US (United States) Code. Title 7. Chapter 54: Transportation, sale and handling of certain animals

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Agriculture

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-CITE-

7 USC CHAPTER 54 - TRANSPORTATION, SALE, AND HANDLING OF

CERTAIN ANIMALS 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 54 - TRANSPORTATION, SALE, AND HANDLING OF CERTAIN ANIMALS

.

-HEAD-

CHAPTER 54 - TRANSPORTATION, SALE, AND HANDLING OF CERTAIN ANIMALS

-MISC1-

Sec.

2131. Congressional statement of policy.

2132. Definitions.

2133. Licensing of dealers and exhibitors.

2134. Valid license for dealers and exhibitors required.

2135. Time period for disposal of dogs or cats by dealers or

exhibitors.

2136. Registration of research facilities, handlers, carriers and

unlicensed exhibitors.

2137. Purchase of dogs or cats by research facilities prohibited

except from authorized operators of auction sales and licensed

dealers or exhibitors.

2138. Purchase of dogs or cats by United States Government

facilities prohibited except from authorized operators of auction

sales and licensed dealers or exhibitors.

2139. Principal-agent relationship established.

2140. Recordkeeping by dealers, exhibitors, research facilities,

intermediate handlers, and carriers.

2141. Marking and identification of animals.

2142. Humane standards and recordkeeping requirements at auction

sales.

2143. Standards and certification process for humane handling,

care, treatment, and transportation of animals.

(a) Promulgation of standards, rules, regulations,

and orders; requirements; research facilities;

State authority.

(b) Research facility Committee; establishment,

membership, functions, etc.

(c) Federal research facilities; establishment,

composition, and responsibilities of Federal

Committee.

(d) Training of scientists, animal technicians, and

other personnel involved with animal care and

treatment at research facilities.

(e) Establishment of information service at National

Agricultural Library; service functions.

(f) Suspension or revocation of Federal support for

research projects; prerequisites; appeal

procedure.

(f) Veterinary certificate; contents; exceptions.

(g) Age of animals delivered to registered research

facilities; power of Secretary to designate

additional classes of animals and age limits.

(h) Prohibition of C.O.D. arrangements for

transportation of animals in commerce;

exceptions.

2144. Humane standards for animals by United States Government

facilities.

2145. Consultation and cooperation with Federal, State, and local

governmental bodies by Secretary of Agriculture.

2146. Administration and enforcement by Secretary.

(a) Investigations and inspections.

(b) Penalties for interfering with official duties.

(c) Procedures.

2147. Inspection by legally constituted law enforcement agencies.

2148. Repealed.

2149. Violations by licensees.

(a) Temporary license suspension; notice and hearing;

revocation.

(b) Civil penalties for violation of any section,

etc.; separate offenses; notice and hearing;

appeal; considerations in assessing penalty;

compromise of penalty; civil action by Attorney

General for failure to pay penalty; district

court jurisdiction; failure to obey cease and

desist order.

(c) Appeal of final order by aggrieved person;

limitations; exclusive jurisdiction of United

States Courts of Appeals.

(d) Criminal penalties for violation; initial

prosecution brought before United States

magistrate judges; conduct of prosecution by

attorneys of United States Department of

Agriculture.

2150. Repealed.

2151. Rules and regulations.

2152. Separability.

2153. Fees and authorization of appropriations.

2154. Effective dates.

2155. Omitted.

2156. Animal fighting venture prohibition.

(a) Sponsoring or exhibiting an animal in an animal

fighting venture.

(b) Buying, selling, delivering, or transporting

animals for participation in animal fighting

venture.

(c) Use of Postal Service or other interstate

instrumentality for promoting or furthering

animal fighting venture.

(d) Violation of State law.

(e) Penalties.

(f) Investigation of violations by Secretary;

assistance by other Federal agencies; issuance

of search warrant; forfeiture; costs

recoverable in forfeiture or civil action.

(g) Definitions.

(h) Conflict with State law.

2157. Release of trade secrets.

(a) Release of confidential information prohibited.

(b) Wrongful use of confidential information

prohibited.

(c) Penalties.

(d) Recovery of damages by injured person; costs;

attorney's fee.

(e) Other rights and remedies.

2158. Protection of pets.

(a) Holding period.

(b) Certification.

(c) Enforcement.

(d) Regulation.

2159. Authority to apply for injunctions.

(a) Request.

(b) Issuance.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 16 section 1374; title 42

section 287a-3a.

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7 USC Sec. 2131 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 54 - TRANSPORTATION, SALE, AND HANDLING OF CERTAIN ANIMALS

-HEAD-

Sec. 2131. Congressional statement of policy

-STATUTE-

The Congress finds that animals and activities which are

regulated under this chapter are either in interstate or foreign

commerce or substantially affect such commerce or the free flow

thereof, and that regulation of animals and activities as provided

in this chapter is necessary to prevent and eliminate burdens upon

such commerce and to effectively regulate such commerce, in order -

(1) to insure that animals intended for use in research

facilities or for exhibition purposes or for use as pets are

provided humane care and treatment;

(2) to assure the humane treatment of animals during

transportation in commerce; and

(3) to protect the owners of animals from the theft of their

animals by preventing the sale or use of animals which have been

stolen.

The Congress further finds that it is essential to regulate, as

provided in this chapter, the transportation, purchase, sale,

housing, care, handling, and treatment of animals by carriers or by

persons or organizations engaged in using them for research or

experimental purposes or for exhibition purposes or holding them

for sale as pets or for any such purpose or use.

-SOURCE-

(Pub. L. 89-544, Sec. 1(b), formerly Sec. 1, Aug. 24, 1966, 80

Stat. 350; Pub. L. 91-579, Sec. 2, Dec. 24, 1970, 84 Stat. 1560;

renumbered and amended Pub. L. 94-279, Sec. 2, Apr. 22, 1976, 90

Stat. 417.)

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-279 restated and expanded objectives of this

chapter to include regulation of animals and activities in, or

substantially affecting, interstate or foreign commerce in order to

prevent and eliminate burdens on such commerce and to assure the

humane treatment of animals during transportation.

1970 - Pub. L. 91-579 restated objectives to include all animals

as defined instead of only cats and dogs and expanded coverage to

regulate animals intended for use for exhibition purposes or for

use as pets.

EFFECTIVE DATE OF 1985 AMENDMENT

Pub. L. 99-198, title XVII, Sec. 1759, Dec. 23, 1985, 99 Stat.

1650, provided that: ''This subtitle (subtitle F (Sec. 1751-1759),

enacting section 2157 of this title, amending sections 2132, 2143

to 2146, and 2149 of this title, and enacting provisions set out as

notes under this section) shall take effect 1 year after the date

of the enactment of this Act (Dec. 23, 1985).''

EFFECTIVE DATE OF 1970 AMENDMENT

Section 23 of Pub. L. 91-579 provided that: ''The amendments made

by this Act (enacting section 2155 of this title, amending this

section and sections 2132, 2133, 2134, 2135, 2136, 2137, 2138,

2139, 2140, 2141, 2142, 2143, 2144, 2145, 2146, 2147, 2149, and

2150 of this title, repealing section 2148 of this title, and

enacting provisions set out as notes under this section) shall take

effect one year after the date of enactment of this Act (Dec. 24,

1970), except for the amendments to sections 16, 17, 19, and 20 of

the Act of August 24, 1966 (sections 2146, 2147, 2149, and 2150 of

this title), which shall become effective thirty days after the

date of enactment of this Act (Dec. 24, 1970)''.

SHORT TITLE OF 1976 AMENDMENT

Section 1 of Pub. L. 94-279 provided: ''That this Act (enacting

section 2156 of this title, amending this section, sections 2132,

2134, 2136, 2139 to 2146, 2149, 2153 to 2155 of this title, and

section 3001 of Title 39, Postal Service, repealing section 2150 of

this title, and enacting provisions set out as notes under this

section) may be cited as the 'Animal Welfare Act Amendments of

1976'.''

SHORT TITLE OF 1970 AMENDMENT

Section 1 of Pub. L. 91-579 provided: ''That this Act (enacting

section 2155 of this title, amending this section and sections

2132, 2133, 2134, 2135, 2136, 2137, 2138, 2139, 2140, 2141, 2142,

2143, 2144, 2145, 2146, 2147, 2149, and 2150 of this title,

repealing section 2148 of this title, and enacting provisions set

out as notes under this section) may be cited as the 'Animal

Welfare Act of 1970'.''

SHORT TITLE

Section 1(a) of Pub. L. 89-544, as added by section 2 of Pub. L.

94-279, provided: ''That this Act (enacting this chapter) may be

cited as the 'Animal Welfare Act'.''

CONGRESSIONAL FINDINGS FOR 1985 AMENDMENT

Pub. L. 99-198, title XVII, subtitle F (Sec. 1751-1759), Sec.

1751, Dec. 23, 1985, 99 Stat. 1645, provided that: ''For the

purposes of this subtitle (see Effective Date of 1985 Amendment

note above), the Congress finds that -

''(1) the use of animals is instrumental in certain research

and education for advancing knowledge of cures and treatment for

diseases and injuries which afflict both humans and animals;

''(2) methods of testing that do not use animals are being and

continue to be developed which are faster, less expensive, and

more accurate than traditional animal experiments for some

purposes and further opportunities exist for the development of

these methods of testing;

''(3) measures which eliminate or minimize the unnecessary

duplication of experiments on animals can result in more

productive use of Federal funds; and

''(4) measures which help meet the public concern for

laboratory animal care and treatment are important in assuring

that research will continue to progress.''

-CROSS-

EXTENDED DEFINITION OF ''ANIMAL''

Pub. L. 99-198, title XVII, 1756(b), Dec. 23, 1985, 99 Stat.

1650, provided that: ''For purposes of this Act (see Tables for

classification), the term 'animal' shall have the same meaning as

defined in section 2(g) of the Animal Welfare Act (7 U.S.C.

2132(g)).''

-CITE-

7 USC Sec. 2132 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 54 - TRANSPORTATION, SALE, AND HANDLING OF CERTAIN ANIMALS

-HEAD-

Sec. 2132. Definitions

-STATUTE-

When used in this chapter -

(a) The term ''person'' includes any individual, partnership,

firm, joint stock company, corporation, association, trust, estate,

or other legal entity;

(b) The term ''Secretary'' means the Secretary of Agriculture of

the United States or his representative who shall be an employee of

the United States Department of Agriculture;

(c) The term ''commerce'' means trade, traffic, transportation,

or other commerce -

(1) between a place in a State and any place outside of such

State, or between points within the same State but through any

place outside thereof, or within any territory, possession, or

the District of Columbia;

(2) which affects trade, traffic, transportation, or other

commerce described in paragraph (1).

