ANIMAL WELFARE ACT as amended (7 U.S.C. §§ 2131 et. seq.) - NEWPORT BEACH PUPPY MILL WELFARE

ANIMAL WELFARE ACT as amended
(7 U.S.C. §§ 2131 et. seq.)
Section 1.
(a) This Act may be cited as the “Animal Welfare
Act”.
(b) The Congress finds that animals and
activities which are regulated under this Act are
e i the r   in  int e r s t a t e  or   for e ign  comme r c e  or
substantially affect such commerce or the free flow
thereof, and that regulation of animals and activities
as provided in this Act is necessary to prevent and
eliminate burdens upon such commerce and to
effectively regulate such commerce, in order—
(1) to insure that animals intended for use
in research facilities or for exhibition purposes
or for use as pets are provided humane care
and treatment;
(2) to assure the humane treatment of
animals during transportation in commerce;
and
(3) to protect the owners of animals from
the theft of their animals by preventing the sale or
use of animals which have been stolen.
The Congress further finds that it is essential to
regulate, as provided in this Act, the transportation,
purchase, sale, housing, care, handling, and
treatment of animals by carriers or by persons or
organizations
engaged in using them for research or experimental
purposes or for exhibition purposes or holding them
for sale as pets or for any such purpose or use. The
Congress further finds that—
(1) the use of animals is instrumental in
certain research and education for advancing
knowledge of cures and treatment for
diseases and injuries which afflict both humans
and animals;
(2) methods of testing that do not use
animals are being and continue to be developed
which are faster, less expensive, and more
accurate than traditional animal experiments for
some purposes and further opportunities exist
for the development of these methods of
testing;
(3) measures which eliminate or minimize
the unnecessary duplication of experiments
on animals can result in more productive use
of Federal funds; and
(4) measures which help meet the public
concern for laboratory animal care and
treatment are important in assuring that
research will continue to progress.
(7 U.S.C. § 2131) (P.L. 89-544, § 1, Aug. 24, 1966,
80 Stat. 350; P.L. 91-579, § 2, Dec. 24, 1970, 84
Stat. 1560; renumbered and amended by P.L. 94-
279, § 2, Apr. 22, 1976, 90 Stat. 417)
Section 2. When used in this Act—
(a) The term “Person” includes any individual,
partnership, firm, joint stock company, corporation.
association, trust, estate, or other
legal entity;
(b) The term “Secretary” means the Secretary
of Agriculture of the United States or his
representative who shall be an employee of the
United States Department of Agriculture;
(c) The term “commerce” means trade, traffic,
transportation, or other commerce
(1) between a place in a State and any
place outside of such State, or between
points within the same State but through any
place outside thereof, or within any territory,
possession, or the District of Columbia;
(2) which affects trade, traffic,
transportation, or other commerce described
in paragraph (1),
(d) The term “State” means a State of the
United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, or any other
territory or possession of the United States;
(e) The term “research facility” means any
school (except an elementary or secondary school),
institution, organization, or person
that uses or intends to use live animals in research,
tests, or experiments, and that (1) purchases or
transports live animals in commerce, or (2) receives
funds under a grant, award, loan, or contract from
a department, agency, or instrumentality of the
United States for the purpose of carrying out
research, tests, or experiments: Provided, That the
Secretary may exempt, by regulation, any suchschool, institution, organization, or person that does
not use or intend to use live dogs or cats, except
those schools, institutions, organizations, or
pe r sons ,  whi ch us e   subs t ant i a l  numbe r s   ( a s
determined by the Secretary) or live animals the
principal function of which schools, institutions,
organizations, or persons, is biomedical research
or testing, when in the judgment of the Secretary,
any such exemption does not vitiate the purpose of
this Act;
(f) The term “dealer” means any person who,
in commerce, for compensation or profit, delivers
for transportation, or transports, except as a carrier,
buys, or sells, or negotiates the purchase or sale of,
(1) any dog or other animal whether alive or dead
for research, teaching, exhibition, or use as a pet,
or (2) any dog for hunting, security, or breeding
purposes, except that this term does not include
(i) a retail pet store except such store which
sells any  animals to a research facility, an exhibitor,
or a dealer; or
( i i )   any pe r son who doe s  not   s e l l ,  or
negotiate the purchase or sale or any wild animal,
dog, or cat and who derives no more than $500
gross income from the sale of other animals during
any calendar year;
(g) The term “animal” means any live or dead
dog, cat, monkey (nonhuman primate mammal),
guinea pig, hamster, rabbit, or such other warmblooded animal, as the Secretary may determine is
being used, or is intended for use, for research,
testing, experimentation, or exhibition purposes or
as a pet; but such term excludes horses not used
for research purposes and 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 improving animal
nutrition, breeding, management or production
efficiency, or for improving the quality of food
or fiber. With respect to a dog the term means all
dogs including those used for hunting, security, or
breeding purposes;
(h) The term “exhibitor” means any person
(public or private) exhibiting any animals, which
were purchased in commerce or the intended
distribution of which affects commerce, or will
affect commerce, to the public for compensation,
as determined by the Secretary, and such term
includes carnivals, circuses, and zoos exhibiting
such animals whether operated for profit or not;
b u t   s u c h   t e r m   e x c l u d e s   r e t a i l   p e t   s t o r e s ,
o  rg a n i z a t i o n s   s p o n s o r i n g   a n d   a l l   p e r s o n s
participating in State and
country fairs, livestock shows, rodeos, purebred
dog and cat shows, and any other fairs or exhibitions
intended to advance agricultural arts and
sciences, as may be determined by the Secretary;
(i) The term “intermediate handler” means any
p e r s o n   i n c l u d i n g   a   d e p a r tme n t ,   a g e n c y,   o r
instrumentality of the United States or of any State
or local government (other than a dealer, research
facility, exhibitor, any person excluded from the
definition of a dealer, research facility, or exhibitor,
an operator of an auction sale, or a carrier) who is
engaged in any business in which he receives
custody of animals in connection with their
transportation in commerce; and
(j) The term “carrier” means the operator of
any airline, railroad, motor carrier, shipping line,
or other enterprise, which is engaged in the business
or transporting any animals for hire.
(k) The term “Federal agency” means an
Executive agency as such term is defined in section
105 of Title 5, United States Code, and with respect
to any research facility means the agency from
which the research facility means the agency from
which the research facility receives a Federal award
for the conduct of research, experimentation, or
testing, involving the use of animals;
(l) The term “Federal award for the conduct of
research, experimentation, or testing, involving the
use of animals” means any mechanism (including a
grant, award, loan, contract, or cooperative
agreement) under which Federal funds are provided
to support the conduct of such research;
(m) The term “quorum” means a majority of
the Committee members;
( n )   T h e   t e r m   “ C o m m i t t e e ”   m e a n s   t h e
Institutional Animal Committee established under
section 13(b); and
(o) The term “Federal research facility” means
each department, agency, or instrumentality of the
United States which uses live animals for research
of experimentation.(7 U.S.C. § 2132) (P.L. 89-544, § 2, Aug. 24. 1966,
80 Stat. 350; P.L. 91-579, § 3, Dec. 24, 1970, 84
Stat. 1560; P.L. 94-279 §§ 3, 4, Apr. 22, 1976, 90
Stat. 417, 418; P.L. 99-198, Title XVII, § 1756(a),
Dec. 23, 1985,, 99 Stat. 1650)
Section 3.  The Secretary shall issue licenses
to dealers and exhibitors upon application therefor
in such form and manner as he may prescribe and
upon payment of such fee established pursuant to
section 23 of this Act: Provided, That no such
license shall be issued until the dealer or exhibitor
shall have demonstrated that his facilities comply
with the standards promulgated by the Secretary
pursuant to section 13 of this Act: Provided,
however, That any retail pet store or other person
who derives less than a substantial portion of his
income (as determined by the Secretary) from the
breeding and raising of dogs or cats on his own
premises and sells any such dog or cat to a dealer
or research facility shall not be required to obtain a
license as a dealer or exhibitor under this Act. The
Secretary is further authorized to license, as
dealers or exhibitors persons who do not qualify as
dealers or exhibitors within the meaning of this Act
upon such persons complying with the requirements
specified above and agreeing, in writing, to
comply with all the requirements of this Act and
the regulations promulgated by the Secretary
hereunder.
(7 U.S.C. § 2133) (P.L. 89-544, § 3, Aug. 24, 1966,
80 Stat. 351; P.L. 91-579, § 4, Dec. 24, 1970, 84
Stat. 1561)
Section 4. No dealer or exhibitor shall sell or
offer to sell or transport or offer for transportation,
in commerce, to any research facility or for
exhibition or for use as a pet any animal, or buy,
sell, offer to buy or sell, transport or offer for
transportation, in commerce, to or from another
dealer or exhibitor under this Act any animal,
unless and until such dealer or exhibitor shall have
obtained a license from the Secretary and such
license shall not have been amended or revoked.
(7 U.S.C. § 2134) (P.L. 89-544, § 4, Aug. 24. 1966,
80 Stat. 351; P.L.91-579, § 5, Dec. 24, 1970, 84
Stat. 1561; P.L. 94-279, § 5, Apr. 22, 1976, 90
Stat. 418)
Section 5. No dealer or exhibitor shall sell or
dispose of any dog or cat within a period of 5
business days after the acquisition of such animal
or within such other period as way be specified by
the Secretary: Provided, that operators of auction
sales subject to section 12 of this Act shall not be
required to comply with the provisions of this
section.
(7 U.S.C. § 2135) (P.L. 89-544, § 5, Aug. 24, 1966,
80 Stat. 351; P.L.
91-579. § 6, Dec. 24, 1970, 84 Stat. 1561)
Section 6. Every research facility, every
intermediate handler, every carrier, and every
exhibitor not licensed under section 3 of this Act
shall register with the Secretary in accordance with
such rules and regulations as he may prescribe.
