Animal Welfare Act 2011
TITLE 7--AGRICULTURE
CHAPTER 54--TRANSPORTATION, SALE, AND HANDLING OF CERTAIN ANIMALS
Sec. 2131. Congressional statement of policy
Sec. 2132. Definitions
Sec. 2133. Licensing of dealers and exhibitors
Sec. 2134. Valid license for dealers and exhibitors required
Sec. 2135. Time period for disposal of dogs or cats by dealers or exhibitors
Sec. 2136. Registration of research facilities, handlers, carriers and unlicensed exhibitors
Sec. 2137. Purchase of dogs or cats by research facilities prohibited except from authorized operators of auction sales and licensed dealers or exhibitors
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
Sec. 2139. Principal-agent relationship established
Sec. 2140. Recordkeeping by dealers, exhibitors, research facilities, intermediate handlers, and carriers
Sec. 2141. Marking and identification of animals
Sec. 2142. Humane standards and recordkeeping requirements at auction sales
Sec. 2143. Standards and certification process for humane handling, care, treatment, and transportation of animals
Sec. 2144. Humane standards for animals by United States Government facilities
Sec. 2145. Consultation and cooperation with Federal, State, and local governmental bodies by Secretary of Agriculture
Sec. 2146. Administration and enforcement by Secretary
Sec. 2147. Inspection by legally constituted law enforcement agencies
Sec. 2148. Repealed. Pub. L. 91-579, Sec. 19, Dec. 24, 1970, 84 Stat. 1564
Sec. 2149. Violations by licensees
Sec. 2150. Repealed. Pub. L. 94-279, Sec. 14, Apr. 22, 1976, 90 Stat. 421
Sec. 2151. Rules and regulations
Sec. 2152. Separability
Sec. 2153. Fees and authorization of appropriations
Sec. 2154. Effective dates
Sec. 2155. Omitted
Sec. 2156. Animal fighting venture prohibition
Sec. 2157. Release of trade secrets
Sec. 2158. Protection of pets
Sec. 2159. Authority to apply for injunctions
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From the U.S. Code Online via GPO Access
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[Laws in effect as of January 3, 2007]
[CITE: 7USC2131]
TITLE 7--AGRICULTURE
CHAPTER 54--TRANSPORTATION, SALE, AND HANDLING OF CERTAIN ANIMALS
Sec. 2131. Congressional statement of policy
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.
(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.)
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 (Secs. 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 (Secs. 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.''
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)).''
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From the U.S. Code Online via GPO Access
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[Laws in effect as of January 3, 2007]
[CITE: 7USC2132]
Sec. 2132. Definitions
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.\1\
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\1\ So in original. The period probably should be a semicolon.
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(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.
(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, Secs. 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.)
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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From the U.S. Code Online via GPO Access
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[Laws in effect as of January 3, 2007]
[CITE: 7USC2133]
Sec. 2133. Licensing of dealers and exhibitors
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.
(Pub. L. 89-544, Sec. 3, Aug. 24, 1966, 80 Stat. 351; Pub. L. 91-579,
Sec. 4, Dec. 24, 1970, 84 Stat. 1561.)
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.
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[Laws in effect as of January 3, 2007]
[CITE: 7USC2134]
Sec. 2134. Valid license for dealers and exhibitors required
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.
(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.)
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.
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[Laws in effect as of January 3, 2007]
[CITE: 7USC2135]
Sec. 2135. Time period for disposal of dogs or cats by dealers or exhibitors
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.
(Pub. L. 89-544, Sec. 5, Aug. 24, 1966, 80 Stat. 351; Pub. L. 91-579,
Sec. 6, Dec. 24, 1970, 84 Stat. 1561.)
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.
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[Laws in effect as of January 3, 2007]
[CITE: 7USC2136]
Sec. 2136. Registration of research facilities, handlers, carriers and unlicensed exhibitors
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.
(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.)
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.
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[Laws in effect as of January 3, 2007]
[CITE: 7USC2137]
Sec. 2137. Purchase of dogs or cats by research facilities prohibited except from authorized operators of auction sales and licensed dealers or exhibitors
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.
