Full Statute Name:  Sectional History of AWA

• §2131 . Congressional statement of policy 
• §2132 . Definitions
• §2133 . Licensing of dealers and exhibitors
• §2134 . Valid license for dealers and exhibitors required
• §2135 . Time period for disposal of dogs or cats by dealers or exhibitors
• §2136 . Registration of research facilities, handlers, carriers and unlicensed exhibitors
• §2137 . Purchase of dogs or cats by research facilities prohibited except from authorized operators of auction sales and licensed dealers or exhibitors
• §2138 . Purchase of dogs or cats by United States Government facilities prohibited except from authorized operators of auction sales and licensed dealers or exhibitors
• §2139 . Principal-agent relationship established
• §2140 . Recordkeeping by dealers, exhibitors, research facilities, intermediate handlers, and carriers
• §2141 . Marking and identification of animals
• §2142 . Humane standards and recordkeeping requirements at auction sales
• §2143 . Standards and certification process for humane handling, care, treatment, and transportation of animals
• §2144 . Humane standards for animals by United States Government facilities
• §2145 . Consultation and cooperation with Federal, State, and local governmental bodies by Secretary of Agriculture
• §2146 . Administration and enforcement by Secretary
• §2147 . Inspection by legally constituted law enforcement
• §2148 . Importation of live dogs
• §2149 . Violations by licensees
• §2150 . [Repealed]
• §2151 . Rules and regulations
• §2152 . Separability 
• §2153 . Fees and authorization of appropriations
• §2154 . Effective dates
• §2155 . Omitted
• §2156 . Animal fighting venture prohibition
• §2157 . Release of trade secrets
• §2158 . Protection of Pets
• §2159 . Authority to apply for injunctions

§ 2131H   HISTORY [§ 2131. Congressional statement of policy]

Amendments:

1970. Act Dec. 24, 1970 (effective as provided by § 23 of such Act, which appears as a note to this section), substituted "owners of animals," for "owners of dogs and cats", substituted "theft of their animals" for "theft of such pets", substituted "use of animals" for "use of dogs and cats", added "or for exhibition purposes or for use as pets", added "or for exhibition purposes or holding them for sale as pets", and substituted "any such purpose or use" for "such use".

1976. Act April 22, 1976, substituted this section for one which read: "That, in order to protect the owners of animals, from the theft of their animals, to prevent the sale or use of animals which have been stolen, and to insure that certain animals intended for use in research facilities or for exhibition purposes or for use as pets are provided humane care and treatment, it is essential to regulate the transportation, purchase, sale, housing, care, handling, and treatment of such animals 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 in transporting, buying, or selling them for any such purpose or use.".

Redesignation:

This section, enacted as § 1 of Act Aug. 24, 1966, P.L. 89-544, was redesignated as § 1(b) of such Act by § 2 of Act April 22, 1976, P.L. 94-279, 90 Stat. 417.

Short titles:

Act Aug. 24, 1966, P.L. 89-544, § 1(a), 80 Stat. 350, as added April 22, 1976, P.L. 94-279, § 2 in part, 90 Stat. 417, provided: "This Act [ 7 USCS §§ 2131 et seq.] may be cited as the 'Animal Welfare Act'.".

Act Dec. 24, 1970, P.L. 91-579, § 1, 84 Stat. 1560, provided: "This Act may be cited as the 'Animal Welfare Act of 1970'.". For full classification of such Act, consult USCS Tables volumes.

Act April 22, 1976, P.L. 94-279, § 1, 90 Stat. 417, provided: "This Act may be cited as the 'Animal Welfare Act Amendments of 1976'.". For full classification of such Act, consult USCS Tables volumes.

Other provisions:

Effective date of amendments made by Act Dec. 24, 1970. Act Dec. 24, 1970, P.L. 91-579, § 23, 84 Stat. 1565, provided: "The amendments made by this Act [amending this section, among other things; for full classification, consult USCS Tables volumes] shall take effect one year after the date of enactment of this Act [enacted Dec. 24, 1970], except for the amendments to sections 16, 17, 19, and 20 of the Act of August 24, 1966 [amending 7 USCS §§ 2146, 2147, 2149, 2150], which shall become effective thirty days after the date of enactment of this Act [enacted Dec. 24, 1970].".

Animal welfare. Act Dec. 23, 1985, P.L. 99-198, Title XVII, Subtitle F, § 1751, 99 Stat. 1645, effective 1 year after enactment on Dec. 23, 1985, as provided by § 1759 of such Act, which appears as a note to this section, provides:

"For the purposes of this subtitle [for full classification consult USCS Tables volumes], 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.".

Animal defined. Act Dec. 23, 1985, P.L. 99-198, Title XVII, Subtitle F, § 1756(b), 99 Stat. 1650, effective 1 year after enactment on Dec. 23, 1985, as provided by § 1759 of such Act, which appears as 7 USCS § 2131 note, provides: "For purposes of this Act [ 7 USCS §§ 2131 et seq.], 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)) [ 7 USCS § 2132 (g)].".

Effective date of 1985 amendments. Act Dec. 23, 1985, P.L. 99-198, Title XVII, Subtitle F, § 1759, 99 Stat. 1650, provides: "This subtitle [for full classification consult USCS Tables volumes] shall take effect 1 year after the date of the enactment of this Act [enacted Dec. 23, 1985].".

[ §2131 Acts ] [ §2131 Decisions ]

§ 2132H   HISTORY [§ 2132. Definitions]

HISTORICAL AND STATUTORY NOTES

Revision Notes and Legislative Reports

1966 Acts. Senate Report No. 1281, Conference Report No. 1848, see 1966 U.S.Code Cong. and Adm.News, p. 2635.

1970 Acts. House Report No. 91-1651, see 1970 U.S.Code Cong. and Adm.News, p. 5103.

1976 Acts. House Report No. 94-801, House Conference Report No. 94-976, see 1976 U.S.Code Cong. and Adm.News, p. 758.

2002 Acts. House Conference Report No. 107-424 and Statement by President, see 2002 U.S. Code Cong. and Adm. News, p. 141.