(7 U.S.C. § 2136) (P.L. 89-544, § 6, Aug. 24, 1966,
80 Stat. 351; P.L. 91-579, § 7, Dec. 24, 1970, 84
Stat. 1561; P.L. 94-279, § 6, Apr. 22, 1976, 90
Stat. 418)
Section 7. It shall be unlawful for any research
facility to purchase any dog or cat from any person
except an operator of an auction sale subject to
section 12 of this Act or a person holding a valid
license as a dealer or exhibitor issued by the
Secretary pursuant to this Act unless such person
is exempted from obtaining such license under
section 3 of this Act.
(7 U.S.C. § 2137) (P.L. 89-544, § 7, Aug. 24, 1966,
80 Stat. 351; P.L. 91-579. § 8, Dec. 24, 1970. 84
Stat. 1561)
S e c t i o n   8 .  N o   d e p a r t m e n t ,   a g e n c y,   o r
instrumentality of the United States which uses
a n ima l s   f o r   r e s e a r c h   o r   e x p e r ime n t a t i o n   o r
exhibition shall purchase or otherwise acquire any
dog or cat for such purposes from any person exceptan operator of an auction sale subject to section 12
of this Act or a person holding a valid license as a
dealer or exhibitor issued by the Secretary pursuant
to this Act unless such person is exempted from
obtaining such license under section 3 of this Act.
(7 U.S.C. § 2138) (P.L. 89-544, § 8, Aug. 24, 1966,
80 Stat. 351; P.L. 91-579, § 9, Dec. 24, 1970, 84
Stat. 1562)
Section 9. When construing or enforcing the
provisions of this Act, the act, omission, or failure
of any person acting for or employed by a research
facility, a dealer, or an exhibitor or a person licensed
as a dealer or an exhibitor pursuant to the second
sentence of section 3, or an operator of an auction
sale subject to section 12 of this Act, or an
intermediate handler or a carrier, within the scope
of his employment or office, shall be deemed the
act, omission, or failure of such research facility,
dealer, exhibitor, licensee, operator of an auction
sale, intermediate handler, or carrier, as well of such
person.
(7 U.S.C. § 2139) (P.L. 89-544, § 9, Aug. 24, 1966,
80 Stat. 351; P.L. 91-579, § 10, Dec. 24, 1970, 84
Stat. 1562; P.L. 94-279, § 7, Apr. 22, 1976, 90
Stat. 418)
Section 10. Dealers and exhibitors shall make
and retain for such reasonable period of time as the
Secretary may prescribe, such records with respect
to the purchase, sale, transportation, identification,
and previous ownership of animals as the Secretary
may prescribe. Research facilities shall make and
retain such records only with respect to the
purchase, sale, transportation, identification, and
previous ownership of live dogs and cats. At the
request of the Secretary, any regulatory agency of
the Federal Government which requires records to
be maintained by intermediate handlers and carriers
with respect to the transportation, receiving,
handl ing,   and de l ive ry of   anima l s  on  forms
prescribed by the agency, shall require there to be
included in such forms, and intermediate handlers
and carriers shall include in such forms, such
information as the Secretary may require for the
e f f e c t i v e   a d m i n i s t r a t i o n   o f   t h i s   A c t .   S u c h
information shall be retained for such reasonable
period of time as the Secretary may prescribe. If
regulatory agencies of the Federal Government do
not prescribe requirements for any such forms,
intermediate handlers and carriers shall make and
retain for such reasonable period as the Secretary
may prescribe such records with respect to the
transportation, receiving, handling, and delivery of
animals as the Secretary may prescribe. Such
records shall be made available at all reasonable
times for inspection and copying by the Secretary.
(7 U.S.C. § 2140) (P.L. 89-544, § 10, Aug. 24,
1966, 80 Stat. 351; P.L. 91-579, § 11, Dec. 24,
1970, 84 Stat. 1562; P.L. 94-279, § 8, Apr. 22,
1976, 90 Stat. 418)
S e c t i o n   11  .  A l l   a n i m a l s   d e l i v e r e d   f o r
transportation, transported, purchased, or sold, in
commerce, by a dealer or exhibitor shall be marked
or identified at such time and in such humane
manner as the Secretary may prescribe: Provided,
That only live dogs and cats need be so marked or
identified by a research facility.
(7 U.S.C. § 2141) (P.L. 89-544, § 11, Aug. 24,
1966, 80 Stat. 351; P.L. 91-579, § 12, Dec. 24.
1970, 84 Stat. 1562; P.L. 94-279, § 5. Apr. 22,
1976, 90 Stat. 418)
Section 12. The Secretary is authorized to
promulgate humane standards and recordkeeping
requirements governing the purchase, handling, or
sale of animals, in commerce, by dealers, research
facilities, and exhibitors at auction sales and by the
operators of such auction sales. The Secretary is
also authorized to require the licensing of operators
of auction sales where any dogs or cats are sold, in
commerce, trader such conditions as he may
prescribe, and upon payment of such fee as
prescribed by the Secretary under section 23 of this
Act.(7 U.S.C. § 2142) (P.L. 89-544, § 12, Aug. 24,
1966, 80 Stat. 351; P.L. 91-579, § 13, Dec. 24,
1970, 84 Stat. 1562; P.L. 94-279, § 5, Apr. 22,
1976, 90 Stat. 418.)
S e c t i o n   1 3.   ( a ) ( 1 )   T h e   S e c r e t a r y   s h a l l
promulgate standards to govern the humane
handling, care, treatment, and transportation of
a n ima l s   b y   d e a l e r s ,   r e s e a r c h   f a c i l i t i e s ,   a n d
exhibitors.
(2) The standards described in paragraph
(1) shall include minimum requirements—
(A) for handling, housing, feeding,
watering, sanitation, ventilation, shelter from
extremes of weather and temperatures, adequate
veterinary care, and separation by species where
the Secretary finds necessary for humane handling,
care, or treatment of animals; and
(B) for exercise of dogs, as determined
by an attending veterinarian in accordance with the
general standards promulgated by the
Secretary, and for a physical environment adequate
to promot e   the  psychologi c a l  we l l -be ing of
primates.
(3) In addition to the requirements under
paragraph (2), the standards described in paragraph
(1) shall, with respect ot animals in research
facilities, include requirements—
(A) for animal care, treatment, and practices
in experimental procedures to ensure that animal
pain and distress are minimized, including adequate
veterinary care with the appropriate use of
anesthetic, analgesic or tranquilizing drugs, or
euthanasia;
(B) that the principal investigator considers
alternatives to any procedure likely to produce pain
or distress in an experimental animal;
(C) in any practice which could cause pain
to animals-
(i) that a doctor of veterinary medicine
is consulted in the planning of such procedures;
( i i )   f o r   t h e   u s e   o f   t r a n q u i l i z e r s ,
analgesics, and anesthetics;
(iii) for presurgical and postsurgical care
b y   l a b o r a t o r y   w o r k e r s   i n   a c c o r d a n c e   w i t h
e s t a b l i s h e d   v e t e r i n a r y  me d i c a l   a n d   n u r s i n g
procedures;
(iv) against the use of paralytics without
anesthesia; and
(v) that the withholding of tranquilizers,
a n e s t h e s i a ,   a n a l g e s i a ,   o r   e u t h a n a s i a   w h e n
scientifically necessary shall continue for only the
necessary period of time;
(D) that no animal is used in more than one
major operative experimenta from which it is
allowed to recover except in cases of—
(i) scientific necessity; or
( i i )   o t h e r   s p e c i a l   c i r c u m s t a n c e s   a s
determined by the Secretary; and
(E) that exceptions to such standards may
be made only when specified by research protocol
and that any such exception shall be detailed and
explained in a report outlined under paragraph (7)
and filed with the Institutional Animal Committee.
(4) The Secretary shall also promulgate
standards to govern the transportation in commerce
to govern the transportation in commerce, and the
handl ing,   c a r e ,   and  t r e a tment   in  conne c t ion
therewith, by intermediate handlers, air carriers, or
other carriers, of animals consigned by a dealer,
research facility, exhibitor, operator of an auction
sale, or other person, or any department, agency,
or instrumentality of the United States or of any
State or local government, for transportation in
commerce. The Secretary shall have authority to
promulgate such rules and regulations as he
determines necessary to assure humane treatment
of animals in the course of their transportation
in commerce including requirements such as those
with respect to containers, feed, water, rest,
ventilation, temperature, and handling.
(5) In promulgating and enforcing standards
established pursuant to this section, the Secretary
is authorized and directed to consult experts,
including outside consultants where indicated.
(6)(A) Nothing in this Act—
(i) except as provided in paragraph (7)
of this subsection, shall be construed as authorizing
the Secretary to promulgate rules, regulations, or
orders with regard to design, outlines, guidelines
o r   p e r f o r m a n c e   o f   a c t u a l   r e s e a r c h   o r
experimentation by a research facility as determined
by such research facility;
(ii) except as provided in subparagraphs(A) and (C)(ii) through (v) of paragraph (3) and
paragraph (7) of this subsection, shall be construed
as authorizing the Secretary to promulgate rules,
r e g u l a t i o n s ,   o r   o r d e r s   w i t h   r e g a r d   t o   t h e
performance of actual research or experimentation
by a research facility as determined by such  research
facility; and
(iii) shall authorize the Secretary, during
inspection, to interrupt the conduct of actual
research or experimentation.
(B) No rule, regulation, order, or part of
this Act shall be construed to require a research
facility to disclose publicly or to the Institutional
Animal Committee during its inspection, trade
secrets or commercial or financial information
which is privileged or confidential.
(7)(A) The Secretary shall require each
research research facility to show upon inspection,
and to report at least annually, that the provisions
o f   t h i s   A c t   a r e   b e i n g   f o l l o w e d   a n d   t h a t
professionally acceptable standards governing the
care, treatment, and use of animals are being
followed by the research facility during actual
research or experimentation.
(B) In complying with subparagraph (A),
such research facilities shall provide—
(i) information on procedures likely to
produc e  pa in or  di s t r e s s   in  any  anima l   and
a s sur anc e s  demons t r a t ing  tha t   the  pr inc ipa l
investigator considered alternatives to those
procedures;
( i i )   a s sur anc e s   s a t i s f a c tory  to  the
Secretary that such facility is adhering to the
standards described in this section; and
(iii) an explanation for any deviation
from the standards promulgated under this section.
