Animal Welfare Act 2011

The Animal Welfare Act (AWA) focuses on ensuring humane treatment and care for animals, including cats, both wild and domestic. Here’s what the legislation means for cats:

• Humane Standards: The Act sets standards for the humane handling, care, and transportation of animals. This ensures that both domestic and wild cats are treated with respect and not subjected to unnecessary suffering.

• Government Oversight: Federal, state, and local authorities collaborate under this law to maintain proper conditions for animals. This oversight helps protect cats in facilities like shelters, rescues, and zoos.

• Protection from Exploitation: Specific provisions like the prohibition on animal fighting ventures help protect cats from abusive and exploitative practices, which can severely harm their well-being.

• Standards for Breeders and Facilities: Licensed breeders, sanctuaries, and other facilities are required to meet certain standards of care. This reduces the chances of abuse and neglect, benefiting both captive and free-roaming wild cats.

• Focus on Recordkeeping and Accountability: Facilities and auction sales involving cats must maintain accurate records to ensure transparency and adherence to humane practices.

• Advocacy for Wild Cats: By addressing the needs of wild cats in captivity and pushing for higher standards, the Act indirectly supports conservation efforts, emphasizing that wild cats belong in the wild.

• Penalties for Violations: The Act includes strict penalties for violations, which act as a deterrent against mistreatment or neglect of cats under human care.

This federal law plays a critical role in safeguarding the dignity and well-being of all cats, reinforcing the belief that they deserve humane and ethical treatment.

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.

---------------------------------------------------------------------------

    (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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From the U.S. Code Online via GPO Access

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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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From the U.S. Code Online via GPO Access

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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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From the U.S. Code Online via GPO Access

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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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From the U.S. Code Online via GPO Access

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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.

----------------------------------------

From the U.S. Code Online via GPO Access

[www.gpoaccess.gov]

[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.

----------------------------------------

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

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[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

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[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

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[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

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[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

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[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

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[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

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[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

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[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

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[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.

----------------------------------------

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[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

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[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.)