An Act to amend the act of August 24, 1966, relating to the care of certain animals used for purposes of research, experimentation, exhibition, or held for sale as pets
PL 91-579 (H.R.19846), enacted 12/24/1970

1560 
PUBLIC LAW 91-579-DEC. 24, 1970 
[84 STAT. 
December 24,1970 
[H.R.19846] 
Public Law 91-579 
AN ACT 
To amend the Act of August 24, 1966, relating to the care of certain animals used 
for purposes of research, experimentation, exhibition, or held for sale as i)ets. 
Animal Welfare 
Act of 1970. 
7 u s e 2131. 
7 u s e 2132. 
"Affecting 
commerce.** 
"Research 
facility." 
" D e a l e r . " 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assernbled^ That this Act may 
be cited as the "Animal Welfare Act of 1970". 
SEC. 2. The first section of the Act of August 24,1966 (Public Law 
89-544; 80 Stat. 350), as amended, is amended to read as follows: 
"That, in order to protect the owners of animals, from the theft of 
their animals, to prevent the sale or use of animals which have been 
stolen, and to insure that certain animals intended for use in research 
facilities or for exhibition purposes or for use as pets are provided 
humane care and treatment, it is essential to regulate the transporta-
tion, purchase, sale, housing, care, handling, and treatment of such 
animals by persons or organizations engaged in using them for 
research or experimental purposes or for exhibition purposes or holding 
tliem for sale as pets or in transporting, buying, or selling them for 
any such purpose or use." 
SEC. 3. Section 2 of such Act is amended— 
(1) in subsection (b) by striking the semicolon after the word 
"Agriculture" and inserting the following: "of the United States 
or nis representative who shall be an employee of the United 
States Department of Agriculture;": 
(2) in subsection (c) by striking the words "commerce between 
any State," and inserting in lieu thereof the words "trade, traffic, 
commerce, transportation among the several States, or between 
any State,"; 
(3) by striking subsections (d), (e), (f), (g), and (h) and 
inserting in lieu thereof the following: 
"(d) The term 'affecting commerce' means in commerce or burden-
ing or obstructing or substantially affecting commerce or the free flow 
of commerce, or having led or tending to lead to the inhumane care of 
animals used or intended for use for purposes of research, experi-
mentation, exhibition, or held for sale as pets, by burdening or 
obstructing or substantially affecting commerce or the free flow of 
commerce; 
"(e) The term 'research facility' means any school (except an ele-
mentary 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 affecting 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 such school, institu-
tion^ organization, or person that does not use or intend to use live dogs 
or cats, except those schools, institutions, organizations, or persons, 
which use substantial numbers (as determined by the Secretary) of 
live animals the principal function of which schools, institutions, orga-
nizations, 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 for compensation or 
profit delivers for transportation, or transports, except as a common 
carrier, buys, or sells any animals whether alive or dead, affecting com-
merce, for research or teaching purposes or for exhibition purposes or 
for use as pets, but such term excludes any retail pet store except such 
84 STAT. ] 
PUBLIC LAW 91-579-DEC. 24, 1970 
1561 
store which sells any animals to a research facility, an exhibitor, or a 
dealer; 
"(g) The term 'animal' means any live or dead dog, cat, monkey 
(nonhuman primate mammal), guinea pig, hamster, rabbit, or such 
other warm-blooded animal, as the Secretary 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 live-
stock or poultry used or intended for use for improving animal nutri-
tion, breeding, management, or production efficiency, or for improving 
the quality of food or jfiber; and 
"(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 com-
merce, to the public for compensation, as determined by the Secre-
tary, and such term includes carnivals, circuses, and zoos exhibiting 
such animals whether operated for profit or not; but such term excludes 
retail pet stores, organizations sponsoring and all persons participating 
in State and country fairs, livestock shows, rodeos, purebred dog and 
cat shows, and any other fairs or exhibitions intended to advance agri-
cultural arts and sciences, as may be determined by the Secretary." 
SEC. 4. Section 8 of such Act is amended— 
(1) in the first sentence thereof after the words "licenses to 
dealers" by inserting the words "and exhibitors"; 
(2) in the first proviso thereof after the words "until the dealer" 
by inserting the words "or exhibitor"; 
(3) in the second proviso thereof after the words "That any" 
by inserting the words "retail pet store or other"; 
(4) in the second proviso thereof after the words "as a dealer" 
insert the words "or exhibitor"; and 
(5) in the last sentence thereof after the words "as dealers" 
each time such words appear, insert the words "or exhibitors". 
