---
kind: "range"
citation: "7 U.S.C. §§ 2131–2159"
title: "7"
from: "2131"
to: "2159"
count: 30
release: "119-102"
url: "https://uscodex.org/usc/7/2131..2159"
---

# §2131. Congressional statement of policy


The Congress finds that [animals](/usc/7/2132.md?p=g) and activities which are regulated under this chapter are either in interstate or foreign [commerce](/usc/7/2132.md?p=c) or substantially affect such [commerce](/usc/7/2132.md?p=c) or the free flow thereof, and that regulation of [animals](/usc/7/2132.md?p=g) and activities as provided in this chapter is necessary to prevent and eliminate burdens upon such [commerce](/usc/7/2132.md?p=c) and to effectively regulate such [commerce](/usc/7/2132.md?p=c), in [order](/usc/7/2902.md?p=10)—

- (1) to insure that [animals](/usc/7/2132.md?p=g) intended for use in [research facilities](/usc/7/2132.md?p=e) or for exhibition purposes or for use as pets are provided humane care and treatment;
- (2) to assure the humane treatment of [animals](/usc/7/2132.md?p=g) during transportation in [commerce](/usc/7/2132.md?p=c); and
- (3) to protect the owners of [animals](/usc/7/2132.md?p=g) from the theft of their [animals](/usc/7/2132.md?p=g) by preventing the sale or use of [animals](/usc/7/2132.md?p=g) which have been stolen.

The Congress further finds that it is essential to regulate, as provided in this chapter, the transportation, purchase, sale, housing, care, handling, and treatment of [animals](/usc/7/2132.md?p=g) by [carriers](/usc/7/2132.md?p=j) or by [persons](/usc/7/2132.md?p=a) or organizations engaged in using them for research or experimental purposes or for exhibition purposes or holding them for sale as pets or for any such purpose or use.


# §2132. Definitions


In this chapter:

- (a) The term “person” includes any individual, partnership, firm, joint stock company, [corporation](/usc/7/1502.md?p=b-5), association, trust, estate, or other legal entity.
- (b) The term “Secretary” means the Secretary of Agriculture of the [United States](/usc/7/6402.md?p=8) or his representative who shall be an employee of the [United States](/usc/7/6402.md?p=8) Department of Agriculture.
- (c) The term “commerce” means trade, traffic, transportation, or other commerce—
  - (1) between a place in a [State](#d) and any place outside of such [State](#d), or between points within the same [State](#d) but through any place outside thereof, or within any territory, possession, or the District of Columbia;
  - (2) which affects trade, traffic, transportation, or other [commerce](#c) described in [paragraph (1)](#c-1).
- (d) The term “State” means a State of the [United States](/usc/7/6402.md?p=8), the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, or any other territory or possession of the [United States](/usc/7/6402.md?p=8).
- (e) The term “research facility” means any school (except an elementary or secondary school), institution, organization, or [person](#a) that uses or intends to use live [animals](#g) in research, tests, or experiments, and that (1) purchases or transports live [animals](#g) in [commerce](#c), or (2) receives [funds](/usc/7/4531.md?p=5) under a grant, award, loan, or [contract](/usc/7/518.md?p=4) from a department, agency, or instrumentality of the [United States](/usc/7/6402.md?p=8) for the purpose of carrying out research, tests, or experiments: Provided, That the [Secretary](#b) may exempt, by regulation, any such school, institution, organization, or [person](#a) that does not use or intend to use live dogs or cats, except those schools, institutions, organizations, or [persons](#a), which use substantial numbers (as determined by the [Secretary](#b)) of live [animals](#g) the principal function of which schools, institutions, organizations, or [persons](#a), is biomedical research or testing, when in the judgment of the [Secretary](#b), any such exemption does not vitiate the purpose of this chapter.
- (f) The term “dealer” means any [person](#a) who, in [commerce](#c), for compensation or profit, delivers for transportation, or transports, except as a [carrier](#j), buys, or sells, or negotiates the purchase or sale of, (1) any dog or other [animal](#g) whether alive or dead for research, teaching, exhibition, or use as a pet, or (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](#g) to a [research facility](#e), an [exhibitor](#h), or another dealer).
- (g) The term “animal” means any live or dead dog, cat, monkey (nonhuman primate mammal), guinea pig, hamster, rabbit, or such other warm-blooded animal, as the [Secretary](#b) may determine is being used, or is intended for use, for research, testing, experimentation, or exhibition purposes, or as a pet; but such term excludes (1) birds, rats of the genus Rattus, and mice of the genus Mus, bred for use in research, (2) horses not used for research purposes, and (3) other farm animals, such as, but not limited to livestock or poultry, used or intended for use as food or fiber, or livestock or poultry used or intended for use for improving animal nutrition, breeding, management, or production efficiency, or for improving the quality of food or fiber. With respect to a dog, the term means all dogs including those used for hunting, security, or breeding purposes.
- (h) The term “exhibitor” means any [person](#a) (public or private) exhibiting any [animals](#g), which were purchased in [commerce](#c) or the intended distribution of which affects [commerce](#c), or will affect [commerce](#c), to the public for compensation, as determined by the [Secretary](#b), and such term includes carnivals, circuses, and zoos exhibiting such [animals](#g) whether operated for profit or not; but such term excludes retail pet stores, 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](#b)) for exhibiting an [animal](#g) that exclusively resides at the residence of the pet owner, organizations sponsoring and all [persons](#a) participating in [State](#d) and country fairs, livestock shows, rodeos, purebred dog and cat shows, and any other fairs or exhibitions intended to advance agricultural arts and sciences, as may be determined by the [Secretary](#b).
- (i) The term “intermediate handler” means any [person](#a) including a department, agency, or instrumentality of the [United States](/usc/7/6402.md?p=8) or of any [State](#d) or local government (other than a [dealer](#f), [research facility](#e), [exhibitor](#h), any [person](#a) excluded from the definition of a [dealer](#f), [research facility](#e), or [exhibitor](#h), an operator of an auction sale, or a [carrier](#j)) who is engaged in any business in which he receives custody of [animals](#g) in connection with their transportation in [commerce](#c).
- (j) The term “carrier” means the operator of any airline, railroad, motor carrier, shipping line, or other enterprise, which is engaged in the business of transporting any [animals](#g) for hire.
- (k) The term “Federal agency” means an Executive agency as such term is defined in [section 105 of title 5](/usc/5/105.md), and with respect to any [research facility](#e) means the agency from which the [research facility](#e) receives a [Federal award for the conduct of research, experimentation, or testing, involving the use of animals](#l).
- (l) The term “Federal award for the conduct of research, experimentation, or testing, involving the use of animals” means any mechanism (including a grant, award, loan, [contract](/usc/7/518.md?p=4), or cooperative agreement) under which Federal [funds](/usc/7/4531.md?p=5) are provided to support the conduct of such research.
- (m) The term “quorum” means a majority of the [Committee](#n) members.
- (n) The term “Committee” means the Institutional [Animal](#g) Committee established under [section 2143(b) of this title](/usc/7/2143.md?p=b).
- (o) The term “Federal research facility” means each department, agency, or instrumentality of the [United States](/usc/7/6402.md?p=8) which uses live [animals](#g) for research or experimentation.

# §2133. Licensing of dealers and exhibitors


The [Secretary](/usc/7/2132.md?p=b) shall issue [licenses](/usc/7/2009cc.md?p=6) to [dealers](/usc/7/2132.md?p=f) and [exhibitors](/usc/7/2132.md?p=h) upon application therefor in such form and manner as he may prescribe and upon payment of such fee established pursuant to [2153](/usc/7/2153.md) of this title: Provided, That no such [license](/usc/7/2009cc.md?p=6) shall be issued until the [dealer](/usc/7/2132.md?p=f) or [exhibitor](/usc/7/2132.md?p=h) shall have demonstrated that his facilities comply with the standards promulgated by the [Secretary](/usc/7/2132.md?p=b) pursuant to [section 2143 of this title](/usc/7/2143.md): Provided, however, That a [dealer](/usc/7/2132.md?p=f) or [exhibitor](/usc/7/2132.md?p=h) shall not be required to obtain a [license](/usc/7/2009cc.md?p=6) as a [dealer](/usc/7/2132.md?p=f) or [exhibitor](/usc/7/2132.md?p=h) under this chapter if the size of the business is determined by the [Secretary](/usc/7/2132.md?p=b) to be de minimis. The [Secretary](/usc/7/2132.md?p=b) is further authorized to [license](/usc/7/2009cc.md?p=6), as [dealers](/usc/7/2132.md?p=f) or [exhibitors](/usc/7/2132.md?p=h), [persons](/usc/7/2132.md?p=a) who do not qualify as [dealers](/usc/7/2132.md?p=f) or [exhibitors](/usc/7/2132.md?p=h) within the meaning of this chapter upon such [persons](/usc/7/2132.md?p=a)’ complying with the requirements specified above and agreeing, in writing, to comply with all the requirements of this chapter and the regulations promulgated by the [Secretary](/usc/7/2132.md?p=b) hereunder.


