Statute in Full:
7 U.S.C. §§ 2131 - 59
CHAPTER 54. TRANSPORTATION, SALE, AND HANDLING OF
CERTAIN ANIMALS
- §
2131. Congressional statement of policy
- §
2132. Definitions
- §
2133. Licensing of dealers and exhibitors
- §
2134. Valid license for dealers and exhibitors
required
- §
2135. Time period for disposal of dogs or cats by
dealers or exhibitors
- §
2136. Registration of research facilities,
handlers, carriers and unlicensed exhibitors
- §
2137. Purchase of dogs or cats by research
facilities prohibited except from authorized operators
of auction sales and licensed dealers or exhibitors
- §
2138. Purchase of dogs or cats by United States
Government facilities prohibited except from
authorized operators of auction sales and licensed
dealers or exhibitors
- §
2139. Principal-agent relationship established
- §
2140. Recordkeeping by dealers, exhibitors,
research facilities, intermediate handlers, and
carriers
- §
2141. Marking and identification of animals
- §
2142. Humane standards and recordkeeping
requirements at auction sales
- §
2143. Humane standards for animals transported in
commerce
- §
2143(b). Research facility Committee;
establishment, membership, functions, etc.
- §
2144. Humane standards for animals by United
States Government facilities
- §
2145. Consultation and cooperation with Federal,
State, and local governmental bodies by Secretary of
Agriculture
- §
2146. Administration and enforcement by Secretary
- §
2147. Inspection by legally constituted law
enforcement
- §
2148. [Repealed]
- §
2149. Violations by licensees
- §
2150. [Repealed]
- §
2151. Rules and regulations
- §
2152. Separability of provisions
- §
2153. Fees and authorization of appropriations
- §
2154. Effective dates
- §
2155. Annual report to the President of the Senate
and the Speaker of the House of Representatives
- §
2156. Animal fighting venture prohibition
- §
2157. Penalty for release of trade secrets
- §
2158. Protection of Pets
- §
2159. Authority to apply for injunctions
§2131.
Congressional statement of policy [Sec. 1]
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 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.
[§2131.
History] [§2131.
Decisions]
§2132. Definitions [Sec.
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 such school, institution,
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, 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
(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;
(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 (1) birds, rats of the genus
Rattus, and mice of the genus Mus, bred for use in
research,[effective 2003] (2) horses not used for
research purposes, and (3)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 use 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; 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 agricultural arts and sciences, as may be
determined by the Secretary;
(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;
(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;
(k) The term "Federal agency" means an Executive
agency as such term is defined in section 105 of title
5, United States Code [5 USCS § 105], and with
respect to any 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) The term "Committee" means the 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 or
experimentation.
[The Regulation, 9
CFR § 1.1, for this law contain over 80 definitions
for words and terms.]
[§
2132. History] [§
2132. Decisions]
§2133. Licensing of dealers and
exhibitors [Sec. 3]
The Secretary shall issue licenses to dealers and
exhibitors upon application therefore 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.
[§
2133. History] [§
2133. Decisions]
§2134. Valid license for dealers
and exhibitors required [Sec. 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 suspended or revoked.
[§
2134. History] [ §
2134.Decisions]
§2135. Time period for disposal
of dogs or cats by dealers or exhibitors [Sec.
5]
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
12 of this Act shall not be required to comply
with the provisions of this section.
[§
2135.History] [§
2135. Decisions]
§2136. Registration of research
facilities, handlers, carriers and unlicensed exhibitors
[Sec. 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.
[§
2136. History] [§
2136. Decisions]
§2137. Purchase of dogs or cats
by research facilities prohibited except from authorized
operators of auction sales and licensed dealers or
exhibitors [Sec. 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
.
[§
2137. History]
[§
2137. Decisions]
§2138. Purchase of dogs or cats
by United States Government facilities prohibited except
from authorized operators of auction sales and licensed
dealers or exhibitors [Sec. 8]
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
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
.
[§2138.
History] [§2138.
Decisions]
§2139. Principal-agent
relationship established [Sec. 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, an operator of an auction sale, intermediate
handler, or carrier, as well as of such person.
[ §2139.History]
[§2139.
Decisions]
§2140. Recordkeeping by dealers,
exhibitors, research facilities, intermediate handlers,
and carriers [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.
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
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. Such records
shall be made available at all reasonable times for
inspection and copying by the Secretary.
[§2140.
History] [ §2140.Decisions]
§2141. Marking and
identification of animals [Sec. 11]
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 manner as the Secretary may
prescribe: Provided, That only live dogs and cats need
be so marked or identified by a research facility.
[§2141.
History] [§2141.
Decisions]
§2142. Humane standards and
recordkeeping requirements at auction sales [Sec.
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, under such conditions as he may
prescribe, and upon payment of such fee as prescribed by
the Secretary under section
23 of this Act .
[§2142.
History] [§2142.
Decisions]
§2143. Humane standards for
animals transported in commerce [Sec. 13]
(a) Promulgation of standards, rules, regulations,
and orders; research facilities; State authority.