Amendments

2014 Amendments. Pub.L. 113-79, § 12308(a)(1)(A), in the matter preceding subsec. (a), struck out “When used in this chapter--” and inserted “In this chapter:”.

Subsec. (a).  Pub.L. 113-79, § 12308(a)(1)(C), struck out the semicolon at the end and inserted a period.

Subsec. (b).  Pub.L. 113-79, § 12308(a)(1)(C), struck out the semicolon at the end and inserted a period.

Subsec. (d).  Pub.L. 113-79, § 12308(a)(1)(C), struck out the semicolon at the end and inserted a period.

Subsec. (e).  Pub.L. 113-79, § 12308(a)(1)(C), struck out the semicolon at the end and inserted a period.

Subsec. (f).  Pub.L. 113-79, § 12308(a)(1)(B), struck out “(2) any dog for hunting, security, or breeding purposes, except that this term does not include--” and inserted “(2) any dog for hunting, security, or breeding purposes.  Such term does not include a retail pet store (other than a retail pet store which sells any animals to a research facility, an exhibitor, or another dealer).”; and struck out cls. (i) and (ii), which formerly read:

“(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;”.

Subsec. (g).  Pub.L. 113-79, § 12308(a)(1)(C), struck out the semicolon at the end and inserted a period.

Subsec. (h).  Pub.L. 113-79, § 12308(a)(1)(C), struck out the semicolon at the end and inserted a period.

Subsec. (i).  Pub.L. 113-79, § 12308(a)(1)(C), struck out the semicolon at the end and inserted a period.

Subsec. (j).  Pub.L. 113-79, § 12308(a)(1)(C), struck out the semicolon at the end and inserted a period.

Subsec. (k).  Pub.L. 113-79, § 12308(a)(1)(C), struck out the semicolon at the end and inserted a period.

Subsec. (m).  Pub.L. 113-79, § 12308(a)(1)(C), struck out the semicolon at the end and inserted a period.

Subsec. (n).  Pub.L. 113-79, § 12308(a)(1)(D), struck out “; and” at the end and inserted a period.

2013 Amendments. Subsec. (h). Pub.L. 112-261, § 1, inserted “an owner of a common, domesticated household pet who derives less than a substantial portion of income from a nonprimary source (as determined by the Secretary) for exhibiting an animal that exclusively resides at the residence of the pet owner,” following “stores,”.

2002 Amendments. Subsec. (g). Pub.L. 107-171, § 10301, struck out "excludes horses not used for research purposes and" and inserted "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)".

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

1976 Amendments. Subsec. (c). Pub.L. 94-279, § 3(1), made changes in phraseology, restructured subsection and expanded the definition of the term "commerce" by making it applicable to any activity affecting interstate commerce.

Subsec. (d). Pub.L. 94-279, § 3(1), substituted definition of "State" for definition of "affecting commerce".

Subsec. (e). Pub.L. 94-279, § 3(2), substituted "in commerce" for "affecting commerce".

Subsec. (f). Pub.L. 94-279, § 3(2), (3), made changes in phraseology, restructured subsection and expanded the term "dealer" to include persons who negotiate the purchase or sale of protected animals.

Subsec. (g). Pub.L. 94-279, § 3(4), expanded the definition of the term "animal" to include dogs used for hunting, security, or breeding purposes.

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

1970 Amendments. Subsec. (b). Pub.L. 91-579, § 3(1), inserted "of the United States or his representative who shall be an employee of the United States Department of Agriculture" following "Secretary of Agriculture".

Subsec. (c). Pub.L. 91-579, § 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, § 3(3), substituted a definition of the term "affecting commerce" for a definition of the term "dog".

Subsec. (e). Pub.L. 91-579, § 3(3), struck out definition of the term "cat" and substituted for it a definition of the term "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, § 3(3), substituted definition of the term "dealer" formerly contained in subsec. (g) for definition of term "research facility" and in such definition of term "dealer" as thus transferred added 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, § 3(3), substituted definition of the term "animal" formerly contained in subsec. (h) for definition of the term "dealer" and in such definition of the term "animal" as thus transferred added the stipulation "live or dead" to the species already covered, and added 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 term "dealer" transferred to subsec. (f) and amended.

Subsec. (h). Pub.L. 91-579, § 3(3), substituted definition of the term "exhibitor" for definition of the term "animal." Definition of term "animal" transferred to subsec. (g) and amended.

Effective and Applicability Provisions

1985 Acts. Amendment by Pub.L. 99-198 effective Dec. 23, 1986, see section 1759 of Pub.L. 99-198, set out as a note under section 2131 of this title.

1970 Acts. 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, § 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) [of this note] 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."

CODE OF FEDERAL REGULATIONS

Animal welfare, definition of terms, see 7 CFR § 1.1 et seq.

[ §2132 Acts ] [ §2132 Decisions ]

§ 2133H    HISTORY [§ 2133. Licensing of dealers and exhibitors]

2014 Amendments. Pub.L. 113-79, § 12308(a)(2), struck out “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.” and inserted “:  Provided, however, That a dealer or exhibitor shall not be required to obtain a license as a dealer or exhibitor under this chapter if the size of the business is determined by the Secretary to be de minimis.”

1970. Act Dec. 24, 1970 (effective one year after enactment on 12/24/70, as provided by § 23 of such Act, which appears as 7 USCS § 2131 note), inserted "and exhibitors", inserted "or exhibitor" wherever appearing, inserted "retail pet store or other", and inserted "or exhibitors" wherever appearing.

