, to disqualify from

being shown or exhibited any horse which is sore.

(4) The failure by the management of any horse sale or auction,

which does not appoint and retain a qualified person in

accordance with section 1823(c) of this title, to prohibit the

sale, offering for sale, or auction of any horse which is sore.

(5) The failure by the management of any horse show or horse

exhibition, which has appointed and retained a person in

accordance with section 1823(c) of this title, to disqualify from

being shown or exhibited any horse (A) which is sore, and (B)

after having been notified by such person or the Secretary that

the horse is sore or after otherwise having knowledge that the

horse is sore.

(6) The failure by the management of any horse sale or auction

which has appointed and retained a person in accordance with

section 1823(c) of this title, to prohibit the sale, offering for

sale, or auction of any horse (A) which is sore, and (B) after

having been notified by such person or the Secretary or after

otherwise having knowledge that the horse is sore.

(7) The showing or exhibiting at a horse show or horse

exhibition; the selling or auctioning at a horse sale or auction;

the allowing to be shown, exhibited, or sold at a horse show,

horse exhibition, or horse sale or auction; the entering for the

purpose of showing or exhibiting in any horse show or horse

exhibition; or offering for sale at a horse sale or auction, any

horse which is wearing or bearing any equipment, device,

paraphernalia, or substance which the Secretary by regulation

under section 1828 of this title prohibits to prevent the soring

of horses.

(8) The failing to establish, maintain, or submit records,

notices, reports, or other information required under section

1823 of this title.

(9) The failure or refusal to permit access to or copying of

records, or the failure or refusal to permit entry or inspection,

as required by section 1823 of this title.

(10) The removal of any marking required by the Secretary to

identify a horse as being detained.

(11) The failure or refusal to provide the Secretary with

adequate space or facilities, as the Secretary may by regulation

under section 1828 of this title prescribe, in which to conduct

inspections or any other activity authorized to be performed by

the Secretary under this chapter.

-SOURCE-

(Pub. L. 91-540, Sec. 5, Dec. 9, 1970, 84 Stat. 1405; Pub. L.

94-360, Sec. 6, July 13, 1976, 90 Stat. 916.)

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-360 substituted provisions prohibiting the

transportation, receipt, exhibition, sale, or auction of a sored

horse, and the showing, sale or auction of a horse bearing any

device or substance prohibited by regulation of the Secretary, and

making the management of a horse show, exhibition, or sale,

responsible for failure to disqualify such horses from

participating, and for interfering with the conducting of

inspections by the Secretary of horses in the show or of the

management records, for provisions authorizing the inspection of

horses, transported in commerce, and requiring the management of

shows and exhibitions to maintain such records as the Secretary

prescribes. Provisions now covering the maintenance of records and

the inspection of horses are set out as section 1823 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1825, 1827 of this title.

-CITE-

15 USC Sec. 1825 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 44 - PROTECTION OF HORSES

-HEAD-

Sec. 1825. Violations and penalties

-STATUTE-

(a) Criminal acts and penalties

(1) Except as provided in paragraph (2) of this subsection, any

person who knowingly violates section 1824 of this title shall,

upon conviction thereof, be fined not more than $3,000, or

imprisoned for not more than one year, or both.

(2)(A) If any person knowingly violates section 1824 of this

title, after one or more prior convictions of such person for such

a violation have become final, such person shall, upon conviction

thereof, be fined not more than $5,000, or imprisoned for not more

than two years, or both.

(B) Any person who knowingly makes, or causes to be made, a false

entry or statement in any report required under this chapter; who

knowingly makes, or causes to be made, any false entry in any

account, record, or memorandum required to be established and

maintained by any person or in any notification or other

information required to be submitted to the Secretary under section

1823 of this title; who knowingly neglects or fails to make or

cause to be made, full, true, and correct entries in such accounts,

records, memoranda, notification, or other materials; who knowingly

removes any such documentary evidence out of the jurisdiction of

the United States; who knowingly mutilates, alters, or by any other

means falsifies any such documentary evidence; or who knowingly

refuses to submit any such documentary evidence to the Secretary

for inspection and copying shall be guilty of an offense against

the United States, and upon conviction thereof shall be fined not

more than $5,000, or imprisoned for not more than three years, or

both.