# §2134. Valid license for dealers and exhibitors required


No [dealer](/usc/7/2132.md?p=f) or [exhibitor](/usc/7/2132.md?p=h) shall sell or offer to sell or transport or offer for transportation, in [commerce](/usc/7/2132.md?p=c), to any [research facility](/usc/7/2132.md?p=e) or for exhibition or for use as a pet any [animal](/usc/7/2132.md?p=g), or buy, sell, offer to buy or sell, transport or offer for transportation, in [commerce](/usc/7/2132.md?p=c), to or from another [dealer](/usc/7/2132.md?p=f) or [exhibitor](/usc/7/2132.md?p=h) under this chapter any [animals](/usc/7/2132.md?p=g), unless and until such [dealer](/usc/7/2132.md?p=f) or [exhibitor](/usc/7/2132.md?p=h) shall have obtained a [license](/usc/7/2009cc.md?p=6) from the [Secretary](/usc/7/2132.md?p=b) and such [license](/usc/7/2009cc.md?p=6) shall not have been suspended or revoked.


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


No [dealer](/usc/7/2132.md?p=f) or [exhibitor](/usc/7/2132.md?p=h) shall sell or otherwise dispose of any dog or cat within a period of five business days after the acquisition of such [animal](/usc/7/2132.md?p=g) or within such other period as may be specified by the [Secretary](/usc/7/2132.md?p=b): Provided, That operators of auction sales subject to [section 2142 of this title](/usc/7/2142.md) shall not be required to comply with the provisions of this section.


# §2136. Registration of research facilities, handlers, carriers and unlicensed exhibitors


Every [research facility](/usc/7/2132.md?p=e), every [intermediate handler](/usc/7/2132.md?p=i), every [carrier](/usc/7/2132.md?p=j), and every [exhibitor](/usc/7/2132.md?p=h) not licensed under [section 2133 of this title](/usc/7/2133.md) shall register with the [Secretary](/usc/7/2132.md?p=b) in accordance with such rules and regulations as he may prescribe.


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


It shall be unlawful for any [research facility](/usc/7/2132.md?p=e) to purchase any dog or cat from any [person](/usc/7/2132.md?p=a) except an operator of an auction sale subject to [section 2142 of this title](/usc/7/2142.md) or a [person](/usc/7/2132.md?p=a) holding a valid [license](/usc/7/2009cc.md?p=6) as a [dealer](/usc/7/2132.md?p=f) or [exhibitor](/usc/7/2132.md?p=h) issued by the [Secretary](/usc/7/2132.md?p=b) pursuant to this chapter unless such [person](/usc/7/2132.md?p=a) is exempted from obtaining such [license](/usc/7/2009cc.md?p=6) under [section 2133 of this title](/usc/7/2133.md).


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


No department, agency, or instrumentality of the [United States](/usc/7/6402.md?p=8) which uses [animals](/usc/7/2132.md?p=g) for research or experimentation or exhibition shall purchase or otherwise acquire any dog or cat for such purposes from any [person](/usc/7/2132.md?p=a) except an operator of an auction sale subject to [section 2142 of this title](/usc/7/2142.md) or a [person](/usc/7/2132.md?p=a) holding a valid [license](/usc/7/2009cc.md?p=6) as a [dealer](/usc/7/2132.md?p=f) or [exhibitor](/usc/7/2132.md?p=h) issued by the [Secretary](/usc/7/2132.md?p=b) pursuant to this chapter unless such [person](/usc/7/2132.md?p=a) is exempted from obtaining such [license](/usc/7/2009cc.md?p=6) under [section 2133 of this title](/usc/7/2133.md).


# §2139. Principal-agent relationship established


When construing or enforcing the provisions of this chapter, the act, omission, or failure of any [person](/usc/7/2132.md?p=a) acting for or employed by a [research facility](/usc/7/2132.md?p=e), a [dealer](/usc/7/2132.md?p=f), or an [exhibitor](/usc/7/2132.md?p=h) or a [person](/usc/7/2132.md?p=a) licensed as a [dealer](/usc/7/2132.md?p=f) or an [exhibitor](/usc/7/2132.md?p=h) pursuant to the second sentence of [section 2133 of this title](/usc/7/2133.md), or an operator of an auction sale subject to [section 2142 of this title](/usc/7/2142.md), or an [intermediate handler](/usc/7/2132.md?p=i), or a [carrier](/usc/7/2132.md?p=j), within the scope of his employment or office, shall be deemed the act, omission, or failure of such [research facility](/usc/7/2132.md?p=e), [dealer](/usc/7/2132.md?p=f), [exhibitor](/usc/7/2132.md?p=h), licensee, operator of an auction sale, [intermediate handler](/usc/7/2132.md?p=i), or [carrier](/usc/7/2132.md?p=j), as well as of such [person](/usc/7/2132.md?p=a).


# §2140. Recordkeeping by dealers, exhibitors, research facilities, intermediate handlers, and carriers


[Dealers](/usc/7/2132.md?p=f) and [exhibitors](/usc/7/2132.md?p=h) shall make and retain for such reasonable period of time as the [Secretary](/usc/7/2132.md?p=b) may prescribe, such records with respect to the purchase, sale, transportation, identification, and previous ownership of [animals](/usc/7/2132.md?p=g) as the [Secretary](/usc/7/2132.md?p=b) may prescribe. [Research facilities](/usc/7/2132.md?p=e) shall make and retain such records only with respect to the purchase, sale, transportation, identification, and previous ownership of live dogs and cats. At the request of the [Secretary](/usc/7/2132.md?p=b), any regulatory agency of the Federal Government which requires records to be maintained by [intermediate handlers](/usc/7/2132.md?p=i) and [carriers](/usc/7/2132.md?p=j) with respect to the transportation, receiving, handling, and delivery of [animals](/usc/7/2132.md?p=g) on forms prescribed by the agency, shall require there to be included in such forms, and [intermediate handlers](/usc/7/2132.md?p=i) and [carriers](/usc/7/2132.md?p=j) shall include in such forms, such information as the [Secretary](/usc/7/2132.md?p=b) may require for the effective administration of this chapter. Such information shall be retained for such reasonable period of time as the [Secretary](/usc/7/2132.md?p=b) may prescribe. If regulatory agencies of the Federal Government do not prescribe requirements for any such forms, [intermediate handlers](/usc/7/2132.md?p=i) and [carriers](/usc/7/2132.md?p=j) shall make and retain for such reasonable period as the [Secretary](/usc/7/2132.md?p=b) may prescribe such records with respect to the transportation, receiving, handling, and delivery of [animals](/usc/7/2132.md?p=g) as the [Secretary](/usc/7/2132.md?p=b) may prescribe. Such records shall be made available at all reasonable times for inspection and copying by the [Secretary](/usc/7/2132.md?p=b).


# §2141. Marking and identification of animals


All [animals](/usc/7/2132.md?p=g) delivered for transportation, transported, purchased, or sold, in [commerce](/usc/7/2132.md?p=c), by a [dealer](/usc/7/2132.md?p=f) or [exhibitor](/usc/7/2132.md?p=h) shall be marked or identified at such time and in such humane manner as the [Secretary](/usc/7/2132.md?p=b) may prescribe: Provided, That only live dogs and cats need be so marked or identified by a [research facility](/usc/7/2132.md?p=e).


# §2142. Humane standards and recordkeeping requirements at auction sales


The [Secretary](/usc/7/2132.md?p=b) is authorized to promulgate humane standards and recordkeeping requirements governing the purchase, handling, or sale of [animals](/usc/7/2132.md?p=g), in [commerce](/usc/7/2132.md?p=c), by [dealers](/usc/7/2132.md?p=f), [research facilities](/usc/7/2132.md?p=e), and [exhibitors](/usc/7/2132.md?p=h) at auction sales and by the operators of such auction sales. The [Secretary](/usc/7/2132.md?p=b) is also authorized to require the licensing of operators of auction sales where any dogs or cats are sold, in [commerce](/usc/7/2132.md?p=c), under such conditions as he may prescribe, and upon payment of such fee as prescribed by the [Secretary](/usc/7/2132.md?p=b) under [section 2153 of this title](/usc/7/2153.md).