(d) The term ''State'' means a State of the United States, the

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

Islands, Guam, American Samoa, or any other territory or possession

of the United States;

(e) The term ''research facility'' means any school (except an

elementary or secondary school), institution, or organization, or

person that uses or intends to use live animals in research, tests,

or experiments, and that (1) purchases or transports live animals

in commerce, or (2) receives funds under a grant, award, loan, or

contract from a department, agency, or instrumentality of the

United States for the purpose of carrying out research, tests, or

experiments: Provided, That the Secretary may exempt, by

regulation, any such school, institution, organization, or person

that does not use or intend to use live dogs or cats, except those

schools, institutions, organizations, or persons, which use

substantial numbers (as determined by the Secretary) of live

animals the principal function of which schools, institutions,

organizations, or persons, is biomedical research or testing, when

in the judgment of the Secretary, any such exemption does not

vitiate the purpose of this chapter;

(f) The term ''dealer'' means any person who, in commerce, for

compensation or profit, delivers for transportation, or transports,

except as a carrier, buys, or sells, or negotiates the purchase or

sale of, (1) any dog or other animal whether alive or dead for

research, teaching, exhibition, or use as a pet, or (2) any dog for

hunting, security, or breeding purposes, except that this term does

not include -

(i) a retail pet store except such store which sells any

animals to a research facility, an exhibitor, or a dealer; or

(ii) any person who does not sell, or negotiate the purchase or

sale of any wild animal, dog, or cat, and who derives no more

than $500 gross income from the sale of other animals during any

calendar year;

(g) The term ''animal'' means any live or dead dog, cat, monkey

(nonhuman primate mammal), guinea pig, hamster, rabbit, or such

other warmblooded animal, as the Secretary may determine is being

used, or is intended for use, for research, testing,

experimentation, or exhibition purposes, or as a pet; but such term

excludes (1) birds, rats of the genus Rattus, and mice of the genus

Mus, bred for use in research, (2) horses not used for research

purposes, and (3) other farm animals, such as, but not limited to

livestock or poultry, used or intended for use as food or fiber, or

livestock or poultry used or intended for use for improving animal

nutrition, breeding, management, or production efficiency, or for

improving the quality of food or fiber. With respect to a dog, the

term means all dogs including those used for hunting, security, or

breeding purposes;

(h) The term ''exhibitor'' means any person (public or private)

exhibiting any animals, which were purchased in commerce or the

intended distribution of which affects commerce, or will affect

commerce, to the public for compensation, as determined by the

Secretary, and such term includes carnivals, circuses, and zoos

exhibiting such animals whether operated for profit or not; but

such term excludes retail pet stores, organizations sponsoring and

all persons participating in State and country fairs, livestock

shows, rodeos, purebred dog and cat shows, and any other fairs or

exhibitions intended to advance agricultural arts and sciences, as

may be determined by the Secretary;

(i) The term ''intermediate handler'' means any person including

a department, agency, or instrumentality of the United States or of

any State or local government (other than a dealer, research

facility, exhibitor, any person excluded from the definition of a

dealer, research facility, or exhibitor, an operator of an auction

sale, or a carrier) who is engaged in any business in which he

receives custody of animals in connection with their transportation

in commerce;

(j) The term ''carrier'' means the operator of any airline,

railroad, motor carrier, shipping line, or other enterprise, which

is engaged in the business of transporting any animals for hire;

(k) The term ''Federal agency'' means an Executive agency as such

term is defined in section 105 of title 5, and with respect to any

research facility means the agency from which the research facility

receives a Federal award for the conduct of research,

experimentation, or testing, involving the use of animals;

(l) The term ''Federal award for the conduct of research,

experimentation, or testing, involving the use of animals'' means

any mechanism (including a grant, award, loan, contract, or

cooperative agreement) under which Federal funds are provided to

support the conduct of such research. (FOOTNOTE 1)

(FOOTNOTE 1) So in original. The period probably should be a

semicolon.

(m) The term ''quorum'' means a majority of the Committee

members;

(n) The term ''Committee'' means the Institutional Animal

Committee established under section 2143(b) of this title; and

(o) The term ''Federal research facility'' means each department,

agency, or instrumentality of the United States which uses live

animals for research or experimentation.

-SOURCE-

(Pub. L. 89-544, Sec. 2, Aug. 24, 1966, 80 Stat. 350; Pub. L.

91-579, Sec. 3, Dec. 24, 1970, 84 Stat. 1560; Pub. L. 94-279, Sec.

3, 4, Apr. 22, 1976, 90 Stat. 417, 418; Pub. L. 99-198, title XVII,

Sec. 1756(a), Dec. 23, 1985, 99 Stat. 1650; Pub. L. 107-171, title

X, Sec. 10301, May 13, 2002, 116 Stat. 491.)

-MISC1-

AMENDMENTS

2002 - Subsec. (g). Pub. L. 107-171 substituted ''excludes (1)

birds, rats of the genus Rattus, and mice of the genus Mus, bred

for use in research, (2) horses not used for research purposes, and

(3)'' for ''excludes horses not used for research purposes and''.

1985 - Subsecs. (k) to (o). Pub. L. 99-198 added subsecs. (k) to

(o).

1976 - Subsec. (c). Pub. L. 94-279, Sec. 3(1), made changes in

phraseology, restructured subsection and expanded definition of

''commerce'' by making it applicable to any activity affecting

interstate commerce.

Subsec. (d). Pub. L. 94-279, Sec. 3(1), substituted definition of

''State'' for definition of ''affecting commerce''.

Subsec. (e). Pub. L. 94-279, Sec. 3(2), substituted ''in

commerce'' for ''affecting commerce''.

Subsec. (f). Pub. L. 94-279, Sec. 3(2), (3), made changes in

phraseology, restructured subsection and expanded definition of

''dealer'' to include persons who negotiate the purchase or sale of

protected animals.

Subsec. (g). Pub. L. 94-279, Sec. 3(4), expanded definition of

''animal'' to include dogs used for hunting, security, or breeding

purposes.

Subsecs. (i), (j). Pub. L. 94-279, Sec. 4, added subsecs. (i) and

(j).

1970 - Subsec. (b). Pub. L. 91-579, Sec. 3(1), inserted ''of the

United States or his representative who shall be an employee of the

United States Department of Agriculture'' after ''Secretary of

Agriculture''.

Subsec. (c). Pub. L. 91-579, Sec. 3(2), substituted ''trade,

traffic, commerce, transportation among the several States, or

between any State'' for ''commerce between any State''.

Subsec. (d). Pub. L. 91-579, Sec. 3(3), substituted definition of

''affecting commerce'' for definition of ''dog''.

Subsec. (e). Pub. L. 91-579, Sec. 3(3), struck out definition of

''cat'' and substituted for it a definition of ''research

facility'' formerly set out in subsec. (f), and, in such definition

as transferred from former subsec. (f), extended the term's meaning

to include those using ''animals'' rather than only dogs and cats

and allowed exemptions of schools, organizations, institutions, or

persons which do not use live dogs or cats, with such exemption to

be inapplicable in the case of schools, organizations,

institutions, and persons in biomedical research using a

substantial number of live animals.

Subsec. (f). Pub. L. 91-579, Sec. 3(3), substituted definition of

''dealer'' formerly contained in subsec. (g) for definition of

''research facility'' and in such definition of ''dealer'' as thus

transferred inserted provisions extending meaning to include live

or dead animals rather than only dogs and cats, adding teaching and

exhibition purposes or uses as pets, and exempting retail pet

stores unless such stores sell animals to a research facility, an

exhibitor, or a dealer. Definition of ''research facility''

transferred to subsec. (e) and amended.

Subsec. (g). Pub. L. 91-579, Sec. 3(3), substituted definition of

''animal'' formerly contained in subsec. (h) for definition of

''dealer'' and in such definition of ''animal'' as thus transferred

inserted stipulation ''live or dead'' to the species already

covered, and inserted provisions to include such warm-blooded

animals as may be determined by the Secretary but to exclude

specific animals used for research, food and fiber, and the

improvement of animal breeding, nutrition, management, or

production efficiency. Definition of ''dealer'' transferred to

subsec. (f) and amended.

Subsec. (h). Pub. L. 91-579, Sec. 3(3), substituted definition of

''exhibitor'' for definition of ''animal''. Definition of

''animal'' transferred to subsec. (g) and amended.

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-198 effective one year after Dec. 23,

1985, see section 1759 of Pub. L. 99-198, set out as a note under

section 2131 of this title.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-579 effective one year after Dec. 24,

1970, see section 23 of Pub. L. 91-579, set out as a note under

section 2131 of this title.

REPORT ON RATS, MICE, AND BIRDS

Pub. L. 107-171, title X, Sec. 10304, May 13, 2002, 116 Stat.

492, provided that:

''(a) In General. - Not later than 1 year after the date of

enactment of this Act (May 13, 2002), the National Research Council

shall submit to the Committee on Agriculture of the House of

Representatives and the Committee on Agriculture, Nutrition, and

Forestry of the Senate, a report on the implications of including

rats, mice, and birds within the definition of animal under the

regulations promulgated under the Animal Welfare Act (7 U.S.C. 2131

et seq.).

''(b) Requirements. - The report under subsection (a) shall -

''(1) be completed with input, consultation, and

recommendations from -

''(A) the Secretary of Agriculture;

''(B) the Secretary of Health and Human Services; and

''(C) the Institute for Animal Laboratory Research within the

National Academy of Sciences;

''(2) contain an estimate of -

''(A) the number and types of entities that use rats, mice,

and birds for research purposes; and

''(B) which of the entities -

''(i) are subject to regulations of the Department of

Agriculture;

''(ii) are subject to regulations or guidelines of the

Department of Health and Human Services; or

''(iii) voluntarily comply with the accreditation

requirements of the Association for Assessment and

Accreditation of Laboratory Animal Care;

''(3) contain an estimate of the numbers of rats, mice, and

birds used in research facilities, with an indication of which of

the facilities -

''(A) are subject to regulations of the Department of

Agriculture;

''(B) are subject to regulations or guidelines of the

Department of Health and Human Services; or

''(C) voluntarily comply with the accreditation requirements

of the Association for Assessment and Accreditation of

Laboratory Animal Care;

''(4) contain an estimate of the additional costs likely to be

incurred by breeders and research facilities resulting from the

additional regulatory requirements needed in order to afford the

same level of protection to rats, mice, and birds as is provided

for species regulated by the Department of Agriculture, detailing

the costs associated with individual regulatory requirements;

''(5) contain recommendations for minimizing such costs,

including -

''(A) an estimate of the cost savings that would result from

providing a different level of protection to rats, mice, and

birds than is provided for species regulated by the Department

of Agriculture; and

''(B) an estimate of the cost savings that would result if

new regulatory requirements were substantially equivalent to,

and harmonized with, guidelines of the National Institutes of

Health;

''(6) contain an estimate of the additional funding that the

Animal and Plant Health Inspection Service would require to be

able to ensure that the level of compliance with respect to other

regulated animals is not diminished by the increase in the number

of facilities that would require inspections if a rule extending

the regulatory definition of animal to rats, mice, and birds were

to become effective; and

''(7) contain recommendations for -

''(A) minimizing the regulatory burden on facilities subject

to -

''(i) regulations of the Department of Agriculture;

''(ii) regulations or guidelines of the Department of

Health and Human Services; or

''(iii) accreditation requirements of the Association for

Assessment and Accreditation of Laboratory Animal Care; and

''(B) preventing any duplication of regulatory

requirements.''

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7 USC Sec. 2133 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 54 - TRANSPORTATION, SALE, AND HANDLING OF CERTAIN ANIMALS

-HEAD-

Sec. 2133. Licensing of dealers and exhibitors

-STATUTE-

The Secretary shall issue licenses to dealers and exhibitors upon

application therefor in such form and manner as he may prescribe

and upon payment of such fee established pursuant to 2153 of this

title: Provided, That no such license shall be issued until the

dealer or exhibitor shall have demonstrated that his facilities

comply with the standards promulgated by the Secretary pursuant to

section 2143 of this title: Provided, however, That any retail pet

store or other person who derives less than a substantial portion

of his income (as determined by the Secretary) from the breeding

and raising of dogs or cats on his own premises and sells any such

dog or cat to a dealer or research facility shall not be required

to obtain a license as a dealer or exhibitor under this chapter.

The Secretary is further authorized to license, as dealers or

exhibitors, persons who do not qualify as dealers or exhibitors

within the meaning of this chapter upon such persons' complying

with the requirements specified above and agreeing, in writing, to

comply with all the requirements of this chapter and the

regulations promulgated by the Secretary hereunder.