[ §2133 Acts ] [ §2133 Decisions ]

§ 2134H   HISTORY [§ 2134. Valid license for dealers and exhibitors required ]

Amendments:

1970. Act Dec. 24, 1970 (effective one year after enactment on 12/24/70, as provided by § 23 of such Act, which appears as 7 USCS § 2131 note), substituted "No dealer or exhibitor shall sell or offer to sell or transport or offer for transportation, affecting 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, affecting commerce, to or from another dealer or exhibitor under this Act any animal, 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." for "No dealer shall sell or offer to sell or transport or offer for transportation to any research facility any dog or cat, or buy, sell, offer to buy or sell, transport or offer for transportation in commerce to or from another dealer under this Act any dog or cat, unless and until such dealer shall have obtained a license from the Secretary and such license shall not have been suspended or revoked.".

1976. Act April 22, 1976, substituted "in commerce" for "affecting commerce" wherever appearing.

[ §2134 Acts ] [ §2134 Decisions ]

§ 2135H   HISTORY [§ 2135. Time period for disposal of dogs or cats by dealers or exhibitors]

Amendments:

1970. Act Dec. 24, 1970 (effective one year after enactment on 12/24/70, as provided by § 23 of such Act, which appears as 7 USCS § 2131 note), inserted "or exhibitor" and inserted ": Provided, That operators of auction sales subject to section 12 of this Act shall not be required to comply with the provisions of this section".

[ §2135 Acts ] [ §2135 Decisions ]

§ 2136H   HISTORY [§ 2136. Registration of research facilities, handlers, carriers and unlicensed exhibitors]

Amendments:

1970. Act Dec. 24, 1970 (effective one year after enactment on 12/24/70, as provided by § 23 of such Act, which appears as 7 USCS § 2131 note), inserted "and every exhibitor not licensed under section 3 of this Act".

1976. April 22, 1976, inserted ", every intermediate handler, every carrier,".

[ §2136 Acts] [ §2136 Decisions ]

§ 2137H   HISTORY [§2137. Purchase of dogs or cats by research facilities prohibited except from authorized operators of auction sales and licensed dealers or exhibitors

Amendments:

1970. Act Dec. 24, 1970 (effective one year after enactment on 12/24/70, as provided by § 23 of such Act, which appears as 7 USCS § 2131 note), inserted "an operator of an auction sale subject to section 12 of this Act or" and inserted "or exhibitor".

[ §2137 Acts ] [ §2137 Decisions ]

§ 2138H   HISTORY [§ 2138. Purchase of dogs or cats by United States Government facilities prohibited except from authorized operators of auction sales and licensed dealers or exhibitors]

Amendments:

1970. Act Dec. 24, 1970 (effective one year after enactment on 12/24/70, as provided by § 23 of such Act, which appears as 7 USCS § 2131 note), inserted "an operator of an auction sale subject to section 12 of this Act or", inserted "or exhibitor", and inserted "or exhibition".

[ §2138 Acts ] [ §2138 Decisions ]

§ 2139H  HISTORY [§ 2139. Principal-agent relationship established]

Amendments:

1970. Act Dec. 24, 1970 (effective one year after enactment on 12/24/70, as provided by § 23 of such Act, which appears as 7 USCS § 2131 note), substituted this section for one which read: "When construing or enforcing the provisions of this Act, the act, omission, or failure of any individual acting for or employed by a research facility or a dealer, or a person licensed as a dealer pursuant to the second sentence of section 3, within the scope of his employment or office, shall be deemed the act, omission, or failure of such research facility, dealer, or other person as well as of such individual.".

1976. Act April 22, 1976, inserted "or an intermediate handler, or a carrier,", 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.".

[ §2139 Acts ] [ §2139 Decisions ]

§ 2140H   HISTORY [§ 2140. Recordkeeping by dealers, exhibitors, research facilities, intermediate handlers, and carriers]

Amendments:

1970. Act Dec. 24, 1970 (effective one year after enactment on 12/24/70, as provided by § 23 of such Act, which appears as 7 USCS § 2131 note), substituted "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, upon forms supplied by the Secretary. 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. Such records shall be made available at all reasonable times for inspection and copying by the Secretary." for "Research facilities and dealers 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 dogs and cats but not monkeys, guinea pigs, hamsters, or rabbits as the Secretary may prescribe, upon forms supplied by the Secretary. Such records shall be made available at all reasonable times for inspection by the Secretary, by any Federal officer or employee designated by the Secretary.".

1976. Act April 22, 1977, deleted ", upon forms supplied by the Secretary" following "ownership of animals as the Secretary may prescribe" and inserted "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 Act. 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.".

[ §2140 Acts ] [ §2140 Decisions ]

  §2141H  HISTORY [§ 2141. Marking and identification of animals ]

Amendments:

1970. Act Dec. 24, 1970 (effective one year after enactment on 12/24/70, as provided by § 23 of such Act, which appears as 7 USCS § 2131 note), substituted "animals" for "dogs and cats", substituted ", affecting commerce, by a dealer or exhibitor" for "in commerce by any dealer", and inserted ": Provided. That only live dogs and cats need be so marked or identified by a research facility".

1976. Act April 22, 1976, substituted "in commerce" for "affecting commerce".

[ §2141 Acts ] [ §2141 Decisions ]

§ 2142H   HISTORY [§ 2142. Humane standards and recordkeeping requirements at auction sales]

Amendments:

1970. Act Dec. 24, 1970 (effective one year after enactment on 12/24/70, as provided by § 23 of such Act, which appears as 7 USCS § 2131 note), substituted this section for one which read: "The Secretary is authorized to promulgate humane standards and recordkeeping requirements governing the purchase, handling, or sale of dogs or cats by dealers or research facilities at auction sales.".

