An Act to amend the Act of August 24, 1966, as amended, to increase the protection afforded animals in transit and to assure humane treatment of certain animals, and for other purposes.
PL 94-279 (S.1941), enacted 04/22/1976

PUBLIC LAW 94-279—APR. 22, 1976 
90 STAT. 417 
Public Law 94-279 
94th Congress 
An Act 
To amend the Act of August 24, 1966, as amended, to increase the protection 
afforded animals in transit and to assure humane treatment of certain animals, 
and for other purposes. 
Be it enacted hy the Senate 
and House of Representatives 
of the 
United States of Anwrica 
in Congress assembled, That this Act may 
be cited as the "Animal Welfare Act Amendments of 1976". 
SEC. 2. Section 1 of the Act of August 24, 1966 (80 Stat. 350, as 
amended by the Animal Welfare Act of 1970, 84 Stat. 1560; 7 U.S.C 
2131-2155) is amended to read as follows: 
"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 either in interstate or foreign commerce or 
substantially affect such commerce or the free flow thereof, and that 
regulation of animals and activities as provided in this Act is neces-
sary 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 facili-
ties or for exhibition purposes or for use as pets are provided 
humane care and treatment; 
"(2) to assure the humane treatment of animals during trans-
portation in commerce; and 
"(3) to protect the owners of animals from the theft of their 
animals by preventing the sale or use of animals Avhich 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.". 
SEC. 3. Section 2 of such Act is amended— 
(1) by striking out subsection (c) and (d) thereof and insert-
ing lieu thereof the following; 
"(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 com-
merce described in paragraph (1). 
"(d) The term 'State' means a State of the United States, the Dis-
trict of Columbia, the Commonwealth of Puerto Rico, the Virgin 
Islands, Guam, American Samoa, or any other territory or possession 
of the United States;". 
(2) by striking out the term "affecting commerce" in subsec-
tions (e) and (f) and inserting in lieu thereof "in commerce"; 
(3) by revising paragraph (f) thereof to read as follows: 
"(f) The term 'dealer' means any person who, in commerce, for 
compensation or profit, delivers for transportation, or transports, 
Apr. 22, 1976 
[S. 1941] 
Animal Welfare 
Act Amendments 
of 1976. 
7 use 2131 note. 
7 use 2131 note. 
7 use 2131. 
•'*8U 
Definitions. 
7 use 2132. 
90 STAT. 418 
PUBLIC LAW 94-279—APR. 22, 1976 
dT«^' 
7 use 2132. 
"Intermediate 
handler." 
"Carrier." 
7 
use 
2134, 
2141, 
2142. 
7 
use 
2136. 
7 
use 
2139. 
7 
use 
2140. 
Record retention. 
7 use 2143. 
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, teach-
ing, 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 
"(ii) any person who does not sell, or negotiate the purchase 
or sale of 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;", 
(4) by deleting "; and" at the end of paragraph (g) and insert-
ing in lieu thereof the following: ". With respect to a dog, the 
term means all dogs including those used for hunting, security, or 
breeding purposes;", and 
(5) by deleting the period at the end of paragraph (h) and 
inserting a semicolon in lieu thereof. 
SEC. 4. Section 2 of such Act is further amended by adding thereto 
two new paragraphs to read: 
"(i) The term 'intermediate handler' means any person including a 
department, agency, or 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 of transporting any animals for hire.". 
SEC. 5. Sections 4, 11, and 12 of such Act are amended by striking 
out "affecting commerce" and inserting in lieu thereof "in commerce". 
SEC. 6. Section 6 of such Act is amended by inserting after the term 
"research facility", a comma and the term "every intermediate handler, 
every carrier,". 
SEC. 7. Section 9 of such Act is amended by inserting after the term 
"section 12 of this Act,", the term "or an intermediate handler, or a 
carrier,", and by deleting the term "or an operator of an auction sale 
as well as of such person." at the end of section 9 and substituting 
therefor the following term: "operator of an auction sale, intermediate 
handler, or carrier, as well as of such person.". 