-SOURCE-

(Pub. L. 89-544, Sec. 3, Aug. 24, 1966, 80 Stat. 351; Pub. L.

91-579, Sec. 4, Dec. 24, 1970, 84 Stat. 1561.)

-MISC1-

AMENDMENTS

1970 - Pub. L. 91-579 inserted references to exhibitors and

retail pet stores.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-579 effective one year after Dec. 24,

1970, see section 23 of Pub. L. 91-579, set out as a note under

section 2131 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2136, 2137, 2138, 2139 of

this title.

-CITE-

7 USC Sec. 2134 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 54 - TRANSPORTATION, SALE, AND HANDLING OF CERTAIN ANIMALS

-HEAD-

Sec. 2134. Valid license for dealers and exhibitors required

-STATUTE-

No dealer or exhibitor shall sell or offer to sell or transport

or offer for transportation, in commerce, to any research facility

or for exhibition or for use as a pet any animal, or buy, sell,

offer to buy or sell, transport or offer for transportation, in

commerce, to or from another dealer or exhibitor under this chapter

any animals, unless and until such dealer or exhibitor shall have

obtained a license from the Secretary and such license shall not

have been suspended or revoked.

-SOURCE-

(Pub. L. 89-544, Sec. 4, Aug. 24, 1966, 80 Stat. 351; Pub. L.

91-579, Sec. 5, Dec. 24, 1970, 84 Stat. 1561; Pub. L. 94-279, Sec.

5, Apr. 22, 1976, 90 Stat. 418.)

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-279 substituted ''in commerce'' for ''affecting

commerce'' in two places.

1970 - Pub. L. 91-579 inserted references to exhibitors, offers

to sell, and offers to transport, and substituted references to

animals for references to dogs and cats.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-579 effective one year after Dec. 24,

1970, see section 23 of Pub. L. 91-579, set out as a note under

section 2131 of this title.

-CITE-

7 USC Sec. 2135 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 54 - TRANSPORTATION, SALE, AND HANDLING OF CERTAIN ANIMALS

-HEAD-

Sec. 2135. Time period for disposal of dogs or cats by dealers or

exhibitors

-STATUTE-

No dealer or exhibitor shall sell or otherwise dispose of any dog

or cat within a period of five business days after the acquisition

of such animal or within such other period as may be specified by

the Secretary: Provided, That operators of auction sales subject to

section 2142 of this title shall not be required to comply with the

provisions of this section.

-SOURCE-

(Pub. L. 89-544, Sec. 5, Aug. 24, 1966, 80 Stat. 351; Pub. L.

91-579, Sec. 6, Dec. 24, 1970, 84 Stat. 1561.)

-MISC1-

AMENDMENTS

1970 - Pub. L. 91-579 inserted references to exhibitors and

inserted proviso that operators of auction sales subject to section

2142 of this title shall not be required to comply with the

provisions of this section.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-579 effective one year after Dec. 24,

1970, see section 23 of Pub. L. 91-579, set out as a note under

section 2131 of this title.

-CITE-

7 USC Sec. 2136 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 54 - TRANSPORTATION, SALE, AND HANDLING OF CERTAIN ANIMALS

-HEAD-

Sec. 2136. Registration of research facilities, handlers, carriers

and unlicensed exhibitors

-STATUTE-

Every research facility, every intermediate handler, every

carrier, and every exhibitor not licensed under section 2133 of

this title shall register with the Secretary in accordance with

such rules and regulations as he may prescribe.

-SOURCE-

(Pub. L. 89-544, Sec. 6, Aug. 24, 1966, 80 Stat. 351; Pub. L.

91-579, Sec. 7, Dec. 24, 1970, 84 Stat. 1561; Pub. L. 94-279, Sec.

6, Apr. 22, 1976, 90 Stat. 418.)

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-279 inserted '', every intermediate handler,

every carrier,'' after ''research facility''.

1970 - Pub. L. 91-579 inserted reference to exhibitors not

licensed under section 2133 of this title.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-579 effective one year after Dec. 24,

1970, see section 23 of Pub. L. 91-579, set out as a note under

section 2131 of this title.

-CITE-

7 USC Sec. 2137 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 54 - TRANSPORTATION, SALE, AND HANDLING OF CERTAIN ANIMALS

-HEAD-

Sec. 2137. Purchase of dogs or cats by research facilities

prohibited except from authorized operators of auction sales

and licensed dealers or exhibitors

-STATUTE-

It shall be unlawful for any research facility to purchase any

dog or cat from any person except an operator of an auction sale

subject to section 2142 of this title or a person holding a valid

license as a dealer or exhibitor issued by the Secretary pursuant

to this chapter unless such person is exempted from obtaining such

license under section 2133 of this title.

-SOURCE-

(Pub. L. 89-544, Sec. 7, Aug. 24, 1966, 80 Stat. 351; Pub. L.

91-579, Sec. 8, Dec. 24, 1970, 84 Stat. 1561.)

-MISC1-

AMENDMENTS

1970 - Pub. L. 91-579 added licensed exhibitors and operators of

auction sales subject to section 2142 of this title to the

enumeration of persons from whom research facilities may purchase

dogs or cats.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-579 effective one year after Dec. 24,

1970, see section 23 of Pub. L. 91-579, set out as a note under

section 2131 of this title.

-CITE-

7 USC Sec. 2138 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 54 - TRANSPORTATION, SALE, AND HANDLING OF CERTAIN ANIMALS

-HEAD-

Sec. 2138. Purchase of dogs or cats by United States Government

facilities prohibited except from authorized operators of

auction sales and licensed dealers or exhibitors

-STATUTE-

No department, agency, or instrumentality of the United States

which uses animals for research or experimentation or exhibition

shall purchase or otherwise acquire any dog or cat for such

purposes from any person except an operator of an auction sale

subject to section 2142 of this title or a person holding a valid

license as a dealer or exhibitor issued by the Secretary pursuant

to this chapter unless such person is exempted from obtaining such

license under section 2133 of this title.

-SOURCE-

(Pub. L. 89-544, Sec. 8, Aug. 24, 1966, 80 Stat. 351; Pub. L.

91-579, Sec. 9, Dec. 24, 1970, 84 Stat. 1562.)

-MISC1-

AMENDMENTS

1970 - Pub. L. 91-579 inserted reference to instrumentalities of

the United States which use animals for exhibition and added

operators of auction sales subject to section 2142 of this title

and licensed exhibitors to the enumeration of persons from whom

United States Government facilities may acquire dogs or cats.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-579 effective one year after Dec. 24,

1970, see section 23 of Pub. L. 91-579, set out as a note under

section 2131 of this title.

-CITE-

7 USC Sec. 2139 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 54 - TRANSPORTATION, SALE, AND HANDLING OF CERTAIN ANIMALS

-HEAD-

Sec. 2139. Principal-agent relationship established

-STATUTE-

When construing or enforcing the provisions of this chapter, the

act, omission, or failure of any person acting for or employed by a

research facility, a dealer, or an exhibitor or a person licensed

as a dealer or an exhibitor pursuant to the second sentence of

section 2133 of this title, or an operator of an auction sale

subject to section 2142 of this title, or an intermediate handler,

or a carrier, within the scope of his employment or office, shall

be deemed the act, omission, or failure of such research facility,

dealer, exhibitor, licensee, operator of an auction sale,

intermediate handler, or carrier, as well as of such person.

-SOURCE-

(Pub. L. 89-544, Sec. 9, Aug. 24, 1966, 80 Stat. 351; Pub. L.

91-579, Sec. 10, Dec. 24, 1970, 84 Stat. 1562; Pub. L. 94-279, Sec.

7, Apr. 22, 1976, 90 Stat. 418.)

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-279 inserted ''or an intermediate handler, or a

carrier,'' after ''section 2142 of this title,'' and substituted

''operator of an auction sale, intermediate handler, or carrier, as

well as of such person.'' for ''or an operator of an auction sale

as well as of such person.'' after ''research facility, dealer,

exhibitor, licensee,''.

1970 - Pub. L. 91-579 inserted references to persons acting for

or employed by exhibitors, persons licensed as exhibitors, and

operators of auction sales subject to section 2142 of this title.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-579 effective one year after Dec. 24,

1970, see section 23 of Pub. L. 91-579, set out as a note under

section 2131 of this title.

-CITE-

7 USC Sec. 2140 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 54 - TRANSPORTATION, SALE, AND HANDLING OF CERTAIN ANIMALS

-HEAD-

Sec. 2140. Recordkeeping by dealers, exhibitors, research

facilities, intermediate handlers, and carriers

-STATUTE-

Dealers and exhibitors shall make and retain for such reasonable

period of time as the Secretary may prescribe, such records with

respect to the purchase, sale, transportation, identification, and

previous ownership of animals as the Secretary may prescribe.

Research facilities shall make and retain such records only with

respect to the purchase, sale, transportation, identification, and

previous ownership of live dogs and cats. At the request of the

Secretary, any regulatory agency of the Federal Government which

requires records to be maintained by intermediate handlers and

carriers with respect to the transportation, receiving, handling,

and delivery of animals on forms prescribed by the agency, shall

require there to be included in such forms, and intermediate

handlers and carriers shall include in such forms, such information

as the Secretary may require for the effective administration of

this chapter. Such information shall be retained for such

reasonable period of time as the Secretary may prescribe. If

regulatory agencies of the Federal Government do not prescribe

requirements for any such forms, intermediate handlers and carriers

shall make and retain for such reasonable period as the Secretary

may prescribe such records with respect to the transportation,

receiving, handling, and delivery of animals as the Secretary may

prescribe. Such records shall be made available at all reasonable

times for inspection and copying by the Secretary.

-SOURCE-

(Pub. L. 89-544, Sec. 10, Aug. 24, 1966, 80 Stat. 351; Pub. L.

91-579, Sec. 11, Dec. 24, 1970, 84 Stat. 1562; Pub. L. 94-279, Sec.

8, Apr. 22, 1976, 90 Stat. 418.)

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-279 struck out '', upon forms supplied by the

Secretary'' after ''ownership of animals as the Secretary may

prescribe'' and inserted provisions dealing with the records

required to be maintained by intermediate handlers and carriers

relating to the transportation, receiving, handling and delivery of

animals.

1970 - Pub. L. 91-579 extended recordkeeping requirements to

include exhibitors and to include animals, as defined, rather than

only dogs and cats, except that research facilities shall continue

to keep required records only for live dogs and cats.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-579 effective one year after Dec. 24,

1970, see section 23 of Pub. L. 91-579, set out as a note under

section 2131 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2143, 2146, 2154 of this

title.

-CITE-

7 USC Sec. 2141 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 54 - TRANSPORTATION, SALE, AND HANDLING OF CERTAIN ANIMALS

-HEAD-

Sec. 2141. Marking and identification of animals

-STATUTE-

All animals delivered for transportation, transported, purchased,

or sold, in commerce, by a dealer or exhibitor shall be marked or

identified at such time and in such humane manner as the Secretary

may prescribe: Provided, That only live dogs and cats need be so

marked or identified by a research facility.

-SOURCE-

(Pub. L. 89-544, Sec. 11, Aug. 24, 1966, 80 Stat. 351; Pub. L.

91-579, Sec. 12, Dec. 24, 1970, 84 Stat. 1562; Pub. L. 94-279, Sec.

5, Apr. 22, 1976, 90 Stat. 418.)

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-279 substituted ''in commerce'' for ''affecting

commerce''.

