---
kind: "range"
citation: "15 U.S.C. §§ 1821–1831"
title: "15"
from: "1821"
to: "1831"
count: 12
release: "119-102"
url: "https://uscodex.org/usc/15/1821..1831"
---

# §1821. Definitions


As used in this chapter unless the context otherwise requires:

- (1) The term “management” means any [person](/usc/15/78m.md?p=h-8-E) who organizes, exercises control over, or administers or who is responsible for organizing, directing, or administering.
- (2) The term “Secretary” means the Secretary of Agriculture.
- (3) The term “sore” when used to describe a horse means that—
  - (A) an irritating or blistering agent has been applied, internally or externally, by a [person](/usc/15/78m.md?p=h-8-E) to any limb of a horse,
  - (B) any burn, cut, or laceration has been inflicted by a [person](/usc/15/78m.md?p=h-8-E) on any limb of a horse,
  - (C) any tack, nail, screw, or chemical agent has been injected by a [person](/usc/15/78m.md?p=h-8-E) into or used by a [person](/usc/15/78m.md?p=h-8-E) on any limb of a horse, or
  - (D) any other substance or device has been used by a [person](/usc/15/78m.md?p=h-8-E) on any limb of a horse or a [person](/usc/15/78m.md?p=h-8-E) has engaged in a practice involving a horse,

  and, as a result of such [application](/usc/15/77ccc.md?p=8), infliction, injection, use, or practice, such horse suffers, or can reasonably be expected to suffer, physical pain or distress, inflammation, or lameness when walking, trotting, or otherwise moving, except that such term does not include such an [application](/usc/15/77ccc.md?p=8), infliction, injection, use, or practice in connection with the therapeutic treatment of a horse by or under the supervision of a [person](/usc/15/78m.md?p=h-8-E) licensed to practice veterinary medicine in the [State](#4) in which such treatment was given.

- (4) The term “State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands.

# §1822. Congressional statement of findings


The Congress finds and declares that—

- (1) the soring of horses is cruel and inhumane;
- (2) horses shown or exhibited which are [sore](/usc/15/1821.md?p=3), where such soreness improves the performance of such horse, compete unfairly with horses which are not [sore](/usc/15/1821.md?p=3);
- (3) the movement, showing, exhibition, or sale of [sore](/usc/15/1821.md?p=3) horses in intrastate commerce adversely affects and burdens interstate and foreign commerce;
- (4) all horses which are subject to regulation under this chapter are either in interstate or foreign commerce or substantially affect such commerce; and
- (5) regulation under this chapter by the [Secretary](/usc/15/1821.md?p=2) is appropriate to prevent and eliminate burdens upon commerce and to effectively regulate commerce.