SEC. 5. Section 4 of such Act is amended to read as follows: 
"SEC. 4. No dealer or exhibitor shall sell or offer to sell or transport 
or offer for transportation, affecting 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, affecting 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 suspended or 
revoked." 
SEC. 6. Section 5 of such Act is amended— 
(1) by inserting after the words "No dealer" the words "or 
exhibitor"; and 
(2) by inserting before the period at the end thereof the proviso 
": 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". 
SEC. 7. Section 6 of such Act is amended by inserting after the words 
"research facility" the words "and every exhibitor not licensed under 
section 3 of this Act". 
SEC. 8. Section 7 of such Act is amended— 
(1) by inserting between the words "except" and "a person" 
the words "an operator of an auction sale subject to section 12 
of this Act or"; and 
' • A n i m a l . " 
••Exhibitor." 
Licenses, 
dealers and ex-
hibitors, 
80 Stat. 351. 
7 u s e 2133. 
7 u s e 2134. 
7 u s e 2135. 
Post, 
p. 156; 
Registration. 
7 u s e 2136. 
Supta, 
Purchase re-
strictions. 
7 u s e 2137. 
1562 
PUBLIC LAW 91-579-DEC. 24, 1970 
[84 STAT. 
U.S. agencies, 
transactions. 
80 Stat. 351. 
7 u s e 2138. 
Intra, 
Enforcement. 
7 u s e 2139. 
Ante, p. 1561. 
Recordkeeping. 
7 u s e 2140. 
Identification. 
7 u s e 2141. 
Humane stand-
ards, auction 
sales. 
7 u s e 2142. 
7 u s e 2153. 
Humane stand-
ards, promulgation, 
7 u s e 2143. 
(-2) by inserting between the words "as a dealer" and "'issned*' 
the words "or exhibitor*'. 
»SKC. 1). Section H of such Act is amended— 
(1) by insertinjr after the words ''or experimentation" the 
words "or exhibition"; 
('2) by inserting between the words "except" and "a person" 
tlie words "an operator of an auction sale subject to section 12 
of this Act or*"; and 
(8) by inserting between the words "as a dealer*' and "issued" 
the words "or exhibitor". 
SEC. 10. Section 9 of such Act is amended to read as follows: 
"SEC. 1). 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, 
within the scope of his employment or office, shall be deemed the act, 
omission, or failure of such research facility, dealer, exhibitor, 
licensee, or an operator of an auction sale as well as of such person." 
SEC. 11. Section 10 of such Act is amended to read as follows: 
"SEC. 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, upon 
forms supplied by the Secretary. Research facilities shall make and 
I'ctain such records only with respect to the purchase, sale, transporta-
tion, identification, and previous ownership of UAB dogs and cats. Such 
I'ecords shall be made available at all reasonable times for inspection 
and copying by the Secretary," 
SEC. 12. Section 11 of such Act is amended— 
(1) by striking the words "dogs and cats*' and inserting in lieu 
thereof the word "animals*'; 
(2) by striking the words "in commerce by any dealer" and 
inserting in lieu thereof the Avords ", affecting commerce, by a 
dealer or exhibitor"; and 
(3) by striking the period at the end thereof and inserting the 
following: ": Provided. That only live dogs and cats need be so 
marked or identified by a research facility.". 
SEC. 13. Section 12 of such Act is amended to read as follows: 
"SEC. 12. The Secretary is authorized to x>romulgate humane stand-
ards and recordkeeping requirements governing the purchase, han-
dling, or sale of animals, affecting 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, affecting 
commerce, under such conditions as he may prescribe, and upon pay-
ment of such fee as prescribed by the Secretary under section 23 of 
this Act.** 
SEC. 14. Section 13 of such Act is amended to read as follows: 
"SEC. 13, The Secretary shall promulgate standards to govern the 
humane handling, care, treatment, and transportation of animals by 
dealers, research facilities, and exhibitors. Such standards shall 
include minimum requirements with respect to handling, housing, 
feeding, watering, sanitation, ventilation, shelter from extremes of 
weather and temperatures, adequate veterinary care, including the 
appropriate use of anesthetic, analgesic or tranquilizing drugs, when 
such use would be proper in the opinion of the attending veterinarian 
84 STAT. ] 
PUBLIC LAW 91-579-DEC. 24, 1970 
1563 
of such research facilities, and separation by species when the Secre-
tary finds such separation necessary for the humane handling, care, or 
treatment of animals. In promulgating and enforcing standards estab-
lished pursuant to this section, the Secretary is authorized and directed 
to consult experts, including outside consultants where indicated. 