1970 - Pub. L. 91-579 applied marking and identification

requirements to dealers and exhibitors for animals, as defined,

instead of only to dogs and cats when movements are affecting

commerce, but limited such requirements for research facilities to

only live dogs and cats.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-579 effective one year after Dec. 24,

1970, see section 23 of Pub. L. 91-579, set out as a note under

section 2131 of this title.

-CITE-

7 USC Sec. 2142 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 54 - TRANSPORTATION, SALE, AND HANDLING OF CERTAIN ANIMALS

-HEAD-

Sec. 2142. Humane standards and recordkeeping requirements at

auction sales

-STATUTE-

The Secretary is authorized to promulgate humane standards and

recordkeeping requirements governing the purchase, handling, or

sale of animals, in commerce, by dealers, research facilities, and

exhibitors at auction sales and by the operators of such auction

sales. The Secretary is also authorized to require the licensing

of operators of auction sales where any dogs or cats are sold, in

commerce, under such conditions as he may prescribe, and upon

payment of such fee as prescribed by the Secretary under section

2153 of this title.

-SOURCE-

(Pub. L. 89-544, Sec. 12, Aug. 24, 1966, 80 Stat. 351; Pub. L.

91-579, Sec. 13, Dec. 24, 1970, 84 Stat. 1562; Pub. L. 94-279, Sec.

5, Apr. 22, 1976, 90 Stat. 418.)

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-279 substituted ''in commerce'' for ''affecting

commerce'' in two places.

1970 - Pub. L. 91-579 extended requirements for recordkeeping and

humane standards to exhibitors and operators of auction sales, with

such requirements to apply to animals as defined instead of only to

cats and dogs when transactions in auction sales are affecting

commerce, and required operators of auction sales to obtain a

license when he sells cats or dogs and such transactions are

affecting commerce, upon payment of fee prescribed by the

Secretary.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-579 effective one year after Dec. 24,

1970, see section 23 of Pub. L. 91-579, set out as a note under

section 2131 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2135, 2137, 2138, 2139,

2146, 2147, 2149 of this title.

-CITE-

7 USC Sec. 2143 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 54 - TRANSPORTATION, SALE, AND HANDLING OF CERTAIN ANIMALS

-HEAD-

Sec. 2143. Standards and certification process for humane handling,

care, treatment, and transportation of animals

-STATUTE-

(a) Promulgation of standards, rules, regulations, and orders;

requirements; research facilities; State authority

(1) The Secretary shall promulgate standards to govern the humane

handling, care, treatment, and transportation of animals by

dealers, research facilities, and exhibitors.

(2) The standards described in paragraph (1) shall include

minimum requirements -

(A) for handling, housing, feeding, watering, sanitation,

ventilation, shelter from extremes of weather and temperatures,

adequate veterinary care, and separation by species where the

Secretary finds necessary for humane handling, care, or treatment

of animals; and

(B) for exercise of dogs, as determined by an attending

veterinarian in accordance with general standards promulgated by

the Secretary, and for a physical environment adequate to promote

the psychological well-being of primates.

(3) In addition to the requirements under paragraph (2), the

standards described in paragraph (1) shall, with respect to animals

in research facilities, include requirements -

(A) for animal care, treatment, and practices in experimental

procedures to ensure that animal pain and distress are minimized,

including adequate veterinary care with the appropriate use of

anesthetic, analgesic, tranquilizing drugs, or euthanasia;

(B) that the principal investigator considers alternatives to

any procedure likely to produce pain to or distress in an

experimental animal;

(C) in any practice which could cause pain to animals -

(i) that a doctor of veterinary medicine is consulted in the

planning of such procedures;

(ii) for the use of tranquilizers, analgesics, and

anesthetics;

(iii) for pre-surgical and post-surgical care by laboratory

workers, in accordance with established veterinary medical and

nursing procedures;

(iv) against the use of paralytics without anesthesia; and

(v) that the withholding of tranquilizers, anesthesia,

analgesia, or euthanasia when scientifically necessary shall

continue for only the necessary period of time;

(D) that no animal is used in more than one major operative

experiment from which it is allowed to recover except in cases of

-

(i) scientific necessity; or

(ii) other special circumstances as determined by the

Secretary; and

(E) that exceptions to such standards may be made only when

specified by research protocol and that any such exception shall

be detailed and explained in a report outlined under paragraph

(7) and filed with the Institutional Animal Committee.

(4) The Secretary shall also promulgate standards to govern the

transportation in commerce, and the handling, care, and treatment

in connection therewith, by intermediate handlers, air carriers, or

other carriers, of animals consigned by any dealer, research

facility, exhibitor, operator of an auction sale, or other person,

or any department, agency, or instrumentality of the United States

or of any State or local government, for transportation in

commerce. The Secretary shall have authority to promulgate such

rules and regulations as he determines necessary to assure humane

treatment of animals in the course of their transportation in

commerce including requirements such as those with respect to

containers, feed, water, rest, ventilation, temperature, and

handling.

(5) In promulgating and enforcing standards established pursuant

to this section, the Secretary is authorized and directed to

consult experts, including outside consultants where indicated.

(6)(A) Nothing in this chapter -

(i) except as provided in paragraphs (FOOTNOTE 1) (7) of this

subsection, shall be construed as authorizing the Secretary to

promulgate rules, regulations, or orders with regard to the

design, outlines, or guidelines of actual research or

experimentation by a research facility as determined by such

research facility;

(FOOTNOTE 1) So in original. Probably should be ''paragraph''.

(ii) except as provided (FOOTNOTE 2) subparagraphs (A) and

(C)(ii) through (v) of paragraph (3) and paragraph (7) of this

subsection, shall be construed as authorizing the Secretary to

promulgate rules, regulations, or orders with regard to the

performance of actual research or experimentation by a research

facility as determined by such research facility; and

(FOOTNOTE 2) So in original. Probably should be followed by

''in''.

(iii) shall authorize the Secretary, during inspection, to

interrupt the conduct of actual research or experimentation.

(B) No rule, regulation, order, or part of this chapter shall be

construed to require a research facility to disclose publicly or to

the Institutional Animal Committee during its inspection, trade

secrets or commercial or financial information which is privileged

or confidential.

(7)(A) The Secretary shall require each research facility to show

upon inspection, and to report at least annually, that the

provisions of this chapter are being followed and that

professionally acceptable standards governing the care, treatment,

and use of animals are being followed by the research facility

during actual research or experimentation.

(B) In complying with subparagraph (A), such research facilities

shall provide -

(i) information on procedures likely to produce pain or

distress in any animal and assurances demonstrating that the

principal investigator considered alternatives to those

procedures;

(ii) assurances satisfactory to the Secretary that such

facility is adhering to the standards described in this section;

and

(iii) an explanation for any deviation from the standards

promulgated under this section.

(8) Paragraph (1) shall not prohibit any State (or a political

subdivision of such State) from promulgating standards in addition

to those standards promulgated by the Secretary under paragraph

(1).

(b) Research facility Committee; establishment, membership,

functions, etc.

(1) The Secretary shall require that each research facility

establish at least one Committee. Each Committee shall be appointed

by the chief executive officer of each such research facility and

shall be composed of not fewer than three members. Such members

shall possess sufficient ability to assess animal care, treatment,

and practices in experimental research as determined by the needs

of the research facility and shall represent society's concerns

regarding the welfare of animal subjects used at such facility. Of

the members of the Committee -

(A) at least one member shall be a doctor of veterinary

medicine;

(B) at least one member -

(i) shall not be affiliated in any way with such facility

other than as a member of the Committee;

(ii) shall not be a member of the immediate family of a

person who is affiliated with such facility; and

(iii) is intended to provide representation for general

community interests in the proper care and treatment of

animals; and

(C) in those cases where the Committee consists of more than

three members, not more than three members shall be from the same

administrative unit of such facility.

(2) A quorum shall be required for all formal actions of the

Committee, including inspections under paragraph (3).

(3) The Committee shall inspect at least semiannually all animal

study areas and animal facilities of such research facility and

review as part of the inspection -

(A) practices involving pain to animals, and

(B) the condition of animals,

to ensure compliance with the provisions of this chapter to

minimize pain and distress to animals. Exceptions to the

requirement of inspection of such study areas may be made by the

Secretary if animals are studied in their natural environment and

the study area is prohibitive to easy access.

(4)(A) The Committee shall file an inspection certification

report of each inspection at the research facility. Such report

shall -

(i) be signed by a majority of the Committee members involved

in the inspection;

(ii) include reports of any violation of the standards

promulgated, or assurances required, by the Secretary, including

any deficient conditions of animal care or treatment, any

deviations of research practices from originally approved

proposals that adversely affect animal welfare, any notification

to the facility regarding such conditions, and any corrections

made thereafter;

(iii) include any minority views of the Committee; and

(iv) include any other information pertinent to the activities

of the Committee.

(B) Such report shall remain on file for at least three years at

the research facility and shall be available for inspection by the

Animal and Plant Health Inspection Service and any funding Federal

agency.

(C) In order to give the research facility an opportunity to

correct any deficiencies or deviations discovered by reason of

paragraph (3), the Committee shall notify the administrative

representative of the research facility of any deficiencies or

deviations from the provisions of this chapter. If, after

notification and an opportunity for correction, such deficiencies

or deviations remain uncorrected, the Committee shall notify (in

writing) the Animal and Plant Health Inspection Service and the

funding Federal agency of such deficiencies or deviations.

(5) The inspection results shall be available to Department of

Agriculture inspectors for review during inspections. Department

of Agriculture inspectors shall forward any Committee inspection

records which include reports of uncorrected deficiencies or

deviations to the Animal and Plant Health Inspection Service and

any funding Federal agency of the project with respect to which

such uncorrected deficiencies and deviations occurred.

(c) Federal research facilities; establishment, composition, and

responsibilities of Federal Committee

In the case of Federal research facilities, a Federal Committee

shall be established and shall have the same composition and

responsibilities provided in subsection (b) of this section, except

that the Federal Committee shall report deficiencies or deviations

to the head of the Federal agency conducting the research rather

than to the Animal and Plant Health Inspection Service. The head of

the Federal agency conducting the research shall be responsible for

-

(1) all corrective action to be taken at the facility; and

(2) the granting of all exceptions to inspection protocol.

(d) Training of scientists, animal technicians, and other personnel

involved with animal care and treatment at research facilities

Each research facility shall provide for the training of

scientists, animal technicians, and other personnel involved with

animal care and treatment in such facility as required by the

Secretary. Such training shall include instruction on -

(1) the humane practice of animal maintenance and

experimentation;

(2) research or testing methods that minimize or eliminate the

use of animals or limit animal pain or distress;

(3) utilization of the information service at the National

Agricultural Library, established under subsection (e) of this

section; and

(4) methods whereby deficiencies in animal care and treatment

should be reported.

(e) Establishment of information service at National Agricultural

Library; service functions

The Secretary shall establish an information service at the

National Agricultural Library. Such service shall, in cooperation

with the National Library of Medicine, provide information -

(1) pertinent to employee training;

(2) which could prevent unintended duplication of animal

experimentation as determined by the needs of the research

facility; and

(3) on improved methods of animal experimentation, including

methods which could -

(A) reduce or replace animal use; and

(B) minimize pain and distress to animals, such as anesthetic

and analgesic procedures.

(f) (FOOTNOTE 3) Suspension or revocation of Federal support for

research projects; prerequisites; appeal procedure

(FOOTNOTE 3) So in original. Two subsecs. (f) have been

enacted.