1976. Act April 22, 1976, substituted "in commerce" for "affecting commerce" wherever appearing.

[ §2142 Acts ] [ §2142 Decisions ]

§ 2143H   HISTORY [§ 2143.  Standards and certification process for humane handling, care, treatment, and transportation of animals]

Explanatory notes:

The bracketed subsection designators have been inserted in this section to conform to the sequence of the redesignated subsections as intended by Congress.

Amendments:

1970. Act Dec. 24, 1970 (effective one year after enactment on 12/24/70, as provided by § 23 of such Act, which appears as 7 USCS § 2131 note), substituted "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. In promulgating and enforcing standards established pursuant to this section, the Secretary is authorized and directed to consult experts, including outside consultants where indicated. Nothing in this Act 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." for "The Secretary shall establish and promulgate standards to govern the humane handling, care, treatment, and transportation of animals by dealers and research facilities. Such standards shall include minimum requirements with respect to the housing, feeding, watering, sanitation, ventilation, shelter from extremes of weather and temperature, separation by species, and adequate veterinary care. The foregoing shall not be construed as authorizing the Secretary to prescribe standards for the handling, care, or treatment of animals during actual research or experimentation by a research facility as determined by such research facility.".

1976. Act April 22, 1976, designated the existing provisions as subsec. (a), and, in subsec. (a) as so designated, added "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."; and added subsecs. (b)-(d).

1985. Act Dec. 23, 1985 (effective 1 year after enactment on 12/23/85, as provided by § 1759 of such Act, which appears as 7 USCS § 2131 note) substituted this section for one which read:

"(a) 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. 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. In promulgating and enforcing standards established pursuant to this section, the Secretary is authorized and directed to consult experts, including outside consultants where indicated. Nothing in this Act 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.

"(b) 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 10 of this Act.

"(c) 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.

"(d) 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."

[ §2143 Acts ] [ §2143 Decisions ]

§ 2144H   HISTORY [§ 2144. Humane standards for animals by United States Government facilities]

Explanatory notes:

The bracketed word "section" has been inserted as the word probably intended by Congress.

Amendments:

1970. Act Dec. 24, 1970 (effective one year after enactment on 12/24/70, as provided by § 23 of such Act, which appears as 7 USCS § 2131 note), inserted "Any department, agency, or instrumentality of the United States exhibiting animals shall comply with the standards promulgated by the Secretary under section 13.".

1976. Act April 22, 1976, inserted "and other requirements".

1985. Act Dec. 23, 1985 (effective 1 year after enactment on 12/23/85, as provided by § 1759 of such Act, which appears as 7 USCS § 2131 note) substituted "sections 13(a), (f), (g), and (h)" for "section 13" each place it appears.

[ §2144 Acts ] [ §2144 Decisions ]

§ 2145H HISTORY [§ 2145. Consultation and cooperation with Federal, State, and local governmental bodies by Secretary of Agriculture]

Amendments:

1970. Act Dec. 24, 1970 (effective one year after enactment on 12/24/70, as provided by § 23 of such Act, which appears as 7 USCS § 2131 note), in subsec. (a), substituted ", experimentation or exhibition" for "or experimentation"; and, in subsec. (b), substituted "carrying out" for "effectuating".

1976. Act April 22, 1976, in subsec. (a), inserted ", or administration of statutes regulating the transportation in commerce or handling in connection therewith of any animals" and inserted "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 Interstate Commerce Commission, the Civil Aeronautics Board, 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.".

1984. Act Oct. 4, 1984 (effective 1/1/85, as provided by § 9(v) of such Act, which appears as 5 USCS § 5314 note), in subsec. (a), substituted "Secretary of Transportation" for "Civil Aeronautics Board" preceding "and the Federal Maritime Board".

1985. Act Dec. 23, 1985 (effective 1 year after enactment on 12/23/85, as provided by § 1759 of such Act, which appears as 7 USCS § 2131 note), in subsec. (a), inserted "The Secretary shall consult with the Secretary of Health and Human Services prior to issuance of regulations.".

1995. Act Dec. 29, 1995 (effective 1/1/96, as provided by § 2 of such Act, which appears as 49 USCS § 701 note), in subsec. (a), substituted "Surface Transportation Board" for "Interstate Commerce Commission".

[ §2145 Acts ] [ §2145 Decisions ]

    §2146H   HISTORY [§ 2146. Administration and enforcement by Secretary ]

References in text:

"Title II of the 'Organized Crime Control Act of 1970' (62 Stat. 856; 18 U.S.C. 6001 et seq.)", referred to in this section, is Title II of Act Oct. 15, 1970, P.L. 91-452, 84 Stat. 926, which appears generally as 18 USCS §§ 6001 et seq. For full classification of such Title, consult USCS Tables volumes.

Amendments:

1970. Act Dec. 24, 1970 (effective 30 days after enactment on 12/24/70, as provided by § 23 of such Act, which appears as 7 USCS § 2131 note), substituted "(a) The Secretary shall make such investigations or inspections as he deems necessary to determine whether any dealer, exhibitor, research facility, or operator of an auction sale subject to section 12 of this Act, has violated or is violating any provision of this Act 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 10 of any such dealer, exhibitor, research facility, or operator of an auction sale. 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 Act 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, or (4) such animal is held by an operator of an auction sale." for "The Secretary shall make such investigations or inspections as he deems necessary to determine whether any dealer or research facility has violated or is violating any provision of this Act or any regulation issued thereunder. The Secretary shall promulgate such rules and regulations as he deems necessary to permit inspectors to confiscate or destroy in a humane manner any animals found to be suffering as a result of a failure to comply with any provision of this Act or any regulation issued thereunder if (1) such animals are held by a dealer, or (2) such animals are held by a research facility and are no longer required by such research facility to carry out the research, test, or experiment for which such animals have been utilized."; and added subsecs. (b) and (c).