Nothing in this Act shall be construed as authorizing the Secretary to 
promulgate rules, regulations, or orders with regard to design, out-
lines, guidelines, or performance of actual research or experimentation 
by a research facility as determined hj such research facility: Pro-
vided, That the Secretary shall require, at least annually, every 
research facility to show that professionally acceptable standards gov-
erning the care, treatment, and use of animals, including appropriate 
use of anesthetic, analgesic, and tranquilizing d r u ^ , durmg experi-
mentation are being followed by the research facility during actual 
research or experimentation." 
SEC. 15. Section 14 of such Act is amended by adding at the end 
thereof the following new sentence: "Any department, agency, or 
instrumentality of the United States exhibiting animals shall comply 
with the standards promulgated by the Secretary under section 13." 
SEC. 16. Section 15 of such Act is amended— 
(1) in subsection (a) by striking the words "or experimenta-
tion" and inserting in lieu thereof the words ", experimentation 
or exhibition"; and 
(2) in subsection (b) by striking the word "effectuating" and 
inserting in lieu thereof the words "carrying out". 
SEC. 17. Section 16 of such Act is amended to read as follows: 
"SEC. 16. (a) The Secretary shall make such investigations or 
inspections as he deems necessary to determine whether any dealer, 
exhibitor, 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 be kept pursuant to section 10 of any such dealer, exhibitor, 
research facilitv, or operator of an auction sale. 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 provi-
sion 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, or (4) 
such animal is held by an operator of an auction sale. 
"(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 tnis Act shall 
be fined not more than $5,000, or imprisoned not more than three 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 ten 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) For the efficient administration and enforcement of this Act, 
the provisions (including penalties) of sections 6, 8, 9, and 10 of the 
Act entitled "An Act to create a Federal Trade Commission, to define 
Experts and 
sultants. 
Annual report. 
80 Stat. 352. 
7 use 2144. 
Ante, p. 1562. 
7 u s e 2145. 
Inspections. 
7 use 2146. 
Regulations. 
Penalties. 
62 Stat. 756. 
65 Stat. 721; 
76 Stat. 132. 
1564 
PUBLIC LAW 91-579-DEC. 24, 1970 
[84 STAT. 
Ante, p. 929. 
Ante, p. 926. 
Jurisdiction. 
Intra. 
Post, 
p. 1565. 
80 Stat. 352. 
7 u s e 2147. 
Ante, p. 1562. 
Repeal. 
Dealer license 
suspension. 
7 u s e 2149. 
Judicial review. 
80 Stat. 392. 
Penalty. 
its powers and duties, and for other purposes," approved September 26, 
1914 (38 Stat. 721-723, as amended; 15 U.S.C. 46, 48, 49, and 50) 
(except paragraph (c) througli (h) of section 6 and the last para-
graph of section 9), and the provisions of Title II of the "Organized 
Crime Control Act of 1970" (62 Stat. 856; 18 U.S.C. 6001 et seq.), 
are made applicable to the jurisdiction, powers, and duties of the 
Secretary in administering and enforcing the provisions of this Act 
and to an^ person, firm, or corporation with respect to whom such 
authority is exercised. The Secretary may prosecute any inquiry neces-
sary to his duties under this Act m 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 district courts of the United States may be exercised for the pur-
poses of this Act by any district court of the United States. The 
United States district courts, the District Court of Guam, the District 
Court of the Virgin Islands, the highest court of American Samoa, 
and the United States courts of the other territories, are vested with 
jurisdiction specifically to enforce, and to prevent and restrain viola-
tions of this Act, and shall have jurisdiction in all other kinds of cases 
arising under this Act, except as provided in sections 19(b) and 20(b) 
of this Act." 
SEC. 18. Section 17 of such Act is amended by striking the phrase 
"issue rules and regulations requiring licensed dealers and research 
facilities" and inserting in lieu thereof the phrase "promulgate rules 
and regulations requiring dealers, exhibitors, research facilities, and 
operators of auction sales subject to section 12 of this Act". 