SEC. 8. Section 10 of such Act is amended by deleting the phrase ", 
upon forms supplied by the Secretary" from the first sentence and 
by inserting between the second and third sentences thereof the follow-
ing: "At the request of the Secretary, any regulatory agency of the 
Federal Government which requires records to be maintained by inter-
mediate handlers and carriers with respect to the transportation, 
receiving, handling, and delivery of animals on foiins prescribed by 
the agency, shall require there to be included in such forms, and inter-
mediate handlers and carriers shall include in such forms, such infor-
mation as the Secretary may require for the effective administration 
of this Act. 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.". 
SEC. 9. Section 13 of such Act is amended by designating the pro-
visions thereof as subsection (a) and by adding, after the second 
PUBLIC LAW 94-279—APR. 22, 1976 
90 STAT. 419 
Rules and 
regulations. 
7 use 2143. 
sentence therein, new sentences to read: "The Secretary shall also Standards, 
promulgate standards to govern the transportation in commerce, and 
the handling, care, and treatment in connection therewith, by inter-
mediate handlers, air carriers, or other carriers, of animals consigned 
by any 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.". 
SEC. 10. Section 13 of such Act, as amended, is further amended by 
adding at the end thereof new subsections (b), (c), and (d) to read: 
"(b) No dogs or cats, or additional kinds or classes of animals des-
ignated by regulation of the Secretary, shall be delivered by any 
dealer, research facility, exhibitor, operator of an auction sale, or 
department, agency, or instrumentality of the 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, certi-
fying that he inspected the animal on a specified date, which shall not 
be more than ten 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. 
"(c) No dogs or cats, or additional kinds or classes of animals desig-
nated 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 desig-
nate additional kinds and classes of animals and may prescribe dif-
ferent 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. 
"(d) No intermediate handler or carrier involved in the transpor-
tation of any animal in commerce shall participate in any arrange-
ment 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 con-
signee 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, feed-
ing, and storage of such animals.". 
SEC. 11. Section 15 of such Act is amended by inserting after the 
7 USC 2145. 
term "exhibition" in the first sentence, a comma and the term "or 
7 USC 2140. 
90 STAT. 420 
PUBLIC LAW 94-279—APR. 22, 1976 
— 
administration of statutes regulating the transportation in commerce 
or handling in connection therewith of any animals", and by adding 
Consultation. 
the following at the end of the sentence: "Before promulgating any 
standard governing the air transportation and handling in connection 
therewith, of animals, the Secretary shall consult with the Secretary 
of Transportation who shall have the authority to disapprove any 
such standard if he notifies the Secretary, within 30 days after such 
^' 
consultation, that changes in its provisions are necessary in the interest 
of flight safety. The Interstate Commerce Commission, the Civil Aero-
nautics Board, and the Federal Maritime Commission, to the extent 
of their respective lawful authorities, shall take such action as is appro-
priate to implement any standard established by the Secretary with 
respect to a person subject to regulation by it.". 
7 use 2146. 
SEC. 12. (a) Subsection (a) of section 16 of such Act is amended by 
inserting the term "intermediate handler, carrier," in the first sentence 
after the term "exhibitor," each time the latter term appears in the 
sentence; by inserting before the period in the second sentence, a 
comma and the term "or (5) such animal is held by an intermediate 
handler or a carrier"; and by deleting the term "or" before the term 
" ( 4 ) " in the second sentence. 
(b) Subsection (c) of section 16 of such Act is amended by striking 
the words "sections 19 (b) and 20 ( b ) " in the last sentence and inserting 
in lieu thereof the words "section 19(c)". 
SEC, 13. Section 19 of such Act is amended to read as follows: 
" (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 handler, 
carrier, or operator of an auction 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 $1,000 for each such 
violation, and the Secretary may also make an order that such person 
shall cease and desist from continuing such violation. Each violation 
and each day during which a violation continues shall be a separate 
Notice and 
offense. No penalty shall be assessed or cease and desist order issued 
hearing. 
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 con-
! 
i 
elusive unless the affected person files an appeal from the Secretary's 
1 
order with the 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 historv of 
previous violations. Any such civil penalty may be compromised by 
Civil action. 
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 
Penalty. 
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 
7 use 2149. 
License 
suspension and 
revocation. 
7 use 2142. 
Notice and 
hearing. 
