dreamproit/uscode huggingface dataset:
7 U.S.C. § 2135 (AGRICULTURE)
§ 2135. Time period for disposal of dogs or cats by dealers or exhibitors
No dealer or exhibitor shall sell or otherwise dispose of any dog or cat within a period of five business days after the acquisition of such animal or within such other period as may be specified by the Secretary: Provided, That operators of auction sales subject to section 2142 of this title shall not be required to comply with the provisions of this section.
(Pub. L. 89–544, § 5, Aug. 24, 1966, 80 Stat. 351; Pub. L. 91–579, § 6, Dec. 24, 1970, 84 Stat. 1561.)
heading: Editorial Notes
heading: Amendments
text: 1970—Pub. L. 91–579 inserted references to exhibitors and inserted proviso that operators of auction sales subject to section 2142 of this title shall not be required to comply with the provisions of this section.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1970 Amendment
text: Amendment by Pub. L. 91–579 effective one year after Dec. 24, 1970, see section 23 of Pub. L. 91–579, set out as a note under section 2131 of this title.
7 U.S.C. § 2136 (AGRICULTURE)
§ 2136. Registration of research facilities, handlers, carriers and unlicensed exhibitors
Every research facility, every intermediate handler, every carrier, and every exhibitor not licensed under section 2133 of this title shall register with the Secretary in accordance with such rules and regulations as he may prescribe.
(Pub. L. 89–544, § 6, Aug. 24, 1966, 80 Stat. 351; Pub. L. 91–579, § 7, Dec. 24, 1970, 84 Stat. 1561; Pub. L. 94–279, § 6, Apr. 22, 1976, 90 Stat. 418.)
heading: Editorial Notes
heading: Amendments
text: 1976—Pub. L. 94–279 inserted “, every intermediate handler, every carrier,” after “research facility”.
1970—Pub. L. 91–579 inserted reference to exhibitors not licensed under section 2133 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1970 Amendment
text: Amendment by Pub. L. 91–579 effective one year after Dec. 24, 1970, see section 23 of Pub. L. 91–579, set out as a note under section 2131 of this title.
7 U.S.C. § 2137 (AGRICULTURE)
§ 2137. Purchase of dogs or cats by research facilities prohibited except from authorized operators of auction sales and licensed dealers or exhibitors
It shall be unlawful for any research facility to purchase any dog or cat from any person except an operator of an auction sale subject to section 2142 of this title or a person holding a valid license as a dealer or exhibitor issued by the Secretary pursuant to this chapter unless such person is exempted from obtaining such license under section 2133 of this title.
(Pub. L. 89–544, § 7, Aug. 24, 1966, 80 Stat. 351; Pub. L. 91–579, § 8, Dec. 24, 1970, 84 Stat. 1561.)
heading: Editorial Notes
heading: Amendments
text: 1970—Pub. L. 91–579 added licensed exhibitors and operators of auction sales subject to section 2142 of this title to the enumeration of persons from whom research facilities may purchase dogs or cats.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1970 Amendment
text: Amendment by Pub. L. 91–579 effective one year after Dec. 24, 1970, see section 23 of Pub. L. 91–579, set out as a note under section 2131 of this title.
7 U.S.C. § 2138 (AGRICULTURE)
§ 2138. Purchase of dogs or cats by United States Government facilities prohibited except from authorized operators of auction sales and licensed dealers or exhibitors
No department, agency, or instrumentality of the United States which uses animals for research or experimentation or exhibition shall purchase or otherwise acquire any dog or cat for such purposes from any person except an operator of an auction sale subject to section 2142 of this title or a person holding a valid license as a dealer or exhibitor issued by the Secretary pursuant to this chapter unless such person is exempted from obtaining such license under section 2133 of this title.
(Pub. L. 89–544, § 8, Aug. 24, 1966, 80 Stat. 351; Pub. L. 91–579, § 9, Dec. 24, 1970, 84 Stat. 1562.)
heading: Editorial Notes
heading: Amendments
text: 1970—Pub. L. 91–579 inserted reference to instrumentalities of the United States which use animals for exhibition and added operators of auction sales subject to section 2142 of this title and licensed exhibitors to the enumeration of persons from whom United States Government facilities may acquire dogs or cats.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1970 Amendment
text: Amendment by Pub. L. 91–579 effective one year after Dec. 24, 1970, see section 23 of Pub. L. 91–579, set out as a note under section 2131 of this title.
