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[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
  January 7, 2003 and February 12, 2003]
[CITE: 7USC2156]

 
                          TITLE 7--AGRICULTURE
 
    CHAPTER 54--TRANSPORTATION, SALE, AND HANDLING OF CERTAIN ANIMALS
 
Sec. 2156. Animal fighting venture prohibition


(a) Sponsoring or exhibiting animal in any fighting venture

    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) Buying, selling, delivering, or transporting animals for 
        participation in animal fighting venture

    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) Use of Postal Service or other interstate instrumentality for 
        promoting or furthering animal fighting venture

    It shall be unlawful for any person to knowingly use the mail 
service of the United States Postal Service or any interstate 
instrumentality for purposes of promoting or in any other manner 
furthering an animal fighting venture except as performed outside the 
limits of the States of the United States.

(d) Violation of State law

    Notwithstanding the provisions of subsections (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) Penalties

    Any person who violates subsection (a), (b), or (c) of this section 
shall be fined not more than $5,000 or imprisoned for not more than 1 
year, or both, for each such violation.

(f) Investigation of violations by Secretary; assistance by other 
        Federal agencies; issuance of search warrant; forfeiture; costs 
        recoverable in forfeiture or civil action

    The Secretary or any other person authorized by him shall make such 
investigations as the Secretary deems necessary to determine whether any 
person has violated or is violating any provision of this section, and 
the Secretary may obtain the assistance of the Federal Bureau of 
Investigation, the Department of the Treasury, or other law enforcement 
agencies of the United States, and State and local governmental 
agencies, in the conduct of such investigations, under cooperative 
agreements with such agencies. A warrant to search for and seize any 
animal which there is probable cause to believe was involved in any 
violation of this section may be issued by any judge of the United 
States or of a State court of record or by a United States magistrate 
judge within the district wherein the animal sought is located. Any 
United States marshal or any person authorized under this section to 
conduct investigations may apply for and execute any such warrant, and 
any animal seized under such a warrant shall be held by the United 
States marshal or other authorized person pending disposition thereof by 
the court in accordance with this subsection. Necessary care including 
veterinary treatment shall be provided while the animals are so held in 
custody. Any animal involved in any violation of this section shall be 
liable to be proceeded against and forfeited to the United States at any 
time on complaint filed in any United States district court or other 
court of the United States for any jurisdiction in which the animal is 
found and upon a judgment of forfeiture shall be disposed of by sale for 
lawful purposes or by other humane means, as the court may direct. Costs 
incurred by the United States for care of animals seized and forfeited 
under this section shall be recoverable from the owner of the animals if 
he appears in such forfeiture proceeding or in a separate civil action 
brought in the jurisdiction in which the owner is found, resides, or 
transacts business.

(g) Definitions

    For purposes of this section--
        (1) the term ``animal fighting venture'' means any event which 
    involves a fight between at least two animals and is conducted for 
    purposes of sport, wagering, or entertainment except that the term 
    ``animal fighting venture'' shall not be deemed to include any 
    activity the primary purpose of which involves the use of one or 
    more animals in hunting another animal or animals, such as 
    waterfowl, bird, raccoon, or fox hunting;
        (2) the term ``interstate or foreign commerce'' means--
            (A) any movement between any place in a State to any place 
        in another State or between places in the same State through 
        another State; or
            (B) any movement from a foreign country into any State;

        (3) the term ``interstate instrumentality'' means telegraph, 
    telephone, radio, or television operating in interstate or foreign 
    commerce;
        (4) the term ``State'' means any State of the United States, the 
    District of Columbia, the Commonwealth of Puerto Rico, and any 
    territory or possession of the United States;
        (5) the term ``animal'' means any live bird, or any live dog or 
    other mammal, except man; and
        (6) the conduct by any person of any activity prohibited by this 
    section shall not render such person subject to the other sections 
    of this chapter as a dealer, exhibitor, or otherwise.

(h) Conflict with State law

    The provisions of this chapter shall not supersede or otherwise 
invalidate any such State, local, or municipal legislation or ordinance 
relating to animal fighting ventures except in case of a direct and 
irreconcilable conflict between any requirements thereunder and this 
chapter or any rule, regulation, or standard hereunder.

(Pub. L. 89-544, Sec. 26(a)-(h)(1), as added Pub. L. 94-279, Sec. 17, 
Apr. 22, 1976, 90 Stat. 421; amended Pub. L. 101-650, title III, 
Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)

                          Codification

    Section consists of subsecs. (a) to (h)(1) of section 26 of Pub. L. 
89-544, as added by Pub. L. 94-279. Subsec. (h)(2) of section 26 of Pub. 
L. 89-544, as added by Pub. L. 94-279, amended section 3001(a) of Title 
39, Postal Service.

                         Change of Name

    ``United States magistrate judge'' substituted for ``United States 
magistrate'' in subsec. (f) pursuant to section 321 of Pub. L. 101-650, 
set out as a note under section 631 of Title 28, Judiciary and Judicial 
Procedure.

                  Section Referred to in Other Sections

    This section is referred to in sections 2153, 2154; title 39 section 
3001.