1976. Act April 22, 1976, in subsec. (a), inserted "intermediate handler, carrier,", deleted "or" preceding "(4)", and inserted ", or (5) such animal is held by an intermediate handler or a carrier"; and, in subsec. (c), substituted "section 19(c)" for "sections 19(b) and 20(b)".

1985. Act Dec. 23, 1985 (effective 1 year after enactment on 12/23/85, as provided by § 1759 of such Act, which appears as 7 USCS § 2131 note), in subsec. (a), inserted the sentence beginning "The Secretary shall inspect . . . .".

1990. Act Nov. 28, 1990, in subsec. (c), inserted "and the regulations and standards promulgated under this Act".

[ §2146 Acts ] [ §2146 Decisions ]

§ 2147H   HISTORY [§ 2147. Inspection by legally constituted law enforcement]

Amendments:

1970. Act Dec. 24, 1970 (effective 30 days after enactment on 12/24/70, as provided by § 23 of such Act, which appears as 7 USCS § 2131 note), substituted "promulgate rules and regulations requiring dealers, exhibitors, research facilities, and operators of auction sales subject to section 12 of this Act" for "issue rules and regulations requiring licensed dealers and research facilities".

[ §2147 Acts ] [ §2147 Decisions ]

§2148 H   [Importation of live dogs ]

HISTORY

(Pub.L. 89-544, § 18, as added Pub.L. 110-234, Title XIV, § 14210(a), May 22, 2008, 122 Stat. 1464;

Pub.L. 110-246, § 4(a), Title XIV, § 14210(a), June 18, 2008, 122 Stat. 1664, 2226.)

HISTORICAL AND STATUTORY NOTES

Revision Notes and Legislative Reports
2008 Acts. House Conference Report No. 110-627, see 2008 U.S. Code Cong. and Adm. News, p. 147, 536.

Effective and Applicability Provisions

2008 Acts. Pub.L. 110-234, Title XIV, § 14210(b), May 22, 2008, 122 Stat. 1464, and Pub.L. 110-246,

Title XIV, § 14210(b), June 18, 2008, 122 Stat. 2226, provided that: “The amendment made by subsection

(a) [enacting this section] takes effect on the date of the enactment of this Act [June 18, 2008]”.

Repeals

Pub.L. 110-234 repealed effective May 22, 2008, see Repeal of Duplicative Enactment by Pub.L. 110-246, §

4(a), set out in a note under 7 U.S.C.A. § 8701.

Prior Provisions

A prior section 2148, Pub.L. 89-544, § 18, Aug. 24, 1966, 80 Stat. 352, which 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, was repealed by Pub.L. 91-579, § 19, Dec. 24, 1970, 84 Stat. 1564. See, now, 7 U.S.C.A. § 2143.

[ §2148 Acts ] [ §2148 Decisions ]

§ 2149H    HISTORY [§ 2149. Violations by licensees]

HISTORY:

(Pub.L. 89-544, § 19, Aug. 24, 1966, 80 Stat. 352; Pub.L. 91-579, § 20, Dec. 24, 1970, 84 Stat. 1564;

Pub.L. 94-279, § 13, Apr. 22, 1976, 90 Stat. 420; Pub.L. 99-198, Title XVII, § 1755, Dec. 23, 1985, 99

Stat. 1650; Pub.L. 101-650, Title III, § 321, Dec. 1, 1990, 104 Stat. 5117; Pub.L. 110-234, Title XIV, § 14214, May 22, 2008, 122 Stat. 1466; Pub.L. 110-246, § 4(a), Title XIV, § 14214, June 18, 2008, 122 Stat. 1664, 2228.)

HISTORICAL AND STATUTORY NOTES

Revision Notes and Legislative Reports

1966 Acts. Senate Report No. 1281, Conference Report No. 1848, see 1966 U.S.Code Cong. and Adm.News, p. 2635.

1970 Acts. House Report No. 91-1651, see 1970 U.S.Code Cong. and Adm.News, p. 5103.

1976 Acts. House Report No. 94-801, House Conference Report No. 94-976, see 1976 U.S.Code Cong. and Adm.News, p. 758.

2008 Acts. House Conference Report No. 110-627, see 2008 U.S. Code Cong. and Adm. News, p. 147, 536.

Amendments:

2008 Amendments. Subsec. (b). Pub.L. 110-234, § 14214, and Pub.L. 110-246, § 14214, made identical amendments which struck out “not more than $2,500 for each such violation” and inserted “not more than $10,000 for each such violation”.

1985 Amendments. Subsec. (b). Pub.L. 99-198, § 1755(a)(1), substituted “$2,500 for each such violation” for “$1,000 for each such violation”.

Pub.L. 99-198, § 1755(a)(2), substituted “$1,500 for each offense” for “$500 for each offense”.

Subsec. (d). Pub.L. 99-198, § 1755(b), substituted “$2,500” for “$1,000”.

1976 Amendments. 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 Amendments. 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.

1970. Act Dec. 24, 1970 (effective 30 days after enactment on 12/24/70, as provided by § 23 of such Act, which appears as 7 USCS § 2131 note), substituted subsecs. (a) and (b) for ones which read:

"(a) If the Secretary has reason to believe that any person licensed as a dealer has violated or is violating any provision of this Act or any of the rules or regulations promulgated by the Secretary hereunder, the Secretary may suspend such person's license temporarily, but not to exceed twenty-one 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 and may make an order that such person shall cease and desist from continuing such violation.

"(b) Any dealer aggrieved by a final order of the Secretary issued pursuant to subsection (a) of this section may, within sixty days after entry of such an order, seek review of such order in the manner provided in section 10 of the Administrative Procedure Act.".

Such Act further, in subsec. (c), inserted ", exhibitor or operator of an auction sale subject to section 12 of this Act,".