# §1823. Horse shows and exhibitions

- (a) **Disqualification of horses—** The [management](/usc/15/1821.md?p=1) of any horse show or horse exhibition shall disqualify any horse from being shown or exhibited (1) which is [sore](/usc/15/1821.md?p=3) or (2) if the [management](/usc/15/1821.md?p=1) has been notified by a [person](/usc/15/78m.md?p=h-8-E) appointed in accordance with regulations under [subsection (c)](#c) or by the [Secretary](/usc/15/1821.md?p=2) that the horse is [sore](/usc/15/1821.md?p=3).
- (b) **Prohibited activities—** The [management](/usc/15/1821.md?p=1) of any horse sale or auction shall prohibit the sale or auction or exhibition for the purpose of sale of any horse (1) which is [sore](/usc/15/1821.md?p=3) or (2) if the [management](/usc/15/1821.md?p=1) has been notified by a [person](/usc/15/78m.md?p=h-8-E) appointed in accordance with regulations under [subsection (c)](#c) or by the [Secretary](/usc/15/1821.md?p=2) that the horse is [sore](/usc/15/1821.md?p=3).
- (c) **Appointment of inspectors; manner of inspections—** The [Secretary](/usc/15/1821.md?p=2) shall prescribe by regulation requirements for the appointment by the [management](/usc/15/1821.md?p=1) of any horse show, horse exhibition, or horse sale or auction of [persons](/usc/15/78m.md?p=h-8-E) qualified to detect and diagnose a horse which is [sore](/usc/15/1821.md?p=3) or to otherwise inspect horses for the purposes of enforcing this chapter. Such requirements shall prohibit the appointment of [persons](/usc/15/78m.md?p=h-8-E) who, after notice and opportunity for a hearing, have been disqualified by the [Secretary](/usc/15/1821.md?p=2) to make such detection, diagnosis, or inspection. Appointment of a [person](/usc/15/78m.md?p=h-8-E) in accordance with the requirements prescribed under this subsection shall not be construed as authorizing such [person](/usc/15/78m.md?p=h-8-E) to conduct inspections in a manner other than that prescribed for inspections by the [Secretary](/usc/15/1821.md?p=2) (or the [Secretary](/usc/15/1821.md?p=2)’s representative) under [subsection (e)](#e).
- (d) **Recordkeeping and reporting requirements; availability of records—** The [management](/usc/15/1821.md?p=1) of a horse show, horse exhibition, or horse sale or auction shall establish and maintain such records, make such reports, and provide such information as the [Secretary](/usc/15/1821.md?p=2) may by regulation reasonably require for the purposes of implementing this chapter or to determine compliance with this chapter. Upon request of an officer or employee duly designated by the [Secretary](/usc/15/1821.md?p=2), such [management](/usc/15/1821.md?p=1) shall permit entry at all reasonable times for the inspection and copying (on or off the premises) of records required to be maintained under this subsection.
- (e) **Inspection by Secretary or duly appointed representative—** For purposes of enforcement of this chapter (including any regulation promulgated under this chapter) the [Secretary](/usc/15/1821.md?p=2), or any representative of the [Secretary](/usc/15/1821.md?p=2) duly designated by the [Secretary](/usc/15/1821.md?p=2), may inspect any horse show, horse exhibition, or horse sale or auction or any horse at any such show, exhibition, sale, or auction. Such an inspection may only be made upon presenting appropriate credentials. Each such inspection shall be commenced and completed with reasonable promptness and shall be conducted within reasonable limits and in a reasonable manner. An inspection under this subsection shall extend to all things (including rec­ords) bearing on whether the requirements of this chapter have been complied with.

# §1824. Unlawful acts


The following conduct is prohibited:

- (1) The shipping, transporting, moving, delivering, or receiving of any horse which is [sore](/usc/15/1821.md?p=3) with reason to believe that such horse while it is [sore](/usc/15/1821.md?p=3) may be shown, exhibited, entered for the purpose of being shown or exhibited, sold, auctioned, or offered for sale, in any horse show, horse exhibition, or horse sale or auction; except that this paragraph does not apply to the shipping, transporting, moving, delivering, or receiving of any horse by a common or contract carrier or an employee thereof in the usual course of the carrier’s business or employee’s employment unless the carrier or employee has reason to believe that such horse is [sore](/usc/15/1821.md?p=3).
- (2) The (A) showing or exhibiting, in any horse show or horse exhibition, of any horse which is [sore](/usc/15/1821.md?p=3), (B) entering for the purpose of showing or exhibiting in any horse show or horse exhibition, any horse which is [sore](/usc/15/1821.md?p=3), (C) selling, auctioning, or offering for sale, in any horse sale or auction, any horse which is [sore](/usc/15/1821.md?p=3), and (D) allowing any activity described in clause (A), (B), or (C) respecting a horse which is [sore](/usc/15/1821.md?p=3) by the owner of such horse.
- (3) The failure by the [management](/usc/15/1821.md?p=1) of any horse show or horse exhibition, which does not appoint and retain a [person](/usc/15/78m.md?p=h-8-E) in accordance with [section 1823(c) of this title](/usc/15/1823.md?p=c), to disqualify from being shown or exhibited any horse which is [sore](/usc/15/1821.md?p=3).
- (4) The failure by the [management](/usc/15/1821.md?p=1) of any horse sale or auction, which does not appoint and retain a qualified [person](/usc/15/78m.md?p=h-8-E) in accordance with [section 1823(c) of this title](/usc/15/1823.md?p=c), to prohibit the sale, offering for sale, or auction of any horse which is [sore](/usc/15/1821.md?p=3).
- (5) The failure by the [management](/usc/15/1821.md?p=1) of any horse show or horse exhibition, which has appointed and retained a [person](/usc/15/78m.md?p=h-8-E) in accordance with [section 1823(c) of this title](/usc/15/1823.md?p=c), to disqualify from being shown or exhibited any horse (A) which is [sore](/usc/15/1821.md?p=3), and (B) after having been notified by such [person](/usc/15/78m.md?p=h-8-E) or the [Secretary](/usc/15/1821.md?p=2) that the horse is [sore](/usc/15/1821.md?p=3) or after otherwise having knowledge that the horse is [sore](/usc/15/1821.md?p=3).
- (6) The failure by the [management](/usc/15/1821.md?p=1) of any horse sale or auction which has appointed and retained a [person](/usc/15/78m.md?p=h-8-E) in accordance with [section 1823(c) of this title](/usc/15/1823.md?p=c), to prohibit the sale, offering for sale, or auction of any horse (A) which is [sore](/usc/15/1821.md?p=3), and (B) after having been notified by such [person](/usc/15/78m.md?p=h-8-E) or the [Secretary](/usc/15/1821.md?p=2) or after otherwise having knowledge that the horse is [sore](/usc/15/1821.md?p=3).
- (7) The showing or exhibiting at a horse show or horse exhibition; the selling or auctioning at a horse sale or auction; the allowing to be shown, exhibited, or sold at a horse show, horse exhibition, or horse sale or auction; the entering for the purpose of showing or exhibiting in any horse show or horse exhibition; or offering for sale at a horse sale or auction, any horse which is wearing or bearing any equipment, device, paraphernalia, or substance which the [Secretary](/usc/15/1821.md?p=2) by regulation under [section 1828 of this title](/usc/15/1828.md) prohibits to prevent the soring of horses.
- (8) The failing to establish, maintain, or submit records, notices, reports, or other information required under [section 1823 of this title](/usc/15/1823.md).
- (9) The failure or refusal to permit access to or copying of records, or the failure or refusal to permit entry or inspection, as required by [section 1823 of this title](/usc/15/1823.md).
- (10) The removal of any marking required by the [Secretary](/usc/15/1821.md?p=2) to identify a horse as being detained.
- (11) The failure or refusal to provide the [Secretary](/usc/15/1821.md?p=2) with adequate space or facilities, as the [Secretary](/usc/15/1821.md?p=2) may by regulation under [section 1828 of this title](/usc/15/1828.md) prescribe, in which to conduct inspections or any other activity authorized to be performed by the [Secretary](/usc/15/1821.md?p=2) under this chapter.