(8) Paragraph (1) shall not prohibit any State (or a
p o l i t i c a l   s u b d i v i s i o n   o f   s u c h   S t a t e )   f r o m
promulga t ing  s t anda rds   in  addi t ion  to  thos e
standards promulgated by the Secretary under
paragraph (1).
(b)(1) The Secretary shall require that each
research facility establish at least one Committee.
Each Committee shall be appointed by the chief
executive officer of each such research facility and
shall be composed of not fewer than three members.
Such members shall possess sufficient ability to
assess animal care, treatment, and practices in
experimental research as determined by the needs
of the research facility and shall represent society’s
concerns regarding the welfare of animal subjects
used at such facility. Of the members of the
Committee- -
(A) at least one member shall be a doctor
of  veterinary medicine;
(B) at least one member—
(i) shall not be affiliated in any way with
such facility other than as a member of the
Committee—
( i i )   sha l l  not  be   a  membe r  of   the
immediate family of a person who is affiliated with
such facility; and
( i i i )   i s   i n t e n d e d   t o   p r o v i d e
representation for general community interests in
the proper care and treatment of animals; and
(C) in those cases where the Committee
consists of more than three members, not more than
three members shall be from the same administrative
unit of such facility.
(2) A quorum shall be required for all formal
actions of the Committee, including inspections
under paragraph (3).
(3) The Committee shall inspect at least
semiannually all animal study areas and animal
facilities of such research facility and review as
part of the inspection—
(A) practices involving pain to animals, and
(B) the condition of animals, to ensure
compliance with the provisions of this Act to
minimize pain and distress to animals. Exceptions
to the requirement of inspection of such study areas
may be made by the Secretary if animals are studied
in their natural environment and the study area is
prohibitive to easy access.
(4)(A) The Committee shall file an inspection
certification report of each inspection at the research
facility. Such report shall—
(i) be signed by a majority of the
Committee members involved in the inspection;
(ii) include reports of any violation of
the standards promulgated, or assurances required,
by the Secretary, including any deficient conditions
of animal care or treatment, any deviations of
r e s e a r ch pr a c t i c e s   f rom or igina l ly  approved

ANIMAL WELFARE ACT as amended
(7 U.S.C. §§ 2131 et. seq.)
Section 1.
(a) This Act may be cited as the “Animal Welfare
Act”.
(b) The Congress finds that animals and
activities which are regulated under this Act are
e i the r   in  int e r s t a t e  or   for e ign  comme r c e  or
substantially affect such commerce or the free flow
thereof, and that regulation of animals and activities
as provided in this Act is necessary to prevent and
eliminate burdens upon such commerce and to
effectively regulate such commerce, in order—
(1) to insure that animals intended for use
in research facilities or for exhibition purposes
or for use as pets are provided humane care
and treatment;
(2) to assure the humane treatment of
animals during transportation in commerce;
and
(3) to protect the owners of animals from
the theft of their animals by preventing the sale or
use of animals which have been stolen.
The Congress further finds that it is essential to
regulate, as provided in this Act, the transportation,
purchase, sale, housing, care, handling, and
treatment of animals by carriers or by persons or
organizations
engaged in using them for research or experimental
purposes or for exhibition purposes or holding them
for sale as pets or for any such purpose or use. The
Congress further finds that—
(1) the use of animals is instrumental in
certain research and education for advancing
knowledge of cures and treatment for
diseases and injuries which afflict both humans
and animals;
(2) methods of testing that do not use
animals are being and continue to be developed
which are faster, less expensive, and more
accurate than traditional animal experiments for
some purposes and further opportunities exist
for the development of these methods of
testing;
(3) measures which eliminate or minimize
the unnecessary duplication of experiments
on animals can result in more productive use
of Federal funds; and
(4) measures which help meet the public
concern for laboratory animal care and
treatment are important in assuring that
research will continue to progress.
(7 U.S.C. § 2131) (P.L. 89-544, § 1, Aug. 24, 1966,
80 Stat. 350; P.L. 91-579, § 2, Dec. 24, 1970, 84
Stat. 1560; renumbered and amended by P.L. 94-
279, § 2, Apr. 22, 1976, 90 Stat. 417)
Section 2. When used in this Act—
(a) The term “Person” includes any individual,
partnership, firm, joint stock company, corporation.
association, trust, estate, or other
legal entity;
(b) The term “Secretary” means the Secretary
of Agriculture of the United States or his
representative who shall be an employee of the
United States Department of Agriculture;
(c) The term “commerce” means trade, traffic,
transportation, or other commerce
(1) between a place in a State and any
place outside of such State, or between
points within the same State but through any
place outside thereof, or within any territory,
possession, or the District of Columbia;
(2) which affects trade, traffic,
transportation, or other commerce described
in paragraph (1),
(d) The term “State” means a State of the
United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, or any other
territory or possession of the United States;
(e) The term “research facility” means any
school (except an elementary or secondary school),
institution, organization, or person
that uses or intends to use live animals in research,
tests, or experiments, and that (1) purchases or
transports live animals in commerce, or (2) receives
funds under a grant, award, loan, or contract from
a department, agency, or instrumentality of the
United States for the purpose of carrying out
research, tests, or experiments: Provided, That the
Secretary may exempt, by regulation, any suchschool, institution, organization, or person that does
not use or intend to use live dogs or cats, except
those schools, institutions, organizations, or
pe r sons ,  whi ch us e   subs t ant i a l  numbe r s   ( a s
determined by the Secretary) or live animals the
principal function of which schools, institutions,
organizations, or persons, is biomedical research
or testing, when in the judgment of the Secretary,
any such exemption does not vitiate the purpose of
this Act;
(f) The term “dealer” means any person who,
in commerce, for compensation or profit, delivers
for transportation, or transports, except as a carrier,
buys, or sells, or negotiates the purchase or sale of,
(1) any dog or other animal whether alive or dead
for research, teaching, exhibition, or use as a pet,
or (2) any dog for hunting, security, or breeding
purposes, except that this term does not include
(i) a retail pet store except such store which
sells any  animals to a research facility, an exhibitor,
or a dealer; or
( i i )   any pe r son who doe s  not   s e l l ,  or
negotiate the purchase or sale or any wild animal,
dog, or cat and who derives no more than $500
gross income from the sale of other animals during
any calendar year;
(g) The term “animal” means any live or dead
dog, cat, monkey (nonhuman primate mammal),
guinea pig, hamster, rabbit, or such other warmblooded animal, as the Secretary may determine is
being used, or is intended for use, for research,
testing, experimentation, or exhibition purposes or
as a pet; but such term excludes horses not used
for research purposes and 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 improving animal
nutrition, breeding, management or production
efficiency, or for improving the quality of food
or fiber. With respect to a dog the term means all
dogs including those used for hunting, security, or
breeding purposes;
(h) The term “exhibitor” means any person
(public or private) exhibiting any animals, which
were purchased in commerce or the intended
distribution of which affects commerce, or will
affect commerce, to the public for compensation,
as determined by the Secretary, and such term
includes carnivals, circuses, and zoos exhibiting
such animals whether operated for profit or not;
b u t   s u c h   t e r m   e x c l u d e s   r e t a i l   p e t   s t o r e s ,
o  rg a n i z a t i o n s   s p o n s o r i n g   a n d   a l l   p e r s o n s
participating in State and
country fairs, livestock shows, rodeos, purebred
dog and cat shows, and any other fairs or exhibitions
intended to advance agricultural arts and
sciences, as may be determined by the Secretary;
(i) The term “intermediate handler” means any
p e r s o n   i n c l u d i n g   a   d e p a r tme n t ,   a g e n c y,   o r
instrumentality of the United States or of any State
or local government (other than a dealer, research
facility, exhibitor, any person excluded from the
definition of a dealer, research facility, or exhibitor,
an operator of an auction sale, or a carrier) who is
engaged in any business in which he receives
custody of animals in connection with their
transportation in commerce; and
(j) The term “carrier” means the operator of
any airline, railroad, motor carrier, shipping line,
or other enterprise, which is engaged in the business
or transporting any animals for hire.
(k) The term “Federal agency” means an
Executive agency as such term is defined in section
105 of Title 5, United States Code, and with respect
to any research facility means the agency from
which the research facility means the agency from
which the research facility receives a Federal award
for the conduct of research, experimentation, or
testing, involving the use of animals;
(l) The term “Federal award for the conduct of
research, experimentation, or testing, involving the
use of animals” means any mechanism (including a
grant, award, loan, contract, or cooperative
agreement) under which Federal funds are provided
to support the conduct of such research;
(m) The term “quorum” means a majority of
the Committee members;
( n )   T h e   t e r m   “ C o m m i t t e e ”   m e a n s   t h e
Institutional Animal Committee established under
section 13(b); and
(o) The term “Federal research facility” means
each department, agency, or instrumentality of the
United States which uses live animals for research
of experimentation.(7 U.S.C. § 2132) (P.L. 89-544, § 2, Aug. 24. 1966,
80 Stat. 350; P.L. 91-579, § 3, Dec. 24, 1970, 84
Stat. 1560; P.L. 94-279 §§ 3, 4, Apr. 22, 1976, 90
Stat. 417, 418; P.L. 99-198, Title XVII, § 1756(a),
Dec. 23, 1985,, 99 Stat. 1650)
Section 3.  The Secretary shall issue licenses
to dealers and exhibitors upon application therefor
in such form and manner as he may prescribe and
upon payment of such fee established pursuant to
section 23 of this Act: Provided, That no such
license shall be issued until the dealer or exhibitor
shall have demonstrated that his facilities comply
with the standards promulgated by the Secretary
pursuant to section 13 of this Act: Provided,
however, That any retail pet store or other person
who derives less than a substantial portion of his
income (as determined by the Secretary) from the
breeding and raising of dogs or cats on his own
premises and sells any such dog or cat to a dealer
or research facility shall not be required to obtain a
license as a dealer or exhibitor under this Act. The
Secretary is further authorized to license, as
dealers or exhibitors persons who do not qualify as
dealers or exhibitors within the meaning of this Act
upon such persons complying with the requirements
specified above and agreeing, in writing, to
comply with all the requirements of this Act and
the regulations promulgated by the Secretary
hereunder.
