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7 U.S.C. § 1907 — Practices involving nonambulatory livestock

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1907 — Practices involving nonambulatory livestock

**(a) Report** The Secretary of Agriculture shall investigate and submit to Congress a report on— (1) the scope of nonambulatory livestock; (2) the causes that render livestock nonambulatory; (3) the humane treatment of nonambulatory livestock; and (4) the extent to which nonambulatory livestock may present handling and disposition problems for stockyards, market agencies, and dealers. **(b) Authority** Based on the findings of the report, if the Secretary determines it necessary, the Secretary shall promulgate regulations to provide for the humane treatment, handling, and disposition of nonambulatory livestock by stockyards, market agencies, and dealers. **(c) Administration and enforcement** For the purpose of administering and enforcing any regulations promulgated under subsection (b), the authorities provided under sections 10414 [[7 U.S.C. 8313](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8313&num=0&edition=prelim)] and 10415 [[7 U.S.C. 8314](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8314&num=0&edition=prelim)] shall apply to the regulations in a similar manner as those sections apply to the Animal Health Protection Act [[7 U.S.C. 8301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8301&num=0&edition=prelim) et seq.]. Any person that violates regulations promulgated under subsection (b) shall be subject to penalties provided in section 10414.

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Source location: Title 7, Chapter 48, § 1907; chapter-048-humane-methods-of-livestock-slaughter.md

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 8301 — Findings

Congress finds that— (1) the prevention, detection, control, and eradication of diseases and pests of animals are essential to protect— (A) animal health; (B) the health and welfare of the people of the United States; (C) the economic interests of the livestock and related industries of the United States; (D) the environment of the United States; and (E) interstate commerce and foreign commerce of the United States in animals and other articles; (2) animal diseases and pests are primarily transmitted by animals and articles regulated under this chapter; (3) the health of animals is affected by the methods by which animals and articles are transported in interstate commerce and foreign commerce; (4) the Secretary must continue to conduct research on animal diseases and pests that constitute a threat to the livestock of the United States; and (5) (A) all animals and articles regulated under this chapter are in or affect interstate commerce or foreign commerce; and (B) regulation by the Secretary and cooperation by the Secretary with foreign countries, States or other jurisdictions, or persons are necessary— (i) to prevent and eliminate burdens on interstate commerce and foreign commerce; (ii) to regulate effectively interstate commerce and foreign commerce; and (iii) to protect the agriculture, environment, economy, and health and welfare of the people of the United States.

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7 U.S.C. § 8314 — Enforcement

**(a) Collection of information** (1) **In general** — The Secretary may gather and compile information and conduct any inspection or investigation that the Secretary considers to be necessary for the administration or enforcement of this chapter. (2) **Subpoenas** (A) *In general* — The Secretary shall have the power to subpoena the attendance and testimony of any witness, the production of all evidence (including books, papers, documents, electronically stored information, and other tangible things that constitute or contain evidence), or to require the person to whom the subpoena is directed to permit the inspection of premises relating to the administration or enforcement of this chapter 11 See References in Text note below. or any matter under investigation in connection with this chapter.1 (B) *Location of production* — The attendance of any witness and production of evidence relevant to the inquiry may be required from any place in the United States. (C) *Enforcement* (i) *In general* — In case of disobedience to a subpoena by any person, the Secretary may request the Attorney General to invoke the aid of any court of the United States within the jurisdiction in which the investigation is conducted, or where the person resides, is found, transacts business, is licensed to do business, or is incorporated, to require the attendance and testimony of any witness, the production of evidence, or the inspection of premises. (ii) *Noncompliance* — In case of a refusal to obey a subpoena issued to any person, a court may order the person to appear before the Secretary and give evidence concerning the matter in question, produce evidence, or permit the inspection of premises. (iii) *Contempt* — Any failure to obey the order of the court may be pun