# §1824a. Export of horses

- (a) **Restriction on export of horses—** Notwithstanding any other provision of law, no horse may be exported by sea from the United States, or any of its territories or possessions, unless such horse is part of a consignment of horses with respect to which a waiver has been granted under [subsection (b)](#b).
- (b) **Granting of waivers—** The [Secretary](/usc/15/1821.md?p=2) of Commerce, in consultation with the [Secretary](/usc/15/1821.md?p=2) of Agriculture, may issue regulations providing for the granting of waivers permitting the export by sea of a specified consignment of horses, if the [Secretary](/usc/15/1821.md?p=2) of Commerce, in consultation with the [Secretary](/usc/15/1821.md?p=2) of Agriculture, determines that no horse in that consignment is being exported for purposes of slaughter.
- (c) **Penalties—**
  - (1) **Criminal penalty—** Any [person](/usc/15/78m.md?p=h-8-E) who knowingly violates this section or any regulation, [order](/usc/15/8702.md?p=14), or [license](/usc/15/662.md?p=7) issued under this section shall be fined not more than 5 times the value of the consignment of horses involved or $50,000, whichever is greater, or imprisoned not more than 5 years, or both.
  - (2) **Civil penalty—** The [Secretary](/usc/15/1821.md?p=2) of Commerce, after providing notice and an opportunity for an agency hearing on the record, may impose a civil penalty of not to exceed $10,000 for each [violation](/usc/15/57b–1.md?p=a-7) of this section or any regulation, [order](/usc/15/8702.md?p=14), or [license](/usc/15/662.md?p=7) issued under this section, either in addition to or in lieu of any other liability or penalty which may be imposed.