(7 U.S.C. § 2133) (P.L. 89-544, § 3, Aug. 24, 1966,
80 Stat. 351; P.L. 91-579, § 4, Dec. 24, 1970, 84
Stat. 1561)
Section 4. No dealer or exhibitor shall sell or
offer to sell or transport or offer for transportation,
in commerce, to any research facility or for
exhibition or for use as a pet any animal, or buy,
sell, offer to buy or sell, transport or offer for
transportation, in commerce, to or from another
dealer or exhibitor under this Act any animal,
unless and until such dealer or exhibitor shall have
obtained a license from the Secretary and such
license shall not have been amended or revoked.
(7 U.S.C. § 2134) (P.L. 89-544, § 4, Aug. 24. 1966,
80 Stat. 351; P.L.91-579, § 5, Dec. 24, 1970, 84
Stat. 1561; P.L. 94-279, § 5, Apr. 22, 1976, 90
Stat. 418)
Section 5. No dealer or exhibitor shall sell or
dispose of any dog or cat within a period of 5
business days after the acquisition of such animal
or within such other period as way be specified by
the Secretary: Provided, that operators of auction
sales subject to section 12 of this Act shall not be
required to comply with the provisions of this
section.
(7 U.S.C. § 2135) (P.L. 89-544, § 5, Aug. 24, 1966,
80 Stat. 351; P.L.
91-579. § 6, Dec. 24, 1970, 84 Stat. 1561)
Section 6. Every research facility, every
intermediate handler, every carrier, and every
exhibitor not licensed under section 3 of this Act
shall register with the Secretary in accordance with
such rules and regulations as he may prescribe.
(7 U.S.C. § 2136) (P.L. 89-544, § 6, Aug. 24, 1966,
80 Stat. 351; P.L. 91-579, § 7, Dec. 24, 1970, 84
Stat. 1561; P.L. 94-279, § 6, Apr. 22, 1976, 90
Stat. 418)
Section 7. It shall be unlawful for any research
facility to purchase any dog or cat from any person
except an operator of an auction sale subject to
section 12 of this Act or a person holding a valid
license as a dealer or exhibitor issued by the
Secretary pursuant to this Act unless such person
is exempted from obtaining such license under
section 3 of this Act.
(7 U.S.C. § 2137) (P.L. 89-544, § 7, Aug. 24, 1966,
80 Stat. 351; P.L. 91-579. § 8, Dec. 24, 1970. 84
Stat. 1561)
S e c t i o n   8 .  N o   d e p a r t m e n t ,   a g e n c y,   o r
instrumentality of the United States which uses
a n ima l s   f o r   r e s e a r c h   o r   e x p e r ime n t a t i o n   o r
exhibition shall purchase or otherwise acquire any
dog or cat for such purposes from any person exceptan operator of an auction sale subject to section 12
of this Act or a person holding a valid license as a
dealer or exhibitor issued by the Secretary pursuant
to this Act unless such person is exempted from
obtaining such license under section 3 of this Act.
(7 U.S.C. § 2138) (P.L. 89-544, § 8, Aug. 24, 1966,
80 Stat. 351; P.L. 91-579, § 9, Dec. 24, 1970, 84
Stat. 1562)
Section 9. When construing or enforcing the
provisions of this Act, the act, omission, or failure
of any person acting for or employed by a research
facility, a dealer, or an exhibitor or a person licensed
as a dealer or an exhibitor pursuant to the second
sentence of section 3, or an operator of an auction
sale subject to section 12 of this Act, or an
intermediate handler or a carrier, within the scope
of his employment or office, shall be deemed the
act, omission, or failure of such research facility,
dealer, exhibitor, licensee, operator of an auction
sale, intermediate handler, or carrier, as well of such
person.
(7 U.S.C. § 2139) (P.L. 89-544, § 9, Aug. 24, 1966,
80 Stat. 351; P.L. 91-579, § 10, Dec. 24, 1970, 84
Stat. 1562; P.L. 94-279, § 7, Apr. 22, 1976, 90
Stat. 418)
Section 10. Dealers and exhibitors shall make
and retain for such reasonable period of time as the
Secretary may prescribe, such records with respect
to the purchase, sale, transportation, identification,
and previous ownership of animals as the Secretary
may prescribe. Research facilities shall make and
retain such records only with respect to the
purchase, sale, transportation, identification, and
previous ownership of live dogs and cats. At the
request of the Secretary, any regulatory agency of
the Federal Government which requires records to
be maintained by intermediate handlers and carriers
with respect to the transportation, receiving,
handl ing,   and de l ive ry of   anima l s  on  forms
prescribed by the agency, shall require there to be
included in such forms, and intermediate handlers
and carriers shall include in such forms, such
information as the Secretary may require for the
e f f e c t i v e   a d m i n i s t r a t i o n   o f   t h i s   A c t .   S u c h
information shall be retained for such reasonable
period of time as the Secretary may prescribe. If
regulatory agencies of the Federal Government do
not prescribe requirements for any such forms,
intermediate handlers and carriers shall make and
retain for such reasonable period as the Secretary
may prescribe such records with respect to the
transportation, receiving, handling, and delivery of
animals as the Secretary may prescribe. Such
records shall be made available at all reasonable
times for inspection and copying by the Secretary.
(7 U.S.C. § 2140) (P.L. 89-544, § 10, Aug. 24,
1966, 80 Stat. 351; P.L. 91-579, § 11, Dec. 24,
1970, 84 Stat. 1562; P.L. 94-279, § 8, Apr. 22,
1976, 90 Stat. 418)
S e c t i o n   11  .  A l l   a n i m a l s   d e l i v e r e d   f o r
transportation, transported, purchased, or sold, in
commerce, by a dealer or exhibitor shall be marked
or identified at such time and in such humane
manner as the Secretary may prescribe: Provided,
That only live dogs and cats need be so marked or
identified by a research facility.
(7 U.S.C. § 2141) (P.L. 89-544, § 11, Aug. 24,
1966, 80 Stat. 351; P.L. 91-579, § 12, Dec. 24.
1970, 84 Stat. 1562; P.L. 94-279, § 5. Apr. 22,
1976, 90 Stat. 418)
Section 12. The Secretary is authorized to
promulgate humane standards and recordkeeping
requirements governing the purchase, handling, or
sale of animals, in commerce, by dealers, research
facilities, and exhibitors at auction sales and by the
operators of such auction sales. The Secretary is
also authorized to require the licensing of operators
of auction sales where any dogs or cats are sold, in
commerce, trader such conditions as he may
prescribe, and upon payment of such fee as
prescribed by the Secretary under section 23 of this
Act.(7 U.S.C. § 2142) (P.L. 89-544, § 12, Aug. 24,
1966, 80 Stat. 351; P.L. 91-579, § 13, Dec. 24,
1970, 84 Stat. 1562; P.L. 94-279, § 5, Apr. 22,
1976, 90 Stat. 418.)
S e c t i o n   1 3.   ( a ) ( 1 )   T h e   S e c r e t a r y   s h a l l
promulgate standards to govern the humane
handling, care, treatment, and transportation of
a n ima l s   b y   d e a l e r s ,   r e s e a r c h   f a c i l i t i e s ,   a n d
exhibitors.
(2) The standards described in paragraph
(1) shall include minimum requirements—
(A) for handling, housing, feeding,
watering, sanitation, ventilation, shelter from
extremes of weather and temperatures, adequate
veterinary care, and separation by species where
the Secretary finds necessary for humane handling,
care, or treatment of animals; and
(B) for exercise of dogs, as determined
by an attending veterinarian in accordance with the
general standards promulgated by the
Secretary, and for a physical environment adequate
to promot e   the  psychologi c a l  we l l -be ing of
primates.
(3) In addition to the requirements under
paragraph (2), the standards described in paragraph
(1) shall, with respect ot animals in research
facilities, include requirements—
(A) for animal care, treatment, and practices
in experimental procedures to ensure that animal
pain and distress are minimized, including adequate
veterinary care with the appropriate use of
anesthetic, analgesic or tranquilizing drugs, or
euthanasia;
(B) that the principal investigator considers
alternatives to any procedure likely to produce pain
or distress in an experimental animal;
(C) in any practice which could cause pain
to animals-
(i) that a doctor of veterinary medicine
is consulted in the planning of such procedures;
( i i )   f o r   t h e   u s e   o f   t r a n q u i l i z e r s ,
analgesics, and anesthetics;
(iii) for presurgical and postsurgical care
b y   l a b o r a t o r y   w o r k e r s   i n   a c c o r d a n c e   w i t h
e s t a b l i s h e d   v e t e r i n a r y  me d i c a l   a n d   n u r s i n g
procedures;
(iv) against the use of paralytics without
anesthesia; and
(v) that the withholding of tranquilizers,
a n e s t h e s i a ,   a n a l g e s i a ,   o r   e u t h a n a s i a   w h e n
scientifically necessary shall continue for only the
necessary period of time;
(D) that no animal is used in more than one
major operative experimenta from which it is
allowed to recover except in cases of—
(i) scientific necessity; or
( i i )   o t h e r   s p e c i a l   c i r c u m s t a n c e s   a s
determined by the Secretary; and
(E) that exceptions to such standards may
be made only when specified by research protocol
and that any such exception shall be detailed and
explained in a report outlined under paragraph (7)
and filed with the Institutional Animal Committee.
(4) The Secretary shall also promulgate
standards to govern the transportation in commerce
to govern the transportation in commerce, and the
handl ing,   c a r e ,   and  t r e a tment   in  conne c t ion
therewith, by intermediate handlers, air carriers, or
other carriers, of animals consigned by a dealer,
research facility, exhibitor, operator of an auction
sale, or other person, or any department, agency,
or instrumentality of the United States or of any
State or local government, for transportation in
commerce. The Secretary shall have authority to
promulgate such rules and regulations as he
determines necessary to assure humane treatment
of animals in the course of their transportation
in commerce including requirements such as those
with respect to containers, feed, water, rest,
ventilation, temperature, and handling.