(Pub. L. 89-544, Sec. 7, Aug. 24, 1966, 80 Stat. 351; Pub. L. 91-579,
Sec. 8, Dec. 24, 1970, 84 Stat. 1561.)
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.
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From the U.S. Code Online via GPO Access
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[Laws in effect as of January 3, 2007]
[CITE: 7USC2138]
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
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.
(Pub. L. 89-544, Sec. 8, Aug. 24, 1966, 80 Stat. 351; Pub. L. 91-579,
Sec. 9, Dec. 24, 1970, 84 Stat. 1562.)
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.
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From the U.S. Code Online via GPO Access
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[Laws in effect as of January 3, 2007]
[CITE: 7USC2139]
Sec. 2139. Principal-agent relationship established
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.
(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.)
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.
----------------------------------------
From the U.S. Code Online via GPO Access
[www.gpoaccess.gov]
[Laws in effect as of January 3, 2007]
[CITE: 7USC2140]
Sec. 2140. Recordkeeping by dealers, exhibitors, research facilities, intermediate handlers, and carriers
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.
(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.)
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.
----------------------------------------
From the U.S. Code Online via GPO Access
[www.gpoaccess.gov]
[Laws in effect as of January 3, 2007]
[CITE: 7USC2141]
Sec. 2141. Marking and identification of animals
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.
(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.)
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.
----------------------------------------
From the U.S. Code Online via GPO Access
[www.gpoaccess.gov]
[Laws in effect as of January 3, 2007]
[CITE: 7USC2142]
Sec. 2142. Humane standards and recordkeeping requirements at auction sales
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.
(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.)
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.
----------------------
From the U.S. Code Online via GPO Access
[www.gpoaccess.gov]
[Laws in effect as of January 3, 2007]
[CITE: 7USC2143]
Sec. 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
(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 \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;
---------------------------------------------------------------------------
\1\ So in original. Probably should be ``paragraph''.
---------------------------------------------------------------------------
(ii) except as provided \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
---------------------------------------------------------------------------
\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) \3\ Suspension or revocation of Federal support for research
projects; prerequisites; appeal procedure
---------------------------------------------------------------------------
\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) \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.
(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, Secs. 9, 10, Apr.
22, 1976, 90 Stat. 418, 419; Pub. L. 99-198, title XVII, Sec. 1752, Dec.
23, 1985, 99 Stat. 1645.)
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.
----------------------------------------
From the U.S. Code Online via GPO Access
[www.gpoaccess.gov]
[Laws in effect as of January 3, 2007]
[CITE: 7USC2144]
Sec. 2144. Humane standards for animals by United States Government facilities
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 \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 \1\ 2143(a), (f), (g), and (h) of this title.
---------------------------------------------------------------------------
\1\ So in original. Probably should be ``section''.
---------------------------------------------------------------------------
(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.)
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.
----------------------------------------
From the U.S. Code Online via GPO Access
[www.gpoaccess.gov]
[Laws in effect as of January 3, 2007]
[CITE: 7USC2145]
Sec. 2145. Consultation and cooperation with Federal, State, and local governmental bodies by Secretary of Agriculture
(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.
(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.)
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.
----------------------------------------
From the U.S. Code Online via GPO Access
[www.gpoaccess.gov]
[Laws in effect as of January 3, 2007]
[CITE: 7USC2146]
Sec. 2146. Administration and enforcement by Secretary
(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 \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.
---------------------------------------------------------------------------
\1\ See References in Text note below.
---------------------------------------------------------------------------
(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.)
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.
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.
----------------------------------------
From the U.S. Code Online via GPO Access
[www.gpoaccess.gov]
[Laws in effect as of January 3, 2007]
[CITE: 7USC2147]
Sec. 2147. Inspection by legally constituted law enforcement agencies
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.
(Pub. L. 89-544, Sec. 17, Aug. 24, 1966, 80 Stat. 352; Pub. L. 91-579,
Sec. 18, Dec. 24, 1970, 84 Stat. 1564.)
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.
----------------------------------------
From the U.S. Code Online via GPO Access
[www.gpoaccess.gov]
[Laws in effect as of January 3, 2007]
[CITE: 7USC2148]
Sec. 2148. Repealed. Pub. L. 91-579, Sec. 19, Dec. 24, 1970, 84 Stat. 1564
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.