(C) Any person who forcibly assaults, resists, opposes, impedes,

intimidates, or interferes with any person while engaged in or on

account of the performance of his official duties under this

chapter shall be fined not more than $5,000, or imprisoned not more

than three years, or both. Whoever, in the commission of such

acts, uses a deadly or dangerous weapon shall be fined not more

than $10,000, or imprisoned not more than ten years, or both.

Whoever kills any person while engaged in or on account of the

performance of his official duties under this chapter shall be

punishable as provided under sections 1111 and 1112 of title 18.

(b) Civil penalties; review and enforcement

(1) Any person who violates section 1824 of this title shall be

liable to the United States for a civil penalty of not more than

$2,000 for each violation. No penalty shall be assessed unless

such person is given notice and opportunity for a hearing before

the Secretary with respect to such violation. The amount of such

civil penalty shall be assessed by the Secretary by written order.

In determining the amount of such penalty, the Secretary shall take

into account all factors relevant to such determination, including

the nature, circumstances, extent, and gravity of the prohibited

conduct and, with respect to the person found to have engaged in

such conduct, the degree of culpability, any history of prior

offenses, ability to pay, effect on ability to continue to do

business, and such other matters as justice may require.

(2) Any person against whom a violation is found and a civil

penalty assessed under paragraph (1) of this subsection may obtain

review in the court of appeals of the United States for the circuit

in which such person resides or has his place of business or in the

United States Court of Appeals for the District of Columbia Circuit

by filing a notice of appeal in such court within 30 days from the

date of such order and by simultaneously sending a copy of such

notice by certified mail to the Secretary. The Secretary shall

promptly file in such court a certified copy of the record upon

which such violation was found and such penalty assessed, as

provided in section 2112 of title 28. The findings of the Secretary

shall be set aside if found to be unsupported by substantial

evidence.

(3) If any person fails to pay an assessment of a civil penalty

after it has become a final and unappealable order, or after the

appropriate court of appeals has entered final judgment in favor of

the Secretary, the Secretary shall refer the matter to the Attorney

General, who shall recover the amount assessed in any appropriate

district court of the United States. In such action, the validity

and appropriateness of the final order imposing the civil penalty

shall not be subject to review.

(4) The Secretary may, in his discretion, compromise, modify, or

remit, with or without conditions, any civil penalty assessed under

this subsection.

(c) Disqualification of offenders; orders; civil penalties

applicable; enforcement procedures

In addition to any fine, imprisonment, or civil penalty

authorized under this section, any person who was convicted under

subsection (a) of this section or who paid a civil penalty assessed

under subsection (b) of this section or is subject to a final order

under such subsection assessing a civil penalty for any violation

of any provision of this chapter or any regulation issued under

this chapter may be disqualified by order of the Secretary, after

notice and an opportunity for a hearing before the Secretary, from

showing or exhibiting any horse, judging or managing any horse

show, horse exhibition, or horse sale or auction for a period of

not less than one year for the first violation and not less than

five years for any subsequent violation. Any person who knowingly

fails to obey an order of disqualification shall be subject to a

civil penalty of not more than $3,000 for each violation. Any

horse show, horse exhibition, or horse sale or auction, or the

management thereof, collectively and severally, which knowingly

allows any person who is under an order of disqualification to show

or exhibit any horse, to enter for the purpose of showing or

exhibiting any horse, to take part in managing or judging, or

otherwise to participate in any horse show, horse exhibition, or

horse sale or auction in violation of an order shall be subject to

a civil penalty of not more than $3,000 for each violation. The

provisions of subsection (b) of this section respecting the

assessment, review, collection, and compromise, modification, and

remission of a civil penalty apply with respect to civil penalties

under this subsection.

(d) Production of witnesses and books, papers, and documents;

depositions; fees; presumptions; jurisdiction

(1) The Secretary may require by subpena the attendance and

testimony of witnesses and the production of books, papers, and

documents relating to any matter under investigation or the subject

of a proceeding. Witnesses summoned before the Secretary shall be

paid the same fees and mileage that are paid witnesses in the

courts of the United States.

(2) The attendance of witnesses, and the production of books,

papers, and documents, may be required at any designated place from

any place in the United States. In case of disobedience to a

subpena the Secretary, or any party to a proceeding before the

Secretary, may invoke the aid of any appropriate district court of

the United States in requiring attendance and testimony of

witnesses and the production of such books, papers, and documents

under the provisions of this chapter.