(1) The Secretary shall promulgate standards to
govern the humane handling, care, treatment, and
transportation of animals by dealers, research
facilities, and 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 general
standards promulgated by the Secretary, and for a
physical environment adequate to promote the
psychological well-being of primates.
(3) In addition to the requirements under paragraph
(2), the standards described in paragraph (1) shall,
with respect to 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,
tranquilizing drugs, or euthanasia;
(B) that the principal investigator considers
alternatives to any procedure likely to produce pain to
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;
(ii) for the use of tranquilizers, analgesics, and
anesthetics;
(iii) for pre-surgical and post-surgical care by
laboratory workers, in accordance with established
veterinary medical and nursing procedures;
(iv) against the use of paralytics without
anesthesia; and
(v) that the withholding of tranquilizers,
anesthesia, analgesia, or euthanasia when scientifically
necessary shall continue for only the necessary period
of time;
(D) that no animal is used in more than one major
operative experiment from which it is allowed to recover
except in cases of--
(i) scientific necessity; or
(ii) other special circumstances as 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, and the handling,
care, and treatment in connection therewith, by
intermediate 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.
(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 paragraphs [paragraph] (7)
of this subsection, shall be construed as authorizing
the Secretary to promulgate rules, regulations, or
orders with regard to the design, outlines, or
guidelines of actual research or 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, regulations, or
orders with regard to the 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
facility to show upon inspection, and to report at least
annually, that the provisions of this Act are being
followed and that 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 produce pain
or distress in any animal and assurances demonstrating
that the principal investigator considered alternatives
to those procedures;
(ii) assurances satisfactory 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
political subdivision of such State) from promulgating
standards in addition to those standards promulgated by
the Secretary under paragraph (1).
[§2143.
History] [§2143.
Decisions]
§2143(b) Research facility
Committee; establishment, membership, functions,
etc.
(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;
(ii) shall not be a member of the immediate family of
a person who is affiliated with such facility; and
(iii) is intended to provide 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 research practices
from originally 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
three 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
discovered by reason of paragraph (3), the Committee
shall notify the administrative 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) Federal research facilities; establishment,
composition, and responsibilities of Federal Committee.
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), 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) the granting of all exceptions to inspection
protocol.
(d) Training of scientists, animal technicians, and
other personnel involved with animal care and treatment
of research facilities. 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) the humane practice of animal maintenance and
experimentation;
(2) research of testing methods that 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); and
(4) methods whereby deficiencies in animal care and
treatment should be reported.
(e) Establishment of information service at National
Agricultural Library; service functions. 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) which could prevent unintended duplication of
animal experimentation as determined by the needs of the
research facility; and
(3) on improved methods of animal experimentation,
including methods which could--
(A) reduce or replace animal use; and
(B) minimize pain and distress to animals, such as
anesthetic and analgesic procedures.
(f) Suspension or revocation of Federal support for
research projects; prerequisites; appeal procedure. In
any case in which a Federal agency funding a research
project determines that conditions of animal care,
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 for 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 [5 USCS §§
701-706].
[(g)](f) Veterinary certificate; contents; exception.
No dogs or cats, or additional kinds or classes of
animals designated 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, certifying 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 .
[(h)](g) Age of animals delivered to registered
research facilities; power of Secretary to designate
additional classes of animals and age limits. 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.
[(i)](h) Prohibition of C.O.D. arrangements for
transportation of animals in commerce; exceptions. 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.
[§2143b.
History] [§2143b.
Decisions]
§2144. Humane standards for
animals by United States Government facilities [Sec.
14]
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 [section]
13, (a) (f), (g), and (h) [7 USCS § 2144(a),
(f)-(h)]. Any department, agency, or instrumentality of
the United States exhibiting animals shall comply with
the standards promulgated by the Secretary under
sections 13(a), (f), (g), and (h) [7 USCS §
2144(a), (f)-(h)].
[§2144.
History] [§2144. Decisions No link]
§2145. Consultation and
cooperation with Federal, State, and local governmental
bodies by Secretary of Agriculture [Sec. 15]
(a) The Secretary shall consult and cooperate with
other Federal departments, agencies, or
instrumentalities concerned with the welfare of animals
used for research, 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 and Human Services prior to issuance of
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 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 Surface Transportation
Board, 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.
[§2145.
History] [§2145.
Decisions]
§2146. Administration and
enforcement by Secretary [Sec. 16]
(a) Investigations and inspections. The Secretary
shall make such investigations or inspections as he
deems necessary to determine whether any dealer,
exhibitor, 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 be kept pursuant to section
10 of any such dealer, exhibitor, intermediate
handler, carrier, research facility, or 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) Penalties for interfering with official duties.
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 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 [18 USCS §§
1111, 1114].
(c) Procedures. For the efficient administration and
enforcement of this Act and the regulations and
standards promulgated under 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 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[15
USCS §§ 46, 48, 49, 50]) (except paragraph
(c)through (h) of section 6 [15 USCS § 46(c)-(h)]
and the last paragraph of section 9 [7 USCS §
49]), 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 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 [15 USCS §§ 49,
50], on the district courts 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
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 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.