# §2143. Standards and certification process for humane handling, care, treatment, and transportation of animals

- (a) **Promulgation of standards, rules, regulations, and orders; requirements; research facilities; State authority—**
  - (1) The [Secretary](/usc/7/2132.md?p=b) shall promulgate standards to govern the humane handling, care, treatment, and transportation of [animals](/usc/7/2132.md?p=g) by [dealers](/usc/7/2132.md?p=f), [research facilities](/usc/7/2132.md?p=e), and [exhibitors](/usc/7/2132.md?p=h).
  - (2) The standards described in [paragraph (1)](#a-1) shall include minimum requirements—
    - (A) for handling, housing, feeding, watering, sanitation, ventilation, shelter from extremes of weather and temperatures, adequate veterinary care, and separation by species where the [Secretary](/usc/7/2132.md?p=b) finds necessary for humane handling, care, or treatment of [animals](/usc/7/2132.md?p=g); and
    - (B) for exercise of dogs, as determined by an attending veterinarian in accordance with general standards promulgated by the [Secretary](/usc/7/2132.md?p=b), and for a physical environment adequate to promote the psychological well-being of primates.
  - (3) In addition to the requirements under [paragraph (2)](#a-2), the standards described in [paragraph (1)](#a-1) shall, with respect to [animals](/usc/7/2132.md?p=g) in [research facilities](/usc/7/2132.md?p=e), include requirements—
    - (A) for [animal](/usc/7/2132.md?p=g) care, treatment, and practices in experimental procedures to ensure that [animal](/usc/7/2132.md?p=g) pain and distress are minimized, including adequate veterinary care with the appropriate use of anesthetic, analgesic, tranquilizing drugs, or euthanasia;
    - (B) that the principal investigator considers alternatives to any procedure likely to produce pain to or distress in an experimental [animal](/usc/7/2132.md?p=g);
    - (C) in any practice which could cause pain to [animals](/usc/7/2132.md?p=g)—
      - (i) that a doctor of veterinary medicine is consulted in the planning of such procedures;
      - (ii) for the use of tranquilizers, analgesics, and anesthetics;
      - (iii) for pre-surgical and post-surgical care by laboratory workers, in accordance with established veterinary medical and nursing procedures;
      - (iv) against the use of paralytics without anesthesia; and
      - (v) that the withholding of tranquilizers, anesthesia, analgesia, or euthanasia when scientifically necessary shall continue for only the necessary period of time;
    - (D) that no [animal](/usc/7/2132.md?p=g) is used in more than one major operative experiment from which it is allowed to recover except in cases of—
      - (i) scientific necessity; or
      - (ii) other special circumstances as determined by the [Secretary](/usc/7/2132.md?p=b); and
    - (E) that exceptions to such standards may be made only when specified by research protocol and that any such exception shall be detailed and explained in a report outlined under [paragraph (7)](#a-7) and filed with the Institutional [Animal](/usc/7/2132.md?p=g) [Committee](/usc/7/2132.md?p=n).
  - (4) The [Secretary](/usc/7/2132.md?p=b) shall also promulgate standards to govern the transportation in [commerce](/usc/7/2132.md?p=c), and the handling, care, and treatment in connection therewith, by [intermediate handlers](/usc/7/2132.md?p=i), air [carriers](/usc/7/2132.md?p=j), or other [carriers](/usc/7/2132.md?p=j), of [animals](/usc/7/2132.md?p=g) consigned by any [dealer](/usc/7/2132.md?p=f), [research facility](/usc/7/2132.md?p=e), [exhibitor](/usc/7/2132.md?p=h), operator of an auction sale, or other [person](/usc/7/2132.md?p=a), or any department, agency, or instrumentality of the [United States](/usc/7/6402.md?p=8) or of any [State](/usc/7/2132.md?p=d) or local government, for transportation in [commerce](/usc/7/2132.md?p=c). The [Secretary](/usc/7/2132.md?p=b) shall have [authority](/usc/7/2009aa.md?p=1) to promulgate such rules and regulations as he determines necessary to assure humane treatment of [animals](/usc/7/2132.md?p=g) in the course of their transportation in [commerce](/usc/7/2132.md?p=c) including requirements such as those with respect to containers, feed, water, rest, ventilation, temperature, and handling.
  - (5) In promulgating and enforcing standards established pursuant to this section, the [Secretary](/usc/7/2132.md?p=b) is authorized and directed to consult experts, including outside consultants where indicated.
  - (6)
    - (A) Nothing in this chapter—
      - (i) except as provided in paragraphs[^1] (7) of this subsection, shall be construed as authorizing the [Secretary](/usc/7/2132.md?p=b) to promulgate rules, regulations, or [orders](/usc/7/2902.md?p=10) with regard to the design, outlines, or guidelines of actual research or experimentation by a [research facility](/usc/7/2132.md?p=e) as determined by such [research facility](/usc/7/2132.md?p=e);
      - (ii) except as provided[^2] subparagraphs [(A)](#a-3-A) and [(C)(ii)](#a-3-C-ii) through [(v)](#a-3-C-v) of paragraph (3) and paragraph (7) of this subsection, shall be construed as authorizing the [Secretary](/usc/7/2132.md?p=b) to promulgate rules, regulations, or [orders](/usc/7/2902.md?p=10) with regard to the performance of actual research or experimentation by a [research facility](/usc/7/2132.md?p=e) as determined by such [research facility](/usc/7/2132.md?p=e); and
      - (iii) shall authorize the [Secretary](/usc/7/2132.md?p=b), during inspection, to interrupt the conduct of actual research or experimentation.
    - (B) No rule, regulation, [order](/usc/7/2902.md?p=10), or part of this chapter shall be construed to require a [research facility](/usc/7/2132.md?p=e) to disclose publicly or to the Institutional [Animal](/usc/7/2132.md?p=g) [Committee](/usc/7/2132.md?p=n) during its inspection, trade secrets or commercial or financial information which is privileged or confidential.
  - (7)
    - (A) The [Secretary](/usc/7/2132.md?p=b) shall require each [research facility](/usc/7/2132.md?p=e) to show upon inspection, and to report at least annually, that the provisions of this chapter are being followed and that professionally acceptable standards governing the care, treatment, and use of [animals](/usc/7/2132.md?p=g) are being followed by the [research facility](/usc/7/2132.md?p=e) during actual research or experimentation.
    - (B) In complying with [subparagraph (A)](#a-7-A), such [research facilities](/usc/7/2132.md?p=e) shall provide—
      - (i) information on procedures likely to produce pain or distress in any [animal](/usc/7/2132.md?p=g) and assurances demonstrating that the principal investigator considered alternatives to those procedures;
      - (ii) assurances satisfactory to the [Secretary](/usc/7/2132.md?p=b) that such facility is adhering to the standards described in this section; and
      - (iii) an explanation for any deviation from the standards promulgated under this section.
  - (8) [Paragraph (1)](#a-1) shall not prohibit any [State](/usc/7/2132.md?p=d) (or a political subdivision of such [State](/usc/7/2132.md?p=d)) from promulgating standards in addition to those standards promulgated by the [Secretary](/usc/7/2132.md?p=b) under [paragraph (1)](#a-1).
- (b) **Research facility Committee; establishment, membership, functions, etc.**
  - (1) The [Secretary](/usc/7/2132.md?p=b) shall require that each [research facility](/usc/7/2132.md?p=e) establish at least one [Committee](/usc/7/2132.md?p=n). Each [Committee](/usc/7/2132.md?p=n) shall be appointed by the chief executive officer of each such [research facility](/usc/7/2132.md?p=e) and shall be composed of not fewer than three members. Such members shall possess sufficient ability to assess [animal](/usc/7/2132.md?p=g) care, treatment, and practices in experimental research as determined by the needs of the [research facility](/usc/7/2132.md?p=e) and shall represent society’s concerns regarding the welfare of [animal](/usc/7/2132.md?p=g) subjects used at such facility. Of the members of the [Committee](/usc/7/2132.md?p=n)—
    - (A) at least one member shall be a doctor of veterinary medicine;
    - (B) at least one member—
      - (i) shall not be affiliated in any way with such facility other than as a member of the [Committee](/usc/7/2132.md?p=n);
      - (ii) shall not be a member of the immediate family of a [person](/usc/7/2132.md?p=a) who is affiliated with such facility; and
      - (iii) is intended to provide representation for general community interests in the proper care and treatment of [animals](/usc/7/2132.md?p=g); and
    - (C) in those cases where the [Committee](/usc/7/2132.md?p=n) consists of more than three members, not more than three members shall be from the same administrative unit of such facility.
  - (2) A [quorum](/usc/7/2132.md?p=m) shall be required for all formal actions of the [Committee](/usc/7/2132.md?p=n), including inspections under [paragraph (3)](#b-3).
  - (3) The [Committee](/usc/7/2132.md?p=n) shall inspect at least semiannually all [animal](/usc/7/2132.md?p=g) study [areas](/usc/7/1471.md?p=5) and [animal](/usc/7/2132.md?p=g) facilities of such [research facility](/usc/7/2132.md?p=e) and review as part of the inspection—
    - (A) practices involving pain to [animals](/usc/7/2132.md?p=g), and
    - (B) the condition of [animals](/usc/7/2132.md?p=g),

    to ensure compliance with the provisions of this chapter to minimize pain and distress to [animals](/usc/7/2132.md?p=g). Exceptions to the requirement of inspection of such study [areas](/usc/7/1471.md?p=5) may be made by the [Secretary](/usc/7/2132.md?p=b) if [animals](/usc/7/2132.md?p=g) are studied in their natural environment and the study [area](/usc/7/1471.md?p=5) is prohibitive to easy access.