In any case in which a Federal agency funding a research project

determines that conditions of animal care, treatment, or practice

in a particular project have not been in compliance with standards

promulgated under this chapter, despite notification by the

Secretary or such Federal agency to the research facility and an

opportunity for correction, such agency shall suspend or revoke

Federal support for the project. Any research facility losing

Federal support as a result of actions taken under the preceding

sentence shall have the right of appeal as provided in sections 701

through 706 of title 5.

(f) (FOOTNOTE 3) Veterinary certificate; contents; exceptions

No dogs or cats, or additional kinds or classes of animals

designated by regulation of the Secretary, shall be delivered by

any dealer, research facility, exhibitor, operator of an auction

sale, or department, agency, or instrumentality of the United

States or of any State or local government, to any intermediate

handler or carrier for transportation in commerce, or received by

any such handler or carrier for such transportation from any such

person, department, agency, or instrumentality, unless the animal

is accompanied by a certificate issued by a veterinarian licensed

to practice veterinary medicine, certifying that he inspected the

animal on a specified date, which shall not be more than ten days

before such delivery, and, when so inspected, the animal appeared

free of any infectious disease or physical abnormality which would

endanger the animal or animals or other animals or endanger public

health: Provided, however, That the Secretary may by regulation

provide exceptions to this certification requirement, under such

conditions as he may prescribe in the regulations, for animals

shipped to research facilities for purposes of research, testing or

experimentation requiring animals not eligible for such

certification. Such certificates received by the intermediate

handlers and the carriers shall be retained by them, as provided by

regulations of the Secretary, in accordance with section 2140 of

this title.

(g) Age of animals delivered to registered research facilities;

power of Secretary to designate additional classes of animals

and age limits

No dogs or cats, or additional kinds or classes of animals

designated by regulation of the Secretary, shall be delivered by

any person to any intermediate handler or carrier for

transportation in commerce except to registered research facilities

if they are less than such age as the Secretary may by regulation

prescribe. The Secretary shall designate additional kinds and

classes of animals and may prescribe different ages for particular

kinds or classes of dogs, cats, or designated animals, for the

purposes of this section, when he determines that such action is

necessary or adequate to assure their humane treatment in

connection with their transportation in commerce.

(h) Prohibition of C.O.D. arrangements for transportation of

animals in commerce; exceptions

No intermediate handler or carrier involved in the transportation

of any animal in commerce shall participate in any arrangement or

engage in any practice under which the cost of such animal or the

cost of the transportation of such animal is to be paid and

collected upon delivery of the animal to the consignee, unless the

consignor guarantees in writing the payment of transportation

charges for any animal not claimed within a period of 48 hours

after notice to the consignee of arrival of the animal, including,

where necessary, both the return transportation charges and an

amount sufficient to reimburse the carrier for all out-of-pocket

expenses incurred for the care, feeding, and storage of such

animals.

-SOURCE-

(Pub. L. 89-544, Sec. 13, Aug. 24, 1966, 80 Stat. 352; Pub. L.

91-579, Sec. 14, Dec. 24, 1970, 84 Stat. 1562; Pub. L. 94-279, Sec.

9, 10, Apr. 22, 1976, 90 Stat. 418, 419; Pub. L. 99-198, title

XVII, Sec. 1752, Dec. 23, 1985, 99 Stat. 1645.)

-MISC1-

AMENDMENTS

1985 - Subsec. (a)(1) to (3). Pub. L. 99-198, Sec. 1752(a)(2),

substituted pars. (1) to (3) for first two sentences of subsec. (a)

which read as follows: ''The Secretary shall promulgate standards

to govern the humane handling, care, treatment, and transportation

of animals by dealers, research facilities, and exhibitors. Such

standards shall include minimum requirements with respect to

handling, housing, feeding, watering, sanitation, ventilation,

shelter from extremes of weather and temperatures, adequate

veterinary care, including the appropriate use of anesthetic,

analgesic or tranquilizing drugs, when such use would be proper in

the opinion of the attending veterinarian of such research

facilities, and separation by species when the Secretary finds such

separation necessary for the humane handling, care, or treatment of

animals.''

Subsec. (a)(4) to (8). Pub. L. 99-198, Sec. 1752(b), designated

third and fourth sentences of subsec. (a) as par. (4), designated

fifth sentence of subsec. (a) as par. (5), and substituted pars.

(6) to (8) for last sentence of subsec. (a) which read as follows:

''Nothing in this chapter shall be construed as authorizing the

Secretary to promulgate rules, regulations, or orders with regard

to design, outlines, guidelines, or performance of actual research

or experimentation by a research facility as determined by such

research facility: Provided, That the Secretary shall require, at

least annually, every research facility to show that professionally

acceptable standards governing the care, treatment, and use of

animals, including appropriate use of anesthetic, analgesic, and

tranquilizing drugs, during experimentation are being followed by

the research facility during actual research or experimentation.''

Subsecs. (b) to (h). Pub. L. 99-198, Sec. 1752(a)(1), (c), added

subsecs. (b) to (f) and redesignated existing subsecs. (b) to (d)

as (f) to (h), respectively.

1976 - Subsec. (a). Pub. L. 94-279, Sec. 9, designated existing

provisions as subsec. (a) and inserted provisions authorizing

Secretary to promulgate standards, rules and regulations relating

to the transportation in commerce, handling, care, and treatment of

animals covered under this chapter.

Subsecs. (b) to (d). Pub. L. 94-279, Sec. 10, added subsecs. (b)

to (d).

1970 - Pub. L. 91-579 added exhibitors to the enumeration of

persons to be governed by promulgated standards, added handling to

the enumeration of activities covered, expanded existing standard

for adequate veterinary care to include the appropriate use of

anesthetic, analgesic, or tranquilizing drugs by research

facilities when the use of such drugs is considered proper in the

opinion of the attending veterinarian at such research facility,

directed the Secretary to consult outside consultants and experts

in promulgating standards, and inserted requirement of an annual

report.

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-198 effective one year after Dec. 23,

1985, see section 1759 of Pub. L. 99-198, set out as a note under

section 2131 of this title.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-579 effective one year after Dec. 24,

1970, see section 23 of Pub. L. 91-579, set out as a note under

section 2131 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2132, 2133, 2144, 2145,

2154 of this title.

-CITE-

7 USC Sec. 2144 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 54 - TRANSPORTATION, SALE, AND HANDLING OF CERTAIN ANIMALS

-HEAD-

Sec. 2144. Humane standards for animals by United States Government

facilities

-STATUTE-

Any department, agency, or instrumentality of the United States

having laboratory animal facilities shall comply with the standards

and other requirements promulgated by the Secretary for a research

facility under sections (FOOTNOTE 1) 2143(a), (f), (g), and (h) of

this title. Any department, agency, or instrumentality of the

United States exhibiting animals shall comply with the standards

promulgated by the Secretary under sections (FOOTNOTE 1) 2143(a),

(f), (g), and (h) of this title.

(FOOTNOTE 1) So in original. Probably should be ''section''.

-SOURCE-

(Pub. L. 89-544, Sec. 14, Aug. 24, 1966, 80 Stat. 352; Pub. L.

91-579, Sec. 15, Dec. 24, 1970, 84 Stat. 1563; Pub. L. 94-279, Sec.

19, Apr. 22, 1976, 90 Stat. 423; Pub. L. 99-198, title XVII, Sec.

1758, Dec. 23, 1985, 99 Stat. 1650.)

-MISC1-

AMENDMENTS

1985 - Pub. L. 99-198 substituted ''sections 2143(a), (f), (g),

and (h) of this title'' for ''section 2143 of this title'' in two

places.

1976 - Pub. L. 94-279 inserted ''and other requirements'' after

''standards'' in first sentence.

1970 - Pub. L. 91-579 inserted provisions requiring facilities of

the United States exhibiting animals to comply with standards

promulgated by Secretary under section 2143 of this title.

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-198 effective one year after Dec. 23,

1985, see section 1759 of Pub. L. 99-198, set out as a note under

section 2131 of this title.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-579 effective one year after Dec. 24,

1970, see section 23 of Pub. L. 91-579, set out as a note under

section 2131 of this title.

-CITE-

7 USC Sec. 2145 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 54 - TRANSPORTATION, SALE, AND HANDLING OF CERTAIN ANIMALS

-HEAD-

Sec. 2145. Consultation and cooperation with Federal, State, and

local governmental bodies by Secretary of Agriculture

-STATUTE-

(a) The Secretary shall consult and cooperate with other Federal

departments, agencies, or instrumentalities concerned with the

welfare of animals used for research, experimentation or

exhibition, or administration of statutes regulating the

transportation in commerce or handling in connection therewith of

any animals when establishing standards pursuant to section 2143 of

this title and in carrying out the purposes of this chapter. The

Secretary shall consult with the Secretary of Health and Human

Services prior to issuance of regulations. Before promulgating any

standard governing the air transportation and handling in

connection therewith, of animals, the Secretary shall consult with

the Secretary of Transportation who shall have the authority to

disapprove any such standard if he notifies the Secretary, within

30 days after such consultation, that changes in its provisions are

necessary in the interest of flight safety. The Surface

Transportation Board, the Secretary of Transportation, and the

Federal Maritime Commission, to the extent of their respective

lawful authorities, shall take such action as is appropriate to

implement any standard established by the Secretary with respect to

a person subject to regulation by it.

(b) The Secretary is authorized to cooperate with the officials

of the various States or political subdivisions thereof in carrying

out the purposes of this chapter and of any State, local, or

municipal legislation or ordinance on the same subject.

-SOURCE-

(Pub. L. 89-544, Sec. 15, Aug. 24, 1966, 80 Stat. 352; Pub. L.

91-579, Sec. 16, Dec. 24, 1970, 84 Stat. 1563; Pub. L. 94-279, Sec.

11, Apr. 22, 1976, 90 Stat. 419; Pub. L. 98-443, Sec. 9(i), Oct. 4,

1984, 98 Stat. 1708; Pub. L. 99-198, title XVII, Sec. 1757, Dec.

23, 1985, 99 Stat. 1650; Pub. L. 104-88, title III, Sec. 312, Dec.

29, 1995, 109 Stat. 948.)

-MISC1-

AMENDMENTS

1995 - Subsec. (a). Pub. L. 104-88 substituted ''Surface

Transportation Board'' for ''Interstate Commerce Commission'' in

last sentence.

1985 - Subsec. (a). Pub. L. 99-198 inserted provision requiring

that the Secretary consult with the Secretary of Health and Human

Services prior to the issuance of regulations.

1984 - Subsec. (a). Pub. L. 98-443 substituted ''the Secretary of

Transportation'' for ''the Civil Aeronautics Board''.

1976 - Subsec. (a). Pub. L. 94-279 inserted '', or administration

of statutes regulating the transportation in commerce or handling

in connection therewith of any animals'' after ''exhibition'', and

inserted provisions requiring the Secretary, prior to promulgating

standards governing air transportation of animals in commerce, to

consult with the specified Federal agencies concerned.

1970 - Subsec. (a). Pub. L. 91-579, Sec. 16(1), inserted

reference to exhibition of animals.

Subsec. (b). Pub. L. 91-579, Sec. 16(2), substituted ''carrying

out'' for ''effectuating''.

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2

of Pub. L. 104-88, set out as an Effective Date note under section

701 of Title 49, Transportation.

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-198 effective one year after Dec. 23,

1985, see section 1759 of Pub. L. 99-198, set out as a note under

section 2131 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-443 effective Jan. 1, 1985, see section

9(v) of Pub. L. 98-443, set out as a note under section 5314 of

Title 5, Government Organization and Employees.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-579 effective one year after Dec. 24,

1970, see section 23 of Pub. L. 91-579, set out as a note under

section 2131 of this title.

