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7 U.S.C. § 2149 — Violations by licensees

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

7 U.S.C. § 2149 — Violations by licensees

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Source location: Title 7, Chapter 54, § 2149; chapter-054-transportation-sale-and-handling-of-certain-animals.md

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**(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 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 2142 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2142&num=0&edition=prelim), 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 sections 2341, 2343 through 2350 of title 28, 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 magistrate judges; conduct of prosecution by attorneys of United States Department of Agriculture** Any 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), who knowingly violates any provision of this chapter 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 magistrate judges as provided in [section 636 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section636&num=0&edition=prelim), and sections 3401 and 3402 of title 18, 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.

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

7 U.S.C. § 2142 — Humane standards and recordkeeping requirements at auction sales

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

28 U.S.C. § 631 — Appointment and tenure

**(a)** The judges of each United States district court and the district courts of the Virgin Islands, Guam, and the Northern Mariana Islands shall appoint United States magistrate judges in such numbers and to serve at such locations within the judicial districts as the Judicial Conference may determine under this chapter. In the case of a magistrate judge appointed by the district court of the Virgin Islands, Guam, or the Northern Mariana Islands, this chapter shall apply as though the court appointing such a magistrate judge were a United States district court. Where there is more than one judge of a district court, the appointment, whether an original appointment or a reappointment, shall be by the concurrence of a majority of all the judges of such district court, and when there is no such concurrence, then by the chief judge. Where the conference deems it desirable, a magistrate judge may be designated to serve in one or more districts adjoining the district for which he is appointed. Such a designation shall be made by the concurrence of a majority of the judges of each of the district courts involved and shall specify the duties to be performed by the magistrate judge in the adjoining district or districts. **(b)** No individual may be appointed or reappointed to serve as a magistrate judge under this chapter unless: (1) He has been for at least five years a member in good standing of the bar of the highest court of a State, the District of Columbia, the Commonwealth of Puerto Rico, the Territory of Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands of the United States, except that an individual who does not meet the bar membership requirements of this paragraph may be appointed and serve as a part-time magistrate judge if the appo

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 631

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

28 U.S.C. § 636 — Jurisdiction, powers, and temporary assignment

**(a)** Each United States magistrate judge serving under this chapter shall have within the district in which sessions are held by the court that appointed the magistrate judge, at other places where that court may function, and elsewhere as authorized by law— (1) all powers and duties conferred or imposed upon United States commissioners by law or by the Rules of Criminal Procedure for the United States District Courts; (2) the power to administer oaths and affirmations, issue orders pursuant to [section 3142 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3142&num=0&edition=prelim) concerning release or detention of persons pending trial, and take acknowledgements, affidavits, and depositions; (3) the power to conduct trials under section 3401, title 18, United States Code, in conformity with and subject to the limitations of that section; (4) the power to enter a sentence for a petty offense; and (5) the power to enter a sentence for a class A misdemeanor in a case in which the parties have consented. **(b)** (1) Notwithstanding any provision of law to the contrary— (A) a judge may designate a magistrate judge to hear and determine any pretrial matter pending before the court, except a motion for injunctive relief, for judgment on the pleadings, for summary judgment, to dismiss or quash an indictment or information made by the defendant, to suppress evidence in a criminal case, to dismiss or to permit maintenance of a class action, to dismiss for failure to state a claim upon which relief can be granted, and to involuntarily dismiss an action. A judge of the court may reconsider any pretrial matter under this subparagraph (A) where it has been shown that the magistrate judge’s order is clearly erroneous or contrary

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 636

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

7 U.S.C. § 8701 — Geographically disadvantaged farmers and ranchers

**(a) Definitions** In this section: (1) **Agricultural commodity** — The term “agricultural commodity” has the meaning given the term in [section 5602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section5602&num=0&edition=prelim). (2) **Geographically disadvantaged farmer or rancher** — The term “geographically disadvantaged farmer or rancher” has the meaning given the term in section 10906(a) of the Farm Security and Rural Investment Act of 2002 ([7 U.S.C. 2204](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2204&num=0&edition=prelim) note; Public Law 107–171). **(b) Authorization** Subject to the availability of funds under subsection (d), the Secretary may provide geographically disadvantaged farmers or ranchers direct reimbursement payments for activities described in subsection (c). **(c) Transportation** (1) **In general** — Subject to paragraphs (2) and (3), the Secretary may provide direct reimbursement payments to a geographically disadvantaged farmer or rancher to transport an agricultural commodity, or inputs used to produce an agricultural commodity, during a fiscal year. (2) **Proof of eligibility** — To be eligible to receive assistance under paragraph (1), a geographically disadvantaged farmer or rancher shall demonstrate to the Secretary that transportation of the agricultural commodity or inputs occurred over a distance of more than 30 miles, as determined by the Secretary. (3) **Amount** (A) *In general* — Subject to paragraph (2), the amount of direct reimbursement payments made to a geographically disadvantaged farmer or rancher under this section for a fiscal year shall equal the product obtained by multiplying— (i) the amount of costs incurred by the geographically di