1976. Act April 22, 1976, substituted this section for one which read:

"(a) If the Secretary has reason to believe that any dealer, exhibitor, or operator of an auction sale subject to section 12 of this Act, has violated or is violating any provisions of this Act, or any of the rules or regulations or standards promulgated by the Secretary hereunder, he may make an order that such person shall cease and desist from continuing such violation, and if such person is licensed under this Act, the Secretary may also suspend such person's license temporarily, but not to exceed twenty-one 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. Any dealer, exhibitor, or operator of an auction sale subject to section 12 of this Act, 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 $500 for each offense, and each day during which such failure continues, shall be deemed a separate offense.

"(b) Any dealer, exhibitor, or operator of an auction sale aggrieved by a final order of the Secretary issued pursuant to subsection (a) of this section may, within sixty days after entry of such an order, seek review of such order in the United States court of appeals for the circuit in which such person has his principal place of business, or in the United States Court of Appeals for the District of Columbia Circuit, in accordance with the provisions of sections 701-706 of title 5, United States Code. Judicial review of any such order shall be upon the record upon which the final determination and order of the Secretary were based.

"(c) Any dealer, exhibitor or operator of an auction sale subject to section 12 of this Act, who violates any provision of this Act shall, on conviction thereof, be subject to imprisonment for not more than one year or a fine of not more than $1,000, or both.".

1985. Act Dec. 23, 1985 (effective 1 year after enactment on 12/23/85, as provided by § 1759 of such Act, which appears as 7 USCS § 2131 note), in subsec. (b), substituted "$2,500 for each such violation" for "$1,000 for each such violation", and substituted "$1,500 for each offense" for "$500 for each offense"; and in subsec. (d), substituted "$2,500" for "$1,000".

Explanatory notes:

The bracketed words "United States magistrate judges" were inserted on the authority of Act Dec. 1, 1990, P.L. 101-650, Title III, § 321, which appears as 28 USCS §§ 631 note.

[ §2149 Acts ] [ §2149 Decisions ]

§2150H   [Repealed] 

HISTORY

This section (Act Aug. 24, 1966, P.L. 89-544, § 20, 80 Stat. 353; Dec. 24, 1970, P.L. 91-579, § 21, 84 Stat. 1565) was repealed by Act April 22, 1976, P.L. 94-279, § 14, 90 Stat. 421. This section provided for issuance of cease and desist orders if Secretary had reason to believe that any research facility had violated any provision of 7 USCS §§ 2131 et seq., provided for a civil penalty, and provided appeal mechanism by which aggrieved person might have judicial review of such final order by Secretary. For similar provisions, see 7 USCS § 2149.

[ §2150 Acts ] [ §2150 Decisions ]

§ 2151H    Rules and regulations

HISTORY: (Aug. 24, 1966, P.L. 89-544, § 21, 80 Stat. 353.)[§ 2151. Rules and regulations]

[ §2151 Acts ] [ §2151 Decisions ]

[§2152H.    Separability]

[ §2152 Acts ] [ §2152 Decisions ]

§ 2153H   HISTORY [§ 2153. Fees and authorization of appropriations]

Amendments:

1976. Act April 22, 1976, inserted ": 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 26 of this Act 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".

[ §2153 Acts ] [ §2153 Decisions ]

§2154H    HISTORY [§ 2154. Effective dates ]

References in text:

"The Animal Welfare Act Amendments of 1976", referred to in this section, is Act April 22, 1976, P.L. 94-279 90 Stat. 417, which amended this section, among other things. For full classification of such Act, consult USCS Tables volumes.

"Paragraphs (b), (c), and (d) of section 13", referred to in this section, were redesignated subsecs. (f), (g), and (h) of section 13, which appears as 7 USCS § 2143.

Amendments:

1976. Act April 22, 1976, inserted "Notwithstanding the other provisions of this section, compliance by intermediate handlers, and carriers, and other persons with those provisions of this Act, 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 13 of this Act, as amended, with respect to intermediate handlers and carriers, and such regulations shall be promulgated no later than 9 months after the enactment of the Animal Welfare Act Amendments of 1976; and compliance by dealers, exhibitors, operators of auction sales, and research facilities with other provisions of this Act, as so amended, and the regulations thereunder, shall commence upon the expiration of 90 days after enactment of the Animal Welfare Act Amendments of 1976: Provided, however, That compliance by all persons with paragraphs (b), (c), and (d) of section 13 and with section 26 of this Act, as so amended, shall commence upon the expiration of said ninety-day period. In all other respects, said amendments shall become effective upon the date of enactment.".

[ §2154 Acts ] [ §2154 Decisions ]

§2155H  HISTORY [§ 2155. Omitted]

HISTORICAL AND STATUTORY NOTES

Codifications

Section, Pub.L. 89-544, § 25, as added Pub.L. 91-579, § 22, Dec. 24, 1970, 84 Stat. 1565, and amended Pub.L. 94-279, § 16, Apr. 22, 1976, 90 Stat. 421; Pub.L. 104-66, Title I, § 1012(a), Dec. 21, 1995, 109

Stat. 711, which required the Secretary 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 activities related to carrying out this chapter, terminated, effective May 15, 2000, pursuant to Pub.L. 104-66, § 3003, as amended, set out as a note under 31 U.S.C.A. § 1113. See, also, page 44 of House Document No. 103-7.

Former Text:

Not later than March of each year following the enactment of the "Animal Welfare Act of 1970" [enacted Dec. 24, 1970], the Secretary shall submit to the President of the Senate and the Speaker of the House

of Representatives a comprehensive and detailed written report with respect to--

(1) the identification of all research facilities, exhibitors, and other persons and establishments licensed by the Secretary under section 3 and section 12 of this Act

(2) the nature and place of all investigations and inspections conducted by the Secretary under section 16 of this Act, and all reports received by the Secretary under section 13 of this Act;

(3) recommendations for legislation to improve the administration of this Act or any provisions thereof;

(4) recommendations and conclusions concerning the aircraft environment as it relates to the carriage of live animals in air transportation; and

(5) the information and recommendations described in section 11 of the Horse Protection Act of 1970 (15 U.S.C. 1830).