-CITE-

7 USC Sec. 2146 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 54 - TRANSPORTATION, SALE, AND HANDLING OF CERTAIN ANIMALS

-HEAD-

Sec. 2146. Administration and enforcement by Secretary

-STATUTE-

(a) Investigations and inspections

The Secretary shall make such investigations or inspections as he

deems necessary to determine whether any dealer, exhibitor,

intermediate handler, carrier, research facility, or operator of an

auction sale subject to section 2142 of this title, has violated or

is violating any provision of this chapter or any regulation or

standard issued thereunder, and for such purposes, the Secretary

shall, at all reasonable times, have access to the places of

business and the facilities, animals, and those records required to

be kept pursuant to section 2140 of this title of any such dealer,

exhibitor, intermediate handler, carrier, research facility, or

operator of an auction sale. The Secretary shall inspect each

research facility at least once each year and, in the case of

deficiencies or deviations from the standards promulgated under

this chapter, shall conduct such follow-up inspections as may be

necessary until all deficiencies or deviations from such standards

are corrected. The Secretary shall promulgate such rules and

regulations as he deems necessary to permit inspectors to

confiscate or destroy in a humane manner any animal found to be

suffering as a result of a failure to comply with any provision of

this chapter or any regulation or standard issued thereunder if (1)

such animal is held by a dealer, (2) such animal is held by an

exhibitor, (3) such animal is held by a research facility and is no

longer required by such research facility to carry out the

research, test, or experiment for which such animal has been

utilized, (4) such animal is held by an operator of an auction

sale, or (5) such animal is held by an intermediate handler or a

carrier.

(b) Penalties for interfering with official duties

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

punished as provided under sections 1111 and 1114 of title 18.

(c) Procedures

For the efficient administration and enforcement of this chapter

and the regulations and standards promulgated under this chapter,

the provisions (including penalties) of sections 46, 48, 49 and 50

of title 15 (except paragraph (c) through (h) of section 46 and the

last paragraph of section 49 (FOOTNOTE 1) of title 15), and the

provisions of Title II of the Organized Crime Control Act of 1970,

are made applicable to the jurisdiction, powers, and duties of the

Secretary in administering and enforcing the provisions of this

chapter and to any person, firm, or corporation with respect to

whom such authority is exercised. The Secretary may prosecute any

inquiry necessary to his duties under this chapter in any part of

the United States, including any territory, or possession thereof,

the District of Columbia, or the Commonwealth of Puerto Rico. The

powers conferred by said sections 49 and 50 of title 15 on the

district courts of the United States may be exercised for the

purposes of this chapter by any district court of the United

States. 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 section 2149(c) of this title.

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(Pub. L. 89-544, Sec. 16, Aug. 24, 1966, 80 Stat. 352; Pub. L.

91-579, Sec. 17, Dec. 24, 1970, 84 Stat. 1563; Pub. L. 94-279, Sec.

12, Apr. 22, 1976, 90 Stat. 420; Pub. L. 99-198, title XVII, Sec.

1753, Dec. 23, 1985, 99 Stat. 1649; Pub. L. 101-624, title XXV,

Sec. 2503(1), Nov. 28, 1990, 104 Stat. 4066.)

-REFTEXT-

REFERENCES IN TEXT

The last paragraph of section 49 of title 15, referred to in

subsec. (c), which related to immunity of witnesses, was repealed

by section 211 of Pub. L. 91-452, Oct. 15, 1970, title II, 84 Stat.

929. For provisions relating to immunity of witnesses, see section

6001 et seq. of Title 18, Crimes and Criminal Procedure.

Title II of the Organized Crime Control Act of 1970, referred to

in subsec. (c), is title II of Pub. L. 91-452, Oct. 15, 1970, 84

Stat. 926, as amended, which created a general Federal immunity

statute set out in section 6001 et seq. of Title 18, and repealed

the individual immunity provisions formerly contained in various

Federal regulatory schemes.

-MISC2-

AMENDMENTS

1990 - Subsec. (c). Pub. L. 101-624 inserted ''and the

regulations and standards promulgated under this chapter'' after

first reference to ''this chapter''.

1985 - Subsec. (a). Pub. L. 99-198 inserted provision directing

Secretary to inspect each research facility at least once each year

and, in case of deficiencies or deviations from standards

promulgated under this chapter, conduct such follow-up inspections

as may be necessary until all deficiencies or deviations from such

standards are corrected.

1976 - Subsec. (a). Pub. L. 94-279, Sec. 12(a), inserted

''intermediate handler, carrier,'' after ''dealer, exhibitor,'' and

inserted ''or (5) such animal is held by an intermediate handler or

a carrier'' after ''an auction sale''.

Subsec. (c). Pub. L. 94-279, Sec. 12(b), substituted ''section

2149(c)'' for ''sections 2149(b) and 2150(b)'' after ''except as

provided in''.

1970 - Pub. L. 91-579 designated existing provisions as subsec.

(a), expanded coverage to include exhibitors and operators of

auction sales for purposes of investigation, inserted provisions

requiring that records, facilities, and animals be accessible to

inspectors at all reasonable times at premises of dealers, research

facilities, exhibitors, and operators of auction sales, and added

subsecs. (b) and (c).

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-198 effective one year after Dec. 23,

1985, see section 1759 of Pub. L. 99-198, set out as a note under

section 2131 of this title.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-579 effective 30 days after Dec. 24,

1970, see section 23 of Pub. L. 91-579, set out as a note under

section 2131 of this title.

-CITE-

7 USC Sec. 2147 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 54 - TRANSPORTATION, SALE, AND HANDLING OF CERTAIN ANIMALS

-HEAD-

Sec. 2147. Inspection by legally constituted law enforcement

agencies

-STATUTE-

The Secretary shall promulgate rules and regulations requiring

dealers, exhibitors, research facilities, and operators of auction

sales subject to section 2142 of this title to permit inspection of

their animals and records at reasonable hours upon request by

legally constituted law enforcement agencies in search of lost

animals.

-SOURCE-

(Pub. L. 89-544, Sec. 17, Aug. 24, 1966, 80 Stat. 352; Pub. L.

91-579, Sec. 18, Dec. 24, 1970, 84 Stat. 1564.)

-MISC1-

AMENDMENTS

1970 - Pub. L. 91-579 substituted ''promulgate rules and

regulations requiring dealers, exhibitors, research facilities, and

operators of auction sales subject to section 2142 of this title''

for ''issue rules and regulations requiring licensed dealers and

research facilities''.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-579 effective 30 days after Dec. 24,

1970, see section 23 of Pub. L. 91-579, set out as a note under

section 2131 of this title.

-CITE-

7 USC Sec. 2148 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 54 - TRANSPORTATION, SALE, AND HANDLING OF CERTAIN ANIMALS

-HEAD-

Sec. 2148. Repealed. Pub. L. 91-579, Sec. 19, Dec. 24, 1970, 84

Stat. 1564

-MISC1-

Section, Pub. L. 89-544, Sec. 18, Aug. 24, 1966, 80 Stat. 352,

prohibited any construction of the chapter which would authorize

the Secretary to promulgate rules, regulations, or orders for the

handling, care, treatment, or inspection of animals during actual

research or experimentation. See section 2143 of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective one year after Dec. 24, 1970, see section 23 of

Pub. L. 91-579, set out as a note under section 2131 of this title.

-CITE-

7 USC Sec. 2149 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 54 - TRANSPORTATION, SALE, AND HANDLING OF CERTAIN ANIMALS

-HEAD-

Sec. 2149. Violations by licensees

-STATUTE-

(a) Temporary license suspension; notice and hearing; revocation

If the Secretary has reason to believe that any person licensed

as a dealer, exhibitor, or operator of an auction sale subject to

section 2142 of this title, has violated or is violating any

provision of this chapter, or any of the rules or regulations or

standards promulgated by the Secretary hereunder, he may suspend

such person's license temporarily, but not to exceed 21 days, and

after notice and opportunity for hearing, may suspend for such

additional period as he may specify, or revoke such license, if

such violation is determined to have occurred.

(b) Civil penalties for violation of any section, etc.; separate

offenses; notice and hearing; appeal; considerations in

assessing penalty; compromise of penalty; civil action by

Attorney General for failure to pay penalty; district court

jurisdiction; failure to obey cease and desist order

Any dealer, exhibitor, research facility, intermediate handler,

carrier, or operator of an auction sale subject to section 2142 of

this title, that violates any provision of this chapter, or any

rule, regulation, or standard promulgated by the Secretary

thereunder, may be assessed a civil penalty by the Secretary of not

more than $2,500 for each such violation, and the Secretary may

also make an order that such person shall cease and desist from

continuing such violation. Each violation and each day during

which a violation continues shall be a separate offense. No

penalty shall be assessed or cease and desist order issued unless

such person is given notice and opportunity for a hearing with

respect to the alleged violation, and the order of the Secretary

assessing a penalty and making a cease and desist order shall be

final and conclusive unless the affected person files an appeal

from the Secretary's order with the appropriate United States Court

of Appeals. The Secretary shall give due consideration to the

appropriateness of the penalty with respect to the size of the

business of the person involved, the gravity of the violation, the

person's good faith, and the history of previous violations. Any

such civil penalty may be compromised by the Secretary. Upon any

failure to pay the penalty assessed by a final order under this

section, the Secretary shall request the Attorney General to

institute a civil action in a district court of the United States

or other United States court for any district in which such person

is found or resides or transacts business, to collect the penalty,

and such court shall have jurisdiction to hear and decide any such

action. Any person who knowingly fails to obey a cease and desist

order made by the Secretary under this section shall be subject to

a civil penalty of $1,500 for each offense, and each day during

which such failure continues shall be deemed a separate offense.

(c) Appeal of final order by aggrieved person; limitations;

exclusive jurisdiction of United States Courts of Appeals

Any dealer, exhibitor, research facility, intermediate handler,

carrier, or operator of an auction sale subject to section 2142 of

this title, aggrieved by a final order of the Secretary issued

pursuant to this section may, within 60 days after entry of such an

order, seek review of such order in the appropriate United States

Court of Appeals in accordance with the provisions of sections

2341, 2343 through 2350 of title 28, and such court shall have

exclusive jurisdiction to enjoin, set aside, suspend (in whole or

in part), or to determine the validity of the Secretary's order.

(d) Criminal penalties for violation; initial prosecution brought

before United States magistrate judges; conduct of prosecution

by attorneys of United States Department of Agriculture

Any dealer, exhibitor, or operator of an auction sale subject to

section 2142 of this title, who knowingly violates any provision of

this chapter shall, on conviction thereof, be subject to

imprisonment for not more than 1 year, or a fine of not more than

$2,500, or both. Prosecution of such violations shall, to the

maximum extent practicable, be brought initially before United

States magistrate judges as provided in section 636 of title 28,

and sections 3401 and 3402 of title 18, and, with the consent of

the Attorney General, may be conducted, at both trial and upon

appeal to district court, by attorneys of the United States

Department of Agriculture.

-SOURCE-

(Pub. L. 89-544, Sec. 19, Aug. 24, 1966, 80 Stat. 352; Pub. L.

91-579, Sec. 20, Dec. 24, 1970, 84 Stat. 1564; Pub. L. 94-279, Sec.

13, Apr. 22, 1976, 90 Stat. 420; Pub. L. 99-198, title XVII, Sec.

1755, Dec. 23, 1985, 99 Stat. 1650; Pub. L. 101-650, title III,

Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)

-MISC1-

AMENDMENTS

1985 - Subsec. (b). Pub. L. 99-198, Sec. 1755(a), substituted

''$2,500 for each such violation'' for ''$1,000 for each such

violation'' in first sentence and directed the substitution of

''$1,500 for each offense'' for ''$500 for each offense'' in sixth

sentence, which was executed to the seventh sentence as the

probable intent of Congress.