  - (4)
    - (A) The [Committee](/usc/7/2132.md?p=n) shall file an inspection certification report of each inspection at the [research facility](/usc/7/2132.md?p=e). Such report shall—
      - (i) be signed by a majority of the [Committee](/usc/7/2132.md?p=n) members involved in the inspection;
      - (ii) include reports of any violation of the standards promulgated, or assurances required, by the [Secretary](/usc/7/2132.md?p=b), including any deficient conditions of [animal](/usc/7/2132.md?p=g) care or treatment, any deviations of research practices from originally approved proposals that adversely affect [animal](/usc/7/2132.md?p=g) welfare, any notification to the facility regarding such conditions, and any corrections made thereafter;
      - (iii) include any minority views of the [Committee](/usc/7/2132.md?p=n); and
      - (iv) include any other information pertinent to the activities of the [Committee](/usc/7/2132.md?p=n).
    - (B) Such report shall remain on file for at least three years at the [research facility](/usc/7/2132.md?p=e) and shall be available for inspection by the [Animal](/usc/7/2132.md?p=g) and [Plant](/usc/7/8901.md?p=10) Health Inspection Service and any funding [Federal agency](/usc/7/2132.md?p=k).
    - (C) In [order](/usc/7/2902.md?p=10) to give the [research facility](/usc/7/2132.md?p=e) an opportunity to correct any deficiencies or deviations discovered by reason of [paragraph (3)](#b-3), the [Committee](/usc/7/2132.md?p=n) shall notify the administrative representative of the [research facility](/usc/7/2132.md?p=e) of any deficiencies or deviations from the provisions of this chapter. If, after notification and an opportunity for correction, such deficiencies or deviations remain uncorrected, the [Committee](/usc/7/2132.md?p=n) shall notify (in writing) the [Animal](/usc/7/2132.md?p=g) and [Plant](/usc/7/8901.md?p=10) Health Inspection Service and the funding [Federal agency](/usc/7/2132.md?p=k) of such deficiencies or deviations.
  - (5) The inspection results shall be available to Department of Agriculture inspectors for review during inspections. Department of Agriculture inspectors shall forward any [Committee](/usc/7/2132.md?p=n) inspection records which include reports of uncorrected deficiencies or deviations to the [Animal](/usc/7/2132.md?p=g) and [Plant](/usc/7/8901.md?p=10) Health Inspection Service and any funding [Federal agency](/usc/7/2132.md?p=k) of the project with respect to which such uncorrected deficiencies and deviations occurred.
- (c) **Federal research facilities; establishment, composition, and responsibilities of Federal Committee—** In the case of [Federal research facilities](/usc/7/2132.md?p=o), a Federal [Committee](/usc/7/2132.md?p=n) shall be established and shall have the same composition and responsibilities provided in [subsection (b)](#b), except that the Federal [Committee](/usc/7/2132.md?p=n) shall report deficiencies or deviations to the head of the [Federal agency](/usc/7/2132.md?p=k) conducting the research rather than to the [Animal](/usc/7/2132.md?p=g) and [Plant](/usc/7/8901.md?p=10) Health Inspection Service. The head of the [Federal agency](/usc/7/2132.md?p=k) conducting the research shall be responsible for—
  - (1) all corrective action to be taken at the facility; and
  - (2) the granting of all exceptions to inspection protocol.
- (d) **Training of scientists, animal technicians, and other personnel involved with animal care and treatment at research facilities—** Each [research facility](/usc/7/2132.md?p=e) shall provide for the training of scientists, [animal](/usc/7/2132.md?p=g) technicians, and other personnel involved with [animal](/usc/7/2132.md?p=g) care and treatment in such facility as required by the [Secretary](/usc/7/2132.md?p=b). Such training shall include instruction on—
  - (1) the humane practice of [animal](/usc/7/2132.md?p=g) maintenance and experimentation;
  - (2) research or testing methods that minimize or eliminate the use of [animals](/usc/7/2132.md?p=g) or limit [animal](/usc/7/2132.md?p=g) pain or distress;
  - (3) utilization of the information service at the National Agricultural Library, established under [subsection (e)](#e); and
  - (4) methods whereby deficiencies in [animal](/usc/7/2132.md?p=g) care and treatment should be reported.
- (e) **Establishment of information service at National Agricultural Library; service functions—** The [Secretary](/usc/7/2132.md?p=b) shall establish an information service at the National Agricultural Library. Such service shall, in cooperation with the National Library of Medicine, provide information—
  - (1) pertinent to employee training;
  - (2) which could prevent unintended duplication of [animal](/usc/7/2132.md?p=g) experimentation as determined by the needs of the [research facility](/usc/7/2132.md?p=e); and
  - (3) on improved methods of [animal](/usc/7/2132.md?p=g) experimentation, including methods which could—
    - (A) reduce or replace [animal](/usc/7/2132.md?p=g) use; and
    - (B) minimize pain and distress to [animals](/usc/7/2132.md?p=g), such as anesthetic and analgesic procedures.
- (f) **[^3] Suspension or revocation of Federal support for research projects; prerequisites; appeal procedure—** In any case in which a [Federal agency](/usc/7/2132.md?p=k) funding a research project determines that conditions of [animal](/usc/7/2132.md?p=g) care, treatment, or practice in a particular project have not been in compliance with standards promulgated under this chapter, despite notification by the [Secretary](/usc/7/2132.md?p=b) or such [Federal agency](/usc/7/2132.md?p=k) to the [research facility](/usc/7/2132.md?p=e) and an opportunity for correction, such agency shall suspend or revoke Federal support for the project. Any [research facility](/usc/7/2132.md?p=e) losing Federal support as a result of actions taken under the preceding sentence shall have the right of appeal as provided in sections 701 through 706 of title 5.
- (f) **[^3] Veterinary certificate; contents; exceptions—** No dogs or cats, or additional kinds or classes of [animals](/usc/7/2132.md?p=g) designated by regulation of the [Secretary](/usc/7/2132.md?p=b), shall be delivered by any [dealer](/usc/7/2132.md?p=f), [research facility](/usc/7/2132.md?p=e), [exhibitor](/usc/7/2132.md?p=h), operator of an auction sale, or department, agency, or instrumentality of the [United States](/usc/7/6402.md?p=8) or of any [State](/usc/7/2132.md?p=d) or local government, to any [intermediate handler](/usc/7/2132.md?p=i) or [carrier](/usc/7/2132.md?p=j) for transportation in [commerce](/usc/7/2132.md?p=c), or received by any such [handler](/usc/7/2302.md?p=3-B) or [carrier](/usc/7/2132.md?p=j) for such transportation from any such [person](/usc/7/2132.md?p=a), department, agency, or instrumentality, unless the [animal](/usc/7/2132.md?p=g) is accompanied by a certificate issued by a veterinarian licensed to practice veterinary medicine, certifying that he inspected the [animal](/usc/7/2132.md?p=g) on a specified date, which shall not be more than ten days before such delivery, and, when so inspected, the [animal](/usc/7/2132.md?p=g) appeared free of any infectious disease or physical abnormality which would endanger the [animal](/usc/7/2132.md?p=g) or [animals](/usc/7/2132.md?p=g) or other [animals](/usc/7/2132.md?p=g) or endanger public health: Provided, however, That the [Secretary](/usc/7/2132.md?p=b) may by regulation provide exceptions to this certification requirement, under such conditions as he may prescribe in the regulations, for [animals](/usc/7/2132.md?p=g) shipped to [research facilities](/usc/7/2132.md?p=e) for purposes of research, testing or experimentation requiring [animals](/usc/7/2132.md?p=g) not eligible for such certification. Such certificates received by the [intermediate handlers](/usc/7/2132.md?p=i) and the [carriers](/usc/7/2132.md?p=j) shall be retained by them, as provided by regulations of the [Secretary](/usc/7/2132.md?p=b), in accordance with [section 2140 of this title](/usc/7/2140.md).
- (g) **Age of animals delivered to registered research facilities; power of Secretary to designate additional classes of animals and age limits—** No dogs or cats, or additional kinds or classes of [animals](/usc/7/2132.md?p=g) designated by regulation of the [Secretary](/usc/7/2132.md?p=b), shall be delivered by any [person](/usc/7/2132.md?p=a) to any [intermediate handler](/usc/7/2132.md?p=i) or [carrier](/usc/7/2132.md?p=j) for transportation in [commerce](/usc/7/2132.md?p=c) except to registered [research facilities](/usc/7/2132.md?p=e) if they are less than such age as the [Secretary](/usc/7/2132.md?p=b) may by regulation prescribe. The [Secretary](/usc/7/2132.md?p=b) shall designate additional kinds and classes of [animals](/usc/7/2132.md?p=g) and may prescribe different ages for particular kinds or classes of dogs, cats, or designated [animals](/usc/7/2132.md?p=g), 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](/usc/7/2132.md?p=c).
- (h) **Prohibition of C.O.D. arrangements for transportation of animals in commerce; exceptions—** No [intermediate handler](/usc/7/2132.md?p=i) or [carrier](/usc/7/2132.md?p=j) involved in the transportation of any [animal](/usc/7/2132.md?p=g) in [commerce](/usc/7/2132.md?p=c) shall participate in any arrangement or engage in any practice under which the cost of such [animal](/usc/7/2132.md?p=g) or the cost of the transportation of such [animal](/usc/7/2132.md?p=g) is to be paid and collected upon delivery of the [animal](/usc/7/2132.md?p=g) to the consignee, unless the consignor guarantees in writing the payment of transportation charges for any [animal](/usc/7/2132.md?p=g) not claimed within a period of 48 hours after notice to the consignee of arrival of the [animal](/usc/7/2132.md?p=g), including, where necessary, both the return transportation charges and an amount sufficient to reimburse the [carrier](/usc/7/2132.md?p=j) for all out-of-pocket expenses incurred for the care, feeding, and storage of such [animals](/usc/7/2132.md?p=g).