(5) In promulgating and enforcing standards
established pursuant to this section, the Secretary
is authorized and directed to consult experts,
including outside consultants where indicated.
(6)(A) Nothing in this Act—
(i) except as provided in paragraph (7)
of this subsection, shall be construed as authorizing
the Secretary to promulgate rules, regulations, or
orders with regard to design, outlines, guidelines
o r   p e r f o r m a n c e   o f   a c t u a l   r e s e a r c h   o r
experimentation by a research facility as determined
by such research facility;
(ii) except as provided in subparagraphs(A) and (C)(ii) through (v) of paragraph (3) and
paragraph (7) of this subsection, shall be construed
as authorizing the Secretary to promulgate rules,
r e g u l a t i o n s ,   o r   o r d e r s   w i t h   r e g a r d   t o   t h e
performance of actual research or experimentation
by a research facility as determined by such  research
facility; and
(iii) shall authorize the Secretary, during
inspection, to interrupt the conduct of actual
research or experimentation.
(B) No rule, regulation, order, or part of
this Act shall be construed to require a research
facility to disclose publicly or to the Institutional
Animal Committee during its inspection, trade
secrets or commercial or financial information
which is privileged or confidential.
(7)(A) The Secretary shall require each
research research facility to show upon inspection,
and to report at least annually, that the provisions
o f   t h i s   A c t   a r e   b e i n g   f o l l o w e d   a n d   t h a t
professionally acceptable standards governing the
care, treatment, and use of animals are being
followed by the research facility during actual
research or experimentation.
(B) In complying with subparagraph (A),
such research facilities shall provide—
(i) information on procedures likely to
produc e  pa in or  di s t r e s s   in  any  anima l   and
a s sur anc e s  demons t r a t ing  tha t   the  pr inc ipa l
investigator considered alternatives to those
procedures;
( i i )   a s sur anc e s   s a t i s f a c tory  to  the
Secretary that such facility is adhering to the
standards described in this section; and
(iii) an explanation for any deviation
from the standards promulgated under this section.
(8) Paragraph (1) shall not prohibit any State (or a
p o l i t i c a l   s u b d i v i s i o n   o f   s u c h   S t a t e )   f r o m
promulga t ing  s t anda rds   in  addi t ion  to  thos e
standards promulgated by the Secretary under
paragraph (1).
(b)(1) The Secretary shall require that each
research facility establish at least one Committee.
Each Committee shall be appointed by the chief
executive officer of each such research facility and
shall be composed of not fewer than three members.
Such members shall possess sufficient ability to
assess animal care, treatment, and practices in
experimental research as determined by the needs
of the research facility and shall represent society’s
concerns regarding the welfare of animal subjects
used at such facility. Of the members of the
Committee- -
(A) at least one member shall be a doctor
of  veterinary medicine;
(B) at least one member—
(i) shall not be affiliated in any way with
such facility other than as a member of the
Committee—
( i i )   sha l l  not  be   a  membe r  of   the
immediate family of a person who is affiliated with
such facility; and
( i i i )   i s   i n t e n d e d   t o   p r o v i d e
representation for general community interests in
the proper care and treatment of animals; and
(C) in those cases where the Committee
consists of more than three members, not more than
three members shall be from the same administrative
unit of such facility.
(2) A quorum shall be required for all formal
actions of the Committee, including inspections
under paragraph (3).
(3) The Committee shall inspect at least
semiannually all animal study areas and animal
facilities of such research facility and review as
part of the inspection—
(A) practices involving pain to animals, and
(B) the condition of animals, to ensure
compliance with the provisions of this Act to
minimize pain and distress to animals. Exceptions
to the requirement of inspection of such study areas
may be made by the Secretary if animals are studied
in their natural environment and the study area is
prohibitive to easy access.
(4)(A) The Committee shall file an inspection
certification report of each inspection at the research
facility. Such report shall—
(i) be signed by a majority of the
Committee members involved in the inspection;
(ii) include reports of any violation of
the standards promulgated, or assurances required,
by the Secretary, including any deficient conditions
of animal care or treatment, any deviations of
r e s e a r ch pr a c t i c e s   f rom or igina l ly  approved

proposals that adversely affect animal welfare, any
notification to the facility regarding such conditions
and any corrections made thereafter;
(iii) include any minority views of the
Committee; and
(iv) include any other information
pertinent to the activities of the Committee.
(B) Such report shall remain on file for at
least 3 years at the research facility and shall be
available for inspection by the Animal and Plant
Health Inspection Service and any funding Federal
agency.
(C) In order to give the research facility an
opportunity to correct any deficiencies or deviations
d i s c o v e r e d   b y   r e a s o n   o f   p a r a g r a p h   ( 3 ) ,   t h e
C o m m i t t e e   s h a l l   n o t i f y   t h e   a d m i n i s t r a t i v e
representative of the research facility of any
deficiencies or deviations from the provisions of
this Act. If, after notification and an opportunity
for correction, such deficiencies or deviations
remain uncorrected, the Committee shall notify (in
writing) the Animal and Plant Health Inspection
Service and the funding Federal Agency of such
deficiencies or deviations.
(5) The inspection results shall be available to
Department of Agriculture inspectors for review
during inspections. Department of Agriculture
inspectors shall forward any Committee inspection
records which include reports of uncorrected
deficiencies or deviations to the Animal and Plant
Health inspection Service and any funding Federal
agency of the project with respect to which such
uncorrected deficiencies and deviations occurred.
(c) In the case of Federal research facilities, a
Federal Committee shall be established and shall
have the same composition and responsibilities
provided in subsection (b) of this section, except
that the Federal Committee shall report deficiencies
or deviations to the head of the Federal agency
conducting the research rather than to the Animal
and Plant Health Inspection Service. The head of
the Federal agency conducting the research shall
be responsible for—
(1) all corrective action to be taken at the
facility; and
( 2 )   t h e   g r a n t i n g   o f   a l l   e x c e p t i o n s   t o
inspection protocol.
(d) Each research facility shall provide for the
training of scientists, animal technicians, and other
personnel involved with animal care and treatment
in such facility as required by the Secretary. Such
training shall include instruction on—
( 1 )   t h e   h u m a n e   p r a c t i c e   o f   a n i m a l
maintenance and experimentation;
( 2 )   r e s e a r c h   o r   t e s t i n g  me t h o d s   t h a t
minimize or eliminate the use of animals or limit
animal pain or distress;
(3) utilization of the information service at
the National Agricultural Library, established under
subsection (e) of this section; and
(4) methods whereby deficiencies in animal
care and treatment should be reported.
(e) The Secretary shall establish an information
service at the National Agricultural Library. Such
service shall, in cooperation with the National
Library of Medicine, provide information—
(1) pertinent to employee training;
( 2 )  wh i c h   c o u l d   p r e v e n t   u n i n t e n d e d
d u p l i c a t i o n   o f   a n i m a l   e x p e r i m e n t a t i o n   a s
determined by the needs of the research facility;
and
( 3 )   o n   imp r o v e d  me t h o d s   o f   a n ima l
experimentation, including methods which could—
(A) reduce or replace animal use; and
(B)  minimi z e  pa in  and di s t r e s s   to
a n i m a l s ,   s u c h   a s   a n e s t h e t i c   a n d   a n a l g e s i c
procedures.
(f)
1
(See footnote on last page) In any case in
which a Federal agency funding a research project
d e t e rmi n e s   t h a t   c o n d i t i o n s   o f   a n ima l   c a r e ,
treatment, or practice in a particular project have
not been in compliance with standards promulgated
under this Act, despite notification by the Secretary
or such Federal agency to the research facility and
an opportunity for correction, such agency shall
suspend or revoke Federal support of the project.
Any research facility losing Federal support as a
result of actions taken under the preceding sentence
shall have the right of appeal as provided in sections
701 through 706 of Title 5, United States Code.
(f)
2
 No dogs or cats, or additional kinds or
classes of animals designated by regulation of the
Secretary, shall be delivered by any dealer, researchfacility, exhibitor, operator of an auction sale, or
department, agency, or instrumentality of tile United
States or of any State or local government, to any
intermediate handler or carrier for transportation
in commerce or received by any such handler or
carrier for such transportation from any such
person, department, agency, or instrumentality,
unless the animal is accompanied by a certificate
issued by a veterinarian licensed to practice
veterinary medicine, certifying that he inspected the
animal on a specified date, which shall not be more
than 10 days before such delivery, and, when so
inspected, the animal appeared free of any infectious
disease or physical abnormality which would
endanger the animal or animals or other animals or
endanger public health: Provided, however, That
the Secretary may by regulation provide exceptions
to this certification requirement, under such
conditions as he may prescribe in the regulations,
for animals shipped to research facilities for
purposes of research, testing or experimentation
requiring animals not eligible for such certification.
Such certificates received by the intermediate
handlers and the carriers shall be retained by them,
as provided by regulations of the Secretary, in
accordance with section 10 of this Act.
(g) No dogs or cats, or additional kinds or
classes of animals designated by regulation of the
Secretary, shall be delivered by any person to any
intermediate handler or carrier for transportation
in commerce except to registered research facilities
if they are less than such age as the Secretary may
by regulation prescribe. The Secretary shall
designate additional kinds and classes of animals
and may prescribe different ages for particular kinds
or classes of dogs, cats, or designated animals, for
the purposes of this section, when he determines
that such action is necessary or adequate to assure
their humane treatment in connection with their
transportation in commerce.
(h) No intermediate handler or carrier involved
in the transportation of any animal in commerce
shall participate in any arrangement or engage in
any practice under which the cost of such animal
or the cost of the transportation of such animal is
to be paid and collected upon delivery of the animal
to the consignee, unless the consignor guarantees
in writing the payment of transportation charges
for any animal not claimed within a period of 48
hours after notice to the consignee of arrival of the
animal, including, where necessary, both the return
transportation charges and an amount sufficient to
reimburse the carrier for all out-of-pocket expenses
incurred for the care, feeding, and storage of such
animals.