Subsec. (d). Pub. L. 99-198, Sec. 1755(b), substituted ''$2,500''

for ''$1,000''.

1976 - Subsec. (a). Pub. L. 94-279 substituted provisions

covering violations by licensees, temporary license suspension,

notice and hearing, and license revocation for provisions relating

to violations by dealers, exhibitors, operators of auction sales,

cease and desist orders, license suspension, and civil penalties.

Subsec. (b). Pub. L. 94-279 substituted provisions covering civil

penalties, notice and hearing, appeal, considerations in assessing

penalties, compromising penalties, civil action by Attorney General

for failure to pay penalty, district court jurisdiction, and

failure to obey cease and desist orders for provisions relating to

judicial review of final orders by the Secretary.

Subsec. (c). Pub. L. 94-279 substituted provisions covering

appeal of final orders by aggrieved persons, limitations, and

exclusive jurisdiction of the United States Courts of Appeals for

provisions relating to criminal penalties.

Subsec. (d). Pub. L. 94-279 added subsec. (d).

1970 - Pub. L. 91-579 added exhibitors and operators of auction

sales to the enumeration of covered persons, added civil penalties

for failure to obey a cease and desist order of the Secretary, and

changed the procedure for judicial review.

-CHANGE-

CHANGE OF NAME

''United States magistrate judges'' substituted for ''United

States magistrates'' in subsec. (d) pursuant to section 321 of Pub.

L. 101-650, set out as a note under section 631 of Title 28,

Judiciary and Judicial Procedure.

-MISC4-

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-198 effective one year after Dec. 23,

1985, see section 1759 of Pub. L. 99-198, set out as a note under

section 2131 of this title.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-579 effective 30 days after Dec. 24,

1970, see section 23 of Pub. L. 91-579, set out as a note under

section 2131 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2146, 2158, 2159 of this

title.

-CITE-

7 USC Sec. 2150 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 54 - TRANSPORTATION, SALE, AND HANDLING OF CERTAIN ANIMALS

-HEAD-

Sec. 2150. Repealed. Pub. L. 94-279, Sec. 14, Apr. 22, 1976, 90

Stat. 421

-MISC1-

Section, Pub. L. 89-544, Sec. 20, Aug. 24, 1966, 80 Stat. 353;

Pub. L. 91-579, Sec. 21, Dec. 24, 1970, 84 Stat. 1565, provided for

issuance of cease and desist orders if Secretary had reason to

believe that any research facility had violated any provision of

this chapter, provided for a civil penalty, and provided appeal

mechanism by which aggrieved person may have judicial review of

such final order by Secretary. See section 2149 of this title.

-CITE-

7 USC Sec. 2151 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 54 - TRANSPORTATION, SALE, AND HANDLING OF CERTAIN ANIMALS

-HEAD-

Sec. 2151. Rules and regulations

-STATUTE-

The Secretary is authorized to promulgate such rules,

regulations, and orders as he may deem necessary in order to

effectuate the purposes of this chapter.

-SOURCE-

(Pub. L. 89-544, Sec. 21, Aug. 24, 1966, 80 Stat. 353.)

-CITE-

7 USC Sec. 2152 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 54 - TRANSPORTATION, SALE, AND HANDLING OF CERTAIN ANIMALS

-HEAD-

Sec. 2152. Separability

-STATUTE-

If any provision of this chapter or the application of any such

provision to any person or circumstances shall be held invalid, the

remainder of this chapter and the application of any such provision

to persons or circumstances other than those as to which it is held

invalid shall not be affected thereby.

-SOURCE-

(Pub. L. 89-544, Sec. 22, Aug. 24, 1966, 80 Stat. 353.)

-CITE-

7 USC Sec. 2153 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 54 - TRANSPORTATION, SALE, AND HANDLING OF CERTAIN ANIMALS

-HEAD-

Sec. 2153. Fees and authorization of appropriations

-STATUTE-

The Secretary shall charge, assess, and cause to be collected

reasonable fees for licenses issued. Such fees shall be adjusted

on an equitable basis taking into consideration the type and nature

of the operations to be licensed and shall be deposited and covered

into the Treasury as miscellaneous receipts. There are hereby

authorized to be appropriated such funds as Congress may from time

to time provide: Provided, That there is authorized to be

appropriated to the Secretary of Agriculture for enforcement by the

Department of Agriculture of the provisions of section 2156 of this

title an amount not to exceed $100,000 for the transition quarter

ending September 30, 1976, and not to exceed $400,000 for each

fiscal year thereafter.

-SOURCE-

(Pub. L. 89-544, Sec. 23, Aug. 24, 1966, 80 Stat. 353; Pub. L.

94-279, Sec. 18, Apr. 22, 1976, 90 Stat. 423.)

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-279 authorized appropriations for the

enforcement of section 2156 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2133, 2142 of this title.

-CITE-

7 USC Sec. 2154 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 54 - TRANSPORTATION, SALE, AND HANDLING OF CERTAIN ANIMALS

-HEAD-

Sec. 2154. Effective dates

-STATUTE-

The regulations referred to in sections 2140 and 2143 of this

title shall be prescribed by the Secretary as soon as reasonable

but not later than six months from August 24, 1966. Additions and

amendments thereto may be prescribed from time to time as may be

necessary or advisable. Compliance by dealers with the provisions

of this chapter and such regulations shall commence ninety days

after the promulgation of such regulations. Compliance by research

facilities with the provisions of this chapter and such regulations

shall commence six months after the promulgation of such

regulations, except that the Secretary may grant extensions of time

to research facilities which do not comply with the standards

prescribed by the Secretary pursuant to section 2143 of this title

provided that the Secretary determines that there is evidence that

the research facilities will meet such standards within a

reasonable time. Notwithstanding the other provisions of this

section, compliance by intermediate handlers, and carriers, and

other persons with those provisions of this chapter, as amended by

the Animal Welfare Act Amendments of 1976, and those regulations

promulgated thereunder, which relate to actions of intermediate

handlers and carriers, shall commence 90 days after promulgation of

regulations under section 2143 of this title, as amended, with

respect to intermediate handlers and carriers, and such regulations

shall be promulgated no later than 9 months after April 22, 1976;

and compliance by dealers, exhibitors, operators of auction sales,

and research facilities with other provisions of this chapter, as

so amended, and the regulations thereunder, shall commence upon the

expiration of 90 days after April 22, 1976: Provided, however, That

compliance by all persons with subsections (b), (c), and (d) of

section 2143 and with section 2156 of this title, as so amended,

shall commence upon the expiration of said ninety-day period. In

all other respects, said amendments shall become effective on April

22, 1976.

-SOURCE-

(Pub. L. 89-544, Sec. 24, Aug. 24, 1966, 80 Stat. 353; Pub. L.

94-279, Sec. 15, Apr. 22, 1976, 90 Stat. 421.)

-REFTEXT-

REFERENCES IN TEXT

The Animal Welfare Act Amendments of 1976, referred to in text,

is Pub. L. 94-279, Apr. 22, 1976, 90 Stat. 417, which enacted

section 2156 of this title, amended sections 2131, 2132, 2134,

2136, 2139 to 2146, 2149, 2153 to 2155 of this title, and section

3001 of Title 39, Postal Service, repealed section 2150 of this

title, and enacted provisions set out as notes under section 2131

of this title. For complete classification of this Act to the

Code, see Short Title of 1976 Amendment note set out under section

3121 of this title and Tables.

Subsections (b), (c), and (d) of section 2143 of this title,

referred to in text, were redesignated subsecs. (f), (g), and (h),

respectively, and new subsecs. (b), (c), and (d) of section 2143

were enacted, by Pub. L. 99-198, title XVII, Sec. 1752(a)(1), (c),

Dec. 23, 1985, 99 Stat. 1645, 1647.

-MISC2-

AMENDMENTS

1976 - Pub. L. 94-279 inserted provisions setting particular

effective dates of compliance for intermediate handlers and

carriers and for dealers, exhibitors, operators of auction sales,

and research facilities with respect to the amendments made by the

Animal Welfare Act Amendments of 1976.

-CITE-

7 USC Sec. 2155 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 54 - TRANSPORTATION, SALE, AND HANDLING OF CERTAIN ANIMALS

-HEAD-

Sec. 2155. Omitted

-COD-

CODIFICATION

Section, Pub. L. 89-544, Sec. 25, as added Pub. L. 91-579, Sec.

22, Dec. 24, 1970, 84 Stat. 1565; amended Pub. L. 94-279, Sec. 16,

Apr. 22, 1976, 90 Stat. 421; Pub. L. 104-66, title I, Sec. 1012(a),

Dec. 21, 1995, 109 Stat. 711, which required the Secretary of

Agriculture to submit an annual report to the President of the

Senate and the Speaker of the House of Representatives on

licensing, investigation, inspection, and other activity related to

carrying out this chapter, 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.

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7 USC Sec. 2156 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 54 - TRANSPORTATION, SALE, AND HANDLING OF CERTAIN ANIMALS

-HEAD-

Sec. 2156. Animal fighting venture prohibition

-STATUTE-

(a) Sponsoring or exhibiting an animal in an animal fighting

venture

(1) In general

Except as provided in paragraph (2), it shall be unlawful for

any person to knowingly sponsor or exhibit an animal in an animal

fighting venture, if any animal in the venture was moved in

interstate or foreign commerce.

(2) Special rule for certain states

With respect to fighting ventures involving live birds in a

State where it would not be in violation of the law, it shall be

unlawful under this subsection for a person to sponsor or exhibit

a bird in the fighting venture only if the person knew that any

bird in the fighting venture was knowingly bought, sold,

delivered, transported, or received in interstate or foreign

commerce for the purpose of participation in the fighting

venture.

(b) Buying, selling, delivering, or transporting animals for

participation in animal fighting venture

It shall be unlawful for any person to knowingly sell, buy,

transport, deliver, or receive for purposes of transportation, in

interstate or foreign commerce, any dog or other animal for

purposes of having the dog or other animal participate in an animal

fighting venture.

(c) Use of Postal Service or other interstate instrumentality for

promoting or furthering animal fighting venture

It shall be unlawful for any person to knowingly use the mail

service of the United States Postal Service or any interstate

instrumentality for purposes of promoting or in any other manner

furthering an animal fighting venture except as performed outside

the limits of the States of the United States.

(d) Violation of State law

Notwithstanding the provisions of subsection (c) of this section,

the activities prohibited by such subsections shall be unlawful

with respect to fighting ventures involving live birds only if the

fight is to take place in a State where it would be in violation of

the laws thereof.

(e) Penalties

Any person who violates subsection (a), (b), or (c) of this

section shall be fined not more than $15,000 or imprisoned for not

more than 1 year, or both, for each such violation.

(f) Investigation of violations by Secretary; assistance by other

Federal agencies; issuance of search warrant; forfeiture; costs

recoverable in forfeiture or civil action

The Secretary or any other person authorized by him shall make

such investigations as the Secretary deems necessary to determine

whether any person has violated or is violating any provision of

this section, and the Secretary may obtain the assistance of the

Federal Bureau of Investigation, the Department of the Treasury, or

other law enforcement agencies of the United States, and State and

local governmental agencies, in the conduct of such investigations,

under cooperative agreements with such agencies. A warrant to

search for and seize any animal which there is probable cause to

believe was involved in any violation of this section may be issued

by any judge of the United States or of a State court of record or

by a United States magistrate judge within the district wherein the

animal sought is located. Any United States marshal or any person

authorized under this section to conduct investigations may apply

for and execute any such warrant, and any animal seized under such

a warrant shall be held by the United States marshal or other

authorized person pending disposition thereof by the court in

accordance with this subsection. Necessary care including

veterinary treatment shall be provided while the animals are so

held in custody. Any animal involved in any violation of this

section shall be liable to be proceeded against and forfeited to

the United States at any time on complaint filed in any United

States district court or other court of the United States for any

jurisdiction in which the animal is found and upon a judgment of

forfeiture shall be disposed of by sale for lawful purposes or by

other humane means, as the court may direct. Costs incurred by the

United States for care of animals seized and forfeited under this

section shall be recoverable from the owner of the animals if he

appears in such forfeiture proceeding or in a separate civil action

brought in the jurisdiction in which the owner is found, resides,

or transacts business.

