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7 U.S.C. § 2142 — Humane standards and recordkeeping requirements at auction sales
Federal law — U.S. Code and appendices · legal_authorities
The Secretary is authorized to promulgate humane standards and recordkeeping requirements governing the purchase, handling, or sale of animals, in commerce, by dealers, research facilities, and exhibitors at auction sales and by the operators of such auction sales. The Secretary is also authorized to require the licensing of operators of auction sales where any dogs or cats are sold, in commerce, under such conditions as he may prescribe, and upon payment of such fee as prescribed by the Secretary under [section 2153 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2153&num=0&edition=prelim).
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Stable record: federal_law:legal_authorities:record_usc_07127582ae0a3a3aaff7bfaf
Source file: Laws/federal/codes/united-states-code/title-7/section-2142-humane-standards-and-recordkeeping-requirements-at-auction-sales--49af30bc8a.md
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Passage SHA-256: d4f84915321b83ae3e9c5f841f205e4aaa6bf198686bc9e9b4600938eaed156f
Source location: Title 7, Chapter 54, § 2142; chapter-054-transportation-sale-and-handling-of-certain-animals.md
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The Secretary is authorized to promulgate humane standards and recordkeeping requirements governing the purchase, handling, or sale of animals, in commerce, by dealers, research facilities, and exhibitors at auction sales and by the operators of such auction sales. The Secretary is also authorized to require the licensing of operators of auction sales where any dogs or cats are sold, in commerce, under such conditions as he may prescribe, and upon payment of such fee as prescribed by the Secretary under [section 2153 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2153&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary shall charge, assess, and cause to be collected reasonable fees for licenses issued. Such fees shall be adjusted on an equitable basis taking into consideration the type and nature of the operations to be licensed and shall be deposited and covered into the Treasury as miscellaneous receipts. There are hereby authorized to be appropriated such funds as Congress may from time to time provide: Provided, That there is authorized to be appropriated to the Secretary of Agriculture for enforcement by the Department of Agriculture of the provisions of [section 2156 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2156&num=0&edition=prelim) 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2153
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Federal law — U.S. Code and appendices · legal_authorities
The Congress finds that animals and activities which are regulated under this chapter 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 chapter 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 chapter, 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2131
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Federal law — U.S. Code and appendices · legal_authorities
No dealer or exhibitor shall sell or otherwise dispose of any dog or cat within a period of five business days after the acquisition of such animal or within such other period as may be specified by the Secretary: Provided, That operators of auction sales subject to [section 2142 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2142&num=0&edition=prelim) shall not be required to comply with the provisions of this section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2135
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Federal law — U.S. Code and appendices · legal_authorities
It shall be unlawful for any research facility to purchase any dog or cat from any person except an operator of an auction sale subject to [section 2142 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2142&num=0&edition=prelim) or a person holding a valid license as a dealer or exhibitor issued by the Secretary pursuant to this chapter unless such person is exempted from obtaining such license under [section 2133 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2133&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2137
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Federal law — U.S. Code and appendices · legal_authorities
No department, agency, or instrumentality of the United States which uses animals for research or experimentation or exhibition shall purchase or otherwise acquire any dog or cat for such purposes from any person except an operator of an auction sale subject to [section 2142 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2142&num=0&edition=prelim) or a person holding a valid license as a dealer or exhibitor issued by the Secretary pursuant to this chapter unless such person is exempted from obtaining such license under [section 2133 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2133&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2138
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Federal law — U.S. Code and appendices · legal_authorities
When construing or enforcing the provisions of this chapter, the act, omission, or failure of any person acting for or employed by a research facility, a dealer, or an exhibitor or a person licensed as a dealer or an exhibitor pursuant to the second sentence of [section 2133 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2133&num=0&edition=prelim), or an operator of an auction sale subject to [section 2142 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2142&num=0&edition=prelim), or an intermediate handler, or a carrier, within the scope of his employment or office, shall be deemed the act, omission, or failure of such research facility, dealer, exhibitor, licensee, operator of an auction sale, intermediate handler, or carrier, as well as of such person.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2139
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Federal law — U.S. Code and appendices · legal_authorities
**(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 2142 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2142&num=0&edition=prelim), has violated or is violating any provision of this chapter 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 2140 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2140&num=0&edition=prelim) 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 chapter, 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 chapter 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)
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2146
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary shall promulgate rules and regulations requiring dealers, exhibitors, research facilities, and operators of auction sales subject to [section 2142 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2142&num=0&edition=prelim) to permit inspection of their animals and records at reasonable hours upon request by legally constituted law enforcement agencies in search of lost animals.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2147
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Federal law — U.S. Code and appendices · legal_authorities
**(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 2142 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2142&num=0&edition=prelim), has violated or is violating any provision of this chapter, 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 2142 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2142&num=0&edition=prelim), that violates any provision of this chapter, or any rule, regulation, or standard promulgated by the Secretary thereunder, may be assessed a civil penalty by the Secretary of not more than $10,000 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 offense. No penalty shall be assessed or cease and desist order issued unless such person is given notic
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2149
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Federal law — U.S. Code and appendices · legal_authorities
Page 1412
TITLE 7—AGRICULTURE
§ 2141
search facilities shall continue to keep required records
only for live dogs and cats.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91–579 effective one year after
Dec. 24, 1970, see section 23 of Pub. L. 91–579, set out as
a note under section 2131 of this title.
§ 2141. Marking and identification of animals
All
animals
delivered
for
transportation,
transported, purchased, or sold, in commerce, by
a dealer or exhibitor shall be marked or identi-
fied at such time and in such humane manner as
the Secretary may prescribe: Provided, That
only live dogs and cats need be so marked or
identified by a research facility.
(Pub. L. 89–544, § 11, Aug. 24, 1966, 80 Stat. 351;
Pub. L. 91–579, § 12, Dec. 24, 1970, 84 Stat. 1562;
Pub. L. 94–279, § 5, Apr. 22, 1976, 90 Stat. 418.)
Editorial Notes
AMENDMENTS
1976—Pub. L. 94–279 substituted ‘‘in commerce’’ for
‘‘affecting commerce’’.
1970—Pub. L. 91–579 applied marking and identifica-
tion requirements to dealers and exhibitors for ani-
mals, as defined, instead of only to dogs and cats when
movements are affecting commerce, but limited such
requirements for research facilities to only live dogs
and cats.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91–579 effective one year after
Dec. 24, 1970, see section 23 of Pub. L. 91–579, set out as
a note under section 2131 of this title.
§ 2142. Humane standards and recordkeeping re-
quirements at auction sales
The Secretary is authorized to promulgate hu-
mane standards and recordkeeping requirements
governing the purchase, handling, or sale of ani-
mals, in commerce, by dealers, research facili-
ties, and exhibitors at auctio
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 2142
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