[§2146.
History] [§2146.
Decisions]
§2147. Inspection by legally
constituted law enforcement [Sec.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.
[§2147.
History] [§2147.
Decisions]
§2148. [Repealed] [Sec.
18]
[§2148.
History] [§2148.
Decisions]
§2149. Violations by licensees
[Sec. 19]
(a) Temporary license suspension; notice and hearing;
revocation. 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) Civil penalties for violation of any section,
etc.; separate offenses; notice and hearing; appeal;
considerations in assessing penalty; compromise of
penalty; civil action by Attorney General for failure to
pay penalty; district court jurisdiction; failure to
obey cease and desist order. 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 $2,500
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
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 appeal from the Secretary's 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 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) Appeal of final order by aggrieved person;
limitations; exclusive jurisdiction of United States
Courts of Appeals. 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,
[28 USCS §§ 2341, 2343-2350], 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) Criminal penalties for violation; initial
prosecution brought before United States magistrates;
conduct of prosecution by attorneys of United States
Department of Agriculture. 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 [United States magistrate judges] as
provided in section 636 of title 28, United States Code
[28 USCS § 636], and sections 3401 and 3402 of
title 18, United States Code [18 USCS §§ 3401,
3402], 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.
[§2149.
History] [§2149.
Decisions]
§2150. [Repealed] [Sec.
20]
[§2150.
History] [§2150.
Decisions]
§2151. Rules and regulations
[Sec. 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.
[§2151.
History] [§2151.
Decisions]
§2152. Separability of
provisions [Sec. 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.
[§2152.
History] [§2152.
Decisions]
§2153. Fees and authorization of
appropriations [Sec. 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 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
26 of this Actan 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.
[§2153.
History] [§2153.
Decisions]
§2154. Effective dates [Sec.
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 six months from
the date of enactment of this Act [enacted Aug. 24,
1966]. Additions and amendments thereto may be
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 ninety days
after the promulgation of such regulations. Compliance
by research facilities with the provisions of this Act
and such regulations shall commence six months after the
promulgation of such regulations, 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, as amended by the Animal Welfare Act
Amendments 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 the enactment of the Animal Welfare Act Amendments
of 1976 [enacted 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 enactment
of the Animal Welfare Act Amendments of 1976 [enacted
April 22, 1976]: Provided, however, That compliance by
all persons with paragraphs (b), (c), and (d) of section
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 [enacted April 22, 1976].
[§2154.
History] [§2154.
Decisions]
§2155. Annual report to the
President of the Senate and the Speaker of the House of
Representatives [Sec. 25]
Not later than March of each year following the
enactment of the "Animal Welfare Act of 1970" [enacted
Dec. 24, 1970], the Secretary shall submit to the
President of the Senate and the Speaker of the House of
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 provisions
thereof;
(4) recommendations and conclusions concerning the
aircraft environment as it relates to the carriage of
live animals in air transportation; and
(5) the information and recommendations described in
section 11 of the Horse Protection Act of 1970 (15
U.S.C. 1830).
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.
[§2155.
History] [§2155.
Decisions]
§2156. Animal fighting venture
prohibition [Sec. 26]
(a)
(a) Sponsoring or Exhibiting an Animal in an Animal
Fighting Venture.� (1) in General.�Except as provided in
paragraph (2), it shall be unlawful for any person to
knowingly sponsor or exhibit an animal in an animal
fighting venture, if any animal in the venture was moved
in interstate or foreign commerce.
(2) Special Rule for Certain States.�With respect to
fighting ventures involving live birds in a State where
it would not be in violation of the law, it shall be
unlawful under this subsection for a person to sponsor
or exhibit a bird in the fighting venture only if the
person knew that any bird in the fighting venture was
knowingly bought, sold, delivered, transported, or
received in interstate or foreign commerce for the
purpose of participation in the fighting venture.
(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 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 (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) shall be fined not more than $5,000
($15,000 as of 2003) 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 [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
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 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 Act as a dealer,
exhibitor, or otherwise.
(h) Conflict with state law. [(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.
[§2156.
History] [§2156.
Decisions]
§2157. Penalty for release of
trade secrets [Sec. 27]
(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).
[§2157.
History] [§2157.
Decisions]
§2158. Protection of Pets [Sec.
28]
(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, Department of Agriculture
licence 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 educational
purposes;
(E) the date of the purchase or 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 shall be 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 period of at least one year
for enforcement 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) Modification. Certification requirements may be
modified to reflect technological advances in
identification techniques, such as microchip technology,
if the Secretary determines that adequate information
such as described in this section, will be collected,
transferred, and maintained through such 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 dealers
license permanently revoked.
(d) Regulation. Not later than 180 days after the
date of enactment of this section [enacted Nov. 28,
1990], the Secretary shall promulgate regulations to
carry out this section.
[§2158.
History] [§2158.
Decisions]
§2159. Authority to apply for
injunctions [Sec. 29]
(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 [7 USCS § 2149] 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, appear in the United
States district court representing the Secretary in any
action brought under this section.
[§2159.
History] [§2159.
Decisions] | 