# §2144. Humane standards for animals by United States Government facilities


Any department, agency, or instrumentality of the [United States](/usc/7/6402.md?p=8) having laboratory [animal](/usc/7/2132.md?p=g) facilities shall comply with the standards and other requirements promulgated by the [Secretary](/usc/7/2132.md?p=b) for a [research facility](/usc/7/2132.md?p=e) under sections[^1] 2143(a), (f), (g), and (h) of this title. Any department, agency, or instrumentality of the [United States](/usc/7/6402.md?p=8) exhibiting [animals](/usc/7/2132.md?p=g) shall comply with the standards promulgated by the [Secretary](/usc/7/2132.md?p=b) under sections[^1] 2143(a), (f), (g), and (h) of this title.


# §2145. Consultation and cooperation with Federal, State, and local governmental bodies by Secretary of Agriculture

- (a) The [Secretary](/usc/7/2132.md?p=b) shall consult and cooperate with other Federal departments, agencies, or instrumentalities concerned with the welfare of [animals](/usc/7/2132.md?p=g) used for research, experimentation or exhibition, or administration of statutes regulating the transportation in [commerce](/usc/7/2132.md?p=c) or handling in connection therewith of any [animals](/usc/7/2132.md?p=g) when establishing standards pursuant to [section 2143 of this title](/usc/7/2143.md) and in carrying out the purposes of this chapter. The [Secretary](/usc/7/2132.md?p=b) shall consult with the [Secretary](/usc/7/2132.md?p=b) of Health and Human Services prior to issuance of regulations. Before promulgating any standard governing the air transportation and handling in connection therewith, of [animals](/usc/7/2132.md?p=g), the [Secretary](/usc/7/2132.md?p=b) shall consult with the [Secretary](/usc/7/2132.md?p=b) of Transportation who shall have the [authority](/usc/7/2009aa.md?p=1) to disapprove any such standard if he notifies the [Secretary](/usc/7/2132.md?p=b), within 30 days after such consultation, that changes in its provisions are necessary in the interest of flight safety. The Surface Transportation [Board](/usc/7/1502.md?p=b-4), the [Secretary](/usc/7/2132.md?p=b) of Transportation, and the Federal Maritime [Commission](/usc/7/1a.md?p=8), to the extent of their respective lawful [authorities](/usc/7/2009aa.md?p=1), shall take such action as is appropriate to implement any standard established by the [Secretary](/usc/7/2132.md?p=b) with respect to a [person](/usc/7/2132.md?p=a) subject to regulation by it.
- (b) The [Secretary](/usc/7/2132.md?p=b) is authorized to cooperate with the officials of the various [States](/usc/7/2132.md?p=d) or political subdivisions thereof in carrying out the purposes of this chapter and of any [State](/usc/7/2132.md?p=d), local, or municipal legislation or ordinance on the same subject.

# §2146. Administration and enforcement by Secretary

- (a) **Investigations and inspections—** The [Secretary](/usc/7/2132.md?p=b) shall make such investigations or inspections as he deems necessary to determine whether any [dealer](/usc/7/2132.md?p=f), [exhibitor](/usc/7/2132.md?p=h), [intermediate handler](/usc/7/2132.md?p=i), [carrier](/usc/7/2132.md?p=j), [research facility](/usc/7/2132.md?p=e), or operator of an auction sale subject to [section 2142 of this title](/usc/7/2142.md), has violated or is violating any provision of this chapter or any regulation or standard issued thereunder, and for such purposes, the [Secretary](/usc/7/2132.md?p=b) shall, at all reasonable times, have access to the places of business and the facilities, [animals](/usc/7/2132.md?p=g), and those records required to be kept pursuant to [section 2140 of this title](/usc/7/2140.md) of any such [dealer](/usc/7/2132.md?p=f), [exhibitor](/usc/7/2132.md?p=h), [intermediate handler](/usc/7/2132.md?p=i), [carrier](/usc/7/2132.md?p=j), [research facility](/usc/7/2132.md?p=e), or operator of an auction sale. The [Secretary](/usc/7/2132.md?p=b) shall inspect each [research facility](/usc/7/2132.md?p=e) at least once each year and, in the case of deficiencies or deviations from the standards promulgated under this chapter, shall conduct such follow-up inspections as may be necessary until all deficiencies or deviations from such standards are corrected. The [Secretary](/usc/7/2132.md?p=b) shall promulgate such rules and regulations as he deems necessary to permit inspectors to confiscate or destroy in a humane manner any [animal](/usc/7/2132.md?p=g) found to be suffering as a result of a failure to comply with any provision of this chapter or any regulation or standard issued thereunder if (1) such [animal](/usc/7/2132.md?p=g) is held by a [dealer](/usc/7/2132.md?p=f), (2) such [animal](/usc/7/2132.md?p=g) is held by an [exhibitor](/usc/7/2132.md?p=h), (3) such [animal](/usc/7/2132.md?p=g) is held by a [research facility](/usc/7/2132.md?p=e) and is no longer required by such [research facility](/usc/7/2132.md?p=e) to carry out the research, test, or experiment for which such [animal](/usc/7/2132.md?p=g) has been utilized, (4) such [animal](/usc/7/2132.md?p=g) is held by an operator of an auction sale, or (5) such [animal](/usc/7/2132.md?p=g) is held by an [intermediate handler](/usc/7/2132.md?p=i) or a [carrier](/usc/7/2132.md?p=j).
- (b) **Penalties for interfering with official duties—** Any [person](/usc/7/2132.md?p=a) who forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any [person](/usc/7/2132.md?p=a) while engaged in or on account of the performance of his official duties under this chapter shall be fined not more than $5,000, or imprisoned not more than three years, or both. Whoever, in the [commission](/usc/7/1a.md?p=8) 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/7/2132.md?p=a) while engaged in or on account of the performance of his official duties under this chapter shall be punished as provided under sections [1111](/usc/18/1111.md) and [1114](/usc/18/1114.md) of title 18.
- (c) **Procedures—** For the efficient administration and enforcement of this chapter and the regulations and standards promulgated under this chapter, the provisions (including penalties) of sections [46](/usc/15/46.md), [48](/usc/15/48.md), [49](/usc/15/49.md) and [50](/usc/15/50.md) of title 15 (except [paragraph (c) through (h)](/usc/7/46.md?p=c..h) of section 46 and the last paragraph of [section 49](/usc/15/49.md)[^1] of [title 15](/usc/15.md)), and the provisions of Title II of the Organized Crime Control Act of 1970, are made applicable to the jurisdiction, powers, and duties of the [Secretary](/usc/7/2132.md?p=b) in administering and enforcing the provisions of this chapter and to any [person](/usc/7/2132.md?p=a), firm, or [corporation](/usc/7/1502.md?p=b-5) with respect to whom such [authority](/usc/7/2009aa.md?p=1) is exercised. The [Secretary](/usc/7/2132.md?p=b) may prosecute any inquiry necessary to his duties under this chapter in any part of the [United States](/usc/7/6402.md?p=8), including any territory, or possession thereof, the District of Columbia, or the Commonwealth of Puerto Rico. The powers conferred by said sections [49](/usc/15/49.md) and [50](/usc/15/50.md) of title 15 on the district courts of the [United States](/usc/7/6402.md?p=8) may be exercised for the purposes of this chapter by any district court of the [United States](/usc/7/6402.md?p=8). The [United States](/usc/7/6402.md?p=8) district courts, the District Court of Guam, the District Court of the Virgin Islands, the highest court of American Samoa, and the [United States](/usc/7/6402.md?p=8) courts of the other territories, are vested with jurisdiction specifically to enforce, and to prevent and restrain violations of this chapter, and shall have jurisdiction in all other kinds of cases arising under this chapter, except as provided in [section 2149(c) of this title](/usc/7/2149.md?p=c).

# §2146a. Searchable database requirements


The [Animal](/usc/7/2132.md?p=g) and [Plant](/usc/7/8901.md?p=10) Health Inspection Service shall, notwithstanding any other provision of law:

- (a) within 60 calendar days, restore on its website the searchable database and its contents that were available on January 30, 2017, and all content generated since that date; and
- (b) hereafter, make publicly available via searchable database, in their entirety without redactions except signatures, the following records:
  - (1) all final [Animal](/usc/7/2132.md?p=g) Welfare Act inspection reports, including all reports documenting all [Animal](/usc/7/2132.md?p=g) Welfare Act violations and non-compliances observed by USDA officials and all [animal](/usc/7/2132.md?p=g) inventories for the current year and the preceding three years;
  - (2) all final [Animal](/usc/7/2132.md?p=g) Welfare Act and Horse Protection Act enforcement records for the current year and the preceding three years;
  - (3) all reports or other materials documenting any violations and non-compliances observed by USDA officials for the current year and the preceding three years; and
  - (4) within six months of receipt by the agency, all final [Animal](/usc/7/2132.md?p=g) Welfare Act [research facility](/usc/7/2132.md?p=e) annual reports, including their attachments with appropriate redactions made for confidential business information that USDA could withhold under FOIA Exemption 4.

# §2147. Inspection by legally constituted law enforcement agencies


The [Secretary](/usc/7/2132.md?p=b) shall promulgate rules and regulations requiring [dealers](/usc/7/2132.md?p=f), [exhibitors](/usc/7/2132.md?p=h), [research facilities](/usc/7/2132.md?p=e), and operators of auction sales subject to [section 2142 of this title](/usc/7/2142.md) to permit inspection of their [animals](/usc/7/2132.md?p=g) and records at reasonable hours upon request by legally constituted law enforcement agencies in search of lost [animals](/usc/7/2132.md?p=g).