(7 U.S.C. 2143) (P.L. 89-544, §13, Aug.24, 1966,
80 STAT. 352; P.L. 91-579, §14, Dec. 24, 1970,
84 Stat- 1562; P-L94-279, §§ 9, 10, April 22,
1976, 90 Stat- 418; P.L. 99-198, Title XVII, § 1752,
Dec. 23, 1985, 99 Stat- 1645)
S e c t i o n   1 4 . An y   d e p a r tme n t ,   a g e n c y   o r
ins t rument a l i ty of   the  Uni t ed St a t e s  having
laboratory animal facilities shall comply with the
standards and other requirements promulgated by
the Secretary for a research facility under section
13 (a), (f), (g), and (h). Any department, agency,
or instrumentality of the United States exhibiting
a n i m a l s   s h a l l   c o m p l y   w i t h   t h e   s t a n d a r d s
promulgated by the Secretary under section 13 (a),
(f), (g), and (h).
(7 U.S.C. 2144) (P.L. 89-544, §14, Aug. 24, 1966,
80 Stat. 352; P.L-91-579, § 15, Dec. 24, 1970, 84
Stat. 1563; P-L 94-279, § 19, April 22, 1976, 90
Stat. 423; P.L. 99-198, Title XVII, § 1758, Dec.
23, 1985, 99 Stat. 1650)
Section 15. (a) The Secretary shall consult and
c o o p e r a t e  wi t h   o t h e r   F e d e r a l   d e p a r tme n t s ,
agencies, or instrumentalities concerned with the
w e l f a r e   o f   a n i m a l s   u s e d   f o r   r e s e a r c h ,
experimentation or exhibition, or administration of
statutes regulating the transportation in commerce
or handling in connection therewith of any animals
when establishing standards pursuant to section 13
and in carrying out the purposes of this Act. The
Secretary shall consult with the Secretary of Health
a n d   H u m a n   S e r v i c e s   p r i o r   t o   i s s u a n c e   o f
regulations. Before promulgating any standard
governing the air transportation and handling in
connection therewith, of animals, the Secretary shall
consult with the Secretary of Transportation whoshall have the authority to disapprove any such
standard if he notifies the Secretary, within 30 days
a f t e r   s u c h   c o n s u l t a t i o n ,   t h a t   c h a n g e s   i n   i t s
provisions are necessary in the interest of flight
safety. The Interstate Commerce Commission, the
Secretary of Transportation, and the Federal
Maritime Commission, to the extent of their
respective lawful authorities, shall take such action
as is appropriate to implement any standard
established by the Secretary with respect to a person
subject to regulation by it.
(b) The Secretary is authorized to cooperate
with the officials of the various States or political
subdivisions thereof in carrying out the purposes
of this Act and of any State, local, or municipal
legislation or ordinance on the same subject.
(7 U.S.C. 2145) (P.L. 89-544, § 15, Aug. 24, 1966,
80 Stat. 352; P.L. 91-579, § 16, Dec. 24, 1970, 84
Stat. 1563; P.L. 94-279, § 11, April 22, 1976, 90
Stat. 419; P.L. 98-443 § 9(i) Oct. 4, 1984, 98 Stat.
1708; P.L-99-198, Title XVII, § 1757, Dec. 23,
1985, 99 Stat. 1650).
Section 16. (a) The Secretary shall make such
investigations or inspections as he deems necessary
to de t e rmine  whe the r   any de a l e r,   exhibi tor,
intermediate handler, carrier, research facility, or
operator of an auction sale subject to section 12 of
this Act, has violated or is violating any provision
of this Act or any regulation or standard issued
thereunder, and for such purposes, the Secretary
shall, at all reasonable times, have access to the
places of business and the facilities, animals,
and those records required to kept pursuant to
section 10 of any such dealer, exhibitor, intermediate
handler, carrier, research facility, operator of an
auction sale. The Secretary shall inspect each
research facility at least once each year and, in the
case of deficiencies or deviations from the standards
promulgated under this Act, shall conduct such
follow-up inspections as may be necessary until all
deficiencies or deviations from such standards are
corrected. The Secretary shall promulgate such
rules and regulations as he deems necessary to
permit inspectors to confiscate or destroy in a
humane manner any animal found to be suffering
as a result of a failure to comply with any provision
of this Act or any regulation or standard issued
thereunder if (1) such animal is held by a dealer,
(2) such animal is held by an exhibitor, (3) such
animal is held by a research facility and is no longer
required by such research facility to carry out the
research, test or experiment for which such animal
has been utilized, (4) such animal is held by an
operator of an auction sale, or (5) such animal is
held by an intermediate handler or a carrier.
(b) Any person who forcibly assaults, resists,
opposes, impedes, intimidates, or interferes with
any person while engaged in or on account
of the performance of his official duties under this
Act shall be fined not more than $5,000, or
imprisoned not more than 3 years, or both.
Whoever, in the commission of such acts, uses a
deadly or dangerous weapon shall be fined not more
than $10,000, or imprisoned not more than
10 years, or both. Whoever kills any person while
engaged in or on account of the performance of his
official duties under this Act shall be punished as
provided under sections 1111 and 1114 of Title 18,
United States Code.
( c )   F o r   t h e   e f f i c i e n t   a dmi n i s t r a t i o n   a n d
enforcement of this Act and the regulations and
s t a n d a r d s   p r omu l g a t e d   u n d e r   t h i s  Ac t ,   t h e
provisions (including penalties) of sections 6, 8, 9,
and 10 of the Act entitled “An Act to create a
Federal Trade Commission, to define its powers
and duties, and for other purposes,” (15 U.S.C. 46,
and 48-50; 38 Stat. 721-723, as amended) (except
paragraph (c) through (h) of section 6 and the last
paragraph of section 9, and the provisions of Title
II of the “Organized Crime Control Act of 1970”
(18 U.S.C. 60001 et. seq., 62 Stat, 856), are made
applicable to the jurisdiction, powers, and duties
of the Secretary in administering and enforcing the
provisions of this Act and to any person, firm, or
corporation with respect to whom such authority
is exercised. The Secretary may prosecute any
inquiry necessary to his duties under this Act in
any part of the United States, including any territory,
or possession thereof, the District of Columbia, or
the Commonwealth of Puerto Rico. The powers
conferred by said sections 9 and 10 of the Act of
September 26, 1914, as amended, on the districtcourts of the United States may be exercised for
the purposes of this Act by any district court of the
United States. The United States district courts,
the District Court of Guam, the District Court to
the Virgin Islands, the highest court of American
Samoa, and the United States courts of the other
territories, are vested with jurisdiction specifically
to enforce, and to prevent and restrain violations
of this Act, and shall have jurisdiction in all other
kinds of cases arising under this Act, except as
provided in section 19(c) of this Act.
(7 U.S.C. 2146) (P.L. 89-544, § 16, Aug. 24, 1966,
80 Stat. 352; P.L-91-579, § 17, Dec. 24, 1970, 84
Stat. 1563; P.L94-279, § 12, April 22, 1976, 90
Stat. 420; P.L. 99-198, Title XVII, § 1753, Dec.
23, 1985, 99 Stat. 1649)
Section 17. The Secretary shall promulgate
rules and regulations requiring dealers, exhibitors,
research facilities, and operators of auction sales
subject to section 12 of this Act to permit inspection
of their animals and records at reasonable hours
upon request by legally constituted law enforcement
agencies in search of lost animals.
(7 U.S.C. 2147) (P.L. 89-544, § 17, Aug. 24, 1966,
80 Stat. 352; P.L.91-579, § 18, Dec. 24, 1970, 84
Stat. 1564)
Section 18. Repealed. Pub. L. 91579. Similar
provisions incorporated in section 13 by P.L. 91-
579, SS 19, Dec. 24, 1970, 84 Stat. (7 U.S.C. 2148)
Section 19. (a) If the Secretary has reason to
believe that any person licensed as a dealer,
exhibitor, or operator of an auction sale subject to
section 12 of this Act, has violated or is violating
any provision of this Act, or any of the rules or
regulations or standards promulgated by the
Secretary hereunder, he may suspend such person’s
license temporarily, but not to exceed 21 days, and
after notice and opportunity for hearing, may
suspend for such additional period as he may
specify, or revoke such license, if such violation is
determined to have occurred.
(b) Any dealer, exhibitor, research facility,
intermediate tion sale subject to section 12 of this
Act, that violates any provision of this Act, or any
rule, regulation, or standard promulgated by the
Secretary thereunder, may be assessed a civil
penalty by the Secretary of not more than $2,500
for each such violation, and the Secretary may also
make an order that such person shall cease and
de s i s t   f rom  cont inuing  such viol a t ion.  Ea ch
violation and each day during which a violation
continues shall be a separate offense. No penalty
shall be assessed or cease and desist order issued
unless such person is given notice and opportunity
for a hearing with respect to the alleged violation,
and the order of the Secretary assessing a penalty
and making a cease and desist order shall be final
and conclusive unless the affected person files an
a p p e a l   f r om  t h e   S e c r e t a r y ’s   o r d e r  wi t h   t h e
appropriate United States Court of Appeals. The
Secretary shall give due consideration to the
appropriateness of the penalty with respect to the
size of the business of the person involved, the
gravity of the violation, the person’s good faith,
and the history of previous violations. Any such
civil penalty may be compromised by the Secretary.
Upon any failure to pay the penalty assessed by a
final order under this section, the Secretary shall
request the Attorney General to institute a civil
action in a district court of the United States or
other United States court for any district in which
such person is found or resides or transacts business,
to collect the penalty, and such court shall have
jurisdiction to hear and decide any such action. Any
person who knowingly fails to obey a cease and
desist order made by the Secretary under this
section shall be subject to a civil penalty of $1,500
for each offense, and each day during which such
failure continues shall be deemed a separate offense.