SEC. 19. Section 18 of such Act is repealed. 
SEC. 20. Section 19 of such Act is amended to read as follows: 
"SEC. 19. (a) If the Secretary has reason to believe that any dealer, 
exhibitor, or operator of an auction sale subject to section 12 of this 
Act, has violated or is violating any provisions of this Act, or any of 
the rules or regulations or standards promulgated by the Secretary 
hereunder, he may make an order that such person shall cease and 
desist from continuing such violation, and if such person is licensed 
under this Act, the Secretary may also suspend such person's license 
temporarily, but not to exceed twenty-one 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. Any dealer, exhibitor, or operator of an auction sale 
subject to section 12 of this Act, 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 $500 for each offense, and each day during 
which such failure continues, shall be deemed a separate offense. 
" (b) Any dealer, exhibitor, or operator of an auction sale aggrieved 
by a final order of the Secretary issued pursuant to subsection (a) of 
this section may, within sixty days after entry of such an order, seek 
review of such order in the United States court of appeals for the 
circuit in which such person has his principal place of business, or in 
the United States Court of Appeals for the District of Columbia 
Circuit, in accordance with the provisions of sc^ctions 701-706 of title 
5, United States Code. Judicial review of any such order shall be 
upon the record upon which the final determination and order of the 
Secretary were based. 
"(c) Any dealer, exhibitor, or operator of an auction sale subject 
to section 12 of this Act, who violates any provision of this Act shall, on 
84 STAT.] 
PUBLIC LAW 91-580-DEC. 24, 1970 
1565 
conviction thereof, be subject to imprisonment for not more than one 
year, or a fine of not more than $1,000, or both." 
SEC. 21. Section 20 of such Act is amended— 
(1) in subsection (a) by striking the words "rules or regula-
tions" and inserting in lieu thereof the words "rules, regulations, 
or standards"; and 
(2) by amending subsection (b) to read as follows: 
"(b) Any research facility aggrieved by a final order of the Secre-
tary, issued pursuant to subsection (a) of this Act, may within sixty 
days after entry of such order, seek review of such order in the United 
States court of appeals for the circuit in which such research facility 
has its principal place of business, or in the United States Court of 
Appeals for the District of Columbia Circuit, in accordance with the 
provisions of sections 701-706 of title 5, L^nited States Code. Judicial 
review of any such order shall be upon the record upon which the final 
determination and order of the Secretary were based." 
SEC. 22. Such Act is further amended by adding at the end thereof 
the following new section: 
"SEC. 25. Not later than March of each year following the enact-
ment of the "Animal Welfare Act of 1970", the Secretary shall submit 
to the President of the Senate and the Speaker of the House of Repre-
sentatives 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; 
and 
"(3) recommendations for legislation to improve the adminis-
tration of this Act or any provisions thereof. 
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 appro-
priate committee of the Senate or the House of Representatives." 
SEC. 23. The amendments made by this Act shall take effect one 
year after the date of enactment of this Act, except for the amend-
ments to sections 16,17,19, and 20 of the Act of August 24,1966, which 
shall become effective thirty days after the date of enactment of this 
Act. 
Approved December 24, 1970. 
Research facili-
ties, violations. 
80 Stat. 353. 
7 u s e 2150. 
Judicial review. 
80 Stat. 392, 
Report to Presi-
dent of the Senate 
and Speaker of the 
House, 
Ante, 
pp. 1561, 
1562. 
Effective dates. 
Ante, 
pp. 1563, 
1564. 
Public Law 91-580 
AN ACT 
To amend Public Law 91-273 to increase the authorization for appropriations to 
the Atomic Energy Commission in accordance with section 261 of the Atomic 
Energy Act of 1954, as amended, and for other purposes. 
December 24, 1970 
[S.4557] 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That section 101 (b) 
of Public Law 91-273 is hereby amended by adding at the end thereof: 
" (9) Project 71-9, fire, safety, and adequacy of operating conditions 
projects, various locations, $25,500,000." 
SEC. 2. Section 102(a) of Public Law 91-273 is amended by striking 
"and" after " (3)," and by inserting ", and (9)" after " (4)". 
Approved December 24, 1970. 
Atomic Energy 
Commission. 
Ante, p. 299.