# §2148. Importation of live dogs

- (a) **Definitions—** In this section:
  - (1) **Importer—** The term “importer” means any [person](/usc/7/2132.md?p=a) who, for purposes of [resale](#a-2), transports into the [United States](/usc/7/6402.md?p=8) puppies from a foreign country.
  - (2) **Resale—** The term “resale” includes any transfer of ownership or control of an imported dog of less than 6 months of age to another [person](/usc/7/2132.md?p=a), for more than de minimis consideration.
- (b) **Requirements—**
  - (1) **In general—** Except as provided in [paragraph (2)](#b-2), no [person](/usc/7/2132.md?p=a) shall import a dog into the [United States](/usc/7/6402.md?p=8) for purposes of [resale](#a-2) unless, as determined by the [Secretary](/usc/7/2132.md?p=b), the dog—
    - (A) is in good health;
    - (B) has received all necessary vaccinations; and
    - (C) is at least 6 months of age, if imported for [resale](#a-2).
  - (2) **Exception—**
    - (A) **In general—** The [Secretary](/usc/7/2132.md?p=b), by regulation, shall provide an exception to any requirement under [paragraph (1)](#b-1) in any case in which a dog is imported for—
      - (i) research purposes; or
      - (ii) veterinary treatment.
    - (B) **Lawful importation into Hawaii—** [Paragraph (1)(C)](#b-1-C) shall not apply to the lawful importation of a dog into the [State](/usc/7/2132.md?p=d) of Hawaii from the British Isles, Australia, Guam, or New Zealand in compliance with the applicable regulations of the [State](/usc/7/2132.md?p=d) of Hawaii and the other requirements of this section, if the dog is not transported out of the [State](/usc/7/2132.md?p=d) of Hawaii for purposes of [resale](#a-2) at less than 6 months of age.
- (c) **Implementation and regulations—** The [Secretary](/usc/7/2132.md?p=b), the [Secretary](/usc/7/2132.md?p=b) of Health and Human Services, the [Secretary](/usc/7/2132.md?p=b) of [Commerce](/usc/7/2132.md?p=c), and the [Secretary](/usc/7/2132.md?p=b) of Homeland Security shall promulgate such regulations as the [Secretaries](/usc/7/2132.md?p=b) determine to be necessary to implement and enforce this section.
- (d) **Enforcement—** An [importer](#a-1) that fails to comply with this section shall—
  - (1) be subject to penalties under [section 2149 of this title](/usc/7/2149.md); and
  - (2) provide for the care (including appropriate veterinary care), forfeiture, and adoption of each applicable dog, at the expense of the [importer](#a-1).

# §2149. Violations by licensees

- (a) **Temporary license suspension; notice and hearing; revocation—** If the [Secretary](/usc/7/2132.md?p=b) has reason to believe that any [person](/usc/7/2132.md?p=a) licensed as a [dealer](/usc/7/2132.md?p=f), [exhibitor](/usc/7/2132.md?p=h), or operator of an auction sale subject to [section 2142 of this title](/usc/7/2142.md), has violated or is violating any provision of this chapter, or any of the rules or regulations or standards promulgated by the [Secretary](/usc/7/2132.md?p=b) hereunder, he may suspend such [person](/usc/7/2132.md?p=a)’s [license](/usc/7/2009cc.md?p=6) temporarily, but not to exceed 21 days, and after notice and opportunity for hearing, may suspend for such additional period as he may specify, or revoke such [license](/usc/7/2009cc.md?p=6), if such violation is determined to have occurred.
- (b) **Civil penalties for violation of any section, etc.; separate offenses; notice and hearing; appeal; considerations in assessing penalty; compromise of penalty; civil action by Attorney General for failure to pay penalty; district court jurisdiction; failure to obey cease and desist order—** Any [dealer](/usc/7/2132.md?p=f), [exhibitor](/usc/7/2132.md?p=h), [research facility](/usc/7/2132.md?p=e), [intermediate handler](/usc/7/2132.md?p=i), [carrier](/usc/7/2132.md?p=j), or operator of an auction sale subject to [section 2142 of this title](/usc/7/2142.md), that violates any provision of this chapter, or any rule, regulation, or standard promulgated by the [Secretary](/usc/7/2132.md?p=b) thereunder, may be assessed a civil penalty by the [Secretary](/usc/7/2132.md?p=b) of not more than $10,000 for each such violation, and the [Secretary](/usc/7/2132.md?p=b) may also make an [order](/usc/7/2902.md?p=10) that such [person](/usc/7/2132.md?p=a) shall cease and desist from continuing such violation. Each violation and each day during which a violation continues shall be a separate offense. No penalty shall be assessed or cease and desist [order](/usc/7/2902.md?p=10) issued unless such [person](/usc/7/2132.md?p=a) is given notice and opportunity for a hearing with respect to the alleged violation, and the [order](/usc/7/2902.md?p=10) of the [Secretary](/usc/7/2132.md?p=b) assessing a penalty and making a cease and desist [order](/usc/7/2902.md?p=10) shall be final and conclusive unless the affected [person](/usc/7/2132.md?p=a) files an appeal from the [Secretary](/usc/7/2132.md?p=b)’s [order](/usc/7/2902.md?p=10) with the appropriate [United States](/usc/7/6402.md?p=8) Court of Appeals. The [Secretary](/usc/7/2132.md?p=b) shall give due consideration to the appropriateness of the penalty with respect to the size of the business of the [person](/usc/7/2132.md?p=a) involved, the gravity of the violation, the [person](/usc/7/2132.md?p=a)’s good faith, and the history of previous violations. Any such civil penalty may be compromised by the [Secretary](/usc/7/2132.md?p=b). Upon any failure to pay the penalty assessed by a final [order](/usc/7/2902.md?p=10) under this section, the [Secretary](/usc/7/2132.md?p=b) shall request the Attorney General to [institute](/usc/7/4531.md?p=6) a civil action in a district court of the [United States](/usc/7/6402.md?p=8) or other [United States](/usc/7/6402.md?p=8) court for any district in which such [person](/usc/7/2132.md?p=a) is found or resides or transacts business, to collect the penalty, and such court shall have jurisdiction to hear and decide any such action. Any [person](/usc/7/2132.md?p=a) who knowingly fails to obey a cease and desist [order](/usc/7/2902.md?p=10) made by the [Secretary](/usc/7/2132.md?p=b) under this section shall be subject to a civil penalty of $1,500 for each offense, and each day during which such failure continues shall be deemed a separate offense.
- (c) **Appeal of final order by aggrieved person; limitations; exclusive jurisdiction of United States Courts of Appeals—** Any [dealer](/usc/7/2132.md?p=f), [exhibitor](/usc/7/2132.md?p=h), [research facility](/usc/7/2132.md?p=e), [intermediate handler](/usc/7/2132.md?p=i), [carrier](/usc/7/2132.md?p=j), or operator of an auction sale subject to [section 2142 of this title](/usc/7/2142.md), aggrieved by a final [order](/usc/7/2902.md?p=10) of the [Secretary](/usc/7/2132.md?p=b) issued pursuant to this section may, within 60 days after entry of such an [order](/usc/7/2902.md?p=10), seek review of such [order](/usc/7/2902.md?p=10) in the appropriate [United States](/usc/7/6402.md?p=8) Court of Appeals in accordance with the provisions of sections [2341](/usc/28/2341.md), [2343 through 2350](/usc/28/2343..2350.md) of title 28, and such court shall have exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of the [Secretary](/usc/7/2132.md?p=b)’s [order](/usc/7/2902.md?p=10).
- (d) **Criminal penalties for violation; initial prosecution brought before United States magistrate judges; conduct of prosecution by attorneys of United States Department of Agriculture—** Any [dealer](/usc/7/2132.md?p=f), [exhibitor](/usc/7/2132.md?p=h), or operator of an auction sale subject to [section 2142 of this title](/usc/7/2142.md), who knowingly violates any provision of this chapter shall, on conviction thereof, be subject to imprisonment for not more than 1 year, or a fine of not more than $2,500, or both. Prosecution of such violations shall, to the maximum extent practicable, be brought initially before [United States](/usc/7/6402.md?p=8) magistrate judges as provided in [section 636 of title 28](/usc/28/636.md), and sections [3401](/usc/18/3401.md) and [3402](/usc/18/3402.md) of title 18, and, with the consent of the Attorney General, may be conducted, at both trial and upon appeal to district court, by attorneys of the [United States](/usc/7/6402.md?p=8) Department of Agriculture.

# [§2150. Repealed. Pub. L. 94–279, § 14, Apr. 22, 1976, 90 Stat. 421 — repealed]



# §2151. Rules and regulations


The [Secretary](/usc/7/2132.md?p=b) is authorized to promulgate such rules, regulations, and [orders](/usc/7/2902.md?p=10) as he may deem necessary in [order](/usc/7/2902.md?p=10) to effectuate the purposes of this chapter.