# §1825. Violations and penalties

- (a) **Criminal acts and penalties—**
  - (1) Except as provided in paragraph (2) of this subsection, any [person](/usc/15/78m.md?p=h-8-E) who knowingly violates [section 1824 of this title](/usc/15/1824.md) shall, upon conviction thereof, be fined not more than $3,000, or imprisoned for not more than one year, or both.
  - (2)
    - (A) If any [person](/usc/15/78m.md?p=h-8-E) knowingly violates [section 1824 of this title](/usc/15/1824.md), after one or more prior convictions of such [person](/usc/15/78m.md?p=h-8-E) for such a [violation](/usc/15/57b–1.md?p=a-7) have become final, such [person](/usc/15/78m.md?p=h-8-E) shall, upon conviction thereof, be fined not more than $5,000, or imprisoned for not more than two years, or both.
    - (B) Any [person](/usc/15/78m.md?p=h-8-E) who knowingly makes, or causes to be made, a false entry or statement in any report required under this chapter; who knowingly makes, or causes to be made, any false entry in any [account](/usc/15/1681a.md?p=r-4), record, or memorandum required to be established and maintained by any [person](/usc/15/78m.md?p=h-8-E) or in any notification or other information required to be submitted to the [Secretary](/usc/15/1821.md?p=2) under [section 1823 of this title](/usc/15/1823.md); who knowingly neglects or fails to make or cause to be made, full, true, and correct entries in such [accounts](/usc/15/1681a.md?p=r-4), records, memoranda, notification, or other materials; who knowingly removes any such documentary evidence out of the jurisdiction of the United States; who knowingly mutilates, alters, or by any other means falsifies any such documentary evidence; or who knowingly refuses to submit any such documentary evidence to the [Secretary](/usc/15/1821.md?p=2) for inspection and copying shall be guilty of an offense against the United States, and upon conviction thereof shall be fined not more than $5,000, or imprisoned for not more than three years, or both.
    - (C) Any [person](/usc/15/78m.md?p=h-8-E) who forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any [person](/usc/15/78m.md?p=h-8-E) while engaged in or on [account](/usc/15/1681a.md?p=r-4) 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](/usc/15/78c.md?p=a-15) 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](/usc/15/78m.md?p=h-8-E) while engaged in or on [account](/usc/15/1681a.md?p=r-4) of the performance of his official duties under this chapter shall be punishable as provided under sections [1111](/usc/18/1111.md) and [1112](/usc/18/1112.md) of title 18.
- (b) **Civil penalties; review and enforcement—**
  - (1) Any [person](/usc/15/78m.md?p=h-8-E) who violates [section 1824 of this title](/usc/15/1824.md) shall be liable to the United States for a civil penalty of not more than $2,000 for each [violation](/usc/15/57b–1.md?p=a-7). No penalty shall be assessed unless such [person](/usc/15/78m.md?p=h-8-E) is given notice and opportunity for a hearing before the [Secretary](/usc/15/1821.md?p=2) with respect to such [violation](/usc/15/57b–1.md?p=a-7). The amount of such civil penalty shall be assessed by the [Secretary](/usc/15/1821.md?p=2) by written [order](/usc/15/8702.md?p=14). In determining the amount of such penalty, the [Secretary](/usc/15/1821.md?p=2) shall take into [account](/usc/15/1681a.md?p=r-4) all factors relevant to such determination, including the nature, circumstances, extent, and gravity of the prohibited conduct and, with respect to the [person](/usc/15/78m.md?p=h-8-E) found to have engaged in such conduct, the degree of culpability, any history of prior offenses, ability to pay, effect on ability to continue to do business, and such other matters as justice may require.
  - (2) Any [person](/usc/15/78m.md?p=h-8-E) against whom a [violation](/usc/15/57b–1.md?p=a-7) is found and a civil penalty assessed under paragraph (1) of this subsection may obtain review in the court of appeals of the United States for the circuit in which such [person](/usc/15/78m.md?p=h-8-E) resides or has his place of business or in the United States Court of Appeals for the District of Columbia Circuit by filing a notice of appeal in such court within 30 days from the date of such [order](/usc/15/8702.md?p=14) and by simultaneously sending a copy of such notice by certified mail to the [Secretary](/usc/15/1821.md?p=2). The [Secretary](/usc/15/1821.md?p=2) shall promptly file in such court a certified copy of the record upon which such [violation](/usc/15/57b–1.md?p=a-7) was found and such penalty assessed, as provided in [section 2112 of title 28](/usc/28/2112.md). The findings of the [Secretary](/usc/15/1821.md?p=2) shall be set aside if found to be unsupported by substantial evidence.
  - (3) If any [person](/usc/15/78m.md?p=h-8-E) fails to pay an assessment of a civil penalty after it has become a final and unappealable [order](/usc/15/8702.md?p=14), or after the appropriate court of appeals has entered final judgment in favor of the [Secretary](/usc/15/1821.md?p=2), the [Secretary](/usc/15/1821.md?p=2) shall refer the matter to the Attorney General, who shall recover the amount assessed in any appropriate district court of the United States. In such action, the validity and appropriateness of the final [order](/usc/15/8702.md?p=14) imposing the civil penalty shall not be subject to review.
  - (4) The [Secretary](/usc/15/1821.md?p=2) may, in his discretion, compromise, modify, or remit, with or without conditions, any civil penalty assessed under this subsection.