(3) The Secretary may order testimony to be taken by deposition

under oath in any proceeding or investigation pending before him,

at any stage of the proceeding or investigation. Depositions may

be taken before any person designated by the Secretary who has

power to administer oaths. The Secretary may also require the

production of books, papers, and documents at the taking of

depositions.

(4) Witnesses whose depositions are taken and the persons taking

them shall be entitled to the same fees as paid for like services

in the courts of the United States or in other jurisdictions in

which they may appear.

(5) In any civil or criminal action to enforce this chapter or

any regulation under this chapter a horse shall be presumed to be a

horse which is sore if it manifests abnormal sensitivity or

inflammation in both of its forelimbs or both of its hindlimbs.

(6) The United States district courts, the District Court of

Guam, the District Court of the Virgin Islands, the highest court

of American Samoa, and the United States courts of the other

territories, are vested with jurisdiction specifically to enforce,

and to prevent and restrain violations of this chapter, and shall

have jurisdiction in all other kinds of cases arising under this

chapter, except as provided in subsection (b) of this section.

(e) Detention of horses; seizure and condemnation of equipment

(1) The Secretary may detain (for a period not to exceed

twenty-four hours) for examination, testing, or the taking of

evidence, any horse at any horse show, horse exhibition, or horse

sale or auction which is sore or which the Secretary has probable

cause to believe is sore. The Secretary may require the temporary

marking of any horse during the period of its detention for the

purpose of identifying the horse as detained. A horse which is

detained subject to this paragraph shall not be moved by any person

from the place it is so detained except as authorized by the

Secretary or until the expiration of the detention period

applicable to the horse.

(2) Any equipment, device, paraphernalia, or substance which was

used in violation of any provision of this chapter or any

regulation issued under this chapter or which contributed to the

soring of any horse at or prior to any horse show, horse

exhibition, or horse sale or auction, shall be liable to be

proceeded against, by process of libel for the seizure and

condemnation of such equipment, device, paraphernalia, or

substance, in any United States district court within the

jurisdiction of which such equipment, device, paraphernalia, or

substance is found. Such proceedings shall conform as nearly as

possible to proceedings in rem in admiralty.

-SOURCE-

(Pub. L. 91-540, Sec. 6, Dec. 9, 1970, 84 Stat. 1406; Pub. L.

94-360, Sec. 7, July 13, 1976, 90 Stat. 918.)

-MISC1-

AMENDMENTS

1976 - Subsec. (a). Pub. L. 94-360 substituted provisions

increasing the maximum amount of fine that can be imposed and the

maximum length of imprisonment that can be ordered for knowingly

performing enumerated activities prohibited under this chapter, for

provisions authorizing a maximum civil penalty of $1,000 for each

unintentional violation of this chapter, requiring notice to an

alleged violator prior to assessment of any penalty and authorizing

the institution of civil actions by the Attorney General to enforce

such penalties.

Subsec. (b). Pub. L. 94-360 substituted provisions relating to

imposition of civil penalties up to $2,000, criteria for imposition

of particular amounts, and procedures for review and enforcement of

civil penalties, for provisions authorizing fines up to $2,000

and/or imprisonment up to six months for intentional violations of

provisions of this chapter or any regulation issued thereunder.

Subsecs. (c) to (e). Pub. L. 94-360 added subsecs. (c) to (e).

-CITE-

15 USC Sec. 1826 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 44 - PROTECTION OF HORSES

-HEAD-

Sec. 1826. Notice of violations to Attorney General

-STATUTE-

Whenever the Secretary believes that a willful violation of this

chapter has occurred and that prosecution is needed to obtain

compliance with this chapter, he shall inform the Attorney General

and the Attorney General shall take such action with respect to

such matter as he deems appropriate.

-SOURCE-

(Pub. L. 91-540, Sec. 7, Dec. 9, 1970, 84 Stat. 1406.)

-CITE-

15 USC Sec. 1827 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 44 - PROTECTION OF HORSES

-HEAD-

Sec. 1827. Utilization of personnel of Department of Agriculture

and officers and employees of consenting States; technical and

other nonfinancial assistance to State

-STATUTE-

(a) Assistance from Department of Agriculture and States

The Secretary, in carrying out the provisions of this chapter,

shall utilize, to the maximum extent practicable, the existing

personnel and facilities of the Department of Agriculture. The

Secretary is further authorized to utilize the officers and

employees of any State, with its consent, and with or without

reimbursement, to assist him in carrying out the provisions of this

chapter.