# §2152. Separability


If any provision of this chapter or the application of any such provision to any [person](/usc/7/2132.md?p=a) or circumstances shall be held invalid, the remainder of this chapter and the application of any such provision to [persons](/usc/7/2132.md?p=a) or circumstances other than those as to which it is held invalid shall not be affected thereby.


# §2153. Fees and authorization of appropriations


The [Secretary](/usc/7/2132.md?p=b) shall charge, assess, and cause to be collected reasonable fees for [licenses](/usc/7/2009cc.md?p=6) issued. Such fees shall be adjusted on an equitable basis taking into consideration the type and nature of the operations to be licensed and shall be deposited and covered into the Treasury as miscellaneous receipts. There are hereby authorized to be appropriated such [funds](/usc/7/4531.md?p=5) as Congress may from time to time provide: Provided, That there is authorized to be appropriated to the [Secretary](/usc/7/2132.md?p=b) of Agriculture for enforcement by the Department of Agriculture of the provisions of [section 2156 of this title](/usc/7/2156.md) 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.


# §2154. Effective dates


The regulations referred to in sections [2140](/usc/7/2140.md) and [2143](/usc/7/2143.md) of this title shall be prescribed by the [Secretary](/usc/7/2132.md?p=b) as soon as reasonable but not later than six months from August 24, 1966. Additions and amendments thereto may be prescribed from time to time as may be necessary or advisable. Compliance by [dealers](/usc/7/2132.md?p=f) with the provisions of this chapter and such regulations shall commence ninety days after the promulgation of such regulations. Compliance by [research facilities](/usc/7/2132.md?p=e) with the provisions of this chapter and such regulations shall commence six months after the promulgation of such regulations, except that the [Secretary](/usc/7/2132.md?p=b) may grant [extensions](/usc/7/5801.md?p=b-5) of time to [research facilities](/usc/7/2132.md?p=e) which do not comply with the standards prescribed by the [Secretary](/usc/7/2132.md?p=b) pursuant to [section 2143 of this title](/usc/7/2143.md) provided that the [Secretary](/usc/7/2132.md?p=b) determines that there is evidence that the [research facilities](/usc/7/2132.md?p=e) will meet such standards within a reasonable time. Notwithstanding the other provisions of this section, compliance by [intermediate handlers](/usc/7/2132.md?p=i), and [carriers](/usc/7/2132.md?p=j), and other [persons](/usc/7/2132.md?p=a) with those provisions of this chapter, as amended by the [Animal](/usc/7/2132.md?p=g) Welfare Act Amendments of 1976, and those regulations promulgated thereunder, which relate to actions of [intermediate handlers](/usc/7/2132.md?p=i) and [carriers](/usc/7/2132.md?p=j), shall commence 90 days after promulgation of regulations under [section 2143 of this title](/usc/7/2143.md), as amended, with respect to [intermediate handlers](/usc/7/2132.md?p=i) and [carriers](/usc/7/2132.md?p=j), and such regulations shall be promulgated no later than 9 months after April 22, 1976; and compliance by [dealers](/usc/7/2132.md?p=f), [exhibitors](/usc/7/2132.md?p=h), operators of auction sales, and [research facilities](/usc/7/2132.md?p=e) with other provisions of this chapter, as so amended, and the regulations thereunder, shall commence upon the expiration of 90 days after April 22, 1976: Provided, however, That compliance by all [persons](/usc/7/2132.md?p=a) with subsections [(b)](/usc/7/2143.md?p=b), [(c)](/usc/7/2143.md?p=c), and [(d)](/usc/7/2143.md?p=d) of section 2143 and with [section 2156 of this title](/usc/7/2156.md), as so amended, shall commence upon the expiration of said ninety-day period. In all other respects, said amendments shall become effective on April 22, 1976.


# [§2155. Omitted — omitted]



# §2156. Animal fighting venture prohibition

- (a) **Sponsoring or exhibiting an animal in, attending, or causing an individual who has not attained the age of 16 to attend, an animal fighting venture—**
  - (1) **Sponsoring or exhibiting—** It shall be unlawful for any [person](/usc/7/2132.md?p=a) to knowingly sponsor or exhibit an [animal](#f-4) in an [animal fighting venture](#f-1).
  - (2) **Attending or causing an individual who has not attained the age of 16 to attend—** It shall be unlawful for any [person](/usc/7/2132.md?p=a) to—
    - (A) knowingly attend an [animal fighting venture](#f-1); or
    - (B) knowingly cause an individual who has not attained the age of 16 to attend an [animal fighting venture](#f-1).
- (b) **Buying, selling, delivering, possessing, training, or transporting animals for participation in animal fighting venture—** It shall be unlawful for any [person](/usc/7/2132.md?p=a) to knowingly sell, buy, possess, train, transport, deliver, or receive any [animal](#f-4) for purposes of having the [animal](#f-4) participate in an [animal fighting venture](#f-1).
- (c) **Use of Postal Service or other interstate instrumentality for promoting or furthering animal fighting venture—** It shall be unlawful for any [person](/usc/7/2132.md?p=a) to knowingly use the mail service of the [United States](/usc/7/6402.md?p=8) Postal Service or any [instrumentality of interstate commerce](#f-2) for commercial speech for purposes of advertising an [animal](#f-4), or an instrument described in [subsection (d)](#d), for use in an [animal fighting venture](#f-1), promoting[^1] or in any other manner furthering an [animal fighting venture](#f-1) except as performed outside the limits of the [States](#f-3) of the [United States](/usc/7/6402.md?p=8).
- (d) **Buying, selling, delivering, or transporting sharp instruments for use in animal fighting venture—** It shall be unlawful for any [person](/usc/7/2132.md?p=a) to knowingly sell, buy, transport, or deliver in interstate or foreign [commerce](/usc/7/2132.md?p=c) a knife, a gaff, or any other sharp instrument attached, or designed or intended to be attached, to the leg of a bird for use in an [animal fighting venture](#f-1).
- (e) **Investigation of violations by Secretary; assistance by other Federal agencies; issuance of search warrant; forfeiture; costs recoverable in forfeiture or civil action—** The [Secretary](/usc/7/2132.md?p=b) or any other [person](/usc/7/2132.md?p=a) authorized by him shall make such investigations as the [Secretary](/usc/7/2132.md?p=b) deems necessary to determine whether any [person](/usc/7/2132.md?p=a) has violated or is violating any provision of this section, and the [Secretary](/usc/7/2132.md?p=b) may obtain the assistance of the Federal Bureau of Investigation, the Department of the Treasury, or other law enforcement agencies of the [United States](/usc/7/6402.md?p=8), and [State](#f-3) and local governmental agencies, in the conduct of such investigations, under cooperative agreements with such agencies. A warrant to search for and seize any [animal](#f-4) which there is probable cause to believe was involved in any violation of this section may be issued by any judge of the [United States](/usc/7/6402.md?p=8) or of a [State](#f-3) court of record or by a [United States](/usc/7/6402.md?p=8) magistrate judge within the district wherein the [animal](#f-4) sought is located. Any [United States](/usc/7/6402.md?p=8) marshal or any [person](/usc/7/2132.md?p=a) authorized under this section to conduct investigations may apply for and execute any such warrant, and any [animal](#f-4) seized under such a warrant shall be held by the [United States](/usc/7/6402.md?p=8) marshal or other authorized [person](/usc/7/2132.md?p=a) pending disposition thereof by the court in accordance with this subsection. Necessary care including veterinary treatment shall be provided while the [animals](#f-4) are so held in custody. Any [animal](#f-4) involved in any violation of this section shall be liable to be proceeded against and forfeited to the [United States](/usc/7/6402.md?p=8) at any time on complaint filed in any [United States](/usc/7/6402.md?p=8) district court or other court of the [United States](/usc/7/6402.md?p=8) for any jurisdiction in which the [animal](#f-4) is found and upon a judgment of forfeiture shall be disposed of by sale for lawful purposes or by other humane means, as the court may direct. Costs incurred for care of [animals](#f-4) seized and forfeited under this section shall be recoverable from the owner of the [animals](#f-4) (1) if he appears in such forfeiture proceeding, or (2) in a separate civil action brought in the jurisdiction in which the owner is found, resides, or transacts business.
- (f) **Definitions—** In this section—
  - (1) the term “animal fighting venture” means any event, in or affecting interstate or foreign [commerce](/usc/7/2132.md?p=c), that involves a fight conducted or to be conducted between at least 2 [animals](#f-4) for purposes of sport, wagering, or entertainment, except that the term “animal fighting venture” shall not be deemed to include any activity the primary purpose of which involves the use of one or more [animals](#f-4) in hunting another [animal](#f-4);
  - (2) the term “instrumentality of interstate commerce” means any written, wire, radio, television or other form of communication in, or using a facility of, interstate [commerce](/usc/7/2132.md?p=c);
  - (3) the term “State” means any State of the [United States](/usc/7/6402.md?p=8), the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the [United States](/usc/7/6402.md?p=8);[^2]
  - (4) the term “animal” means any live bird, or any live mammal, except man.
- (g) **Relationship to other provisions—** The conduct by any [person](/usc/7/2132.md?p=a) of any activity prohibited by this section shall not render such [person](/usc/7/2132.md?p=a) subject to the other sections of this chapter as a [dealer](/usc/7/2132.md?p=f), [exhibitor](/usc/7/2132.md?p=h), or otherwise.
- (h) **Conflict with State law—**
  - (1) **In general—** The provisions of this chapter shall not supersede or otherwise invalidate any such [State](#f-3), local, or municipal legislation or ordinance relating to [animal fighting ventures](#f-1) except in case of a direct and irreconcilable conflict between any requirements thereunder and this chapter or any rule, regulation, or standard hereunder.
  - (2) **Omitted—**
- (i) **Criminal penalties—** The criminal penalties for violations of subsection [(a)](#a), [(b)](#b), [(c)](#c), or [(d)](#d) are provided in [section 49 of title 18](/usc/18/49.md).