- (c) **Disqualification of offenders; orders; civil penalties applicable; enforcement procedures—** In addition to any fine, imprisonment, or civil penalty authorized under this section, any [person](/usc/15/78m.md?p=h-8-E) who was convicted under [subsection (a)](#a) or who paid a civil penalty assessed under [subsection (b)](#b) or is subject to a final [order](/usc/15/8702.md?p=14) under such subsection assessing a civil penalty for any [violation](/usc/15/57b–1.md?p=a-7) of any provision of this chapter or any regulation issued under this chapter may be disqualified by [order](/usc/15/8702.md?p=14) of the [Secretary](/usc/15/1821.md?p=2), after notice and an opportunity for a hearing before the [Secretary](/usc/15/1821.md?p=2), from showing or exhibiting any horse, judging or managing any horse show, horse exhibition, or horse sale or auction for a period of not less than one year for the first [violation](/usc/15/57b–1.md?p=a-7) and not less than five years for any subsequent [violation](/usc/15/57b–1.md?p=a-7). Any [person](/usc/15/78m.md?p=h-8-E) who knowingly fails to obey an [order](/usc/15/8702.md?p=14) of disqualification shall be subject to a civil penalty of not more than $3,000 for each [violation](/usc/15/57b–1.md?p=a-7). Any horse show, horse exhibition, or horse sale or auction, or the [management](/usc/15/1821.md?p=1) thereof, collectively and severally, which knowingly allows any [person](/usc/15/78m.md?p=h-8-E) who is under an [order](/usc/15/8702.md?p=14) of disqualification to show or exhibit any horse, to enter for the purpose of showing or exhibiting any horse, to take part in managing or judging, or otherwise to participate in any horse show, horse exhibition, or horse sale or auction in [violation](/usc/15/57b–1.md?p=a-7) of an [order](/usc/15/8702.md?p=14) shall be subject to a civil penalty of not more than $3,000 for each [violation](/usc/15/57b–1.md?p=a-7). The provisions of [subsection (b)](#b) of this section respecting the assessment, review, collection, and compromise, modification, and remission of a civil penalty apply with respect to civil penalties under this subsection.
- (d) **Production of witnesses and books, papers, and documents; depositions; fees; presumptions; jurisdiction—**
  - (1) The [Secretary](/usc/15/1821.md?p=2) may require by subpena the attendance and testimony of witnesses and the production of books, papers, and documents relating to any matter under investigation or the subject of a proceeding. Witnesses summoned before the [Secretary](/usc/15/1821.md?p=2) shall be paid the same fees and mileage that are paid witnesses in the courts of the United States.
  - (2) The attendance of witnesses, and the production of books, papers, and documents, may be required at any designated place from any place in the United States. In case of disobedience to a subpena the [Secretary](/usc/15/1821.md?p=2), or any party to a proceeding before the [Secretary](/usc/15/1821.md?p=2), may invoke the aid of any appropriate district court of the United States in requiring attendance and testimony of witnesses and the production of such books, papers, and documents under the provisions of this chapter.
  - (3) The [Secretary](/usc/15/1821.md?p=2) may [order](/usc/15/8702.md?p=14) testimony to be taken by deposition under oath in any proceeding or investigation pending before him, at any stage of the proceeding or investigation. Depositions may be taken before any [person](/usc/15/78m.md?p=h-8-E) designated by the [Secretary](/usc/15/1821.md?p=2) who has power to administer oaths. The [Secretary](/usc/15/1821.md?p=2) may also require the production of books, papers, and documents at the taking of depositions.
  - (4) Witnesses whose depositions are taken and the [persons](/usc/15/78m.md?p=h-8-E) taking them shall be entitled to the same fees as paid for like services in the courts of the United States or in other jurisdictions in which they may appear.
  - (5) In any civil or criminal action to enforce this chapter or any regulation under this chapter a horse shall be presumed to be a horse which is [sore](/usc/15/1821.md?p=3) if it manifests abnormal sensitivity or inflammation in both of its forelimbs or both of its hindlimbs.
  - (6) The United States district courts, the District Court of Guam, the District Court of the Virgin Islands, the highest court of American Samoa, and the United States courts of the other territories, are vested with jurisdiction specifically to enforce, and to prevent and restrain [violations](/usc/15/57b–1.md?p=a-7) of this chapter, and shall have jurisdiction in all other kinds of cases arising under this chapter, except as provided in [subsection (b)](#b) of this section.
- (e) **Detention of horses; seizure and condemnation of equipment—**
  - (1) The [Secretary](/usc/15/1821.md?p=2) may detain (for a period not to exceed twenty-four hours) for examination, testing, or the taking of evidence, any horse at any horse show, horse exhibition, or horse sale or auction which is [sore](/usc/15/1821.md?p=3) or which the [Secretary](/usc/15/1821.md?p=2) has probable cause to believe is [sore](/usc/15/1821.md?p=3). The [Secretary](/usc/15/1821.md?p=2) may require the temporary marking of any horse during the period of its detention for the purpose of identifying the horse as detained. A horse which is detained subject to this paragraph shall not be moved by any [person](/usc/15/78m.md?p=h-8-E) from the place it is so detained except as authorized by the [Secretary](/usc/15/1821.md?p=2) or until the expiration of the detention period applicable to the horse.
  - (2) Any equipment, device, paraphernalia, or substance which was used in [violation](/usc/15/57b–1.md?p=a-7) of any provision of this chapter or any regulation issued under this chapter or which contributed to the soring of any horse at or prior to any horse show, horse exhibition, or horse sale or auction, shall be liable to be proceeded against, by process of libel for the seizure and condemnation of such equipment, device, paraphernalia, or substance, in any United States district court within the jurisdiction of which such equipment, device, paraphernalia, or substance is found. Such proceedings shall conform as nearly as possible to proceedings in rem in admiralty.