This report as well as any supporting documents, data, or findings shall not be released to any other persons, non-Federal agencies, or organizations unless and until it has been made public by an appropriate committee of the Senate or the House of Representatives.

[ §2155 Acts ] [ §2155 Decisions ]

§ 2156H   HISTORY [§ 2156. Animal fighting venture prohibition]

Revision Notes and Legislative Reports

1976 Acts. House Report No. 94-801, House Conference Report No. 94-976, see 1976 U.S.Code Cong. and Adm.News, p. 758.

2002 Acts. House Conference Report No. 107-424 and Statement by President, see 2002 U.S. Code Cong. and Adm. News, p. 141.

2007 Acts. House Report No. 110-27(Part I), see 2007 U.S. Code Cong. and Adm. News, p. 37.

2008 Acts. House Conference Report No. 110-627, see 2008 U.S. Code Cong. and Adm. News, p. 147, 536.

Codifications

Pub.L. 110-234, Title XIV, § 14207(a)(1)(B), May 22, 2008, 122 Stat. 1461 and Pub.L. 110-246, Title XIV, § 14207(a)(1)(B), June 18, 2008, 122 Stat. 2223 which directed the striking out of “state” and the insertion of “State” in the heading of par. (2) of subsec. (a), was executed by striking out “states' and inserting “State” as the probable intent of Congress.

Section consists of section 26 of Pub.L. 89-544, as added by Pub.L. 94-279. Subsec. (i)(2) of section 26 of Pub.L. 89-544, as added by Pub.L. 94-279, shown as omitted, amended 39 U.S.C.A. § 3001(a).

Amendments

2014 Amendments. Subsec. (a).  Pub.L. 113-79, § 12308(b)(1)(A), in the subsec. heading, struck out “Sponsoring or exhibiting an animal in” and inserted “Sponsoring or exhibiting an animal in, attending, or causing an individual who has not attained the age of 16 to attend,”.

Subsec. (a)(1).  Pub.L. 113-79, § 12308(b)(1)(B)(i), in the par. heading, struck out “In general” and inserted “Sponsoring or exhibiting”.

Subsec. (a)(1).  Pub.L. 113-79, § 12308(b)(1)(B)(ii), struck out “paragraph (2)” and inserted “paragraph (3)”.

Subsec. (a)(2).  Pub.L. 113-79, § 12308(b)(1)(B)(iii), (iv), redesignated former par. (2) as (3) and added a new par. (2).

Subsec. (a)(3).  Pub.L. 113-79, § 12308(b)(1)(B)(iii), redesignated former par. (2) as (3).

2008 Amendments. Subsec. (a)(1). Pub.L. 110-234, § 14207(a)(1)(A), and Pub.L. 110-246, § 14207(1)(A), made identical amendments which struck out “, if any animal in the venture was moved in interstate or foreign commerce” following “in an animal fighting venture”.

Subsec. (a)(2). Pub.L. 110-234, § 14207(a)(1)(B), and Pub.L. 110-246, § 14207(a)(1)(B), made identical amendments which in the heading of par. (2), directed the striking out of “state” and inserting “State”, and was executed by striking out “states” and inserting “State”. See Codifications note under this section.

Subsec. (b). Pub.L. 110-234, § 14207(a)(2)(A), and Pub.L. 110-246, § 14207(a)(2)(A), made identical amendments which provided the heading for subsec. (b).

Pub.L. 110-234, § 14207(a)(2)(B), and Pub.L. 110-245, § 14207(a)(2)(B), made identical amendments which struck out “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” and inserted “possess, train, transport, deliver, or receive any animal for purposes of having the animal participate”.

Subsec. (c). Pub.L. 110-234, § 14207(a)(3)(A), and Pub.L. 110-246, § 14207(a)(3)(A), made identical amendments which provided the heading for subsec. (c).

Pub.L. 110-234, § 14207(a)(3)(B), and Pub.L. 110-246, § 14207(a)(3)(B), made identical amendments which inserted “advertising an animal, or an instrument described in subsection (e), for use in an animal fighting venture,” after “for purposes of”.

Subsec. (d). Pub.L. 110-234, § 14207(a)(4), and Pub.L. 110-246, § 14207(a)(4), made identical amendments which provided the heading for subsec. (d).

Subsec. (e). Pub.L. 110-234, § 14207(a)(5), and Pub.L. 110-246, § 14207(a)(5), made identical amendments which provided the heading for subsec. (e).

Subsec. (f). Pub.L. 110-234, § 14207(a)(6)(A), and Pub.L. 110-246, § 14207(a)(6)(A), made identical amendments which provided the heading for subsec. (f).

Pub.L.110-234, § 14207(a)(6)(B)(i), and Pub.L. 110-246, § 14207(a)(6)(B)(i), made identical amendments which in the last sentence struck out “by the United States” following “Costs incurred”.

Pub.L. 110-234, § 14207(a)(6)(B)(ii), and Pub.L. 110-246, § 14207(a)(6)(B)(ii), made identical amendments which in the last sentence inserted “(1)” after “owner of the animals”.

Pub.L. 110-234, § 14207(a)(6)(B)(iii), and Pub.L. 110-246, § 14207(a)(6)(B)(iii), made identical amendments which in the last sentence struck out “proceeding or in” and inserted “proceeding, or (2) in”.

Subsec. (g). Pub.L. 110-234, § 14207(a)(7)(A), and Pub.L. 110-246, § 14207(a)(7)(A), made identical amendments which provided the subsec. (g) heading, and in the matter preceding par. (1) substituted “In” for “For purposes of”.