7 U.S.C. § 2139 (AGRICULTURE)
§ 2139. Principal-agent relationship established
When construing or enforcing the provisions of this chapter, 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 2133 of this title, or an operator of an auction sale subject to section 2142 of this title, 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 as of such person.
(Pub. L. 89–544, § 9, Aug. 24, 1966, 80 Stat. 351; Pub. L. 91–579, § 10, Dec. 24, 1970, 84 Stat. 1562; Pub. L. 94–279, § 7, Apr. 22, 1976, 90 Stat. 418.)
heading: Editorial Notes
heading: Amendments
text: 1976—Pub. L. 94–279 inserted “or an intermediate handler, or a carrier,” after “section 2142 of this title,” and substituted “operator of an auction sale, intermediate handler, or carrier, as well as of such person.” for “or an operator of an auction sale as well as of such person.” after “research facility, dealer, exhibitor, licensee,”.
1970—Pub. L. 91–579 inserted references to persons acting for or employed by exhibitors, persons licensed as exhibitors, and operators of auction sales subject to section 2142 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1970 Amendment
text: Amendment by Pub. L. 91–579 effective one year after Dec. 24, 1970, see section 23 of Pub. L. 91–579, set out as a note under section 2131 of this title.
7 U.S.C. § 2140 (AGRICULTURE)
§ 2140. Recordkeeping by dealers, exhibitors, research facilities, intermediate handlers, and carriers
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, handling, and delivery of animals on forms prescribed by the agency, shall require there to be included in such forms, and intermediate handlers and carriers shall include in such forms, such information as the Secretary may require for the effective administration of this chapter. Such information shall be retained for such reasonable period of time as the Secretary may prescribe. If regulatory agencies of the Federal Government do not prescribe requirements for any such forms, intermediate handlers and carriers shall make and retain for such reasonable period as the Secretary may prescribe such records with respect to the transportation, receiving, handling, and delivery of animals as the Secretary may prescribe. Such records shall be made available at all reasonable times for inspection and copying by the Secretary.
(Pub. L. 89–544, § 10, Aug. 24, 1966, 80 Stat. 351; Pub. L. 91–579, § 11, Dec. 24, 1970, 84 Stat. 1562; Pub. L. 94–279, § 8, Apr. 22, 1976, 90 Stat. 418.)
heading: Editorial Notes
heading: Amendments
text: 1976—Pub. L. 94–279 struck out “, upon forms supplied by the Secretary” after “ownership of animals as the Secretary may prescribe” and inserted provisions dealing with the records required to be maintained by intermediate handlers and carriers relating to the transportation, receiving, handling and delivery of animals.
1970—Pub. L. 91–579 extended recordkeeping requirements to include exhibitors and to include animals, as defined, rather than only dogs and cats, except that research facilities shall continue to keep required records only for live dogs and cats.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1970 Amendment
text: Amendment by Pub. L. 91–579 effective one year after Dec. 24, 1970, see section 23 of Pub. L. 91–579, set out as a note under section 2131 of this title.
7 U.S.C. § 2141 (AGRICULTURE)
§ 2141. Marking and identification of animals
All animals delivered for 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.
(Pub. L. 89–544, § 11, Aug. 24, 1966, 80 Stat. 351; Pub. L. 91–579, § 12, Dec. 24, 1970, 84 Stat. 1562; Pub. L. 94–279, § 5, Apr. 22, 1976, 90 Stat. 418.)
heading: Editorial Notes
heading: Amendments
text: 1976—Pub. L. 94–279 substituted “in commerce” for “affecting commerce”.
1970—Pub. L. 91–579 applied marking and identification requirements to dealers and exhibitors for animals, as defined, instead of only to dogs and cats when movements are affecting commerce, but limited such requirements for research facilities to only live dogs and cats.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1970 Amendment
text: Amendment by Pub. L. 91–579 effective one year after Dec. 24, 1970, see section 23 of Pub. L. 91–579, set out as a note under section 2131 of this title.
7 U.S.C. § 2142 (AGRICULTURE)
§ 2142. Humane standards and recordkeeping requirements at auction sales
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, under such conditions as he may prescribe, and upon payment of such fee as prescribed by the Secretary under section 2153 of this title.
(Pub. L. 89–544, § 12, Aug. 24, 1966, 80 Stat. 351; Pub. L. 91–579, § 13, Dec. 24, 1970, 84 Stat. 1562; Pub. L. 94–279, § 5, Apr. 22, 1976, 90 Stat. 418.)
heading: Editorial Notes
heading: Amendments
text: 1976—Pub. L. 94–279 substituted “in commerce” for “affecting commerce” in two places.