Civil penalty. 
PUBLIC LAW 94-279—APR. 22, 1976 
90 STAT. 421 
civil penalty of $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 sec-
tion 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 $1,000, 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.". 
SEC. 14. Section 20 of such Act is hereby repealed. 
SEC. 15. Section 24 of such Act is amended by inserting the follow-
ing at the end of the section: "Notwithstanding the other provisions 
of this section, compliance by intermediate handlers, and carriers, and 
other persons with those provisions of this Act, as amended by the 
Animal Welfare Act Amendments of 1976, and those regulations 
promulgated thereunder, which relate to actions of intermediate han-
dlers and carriers, shall commence 90 days after promulgation of regu-
lations under section 13 of this Act, as amended, with respect to 
intermediate handlers and carriers, and such regulations shall be pro-
mulgated no later than 9 months after the enactment of the Animal 
Welfare Act Amendments of 1976; and compliance by dealers, exhibi-
tors, 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 enactment of the 
Animal Welfare Act Amendments of 1976: Provided^ hoioever^ That 
compliance by all persons with paragraphs (b), (c), and (d) of sec-
tion 13 and with section 26 of this Act, as so amended, shall commence 
upon the expiration of said ninety-day period. In all other respects, 
said amendments shall become effective upon the date of enactment.". 
SEC. 16. Section 25 of such Act is amended by deleting from sub-
section (2) the word "and" where it last appears, deleting the period 
at the end of subsection (3) and inserting "; and" in lieu thereof, and 
by inserting after subsection (3) the following new subsection: 
" (4) recommendations and conclusions concerning the aircraft 
environment as it relates to the carriage of live animals in air 
transportation.". 
SEC. 17. Such Act is amended by adding at the end thereof the fol-
lowing new section: 
"SEC. 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. 
Review. 
7 use 2142. 
Penalties. 
Repeal. 
7 use 2150. 
7 use 2154. 
.aJwjJ 
Infra. 
Effective date. 
7 use 2155. 
Animal fighting 
venture, 
prohibition. 
7 use 2156. 
90 STAT. 422 
PUBLIC LAW 94-279—APR. 22, 1976 
Penalties. 
Investigations. 
Warrant. 
Costs, recovery. 
Definitions. 
^ntiill, 
"(c) It shall be unlawful for any person to knowingly use the mail 
service of the United States Postal Service or any interstate instru-
mentality for purposes of promoting or in any other manner further-
ing an animal fighting venture except as performed outside the limits 
of the States of the United States. 
"(d) 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) 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 deter-
mine whether any person has violated or is violating any provision of 
this section, and the Secretary may obtain the assistance of the Fed-
eral 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 within the district wherein the animal sought is located. 
Any United States marshal or any person authorized under this sec-
tion 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 paragraph 
(f). 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 juris-
diction 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 water-
fowl, 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: 
PUBLIC LAW 94-279—APR. 22, 1976 
90 STAT. 423 
"(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 Act 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 
Act or any rule, regulation, or standard hereunder. 
"(2) Section 3001(a) of title 39, United States Code, is amended 
by adding immediately after the words 'title 18' a comma and the 
words 'or section 26 of the Animal Welfare Act'.". 
SEC. 18. Section 23 of such Act is amended by inserting immediately 
before the period at the end of the third sentence ": 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". 
SEC. 19. Section 14 of such Act is amended by inserting in the 
first sentence after the term "standards" the phrase "and other 
requirements". 
Approved April 22, 1976. 
Ante, p. 421. 
7 u s e 2153. 
Appropriation 
authorization. 
7 u s e 2144. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 94-801 accompanying H.R. 5808 (eomm. on Agriculture) and 
No. 94-976 (eomm. of eonference). 
SENATE REPORTS: No. 94-580 (eomm. on eommerce) and No. 94-727 (eomm. of 
eonference). 
eONGRESSIONAL REeORD: 
Vol. 121 (1975): Dec. 18, considered and passed Senate. 
Vol. 122 (1976): Feb. 9, considered and passed House, amended, in lieu of 
H.R. 5808. 
Apr. 6, House agreed to conference report. 
Apr. 7, Senate agreed to conference report. 
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