# §1826. Notice of violations to Attorney General


Whenever the [Secretary](/usc/15/1821.md?p=2) believes that a willful [violation](/usc/15/57b–1.md?p=a-7) of this chapter has occurred and that prosecution is needed to obtain compliance with this chapter, he shall inform the Attorney General and the Attorney General shall take such action with respect to such matter as he deems appropriate.


# §1827. Utilization of personnel of Department of Agriculture and officers and employees of consenting States; technical and other nonfinancial assistance to State

- (a) **Assistance from Department of Agriculture and States—** The [Secretary](/usc/15/1821.md?p=2), in carrying out the provisions of this chapter, shall utilize, to the maximum extent practicable, the existing personnel and facilities of the Department of Agriculture. The [Secretary](/usc/15/1821.md?p=2) is further authorized to utilize the officers and employees of any [State](/usc/15/1821.md?p=4), with its consent, and with or without reimbursement, to assist him in carrying out the provisions of this chapter.
- (b) **Assistance to States—** The [Secretary](/usc/15/1821.md?p=2) may, upon request, provide technical and other nonfinancial assistance (including the lending of equipment on such terms and conditions as the [Secretary](/usc/15/1821.md?p=2) determines is appropriate) to any [State](/usc/15/1821.md?p=4) to assist it in administering and enforcing any law of such [State](/usc/15/1821.md?p=4) designed to prohibit conduct described in [section 1824 of this title](/usc/15/1824.md).

# §1828. Rules and regulations


The [Secretary](/usc/15/1821.md?p=2) is authorized to issue such rules and regulations as he deems necessary to carry out the provisions of this chapter.


# §1829. Preemption of State laws; concurrent jurisdiction; prohibition on certain State action


No provision of this chapter shall be construed as indicating an intent on the part of the Congress to occupy the field in which such provision operates to the exclusion of the law of any [State](/usc/15/1821.md?p=4) on the same subject matter, unless there is a direct and positive conflict between such provision and the law of the [State](/usc/15/1821.md?p=4) so that the two cannot be reconciled or consistently stand together. Nor shall any provision of this chapter be construed to exclude the Federal Government from enforcing the provision of this chapter within any [State](/usc/15/1821.md?p=4), whether or not such [State](/usc/15/1821.md?p=4) has enacted legislation on the same subject, it being the intent of the Congress to establish concurrent jurisdiction with the [States](/usc/15/1821.md?p=4) over such subject matter. In no case shall any such [State](/usc/15/1821.md?p=4) take any action pursuant to this section involving a [violation](/usc/15/57b–1.md?p=a-7) of any such law of that [State](/usc/15/1821.md?p=4) which would preclude the United States from enforcing the provisions of this chapter against any [person](/usc/15/78m.md?p=h-8-E).


# [§1830. Omitted — omitted]



# §1831. Authorization of appropriations


There are authorized to be appropriated to carry out this chapter $125,000 for the period beginning July 1, 1976, and ending September 30, 1976; and for the fiscal year beginning October 1, 1976, and for each fiscal year thereafter there are authorized to be appropriated such sums, not to exceed $500,000, as may be necessary to carry out this chapter.