1970—Pub. L. 91–579 extended requirements for recordkeeping and humane standards to exhibitors and operators of auction sales, with such requirements to apply to animals as defined instead of only to cats and dogs when transactions in auction sales are affecting commerce, and required operators of auction sales to obtain a license when he sells cats or dogs and such transactions are affecting commerce, upon payment of fee prescribed by the Secretary.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1970 Amendment
text: Amendment by Pub. L. 91–579 effective one year after Dec. 24, 1970, see section 23 of Pub. L. 91–579, set out as a note under section 2131 of this title.
7 U.S.C. § 2144 (AGRICULTURE)
§ 2144. Humane standards for animals by United States Government facilities
Any department, agency, or instrumentality of the United States having laboratory animal facilities shall comply with the standards and other requirements promulgated by the Secretary for a research facility under sections 1 2143(a), (f), (g), and (h) of this title. Any department, agency, or instrumentality of the United States exhibiting animals shall comply with the standards promulgated by the Secretary under sections 1 2143(a), (f), (g), and (h) of this title.
(Pub. L. 89–544, § 14, Aug. 24, 1966, 80 Stat. 352; Pub. L. 91–579, § 15, Dec. 24, 1970, 84 Stat. 1563; Pub. L. 94–279, § 19, Apr. 22, 1976, 90 Stat. 423; Pub. L. 99–198, title XVII, § 1758, Dec. 23, 1985, 99 Stat. 1650.)
heading: Editorial Notes
heading: Amendments
text: 1985—Pub. L. 99–198 substituted “sections 2143(a), (f), (g), and (h) of this title” for “section 2143 of this title” in two places.
1976—Pub. L. 94–279 inserted “and other requirements” after “standards” in first sentence.
1970—Pub. L. 91–579 inserted provisions requiring facilities of the United States exhibiting animals to comply with standards promulgated by Secretary under section 2143 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1985 Amendment
text: Amendment by Pub. L. 99–198 effective one year after Dec. 23, 1985, see section 1759 of Pub. L. 99–198, set out as a note under section 2131 of this title.
heading: Effective Date of 1970 Amendment
text: Amendment by Pub. L. 91–579 effective one year after Dec. 24, 1970, see section 23 of Pub. L. 91–579, set out as a note under section 2131 of this title.
7 U.S.C. § 2146a (AGRICULTURE)
§ 2146a. Searchable database requirements
The Animal and Plant Health Inspection Service shall, notwithstanding any other provision of law:
(a) within 60 calendar days, restore on its website the searchable database and its contents that were available on January 30, 2017, and all content generated since that date; and
(b) hereafter, make publicly available via searchable database, in their entirety without redactions except signatures, the following records after enactment of this Act for a subsequent period of three years:
(1) all final Animal Welfare Act inspection reports, including all reports documenting all Animal Welfare Act non-compliances observed by USDA officials and all animal inventories;
(2) all final Animal Welfare Act and Horse Protection Act enforcement records;
(3) all reports or other materials documenting any non-compliances observed by USDA officials; and
(4) within six months of receipt by the agency, all final Animal Welfare Act research facility annual reports, including their attachments with appropriate redactions made for confidential business information that USDA could withhold under FOIA Exemption 4.
(Pub. L. 116–94, div. B, title VII, § 788, Dec. 20, 2019, 133 Stat. 2657.)
heading: Editorial Notes
heading: References in Text
text: Enactment of this Act, referred to in subsec. (b), means the enactment of div. B of Pub. L. 116–94, which was approved Dec. 20, 2019.
The Animal Welfare Act, referred to in subsec. (b)(1), (2), (4) is Pub. L. 89–544, Aug. 24, 1966, 80 Stat. 350, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2131 of this title and Tables.
The Horse Protection Act, referred to in subsec. (b)(2), is Pub. L. 91–540, Dec. 9, 1970, 84 Stat. 1404, which is classified generally to chapter 44 (§ 1821 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1821 of Title 15 and Tables.
heading: Codification
text: Section was enacted as part of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2020, and also as part of the Further Consolidated Appropriations Act, 2020, and not as part of the Animal Welfare Act which comprises this chapter.
7 U.S.C. § 2147 (AGRICULTURE)
§ 2147. Inspection by legally constituted law enforcement agencies
The Secretary shall promulgate rules and regulations requiring dealers, exhibitors, research facilities, and operators of auction sales subject to section 2142 of this title to permit inspection of their animals and records at reasonable hours upon request by legally constituted law enforcement agencies in search of lost animals.