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7 U.S.C. § 8313 — Penalties

**(a) Criminal penalties** (1) **Offenses** (A) *In general* — A person that knowingly violates this chapter, or knowingly forges, counterfeits, or, without authority from the Secretary, uses, alters, defaces, or destroys any certificate, permit, or other document provided for in this chapter shall be fined under title 18, imprisoned not more than 1 year, or both. (B) *Distribution or sale* — A person that knowingly imports, enters, exports, or moves any animal or article, for distribution or sale, in violation of this chapter, shall be fined under title 18, imprisoned not more than 5 years, or both. (2) **Multiple violations** — On the second and any subsequent conviction of a person of a violation of this chapter under paragraph (1), the person shall be fined under title 18, imprisoned not more than 10 years, or both. **(b) Civil penalties** (1) **In general** — Except as provided in [section 8309(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8309/d&num=0&edition=prelim), any person that violates this chapter, or that forges, counterfeits, or, without authority from the Secretary, uses, alters, defaces, or destroys any certificate, permit, or other document provided under this chapter may, after notice and opportunity for a hearing on the record, be assessed a civil penalty by the Secretary that does not exceed the greater of— (A) (i) $50,000 in the case of any individual, except that the civil penalty may not exceed $1,000 in the case of an initial violation of this chapter by an individual moving regulated articles not for monetary gain; (ii) $250,000 in the case of any other person for each violation; and (iii) for all violations adjudicated in a single proceeding— (I) $500,000 if the

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7 U.S.C. § 1907 — Practices involving nonambulatory live-

Page 1053 TITLE 7—AGRICULTURE § 1907 during the period from June 30, 1960, to August 30, 1960, to contract for or procure livestock products produced or processed by a slaughterer or processor which slaughters or handles for slaughter livestock by meth- ods other than those designated and approved by the Secretary of Agriculture if such slaughterer or proc- essor has contracted for the purchase of the equipment necessary to enable him to adopt such methods but such equipment has not been delivered to him. § 1904. Methods research; designation of methods In furtherance of the policy expressed herein the Secretary is authorized and directed— (a) to conduct, assist, and foster research, investigation, and experimentation to develop and determine methods of slaughter and the handling of livestock in connection with slaughter which are practicable with reference to the speed and scope of slaughtering oper- ations and humane with reference to other ex- isting methods and then current scientific knowledge; and (b) on or before March 1, 1959, and at such times thereafter as he deems advisable, to des- ignate methods of slaughter and of handling in connection with slaughter which, with respect to each species of livestock, conform to the policy stated in this chapter. If he deems it more effective, the Secretary may make any such designation by designating methods which are not in conformity with such policy. Designations by the Secretary subsequent to March 1, 1959, shall become effective 180 days after their publication in the Federal Register. (Pub. L. 85–765, § 4, Aug. 27, 1958, 72 Stat. 863; Pub. L. 95–445, § 5(b)–(e), Oct. 10, 1978, 92 Stat. 1069.) Editorial Notes AMENDMENTS 1978—Par. (a). Pub. L. 95–445, § 5(d), inserted ‘‘and’’ after the s