(c) Any dealer, exhibitor, research facility,
intermediate handler, carrier, or operator of an
auction sale subject to section 12 of this Act,
aggrieved by a final order of the Secretary issued
pursuant to this section may, within 60 days after
entry of such an order, seek review of such order
in the appropriate United States Court of Appeals
in accordance with the provisions of section 2341,
2343 through 2350 of Title 28, United States Code,
and such court shall have exclusive jurisdiction to

enjoin, set aside, suspend (in whole or in part), or
to determine the validity of the Secretary’s order.
(d) Any dealer, exhibitor, or operator of an
auction sale subject to section 12 of this Act, who
knowingly violates any provision of this Act 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 magistrates as
provided in section 636 of Title 28, United States
Code, and sections 3401 and 3402 of Title 18,
United States Code, and, with the consent of the
Attorney General, may be conducted, at both trial
and upon appeal to district court, by attorneys of
the United States Department of Agriculture.
(7 U.S.C. 2149) (P.L- 89-544, § 19, Aug. 24, 1966,
80 Stat. 352; P.L. 91-579, § 20, Dec. 24, 1970, 84
Stat. 1564; P.L. 94-279, § 13, April 22, 1976, 90
Stat. 420; P.L. 99-198, Title XVII, § 1755, Dec.
23, 1985, 99 Stat. 1650)
Section 20. Repealed. Similar provisions
incorporated in section 19 by P.L. 94-279, § 14,
April 22, 1976, 90 Stat. 421.
(7 U.S.C. § 2150)
Section 21. The Secretary is authorized to
promulgate such rules, regulations, and orders as
he may deem necessary in order to effectuate the
purposes of this Act.
(7 U.S.C. 2151)(P.L. 89-544, § 21, Aug. 24, 1966,
80 Stat. 353)
Section 22. If any provision of this Act or the
application of any such provision to any person or
circumstances shall be held invalid, the remainder
of this Act and the application of any such provision
to persons or circumstances other than those as to
which it is held invalid shall not be affected thereby.
(7 U.S.C. 2152) (P.L. 89-544, § 22, Aug. 24, 1966,
80 Stat. 353)
Section 23. The Secretary shall charge, assess,
and cause to be collected reasonable fees for licenses
issued. Such fees shall be adjusted on an equitable
basis taking into consideration the type and nature
of the operations to be licensed and shall be
depos i t ed  and  cove r ed  into  the  Tr e a sury  a s
miscellaneous receipts. There are hereby authorized
to be appropriated such funds as Congress may from
time to time provide:  Provided, That there is
authorized to be appropriated to the Secretary of
Agriculture for enforcement by the Department of
Agriculture of the provisions of section 26 of this
Act an amount not to exceed $100,000 for the
transition quarter ending September 30, 1976, and
not to exceed $400,000 for each fiscal year
thereafter.
(7 U.S.C. 2153) (P.L- 89-544, § 23, Aug. 24, 1966,
80 Stat. 353; P.L. 94-279, § 18, April 22, 1976, 90
Stat. 423)
Section 24.  The regulations referred to in
section 10 and section 13 shall be prescribed by the
Secretary as soon as reasonable but not later than
6 months,from the date of enactment of this Act.
Ad d i t i o n s   a n d   ame n dme n t s   t h e r e t o  ma y   b e
prescribed from time to time as may be necessary
or advisable. Compliance by dealers with the
provisions of this Act and such regulations shall
commence 90 days after the promulgation of such
regulations. Compliance by research facilities with
the provisions of this Act and such regulations shall
commence ,6 months after the promulgation of such
regulations (August 24, 1966), except that the
Secretary may grant extensions of time to research
facilities which do not comply with the standards
prescribed by the Secretary pursuant to section 13
of this Act provided that the Secretary determines
that there is evidence that the research facilities will
meet such standards within a reasonable time.
Notwithstanding the other provisions of this section,
compliance by intermediate handlers, and carriers,
and other persons with those provisions of this Act,
a s   a m e n d e d   b y   t h e   A n i m a l   We l f a r e   A c tAmendments of 1976, and those regulations
promulgated thereunder, which relate to actions of
intermediate handlers and carriers, shall commence
90 days after promulgation of regulations under
section 13 of this Act, as amended, with respect to
intermediate handlers and carriers, and such
regulations shall be promulgated no later than 9
months after April 22, 1976; and compliance by
dealers, exhibitors, operators of auction sales and
research facilities with other provisions of this Act,
as so amended, and the regulations thereunder, shall
commence upon the expiration of 90 days after
Apr i l  22,  1976:   P r o v i d e d ,   h o w e v e r,   T h a t
compliance by all persons with paragraphs (f), (g),
and (h) of section 13 and with section 26 of this
Act, as so amended, shall commence upon the
expiration of said 90-day period. In all other
respects, said amendments shall become effective
upon April 22, 1976.
(7 U.S.C. 2154) (P.L. 89-544, § 24, Aug. 24, 1966,
80 Stat. 353; P.L. 94-279, § 15, April 22, 1976, 90
Stat. 421)
Section 25. Not later than March of each year
the Secretary shall submit to the President of the
S e n a t e   a n d   t h e   S p e a k e r   o f   t h e   H o u s e   o f
Representatives a comprehensive and detailed
written report with respect to—
(1) the identification of all research facilities,
exhibitors, and other persons and establishments
licensed by the Secretary under section 3 and section
12 of this Act;
(2) the nature and place of all investigations
and inspections conducted by the Secretary under
section 16 of this Act, and all reports received by
the Secretary under section 13 of this Act;
(3) recommendations for legislation to improve
the administration of this Act or any provision
thereof; and
( 4 )   r e c o m m e n d a t i o n s   a n d   c o n c l u s i o n s
concerning the aircraft environment as it relates to
the carriage of live animals in air transportation.
This report as well as any supporting documents,
data, or findings shall not be released to any other
persons, non-Federal agencies, or organizations
unless and until it has been made public by an
appropriate committee of the Senate or the House
of Representatives.
(7 U.S.C. 2155) (P.L. 89-544, § 25, as added by
P.L. 91-579, § 22, Dec. 24, 1970, 84 Stat. 1565;
P.L. 94-279, § 16, April 22, 1976, 90 Stat. 421)
Section 26. (a) It shall be unlawful for any
person to knowingly sponsor or exhibit an animal
in any animal fighting venture to which any animal
was moved in interstate or foreign commerce.
(b) It shall be unlawful for any person to
knowingly sell, buy, transport, or deliver to another
person or receive from another person for purposes
of transportation, in interstate or foreign commerce,
any dog or other animal for purposes of having the
dog or other animal participate in an animal fighting
venture.
(c) It shall be unlawful for any person to
knowingly use the mail service of the United States
Postal Service or any interstate instrumentality for
purposes of promoting or in any other manner
furthering an animal fighting venture except as
performed outside the limits of the States of the
United States.
( d )   N o t w i t h s t a n d i n g   t h e   p r o v i s i o n s   o f
subsection (a), (b), or (c) of this section, the
activities prohibited by such subsections shall be
unlawful with respect to fighting ventures involving
live birds only if the fight is to take place in a State
where it would be in violation of the laws thereof.
(e) Any person who violates subsection (a), (b),
or (c) shall be fined not more than $5,000 or
imprisoned for not more than 1 year, or both, for
each such violation.
(f) The Secretary or any other person authorized
by him shall make such investigations as the
Secretary deems necessary to determine whether
any person has violated or is violating any provision
of this section, and the Secretary may obtain the
assistance of the Federal Bureau of Investigation,
the Department of the Treasury, or other law
enforcement agencies of the United States, and
State and local governmental agencies, in the
conduct of such investigations, under cooperative
agreements with such agencies. A warrant to searchfor and seize any animal which there is probable
cause to believe was involved in any violation of
this section may be issued by any judge of the United
States or of a State court of record or by a United
States magistrate within the district wherein the
animal sought is located. Any United States marshal
or any person authorized under this section to
conduct investigations may apply for and execute
any such warrant, and any animal seized under such
a warrant shall be held by the United States marshal
or other authorized person pending disposition
thereof by the court in accordance with this
subsection. Necessary care including veterinary
treatment shall be provided while the animals are
so held in custody. Any animal involved in any
violation of this section shall be liable to be
proceeded against and forfeited to the United States
at any time on complaint filed in any United States
district court or other court of the United States
for any jurisdiction in which the animal is found
and upon a judgment of forfeiture shall be disposed
of by sale for lawful purposes or by other humane
means, as the court may direct. Costs incurred by
the United States for care of animals seized and
forfeited under this section shall be recoverable from
the owner of the animals if he appears in such
forfeiture proceeding or in a separate civil action
brought in the jurisdiction in which the owner is
found, resides, or transacts business.
(g) for purposes of this section-
(1) the term “animal fighting venture”
means any event which involves a fight between at
least two animals and is conducted for purposes of
sport, wagering, or entertainment except that the
term “animal fighting venture” shall not be deemed
to include any activity the primary purpose of which
involves the use of one or more animals in hunting
another animal or animals, such as waterfowl, bird,
raccoon, or fox hunting;
( 2 )   t h e   t e r m   “ i n t e r s t a t e   o r   f o r e i g n
commerce” means—
(A) any movement between any place
in a State to any place in another State or between
places in the same State through another State; or
(B) any movement from a foreign country
into any State;
(3) the term “interstate instrumentality”
means telegraph, telephone, radio, or television
operating in interstate or foreign commerce;
(4) the term “State” means any State of the
United States, the District of Columbia, the
Commonwealth of Puerto Rico, and any territory
or possession of the United States;
(5) the term “animal” means any live bird,
or any live dog or other mammal, except man; and
(6) the conduct by any person of any activity
prohibited by this section shall not render such
person subject to the other sections of this Act as a
dealer, exhibitor, or otherwise.
(h)(1) The provisions of this section shall not
supersede or otherwise invalidate any such State,
local, or municipal legislation or ordinance relating
to animal fighting ventures except in case of a direct
a n d   i r r e c o n c i l a b l e   c o n f l i c t   b e t w e e n   a n y
requirements thereunder and this section or any rule,
regulation, or standard hereunder.