----------------------------------------
From the U.S. Code Online via GPO Access
[www.gpoaccess.gov]
[Laws in effect as of January 3, 2007]
[CITE: 7USC2149]
Sec. 2149. Violations by licensees
(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.
(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.)
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 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.
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.
----------------------------------------
From the U.S. Code Online via GPO Access
[www.gpoaccess.gov]
[Laws in effect as of January 3, 2007]
[CITE: 7USC2150]
Sec. 2150. Repealed. Pub. L. 94-279, Sec. 14, Apr. 22, 1976, 90 Stat. 421
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.
----------------------------------------
From the U.S. Code Online via GPO Access
[www.gpoaccess.gov]
[Laws in effect as of January 3, 2007]
[CITE: 7USC2151]
Sec. 2151. Rules and regulations
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.
(Pub. L. 89-544, Sec. 21, Aug. 24, 1966, 80 Stat. 353.)
----------------------------------------
From the U.S. Code Online via GPO Access
[www.gpoaccess.gov]
[Laws in effect as of January 3, 2007]
[CITE: 7USC2152]
Sec. 2152. Separability
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.
(Pub. L. 89-544, Sec. 22, Aug. 24, 1966, 80 Stat. 353.)
----------------------------------------
From the U.S. Code Online via GPO Access
[www.gpoaccess.gov]
[Laws in effect as of January 3, 2007]
[CITE: 7USC2153]
Sec. 2153. Fees and authorization of appropriations
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.
(Pub. L. 89-544, Sec. 23, Aug. 24, 1966, 80 Stat. 353; Pub. L. 94-279,
Sec. 18, Apr. 22, 1976, 90 Stat. 423.)
Amendments
1976--Pub. L. 94-279 authorized appropriations for the enforcement
of section 2156 of this title.
----------------------------------------
From the U.S. Code Online via GPO Access
[www.gpoaccess.gov]
[Laws in effect as of January 3, 2007]
[CITE: 7USC2154]
Sec. 2154. Effective dates
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.
(Pub. L. 89-544, Sec. 24, Aug. 24, 1966, 80 Stat. 353; Pub. L. 94-279,
Sec. 15, Apr. 22, 1976, 90 Stat. 421.)
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.
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.
----------------------------------------
From the U.S. Code Online via GPO Access
[www.gpoaccess.gov]
[Laws in effect as of January 3, 2007]
[CITE: 7USC2155]
Sec. 2155. Omitted
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.
----------------------------------------
From the U.S. Code Online via GPO Access
[www.gpoaccess.gov]
[Laws in effect as of January 3, 2007]
[CITE: 7USC2156]
Sec. 2156. Animal fighting venture prohibition
(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.
(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,
Secs. 10302(a), 10303(a), May 13, 2002, 116 Stat. 491, 492.)
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.
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 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.
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].''
----------------------------------------
From the U.S. Code Online via GPO Access
[www.gpoaccess.gov]
[Laws in effect as of January 3, 2007]
[CITE: 7USC2157]
Sec. 2157. Release of trade secrets
(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.
(Pub. L. 89-544, Sec. 27, as added Pub. L. 99-198, title XVII,
Sec. 1754, Dec. 23, 1985, 99 Stat. 1649.)
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.
----------------------------------------
From the U.S. Code Online via GPO Access
[www.gpoaccess.gov]
[Laws in effect as of January 3, 2007]
[CITE: 7USC2158]
Sec. 2158. Protection of pets
(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.
(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.)
Amendments
1991--Subsec. (b)(2)(F). Pub. L. 102-237 substituted ``subsection
(a)'' for ``subsection (b)''.
----------------------------------------
From the U.S. Code Online via GPO Access
[www.gpoaccess.gov]
[Laws in effect as of January 3, 2007]
[CITE: 7USC2159]
Sec. 2159. Authority to apply for injunctions
(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.
(Pub. L. 89-544, Sec. 29, as added Pub. L. 101-624, title XXV,
Sec. 2503(2), Nov. 28, 1990, 104 Stat. 4067.)