(g) Definitions

For purposes of this section -

(1) the term ''animal fighting venture'' means any event which

involves a fight between at least two animals and is conducted

for purposes of sport, wagering, or entertainment except that the

term ''animal fighting venture'' shall not be deemed to include

any activity the primary purpose of which involves the use of one

or more animals in hunting another animal or animals, such as

waterfowl, bird, raccoon, or fox hunting;

(2) the term ''interstate or foreign commerce'' means -

(A) any movement between any place in a State to any place in

another State or between places in the same State through

another State; or

(B) any movement from a foreign country into any State or

from any State into any foreign country;

(3) the term ''interstate instrumentality'' means telegraph,

telephone, radio, or television operating in interstate or

foreign commerce;

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

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

any territory or possession of the United States;

(5) the term ''animal'' means any live bird, or any live dog or

other mammal, except man; and

(6) the conduct by any person of any activity prohibited by

this section shall not render such person subject to the other

sections of this chapter as a dealer, exhibitor, or otherwise.

(h) Conflict with State law

The provisions of this chapter shall not supersede or otherwise

invalidate any such State, local, or municipal legislation or

ordinance relating to animal fighting ventures except in case of a

direct and irreconcilable conflict between any requirements

thereunder and this chapter or any rule, regulation, or standard

hereunder.

-SOURCE-

(Pub. L. 89-544, Sec. 26(a)-(h)(1), as added Pub. L. 94-279, Sec.

17, Apr. 22, 1976, 90 Stat. 421; amended Pub. L. 101-650, title

III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 107-171, title

X, Sec. 10302(a), 10303(a), May 13, 2002, 116 Stat. 491, 492.)

-COD-

CODIFICATION

Section consists of subsecs. (a) to (h)(1) of section 26 of Pub.

L. 89-544, as added by Pub. L. 94-279. Subsec. (h)(2) of section 26

of Pub. L. 89-544, as added by Pub. L. 94-279, amended section

3001(a) of Title 39, Postal Service.

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AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-171, Sec. 10302(a)(1), added

subsec. (a) and struck out former subsec. (a) which read as

follows: ''It shall be unlawful for any person to knowingly sponsor

or exhibit an animal in any animal fighting venture to which any

animal was moved in interstate or foreign commerce.''

Subsec. (b). Pub. L. 107-171, Sec. 10302(a)(2), substituted

''deliver, or receive'' for ''or deliver to another person or

receive from another person''.

Subsec. (d). Pub. L. 107-171, Sec. 10302(a)(3), substituted

''subsection (c) of this section'' for ''subsections (a), (b), or

(c) of this section''.

Subsec. (e). Pub. L. 107-171, Sec. 10303(a)(1), inserted heading

and substituted ''$15,000'' for ''$5,000'' in text.

Subsec. (g)(2)(B). Pub. L. 107-171, Sec. 10303(a)(2), inserted

''or from any State into any foreign country'' before semicolon.

-CHANGE-

CHANGE OF NAME

''United States magistrate judge'' substituted for ''United

States magistrate'' in subsec. (f) pursuant to section 321 of Pub.

L. 101-650, set out as a note under section 631 of Title 28,

Judiciary and Judicial Procedure.

-MISC4-

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-171, title X, Sec. 10302(b), May 13, 2002, 116 Stat.

492, provided that: ''The amendments made by this section (amending

this section) take effect 1 year after the date of enactment of

this Act (May 13, 2002).''

Pub. L. 107-171, title X, Sec. 10303(b), May 13, 2002, 116 Stat.

492, provided that: ''The amendment made by this section (amending

this section) takes effect 1 year after the date of enactment of

this Act (May 13, 2002).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2153, 2154; title 39

section 3001.

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7 USC Sec. 2157 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 54 - TRANSPORTATION, SALE, AND HANDLING OF CERTAIN ANIMALS

-HEAD-

Sec. 2157. Release of trade secrets

-STATUTE-

(a) Release of confidential information prohibited

It shall be unlawful for any member of an Institutional Animal

Committee to release any confidential information of the research

facility including any information that concerns or relates to -

(1) the trade secrets, processes, operations, style of work, or

apparatus; or

(2) the identity, confidential statistical data, amount or

source of any income, profits, losses, or expenditures,

of the research facility.

(b) Wrongful use of confidential information prohibited

It shall be unlawful for any member of such Committee -

(1) to use or attempt to use to his advantages; or

(2) to reveal to any other person,

any information which is entitled to protection as confidential

information under subsection (a) of this section.

(c) Penalties

A violation of subsection (a) or (b) of this section is

punishable by -

(1) removal from such Committee; and

(2)(A) a fine of not more than $1,000 and imprisonment of not

more than one year; or

(B) if such violation is willful, a fine of not more than

$10,000 and imprisonment of not more than three years.

(d) Recovery of damages by injured person; costs; attorney's fee

Any person, including any research facility, injured in its

business or property by reason of a violation of this section may

recover all actual and consequential damages sustained by such

person and the cost of the suit including a reasonable attorney's

fee.

(e) Other rights and remedies

Nothing in this section shall be construed to affect any other

rights of a person injured in its business or property by reason of

a violation of this section. Subsection (d) of this section shall

not be construed to limit the exercise of any such rights arising

out of or relating to a violation of subsections (a) and (b) of

this section.

-SOURCE-

(Pub. L. 89-544, Sec. 27, as added Pub. L. 99-198, title XVII, Sec.

1754, Dec. 23, 1985, 99 Stat. 1649.)

-MISC1-

EFFECTIVE DATE

Section effective one year after Dec. 23, 1985, see section 1759

of Pub. L. 99-198, set out as an Effective Date of 1985 Amendment

note under section 2131 of this title.

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7 USC Sec. 2158 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 54 - TRANSPORTATION, SALE, AND HANDLING OF CERTAIN ANIMALS

-HEAD-

Sec. 2158. Protection of pets

-STATUTE-

(a) Holding period

(1) Requirement

In the case of each dog or cat acquired by an entity described

in paragraph (2), such entity shall hold and care for such dog or

cat for a period of not less than five days to enable such dog or

cat to be recovered by its original owner or adopted by other

individuals before such entity sells such dog or cat to a dealer.

(2) Entities described

An entity subject to paragraph (1) is -

(A) each State, county, or city owned and operated pound or

shelter;

(B) each private entity established for the purpose of caring

for animals, such as a humane society, or other organization

that is under contract with a State, county, or city that

operates as a pound or shelter and that releases animals on a

voluntary basis; and

(C) each research facility licensed by the Department of

Agriculture.

(b) Certification

(1) In general

A dealer may not sell, provide, or make available to any

individual or entity a random source dog or cat unless such

dealer provides the recipient with a valid certification that

meets the requirements of paragraph (2) and indicates compliance

with subsection (a) of this section.

(2) Requirements

A valid certification shall contain -

(A) the name, address, and Department of Agriculture license

or registration number (if such number exists) of the dealer;

(B) the name, address, Department of Agriculture license or

registration number (if such number exists), and the signature

of the recipient of the dog or cat;

(C) a description of the dog or cat being provided that shall

include -

(i) the species and breed or type of such;

(ii) the sex of such;

(iii) the date of birth (if known) of such;

(iv) the color and any distinctive marking of such; and

(v) any other information that the Secretary by regulation

shall determine to be appropriate;

(D) the name and address of the person, pound, or shelter

from which the dog or cat was purchased or otherwise acquired

by the dealer, and an assurance that such person, pound, or

shelter was notified that such dog or cat may be used for

research or educational purposes;

(E) the date of the purchase or acquisition referred to in

subparagraph (D);

(F) a statement by the pound or shelter (if the dealer

acquired the dog or cat from such) that it satisfied the

requirements of subsection (a) of this section; and

(G) any other information that the Secretary of Agriculture

by regulation shall determine appropriate.

(3) Records

The original certification required under paragraph (1) shall

accompany the shipment of a dog or cat to be sold, provided, or

otherwise made available by the dealer, and shall be kept and

maintained by the research facility for a period of at least one

year for enforcement purposes. The dealer shall retain one copy

of the certification provided under this paragraph for a period

of at least one year for enforcement purposes.

(4) Transfers

In instances where one research facility transfers animals to

another research facility a copy of the certificate must

accompany such transfer.

(5) Modification

Certification requirements may be modified to reflect

technological advances in identification techniques, such as

microchip technology, if the Secretary determines that adequate

information such as described in this section, will be collected,

transferred, and maintained through such technology.

(c) Enforcement

(1) In general

Dealers who fail to act according to the requirements of this

section or who include false information in the certification

required under subsection (b) of this section, shall be subject

to the penalties provided for under section 2149 of this title.

(2) Subsequent violations

Any dealer who violates this section more than one time shall

be subject to a fine of $5,000 per dog or cat acquired or sold in

violation of this section.

(3) Permanent revocations

Any dealer who violates this section three or more times shall

have such dealers license permanently revoked.

(d) Regulation

Not later than 180 days after November 28, 1990, the Secretary

shall promulgate regulations to carry out this section.

-SOURCE-

(Pub. L. 89-544, Sec. 28, as added Pub. L. 101-624, title XXV, Sec.

2503(2), Nov. 28, 1990, 104 Stat. 4066; amended Pub. L. 102-237,

title X, Sec. 1004, Dec. 13, 1991, 105 Stat. 1894.)

-MISC1-

AMENDMENTS

1991 - Subsec. (b)(2)(F). Pub. L. 102-237 substituted

''subsection (a)'' for ''subsection (b)''.

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7 USC Sec. 2159 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 54 - TRANSPORTATION, SALE, AND HANDLING OF CERTAIN ANIMALS

-HEAD-

Sec. 2159. Authority to apply for injunctions

-STATUTE-

(a) Request

Whenever the Secretary has reason to believe that any dealer,

carrier, exhibitor, or intermediate handler is dealing in stolen

animals, or is placing the health of any animal in serious danger

in violation of this chapter or the regulations or standards

promulgated thereunder, the Secretary shall notify the Attorney

General, who may apply to the United States district court in which

such dealer, carrier, exhibitor, or intermediate handler resides or

conducts business for a temporary restraining order or injunction

to prevent any such person from operating in violation of this

chapter or the regulations and standards prescribed under this

chapter.

(b) Issuance

The court shall, upon a proper showing, issue a temporary

restraining order or injunction under subsection (a) of this

section without bond. Such injunction or order shall remain in

effect until a complaint pursuant to section 2149 of this title is

issued and dismissed by the Secretary or until an order to cease

and desist made thereon by the Secretary has become final and

effective or is set aside on appellate review. Attorneys of the

Department of Agriculture may, with the approval of the Attorney

General, appear in the United States district court representing

the Secretary in any action brought under this section.

-SOURCE-

(Pub. L. 89-544, Sec. 29, as added Pub. L. 101-624, title XXV, Sec.

2503(2), Nov. 28, 1990, 104 Stat. 4067.)

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