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8701

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

7 U.S.C. § 2131 — Congressional statement of policy

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

7 U.S.C. § 2148 — Importation of live dogs

**(a) Definitions** In this section: (1) **Importer** — The term “importer” means any person who, for purposes of resale, transports into the United States puppies from a foreign country. (2) **Resale** — The term “resale” includes any transfer of ownership or control of an imported dog of less than 6 months of age to another person, for more than de minimis consideration. **(b) Requirements** (1) **In general** — Except as provided in paragraph (2), no person shall import a dog into the United States for purposes of resale unless, as determined by the Secretary, the dog— (A) is in good health; (B) has received all necessary vaccinations; and (C) is at least 6 months of age, if imported for resale. (2) **Exception** (A) *In general* — The Secretary, by regulation, shall provide an exception to any requirement under paragraph (1) in any case in which a dog is imported for— (i) research purposes; or (ii) veterinary treatment. (B) *Lawful importation into Hawaii* — Paragraph (1)(C) shall not apply to the lawful importation of a dog into the State of Hawaii from the British Isles, Australia, Guam, or New Zealand in compliance with the applicable regulations of the State of Hawaii and the other requirements of this section, if the dog is not transported out of the State of Hawaii for purposes of resale at less than 6 months of age. **(c) Implementation and regulations** The Secretary, the Secretary of Health and Human Services, the Secretary of Commerce, and the Secretary of Homeland Security shall promulgate such regulations as the Secretaries determine to be necessary to implement and enforce this section. **(d) Enforcement** An importer that fails to comply with this section shall— (1) be subject to penalties under [section 2149 of this ti

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2148

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

7 U.S.C. § 2150 — Repealed. Pub. L. 94–279, § 14, Apr. 22, 1976, 90 Stat. 421

### Statutory Notes Section, Pub. L. 89–544, § 20, Aug. 24, 1966, 80 Stat. 353; Pub. L. 91–579, § 21, Dec. 24, 1970, 84 Stat. 1565, provided for issuance of cease and desist orders if Secretary had reason to believe that any research facility had violated any provision of this chapter, provided for a civil penalty, and provided appeal mechanism by which aggrieved person may have judicial review of such final order by Secretary. See [section 2149 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2149&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2150

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

7 U.S.C. § 2158 — Protection of pets

**(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 license 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 t

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2158

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

7 U.S.C. § 2159 — Authority to apply for injunctions

**(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 chapter 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 chapter or the regulations and standards prescribed under this chapter. **(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 2149 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2149&num=0&edition=prelim) 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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2159

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

7 U.S.C. § 2149 — Violations by licensees

Page 1419 TITLE 7—AGRICULTURE § 2149 (1) be subject to penalties under section 2149 of this title; and (2) provide for the care (including appro- priate veterinary care), forfeiture, and adop- tion of each applicable dog, at the expense of the importer. (Pub. L. 89–544, § 18, as added Pub. L. 110–234, title XIV, § 14210(a), May 22, 2008, 122 Stat. 1464, and Pub. L. 110–246, § 4(a), title XIV, § 14210(a), June 18, 2008, 122 Stat. 1664, 2226.) Editorial Notes CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. PRIOR PROVISIONS A prior section 2148, Pub. L. 89–544, § 18, Aug. 24, 1966, 80 Stat. 352, prohibited any construction of this chapter which would authorize the Secretary to promulgate rules, regulations, or orders for the handling, care, treatment, or inspection of animals during research or experimentation, prior to repeal by Pub. L. 91–579, §§ 19, 23, Dec. 24, 1970, 84 Stat. 1564, 1565, effective one year after Dec. 24, 1970. See section 2143 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as other- wise provided, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of this title. Pub. L. 110–234, title XIV, § 14210(b), May 22, 2008, 122 Stat. 1464, and Pub. L. 110–246, § 4(a), title XIV, § 14210(b), June 18, 2008, 122 Stat. 1664, 2226, provided that: ‘‘The amendment made by subsection (a) [enact- ing this section] takes effect on the date of the enact- ment of this Act [June 18, 2008].’’ [Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L

Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 2149

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