Subsec. (g)(1). Pub.L. 110-234, § 14207(a)(7)(B), and Pub.L. 110-246, § 14207(a)(7)(B), made identical amendments which struck out “any event which involves a fight between at least two animals and is conducted for purposes of sport, wagering, or entertainment” and inserted “any event, in or affecting interstate or foreign commerce, that involves a fight conducted or to be conducted between at least 2 animals for purposes of sport, wagering, or entertainment,”.

Subsec. (g)(2). Pub.L. 110-234, § 14207(a)(7)(C), (E), and Pub.L. 110-246, § 14207(a)(7)(C), (E), made identical amendments which struck out par. (2) and redesignated former par. (3) as par (2). Prior to being stricken, par. (2) formerly read: “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;”

Subsec. (g)(3). Pub.L. 110-234, § 14207(a)(7)(E), and Pub.L. 110-246, § 14207(a)(7)(E), redesignated former par. (3) as par (2). Former par. (4) was redesignated as par (3).

Subsec. (g)(4). Pub.L. 110-234, § 14207(a)(7)(E), and Pub.L. 110-246, § 14207(a)(7)(E), made identical amendments which redesignated former par. (4) and par. (3). Former par. (5) was redesignated as par. (4).

Subsec. (g)(5). Pub.L. 110-234, § 14207(a)(7)(D)(i), and Pub.L. 110-246, § 14207(a)(7)(D)(i), made identical amendments which struck out “dog or other”.

Pub.L. 110-234, § 14207(a)(7)(D)(ii), and Pub.L. 110-246, § 14207(a)(7)(D)(ii), made identical amendments which struck out “; and” and inserted a period.

Pub.L. 110-234, § 14207(a)(7)(E), and Pub.L. 110-246, § 14207(a)(7)(E), made identical amendments which redesignated former par. (5) as par. (4).

Subsec. (g)(6). Pub.L. 110-234, § 14207(a)(8), (11), and Pub.L. 110-246, § 14207(a)(8), (11), made identical amendments which struck out “(6) the conduct” and inserted the heading for subsec. (h), in effect redesignating former subsec. (g)(6) as subsec. (h). Former subsec. (h) redesignated (i).

Subsec. (h). Pub.L. 110-234, § 14207(a)(8), (11), and Pub.L. 110-246, § 14207(a)(8)(11), made identical amendments which in effect redesignated former subsec. (g)(6) as subsec. (h). Former subsec. (h) redesignated subsec. (i).

Subsec. (i), (j). Pub.L. 110-234, § 14207(a)(8) to (10), and Pub.L. 110-246, § 14207(a)(8) to (10), made identical amendments which redesignated former subsecs. (h) and (i) as subsecs. (i) and (j), and provided headings for subsecs. (i), (i)(1), and (j) as so redesignated.

2007 Amendments. Subsec. (c). Pub.L. 110-22, § 3(1), struck out “interstate instrumentality” and inserted “instrumentality of interstate commerce for commercial speech”.

Subsec. (d). Pub.L. 110-22, § 3(2), struck out “such subsections” and inserted “such subsection”.

Subsec. (e). Pub.L. 110-22, § 3(3), rewrote subsec. (e), which formerly read:
“(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.”

Subsec. (g)(1). Pub.L. 110-22, § 3(4)(A), at the end of the paragraph, struck out “or animals, such as waterfowl, bird, raccoon, or fox hunting”.

Subsec. (g)(3). Pub.L. 110-22, § 3(4)(B), rewrote par. (3), which formerly read: “the term ‘interstate instrumentality’ means telegraph, telephone, radio, or television operating in interstate or foreign commerce;”.

Subsec. (i). Pub.L. 110-22, § 3(5), added subsec. (i).

2002 Amendments. Subsec. (a). Pub.L. 107-171, § 10302(a)(1), rewrote subsec. (a), which formerly read:

(a) “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, § 10302(a)(2), struck out “or deliver to another person or receive from another person” and inserted “deliver, or receive”.

Subsec. (d). Pub.L. 107-171, § 10302(a)(3), struck out “subsections (a), (b), or (c) of this section” and inserted “subsection (c) of this section”.

Subsec. (e). Pub.L. 107-171, § 10303(a)(1), inserted “Penalties” after “(e)”; struck out “$5,000” and inserted “$15,000”.

Subsec. (g)(2)(B). Pub.L. 107-171, § 10303(a)(2), inserted before the semicolon at the end “or from any State into any foreign country”.

Effective and Applicability Provisions

2008 Acts. Amendments by Pub.L. 110-246, except as otherwise provided, shall take effect on the earlier of June 18, 2008, or May 22, 2008, see Pub.L. 110-246, § 4(b), set out in a Repeal of Duplicative Enactment note under 7 U.S.C.A. § 8701.

2002 Acts. Pub.L. 107-171, Title X, § 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, § 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].”

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 28 U.S.C.A. § 631.

[ §2156 Acts ] [ §2156 Decisions ]

§ 2157H   HISTORY [§ 2157. Release of trade secrets ]

Effective date of section:

Act Dec. 23, 1985, P.L. 99-198, Title XVII, § 1759, 99 Stat. 1650, which appears as 7 USCS § 2131 note, provides that this section, as enacted by such Act, shall take effect 1 year after enactment on Dec. 23, 1985.

[ §2157 Acts ][ §2157 Decisions ]

§ 2158H   HISTORY [§ 2158. Protection of Pets]

Amendments:

1991. Act Dec. 13, 1991 (effective upon enactment as provided by § 1101(a) of such Act, which appears as 7 USCS § 1421 note), in subsec. (b)(2)(F), substituted "subsection (a)" for "subsection (b)".

[ §2158 Acts ] [ §2158 Decisions ]

[§ 2159H   HISTORY [Authority to apply for injunctions]

[ §2159 Acts ] [ §2159 Decisions ]