(Pub. L. 89–544, § 17, Aug. 24, 1966, 80 Stat. 352; Pub. L. 91–579, § 18, Dec. 24, 1970, 84 Stat. 1564.)
heading: Editorial Notes
heading: Amendments
text: 1970—Pub. L. 91–579 substituted “promulgate rules and regulations requiring dealers, exhibitors, research facilities, and operators of auction sales subject to section 2142 of this title” for “issue rules and regulations requiring licensed dealers and research facilities”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1970 Amendment
text: Amendment by Pub. L. 91–579 effective 30 days after Dec. 24, 1970, see section 23 of Pub. L. 91–579, set out as a note under section 2131 of this title.
7 U.S.C. § 2153 (AGRICULTURE)
§ 2153. Fees and authorization of appropriations
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 deposited and covered into the Treasury as 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 2156 of this title 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.
(Pub. L. 89–544, § 23, Aug. 24, 1966, 80 Stat. 353; Pub. L. 94–279, § 18, Apr. 22, 1976, 90 Stat. 423.)
heading: Editorial Notes
heading: Amendments
text: 1976—Pub. L. 94–279 authorized appropriations for the enforcement of section 2156 of this title.
7 U.S.C. § 2155 (AGRICULTURE)
§ 2155. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 89–544, § 25, as added Pub. L. 91–579, § 22, Dec. 24, 1970, 84 Stat. 1565; amended Pub. L. 94–279, § 16, Apr. 22, 1976, 90 Stat. 421; Pub. L. 104–66, title I, § 1012(a), Dec. 21, 1995, 109 Stat. 711, which required the Secretary of Agriculture to submit an annual report to the President of the Senate and the Speaker of the House of Representatives on licensing, investigation, inspection, and other activity related to carrying out this chapter, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 44 of House Document No. 103–7.
7 U.S.C. § 2157 (AGRICULTURE)
§ 2157. Release of trade secrets
(a) Release of confidential information prohibited
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) Wrongful use of confidential information prohibited
It shall be unlawful for any member of such Committee—
(1) to use or attempt to use to his advantages; or
(2) to reveal to any other person,
any information which is entitled to protection as confidential information under subsection (a).
(c) Penalties
A violation of subsection (a) or (b) is punishable by—
(1) removal from such Committee; and
(2)
(A) a fine of not more than $1,000 and imprisonment of not more than one year; or
(B) if such violation is willful, a fine of not more than $10,000 and imprisonment of not more than three years.
(d) Recovery of damages by injured person; costs; attorney’s fee
Any person, 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) Other rights and remedies
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).
(Pub. L. 89–544, § 27, as added Pub. L. 99–198, title XVII, § 1754, Dec. 23, 1985, 99 Stat. 1649.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective one year after Dec. 23, 1985, see section 1759 of Pub. L. 99–198, set out as an Effective Date of 1985 Amendment note under section 2131 of this title.
7 U.S.C. § 2160 (AGRICULTURE)
§ 2160. Prohibition on slaughter of dogs and cats for human consumption
(a) In general
Except as provided in subsection (c), no person may—
(1) knowingly slaughter a dog or cat for human consumption; or
(2) knowingly ship, transport, move, deliver, receive, possess, purchase, sell, or donate—
(A) a dog or cat to be slaughtered for human consumption; or
(B) a dog or cat part for human consumption.
(b) Scope
Subsection (a) shall apply only with respect to conduct—
(1) in or affecting interstate commerce or foreign commerce; or
(2) within the special maritime and territorial jurisdiction of the United States.
(c) Exception for Indian tribes
The prohibition in subsection (a) shall not apply to an Indian (as defined in section 5304 of title 25) carrying out any activity described in subsection (a) for the purpose of a religious ceremony.
(d) Penalty
Any person who violates subsection (a) shall be subject to a fine in an amount not greater than $5,000 for each violation.
(e) Effect on State law
Nothing in this section—
(1) limits any State or local law or regulation protecting the welfare of animals; or
(2) prevents a State or unit of local government from adopting and enforcing an animal welfare law or regulation that is more stringent than this section.
(Pub. L. 115–334, title XII, § 12515, Dec. 20, 2018, 132 Stat. 5000.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Agriculture Improvement Act of 2018, and not as part of the Animal Welfare Act which comprises this chapter.