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7 U.S.C. § 8301 — Findings

Page 2185 TITLE 7—AGRICULTURE § 8301 1 See References in Text note below. tled to receive payments under this chapter may not exceed 500 acres. (c) Regulations The Secretary shall promulgate regulations— (1) defining the term ‘‘person’’ for the pur- poses of this chapter, which shall conform, to the maximum extent practicable, to the regu- lations defining the term ‘‘person’’ promul- gated under section 1308 of this title (before the amendment made by section 1603(a) 1 of the Food, Conservation, and Energy Act of 2008); and (2) promulgating such regulations as the Secretary determines necessary to ensure a fair and reasonable application of the limita- tion established under this section. (Pub. L. 107–171, title X, § 10204, May 13, 2002, 116 Stat. 491; Pub. L. 110–234, title I, § 1603(g)(4), May 22, 2008, 122 Stat. 1011; Pub. L. 110–246, § 4(a), title I, § 1603(g)(4), June 18, 2008, 122 Stat. 1664, 1740; Pub. L. 113–79, title I, § 1609(b)(1), Feb. 7, 2014, 128 Stat. 709.) Editorial Notes REFERENCES IN TEXT Section 1308 of this title (before the amendment made by section 1603(a) of the Food, Conservation, and En- ergy Act of 2008), referred to in subsec. (c)(1), means section 1308 of this title before the amendment by sec- tion 1603(a) of Pub. L. 110–246, which amended the defi- nition of ‘‘covered commodity’’ in section 1308(a)(1). Section 1603(b) of Pub. L. 110–246 amended section 1308 by, among other things, adding subsec. (a)(4) which de- fined ‘‘person’’ and striking out subsec. (e) which re- lated to issuance of regulations defining ‘‘person’’. The amendments by section 1603 of Pub. L. 110–246 to sec- tion 1308 were effective May 22, 2008. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amen

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 8313 — Penalties

Page 2197 TITLE 7—AGRICULTURE § 8313 (A) be credited to the account that incurs the costs; and (B) remain available until expended, with- out fiscal year limitation. (Pub. L. 107–171, title X, § 10412, May 13, 2002, 116 Stat. 503; Pub. L. 114–125, title VIII, § 818(b), Feb. 24, 2016, 130 Stat. 222.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (c)(1), was in the original ‘‘this subtitle’’, meaning subtitle E (§§ 10401–10418) of title X of Pub. L. 107–171, May 13, 2002, 116 Stat. 494, which is classified principally to this chapter. For complete classification of subtitle E to the Code, see Short Title note set out under section 8301 of this title and Tables. AMENDMENTS 2016—Subsec. (b). Pub. L. 114–125 amended subsec. (b) generally. Prior to amendment, text read as follows: ‘‘Funds collected for preclearance activities shall— ‘‘(1) be credited to accounts that may be established by the Secretary for carrying out this section; and ‘‘(2) remain available until expended for the preclearance activities, without fiscal year limita- tion.’’ Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions of the Secretary of Agri- culture relating to agricultural import and entry in- spection activities under this chapter to the Secretary of Homeland Security, and for treatment of related ref- erences, see sections 231, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 8312. Administration and claims (a) Administration To carry out this chapter, the Secretary may— (1) acquire and maintain real or personal property; (2) employ a person; (3) ma

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 8314 — Enforcement

Page 2198 TITLE 7—AGRICULTURE § 8314 1 See References in Text note below. unauthorized use, alteration, defacing or de- struction of a certificate, permit, or other document provided under this chapter that results in the person’s deriving pecuniary gain or causing pecuniary loss to another person. (2) Factors in determining civil penalty In determining the amount of a civil pen- alty, the Secretary shall take into account the nature, circumstance, extent, and gravity of the violation or violations and the Secretary may consider, with respect to the violator— (A) the ability to pay; (B) the effect on ability to continue to do business; (C) any history of prior violations; (D) the degree of culpability; and (E) such other factors as the Secretary considers to be appropriate. (3) Settlement of civil penalties The Secretary may compromise, modify, or remit, with or without conditions, any civil penalty that may be assessed under this sub- section. (4) Finality of orders (A) Final order The order of the Secretary assessing a civil penalty shall be treated as a final order reviewable under chapter 158 of title 28. (B) Review The validity of the order of the Secretary may not be reviewed in an action to collect the civil penalty. (C) Interest Any civil penalty not paid in full when due under an order assessing the civil penalty shall thereafter accrue interest until paid at the rate of interest applicable to civil judg- ments of the courts of the United States. (c) Liability for acts of agents In the construction and enforcement of this chapter, the act, omission, or failure of any offi- cer, agent, or person acting for or employed by any other person within the scope of the em- ployment or office of the officer, agent, or per- son, shall

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