(b) Assistance to States

The Secretary may, upon request, provide technical and other

nonfinancial assistance (including the lending of equipment on such

terms and conditions as the Secretary determines is appropriate) to

any State to assist it in administering and enforcing any law of

such State designed to prohibit conduct described in section 1824

of this title.

-SOURCE-

(Pub. L. 91-540, Sec. 8, Dec. 9, 1970, 84 Stat. 1406; Pub. L.

94-360, Sec. 8, July 13, 1976, 90 Stat. 920.)

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-360 designated existing provisions as subsec.

(a) and added subsec. (b).

-CITE-

15 USC Sec. 1828 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 44 - PROTECTION OF HORSES

-HEAD-

Sec. 1828. Rules and regulations

-STATUTE-

The Secretary is authorized to issue such rules and regulations

as he deems necessary to carry out the provisions of this chapter.

-SOURCE-

(Pub. L. 91-540, Sec. 9, Dec. 9, 1970, 84 Stat. 1406.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1824 of this title.

-CITE-

15 USC Sec. 1829 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 44 - PROTECTION OF HORSES

-HEAD-

Sec. 1829. Preemption of State laws; concurrent jurisdiction;

prohibition on certain State action

-STATUTE-

No provision of this chapter shall be construed as indicating an

intent on the part of the Congress to occupy the field in which

such provision operates to the exclusion of the law of any State on

the same subject matter, unless there is a direct and positive

conflict between such provision and the law of the State so that

the two cannot be reconciled or consistently stand together. Nor

shall any provision of this chapter be construed to exclude the

Federal Government from enforcing the provision of this chapter

within any State, whether or not such State has enacted legislation

on the same subject, it being the intent of the Congress to

establish concurrent jurisdiction with the States over such subject

matter. In no case shall any such State take any action pursuant

to this section involving a violation of any such law of that State

which would preclude the United States from enforcing the

provisions of this chapter against any person.

-SOURCE-

(Pub. L. 91-540, Sec. 10, Dec. 9, 1970, 84 Stat. 1406.)

-CITE-

15 USC Sec. 1830 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 44 - PROTECTION OF HORSES

-HEAD-

Sec. 1830. Omitted

-COD-

CODIFICATION

Section, Pub. L. 91-540, Sec. 11, Dec. 9, 1970, 84 Stat. 1406;

Pub. L. 94-360, Sec. 9, July 13, 1976, 90 Stat. 920; Pub. L.

104-66, title I, Sec. 1012(b), Dec. 21, 1995, 109 Stat. 711, which

required the Secretary of Agriculture to include information on

matters covered by this chapter, together with recommendations for

legislative and other action, as part of the annual report

submitted to Congress under section 2155 of title 7, terminated,

effective May 15, 2000, pursuant to section 3003 of Pub. L. 104-66,

as amended, set out as a note under section 1113 of Title 31, Money

and Finance. See, also, page 44 of House Document No. 103-7.

-CITE-

15 USC Sec. 1831 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 44 - PROTECTION OF HORSES

-HEAD-

Sec. 1831. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to carry out this chapter

$125,000 for the period beginning July 1, 1976, and ending

September 30, 1976; and for the fiscal year beginning October 1,

1976, and for each fiscal year thereafter there are authorized to

be appropriated such sums, not to exceed $500,000, as may be

necessary to carry out this chapter.

-SOURCE-

(Pub. L. 91-540, Sec. 12, Dec. 9, 1970, 84 Stat. 1407; Pub. L.

94-360, Sec. 10, July 13, 1976, 90 Stat. 921.)

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-360 substituted provisions authorizing $125,000

to be appropriated for the period beginning July 1, 1976 and ending

September 30, 1976, and $500,000 to be appropriated for the fiscal

year beginning October 1, 1976, and each fiscal year thereafter, to

carry out the purposes of this chapter, for provisions authorizing

not more than $100,000 to be appropriated annually to carry out the

provisions of this chapter.

EFFECTIVE DATE OF 1976 AMENDMENT

Section 10 of Pub. L. 94-360 provided that the amendment made by

that section is effective July 1, 1976.

-CITE-