# §2157. Release of trade secrets

- (a) **Release of confidential information prohibited—** It shall be unlawful for any member of an Institutional [Animal](/usc/7/2132.md?p=g) [Committee](/usc/7/2132.md?p=n) to release any confidential information of the [research facility](/usc/7/2132.md?p=e) including any information that concerns or relates to—
  - (1) the trade secrets, processes, operations, style of work, or apparatus; or
  - (2) the identity, confidential statistical data, amount or source of any income, profits, losses, or expenditures,

  of the [research facility](/usc/7/2132.md?p=e).

- (b) **Wrongful use of confidential information prohibited—** It shall be unlawful for any member of such [Committee](/usc/7/2132.md?p=n)—
  - (1) to use or attempt to use to his advantages; or
  - (2) to reveal to any other [person](/usc/7/2132.md?p=a),

  any information which is entitled to protection as confidential information under [subsection (a)](#a).

- (c) **Penalties—** A violation of subsection [(a)](#a) or [(b)](#b) is punishable by—
  - (1) removal from such [Committee](/usc/7/2132.md?p=n); and
  - (2)
    - (A) a fine of not more than $1,000 and imprisonment of not more than one year; or
    - (B) if such violation is willful, a fine of not more than $10,000 and imprisonment of not more than three years.
- (d) **Recovery of damages by injured person; costs; attorney’s fee—** Any [person](/usc/7/2132.md?p=a), including any [research facility](/usc/7/2132.md?p=e), injured in its business or property by reason of a violation of this section may recover all actual and consequential damages sustained by such [person](/usc/7/2132.md?p=a) and the cost of the suit including a reasonable attorney’s fee.
- (e) **Other rights and remedies—** Nothing in this section shall be construed to affect any other rights of a [person](/usc/7/2132.md?p=a) injured in its business or property by reason of a violation of this section. [Subsection (d)](#d) shall not be construed to limit the exercise of any such rights arising out of or relating to a violation of subsections [(a)](#a) and [(b)](#b).

# §2158. Protection of pets

- (a) **Holding period—**
  - (1) **Requirement—** In the case of each dog or cat acquired by an entity described in [paragraph (2)](#a-2), such entity shall hold and care for such dog or cat for a period of not less than five days to enable such dog or cat to be recovered by its original owner or adopted by other individuals before such entity sells such dog or cat to a [dealer](/usc/7/2132.md?p=f).
  - (2) **Entities described—** An entity subject to [paragraph (1)](#a-1) is—
    - (A) each [State](/usc/7/2132.md?p=d), county, or city owned and operated pound or shelter;
    - (B) each private entity established for the purpose of caring for [animals](/usc/7/2132.md?p=g), such as a humane society, or other organization that is under [contract](/usc/7/518.md?p=4) with a [State](/usc/7/2132.md?p=d), county, or city that operates as a pound or shelter and that releases [animals](/usc/7/2132.md?p=g) on a voluntary basis; and
    - (C) each [research facility](/usc/7/2132.md?p=e) licensed by the Department of Agriculture.
- (b) **Certification—**
  - (1) **In general—** A [dealer](/usc/7/2132.md?p=f) may not sell, provide, or make available to any individual or entity a random source dog or cat unless such [dealer](/usc/7/2132.md?p=f) provides the recipient with a valid certification that meets the requirements of [paragraph (2)](#b-2) and indicates compliance with [subsection (a)](#a).
  - (2) **Requirements—** A valid certification shall contain—
    - (A) the name, address, and Department of Agriculture [license](/usc/7/2009cc.md?p=6) or registration number (if such number exists) of the [dealer](/usc/7/2132.md?p=f);
    - (B) the name, address, Department of Agriculture [license](/usc/7/2009cc.md?p=6) or registration number (if such number exists), and the signature of the recipient of the dog or cat;
    - (C) a description of the dog or cat being provided that shall include—
      - (i) the species and breed or type of such;
      - (ii) the sex of such;
      - (iii) the date of birth (if known) of such;
      - (iv) the color and any distinctive marking of such; and
      - (v) any other information that the [Secretary](/usc/7/2132.md?p=b) by regulation shall determine to be appropriate;
    - (D) the name and address of the [person](/usc/7/2132.md?p=a), pound, or shelter from which the dog or cat was purchased or otherwise acquired by the [dealer](/usc/7/2132.md?p=f), and an assurance that such [person](/usc/7/2132.md?p=a), pound, or shelter was notified that such dog or cat may be used for research or educational purposes;
    - (E) the date of the purchase or acquisition referred to in [subparagraph (D)](#b-2-D);
    - (F) a statement by the pound or shelter (if the [dealer](/usc/7/2132.md?p=f) acquired the dog or cat from such) that it satisfied the requirements of [subsection (a)](#a); and
    - (G) any other information that the [Secretary](/usc/7/2132.md?p=b) of Agriculture by regulation shall determine appropriate.
  - (3) **Records—** The original certification required under [paragraph (1)](#b-1) shall accompany the shipment of a dog or cat to be sold, provided, or otherwise made available by the [dealer](/usc/7/2132.md?p=f), and shall be kept and maintained by the [research facility](/usc/7/2132.md?p=e) for a period of at least one year for enforcement purposes. The [dealer](/usc/7/2132.md?p=f) shall retain one copy of the certification provided under this paragraph for a period of at least one year for enforcement purposes.
  - (4) **Transfers—** In instances where one [research facility](/usc/7/2132.md?p=e) transfers [animals](/usc/7/2132.md?p=g) to another [research facility](/usc/7/2132.md?p=e) a copy of the certificate must accompany such transfer.
  - (5) **Modification—** Certification requirements may be modified to reflect technological advances in identification techniques, such as microchip technology, if the [Secretary](/usc/7/2132.md?p=b) determines that adequate information such as described in this section, will be collected, transferred, and maintained through such technology.
- (c) **Enforcement—**
  - (1) **In general—** [Dealers](/usc/7/2132.md?p=f) who fail to act according to the requirements of this section or who include false information in the certification required under [subsection (b)](#b), shall be subject to the penalties provided for under [section 2149 of this title](/usc/7/2149.md).
  - (2) **Subsequent violations—** Any [dealer](/usc/7/2132.md?p=f) who violates this section more than one time shall be subject to a fine of $5,000 per dog or cat acquired or sold in violation of this section.
  - (3) **Permanent revocations—** Any [dealer](/usc/7/2132.md?p=f) who violates this section three or more times shall have such [dealers](/usc/7/2132.md?p=f) [license](/usc/7/2009cc.md?p=6) permanently revoked.
- (d) **Regulation—** Not later than 180 days after November 28, 1990, the [Secretary](/usc/7/2132.md?p=b) shall promulgate regulations to carry out this section.

# §2159. Authority to apply for injunctions

- (a) **Request—** Whenever the [Secretary](/usc/7/2132.md?p=b) has reason to believe that any [dealer](/usc/7/2132.md?p=f), [carrier](/usc/7/2132.md?p=j), [exhibitor](/usc/7/2132.md?p=h), or [intermediate handler](/usc/7/2132.md?p=i) is dealing in stolen [animals](/usc/7/2132.md?p=g), or is placing the health of any [animal](/usc/7/2132.md?p=g) in serious danger in violation of this chapter or the regulations or standards promulgated thereunder, the [Secretary](/usc/7/2132.md?p=b) shall notify the Attorney General, who may apply to the [United States](/usc/7/6402.md?p=8) district court in which such [dealer](/usc/7/2132.md?p=f), [carrier](/usc/7/2132.md?p=j), [exhibitor](/usc/7/2132.md?p=h), or [intermediate handler](/usc/7/2132.md?p=i) resides or conducts business for a temporary restraining [order](/usc/7/2902.md?p=10) or injunction to prevent any such [person](/usc/7/2132.md?p=a) from operating in violation of this chapter or the regulations and standards prescribed under this chapter.
- (b) **Issuance—** The court shall, upon a proper showing, issue a temporary restraining [order](/usc/7/2902.md?p=10) or injunction under [subsection (a)](#a) without bond. Such injunction or [order](/usc/7/2902.md?p=10) shall remain in effect until a complaint pursuant to [section 2149 of this title](/usc/7/2149.md) is issued and dismissed by the [Secretary](/usc/7/2132.md?p=b) or until an [order](/usc/7/2902.md?p=10) to cease and desist made thereon by the [Secretary](/usc/7/2132.md?p=b) has become final and effective or is set aside on appellate review. Attorneys of the Department of Agriculture may, with the approval of the Attorney General, appear in the [United States](/usc/7/6402.md?p=8) district court representing the [Secretary](/usc/7/2132.md?p=b) in any action brought under this section.