(7 U.S.C. 2156)(P.L- 89-544, § 26(a)-(h)(1), as
added by P.L- 94-279, § 17, April 22, 1976, 90
Stat. 421)
Note: P.L. 94-279 also amended 39 U.S.C. 3001(a)
on material that may not be mailed.
Section 27. (a) It shall be unlawful for any
member of an Institutional Animal Committee to
release any confidential information of the research
facility including any information that concerns or
relates to—
(1) the trade secrets, processes, operations,
style of work, or apparatus; or
(2) the identity, confidential statistical data,
amount or source of any income, profits, losses, or
expenditures, of the research facility.
(b) It shall be unlawful for any member of such
Committee—
( 1 )   t o   u s e   o r   a t t e m p t   t o   u s e   t o   h i s
advantages; or
(2) to reveal to any other person, any
information which is entitled to protection as
confidential information under subsection (a) of this
section.(c) A violation of subsection (a) or (b) of this
section is punishable by—
(1) removal from such Committee; and
(2)(A) a fine of not more than $1,000 and
imprisonment of not more that I year; or
(B) if such violation is willful, a fine of
not more than $10,000 and imprisonment of not
more than 3 years.
(d) Any person, including any research facility,
injured in its business or property by reason of a
violation of this section may recover all actual and
consequential damages sustained by such person
and the cost of the suit including a reasonable
attorney’s fee.
(e) Nothing in this section shall be construed
to affect any other rights of a person injured in its
business or property by reason of a violation of this
section. Subsection (d) shall not be construed to
limit the exercise of any such rights arising out of
or relating to a violation of subsections (a) and (b)
of this section.
(7 U.S.C. 2157) (P.L. 89-544, § 27, as added by
P.L. 99-198, Title XVII, § 1754, Dec. 23, 1985, 99
Stat. 1649)
Section 28. Protection of Pets  (a) Holding
Period. —
(1) Requirement.- In the case of each dog
or cat acquired by an entity described in paragraph
(2), such entity shall hold and care for such dog or
cat for a period of not less than five days to enable
such dog or cat to be recovered by its original owner
or adopted by other individuals before such entity
sells such dog or cat to a dealer.
(2) Entities Described.  An entity subject
to paragraph (1) is-
(A) each State, county, or city owned
and operated pound or shelter;
(B) each private entity established for
the purpose of caring for animals, such as a humane
society, or other organization that is under contract
with a State, county, or city that operates as a pound
or shelter and that releases animals on a voluntary
basis; and
(C) each research facility licensed by the
Department of Agriculture.
(b) Certification.—
(1) In General — A dealer may not sell,
provide, or make available to any individual or entity
a random source dog or cat unless such dealer
provides the recipient with a valid certification that
meets the requirements of paragraph (2) and
indicates compliance with subsection (a).
(2) Requirements.— A valid certification
shall contain
(A) the name, address, and Department
of Agriculture license or registration number (if such
number exists) of the dealer;
(B) the name, address, and Department
of Agriculture license or registration number (if such
number exists), and the signature of the recipient
of the dog or cat,
(C) a description of the dog or cat being
provided that shall include —
(i) the species and breed or type of
such;
(ii) the sex of such;
(iii) the date of birth (if known) of
such,
(iv) the color and any distinctive
marking of such- and
(v) any other information that the
Secretary by regulation shall determine to be
appropriate;
(D) the name and address of the person,
pound, or shelter from which the dog or cat was
purchased or otherwise acquired by the dealer, and
an assurance that such person, pound, or shelter
was notified that such dog or cat may be used for
research or education
( E )   t h e   d a t e   o f   t h e   p u r c h a s e   o r
acquisition referred to in subparagraph (D);
(F) a statement by the pound or shelter
(if the dealer acquired the dog or cat from such)
that it satisfied the requirements of  subsection (a)
and
(G) any other information that the
Secretary of Agriculture by regulation shall
determine appropriate.
(3) Records. — The original certification
required under paragraph (1) shall accompany the
shipment of a dog or cat to be sold, provided, or
otherwise made available by the dealer, and shallbe kept and maintained by the research facility for
a period of at least one year for enforcement
purposes. The dealer shall retain one copy of the
certification provided under this paragraph for a
pe r iod of   a t   l e a s t  one  ye a r   for   enfor c ement
purposes.
(4) Transfers. — In instances where one
research facility transfers animals to another
research facility, a copy of the certificate must
accompany such transfer.
(5)  Modi f i c a t ion.  — Ce r t i f i c a t ion
r e q u i r e m e n t s   m a y   b e   m o d i f i e d   t o   r e f l e c t
technological advances in identification techniques,
such as microchip technology, if the Secretary
determines that adequate information such as
de s c r ibed  in  thi s   s e c t ion,  wi l l  be   col l e c t ed,
t r a n s f e r r e d ,   a n d   m a i n t a i n e d   t h r o u g h   s u c h
technology.
(c) Enforcement. —
(1) In General — Dealers who fail to
act according to the requirements of this section or
who include false information in the certification
required under subsection (b) shall be subject to
the penalties provided for under section 19.
(2) Subsequent Violations Any dealer
who violates this section more than one time shall
be subject to a fine of $5,000 per dog or cat acquired
or sold in violation of this section.
(3) Permanent Revocations.-Any dealer
who violates this section three or more times shall
have such dealer’s license permanently revoked.
(d) Regulation.— Not later than 180 days
after the date of enactment of this section, the
Secretary shall promulgate regulations to
carry out this section.
Section 29. Authority to Apply for Injunctions.
—
(a) Request. — Whenever the Secretary has
reason to believe that any dealer, carrier, exhibitor,
or intermediate handler is dealing in stolen animals,
or is placing the health of any animal in serious
danger in violation of this Act or the regulations or
standards promulgated thereunder, the Secretary
shall notify the Attorney General who may apply
to the United States district court in which such
dealer, carrier, exhibitor, or intermediate handler
resides or conducts business for a temporary
restraining order or injunction to prevent any such
person from operating in violation of this Act or
the regulations and standards prescribed under this
Act.
(b) Issuance. The court shall, upon a proper
showing, issue a temporary restraining order or
injunction under subsection (a) without bond. Such
injunction or order shall remain in effect until a
complaint pursuant to section 19 is issued and
dismissed by the Secretary or until an order to cease
and desist made thereon by the Secretary has
become final and effective or is set aside on appellate
review. Attorneys of the Department of Agriculture
may, with the approval of the Attorney General,
a p p e a r   i n   t h e   U n i t e d   S t a t e s   d i s t r i c t   c o u r t
representing the Secretary in any action brought
under this section.
LEGISLATIVE HISTORY
P.L. 89-544:
H. Rept. 89-1418, House Committee
S. Rept. 89-1281, Senate Committee on
Commerce
Passed House Apr. 28, 1966
Passed Senate June 22, 1966
H. Rept- 89-1848, Conference Committee
House agreed to conference report Aug. 16,
1966
Senate agreed to conference report Aug 17,
1966
Approved Aug. 24, 1966
P.L. 91-579
H. Rept. 91-1651, House Committee on
Agriculture
Passed House Dec. 7, 1970
Passed Senate Dec. 8, 1970
Approved Dec. 24, 1970
P.L. 94-279H. Rept. 94-801, House Committee on
Agriculture
S. Rept. 94-580, Senate Committee on
Commerce
H. Rept. 94-976, Conference Committee
S. Rept. 94-727, Conference Committee
Passed Senate Dec. 18, 1975
Passed House Feb. 9, 1976
House agreed to conference report Apr. 6, 1976
Senate agreed to conference report Apr. 7, 1976
Approved Apr. 22, 1976
P. L. 99-198
H. Rept. 99-271, Part 1 Committee on
Agriculture
S. Rept. 99-145 Committee on Agriculture,
Nutrition, and Forestry
Passed House Oct. 8, 1985
Passed Senate Nov. 23, 1985
H. Rept. 99-447 Conference Committee
House and Senate agreed to Conference
Report, Dec. 18, 1985
Approved Dec. 23, 1985
P.L- 101-624
Legislative History -
S. 2830 (H.R. 3581)(H.R. 3950) (H.R. 4077):
House Reports: No. 101-413 accompanying
H.R. 4071 and No. 101-415
accompanying H.R. 3581 (both from Comm.
on Agriculture); No. 101-569, Pt.1
(Comm. on Agriculture), Pt. 2
(Comm. on Foreign Affairs), Pt 3
(Comm. on Agriculture), Pt. 4
(Comm. on Education and Labor) and Pt. 5
(Comm. on Ways and Means), all accompanying
H.R. 3950. Senate Reports: No. 101-357
(Comm. on Agriculture, Nutrition and Forestry)
Congressional Record - Vol. 136 (1990): Mar.
6, H.R. 4077 considered and passed House.
Mar. 14, 15, 22, H.R. 3581 considered and
passed House.
July 19, 20, 23-27, S. 2830 considered and
passed Senate. July
23-25, 27, Aug. 1, H.R. 3950 considered and
passed House. Aug. 3, S.
2830 considered and passed House, amended,
in lieu of H.R. 3581, H.R.
3950, and H.R. 4077
Oct. 23, House agreed to conference report.
Oct. 25, Senate agreed to conference report.
Weekly Compilation of Presidential Documents
Vol. 26 (1990): Nov. 18,
Presidential remarks and statement.
NOTE: This copy of the Animal Welfare Act is
provided for information only. Before relying
on any portion of the Act as it appears here,
reference should be made to the official report
of the Act in the United States Code (7 U.S.C.
§ 2131 et. seq.).
Footnote:
1
 P.L- 99-198, Title XVII § 1752,
Dec. 23, 1985, 99 Stat. 1645, made significant
amendments to § 13 of the Act and inadvertently
duplicated paragraph (f) of § 13. The new
paragraph (f) in the 1985 amendments has been
designated as paragraph (f)
1
 and the old
paragraph (f) has been designat