7 U.S.C. § 2157 — Release of trade secrets

Page 1423 TITLE 7—AGRICULTURE § 2157 tending, or causing an individual who has not attained the age of 16 to attend,’’ for ‘‘Sponsoring or exhibiting an animal in’’ in heading. Subsec. (a)(1). Pub. L. 113–79, § 12308(b)(1)(B)(i), (ii), substituted ‘‘Sponsoring or exhibiting’’ for ‘‘In gen- eral’’ in heading and ‘‘paragraph (3)’’ for ‘‘paragraph (2)’’ in text. Subsec. (a)(2), (3). Pub. L. 113–79, § 12308(b)(1)(B)(iii), (iv), added par. (2) and redesignated former par. (2) as (3). 2008—Subsec. (a)(1). Pub. L. 110–246, § 14207(a)(1)(A), struck out ‘‘, if any animal in the venture was moved in interstate or foreign commerce’’ before period at end. Subsec. (a)(2). Pub. L. 110–246, § 14207(a)(1)(B), which directed amendment of par. (2) by substituting ‘‘State’’ for ‘‘state’’ in heading, was executed by making the substitution for ‘‘states’’ in heading, to reflect the probable intent of Congress. Subsec. (b). Pub. L. 110–246, § 14207(a)(2), inserted heading and substituted ‘‘possess, train, transport, de- liver, or receive any animal for purposes of having the animal participate’’ for ‘‘transport, deliver, or receive for purposes of transportation, in interstate or foreign commerce, any dog or other animal for purposes of hav- ing the dog or other animal participate’’. Subsec. (c). Pub. L. 110–246, § 14207(a)(3), inserted heading and inserted ‘‘advertising an animal, or an in- strument described in subsection (e), for use in an ani- mal fighting venture,’’ after ‘‘for purposes of’’. Subsec. (d). Pub. L. 110–246, § 14207(a)(4), inserted heading. Subsec. (e). Pub. L. 110–246, § 14207(a)(5), inserted heading. Subsec. (f). Pub. L. 110–246, § 14207(a)(6), inserted head- ing and, in last sentence, struck out ‘‘by the United States’’ after ‘‘Costs incurred’’, inserted ‘‘(1)’’ after ‘‘owner of the animals’’, and substituted ‘‘proceeding, or (2) in’’ for ‘‘proceeding or in’’. Subsec. (g). Pub. L. 110–246, § 14207(a)(7), inserted sub- sec. heading, in introductory provisions, substituted ‘‘In this section’’ for ‘‘For purposes of this section’’, in par. (1), substituted ‘‘any event, in or affecting inter- state or foreign commerce, that involves a fight con- ducted or to be conducted between at least 2 animals for purposes of sport, wagering, or entertainment,’’ for ‘‘any event which involves a fight between at least two animals and is conducted for purposes of sport, wager- ing, or entertainment’’, redesignated pars. (3) to (5) as (2) to (4), respectively, in par. (4), substituted ‘‘mam- mal’’ for ‘‘dog or other mammal’’ and period for ‘‘; and’’ at end, and struck out former par. (2) which read as follows: ‘‘the term ‘interstate or foreign com- merce’ 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 or from any State into any foreign country;’’. Subsec. (g)(6). Pub. L. 110–246, § 14207(a)(11), redesig- nated subsec. (g)(6) as (h). Subsec. (h). Pub. L. 110–246, § 14207(a)(11), redesignated subsec. (g)(6) as (h), inserted heading, and substituted ‘‘The’’ for ‘‘the’’. Pub. L. 110–246, § 14207(a)(8), redesignated subsec. (h) as (i). Subsec. (i). Pub. L. 110–246, § 14207(a)(8), (9), redesig- nated subsec. (h) as (i) and inserted subsec. and par. (1) headings. Former subsec. (i) redesignated (j). Subsec. (j). Pub. L. 110–246, § 14207(a)(8), (10), redesig- nated subsec. (i) as (j) and inserted heading. 2007—Subsec. (c). Pub. L. 110–22, § 3(1), substituted ‘‘instrumentality of interstate commerce for commer- cial speech’’ for ‘‘interstate instrumentality’’. Subsec. (d). Pub. L. 110–22, § 3(2), substituted ‘‘such subsection’’ for ‘‘such subsections’’. Subsec. (e). Pub. L. 110–22, § 3(3), added subsec. (e) and struck out former subsec. (e) which read as follows: ‘‘Any person who violates subsection (a), (b), or (c) of this section shall be fined not more than $15,000 or im- prisoned for not more than 1 year, or both, for each such violation.’’ Subsec. (g)(1). Pub. L. 110–22, § 3(4)(A), struck out ‘‘or animals, such as waterfowl, bird, raccoon, or fox hunt- ing’’ after ‘‘hunting another animal’’. Subsec. (g)(3). Pub. L. 110–22, § 3(4)(B), added par. (3) and struck out former par. (3) which read as follows: ‘‘the term ‘interstate instrumentality’ means tele- graph, telephone, radio, or television operating in interstate or foreign commerce;’’. Subsec. (i). Pub. L. 110–22, § 3(5), added subsec. (i). 2002—Subsec. (a). Pub. L. 107–171, § 10302(a)(1), added subsec. (a) and struck out former subsec. (a) which read as follows: ‘‘It shall be unlawful for any person to knowingly sponsor or exhibit an animal in any animal fighting venture to which any animal was moved in interstate or foreign commerce.’’ Subsec. (b). Pub. L. 107–171, § 10302(a)(2), substituted ‘‘deliver, or receive’’ for ‘‘or deliver to another person or receive from another person’’. Subsec. (d). Pub. L. 107–171, § 10302(a)(3), substituted ‘‘subsection (c)’’ for ‘‘subsections (a), (b), or (c) of this section’’. Subsec. (e). Pub. L. 107–171, § 10303(a)(1), inserted heading and substituted ‘‘$15,000’’ for ‘‘$5,000’’ in text. Subsec. (g)(2)(B). Pub. L. 107–171, § 10303(a)(2), inserted ‘‘or from any State into any foreign country’’ before semicolon. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘United States magistrate judge’’ substituted for ‘‘United States magistrate’’ in subsec. (e) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Proce- dure. EFFECTIVE DATE OF 2018 AMENDMENT Pub. L. 115–334, title XII, § 12616(e), Dec. 20, 2018, 132 Stat. 5016, provided that: ‘‘The amendments made by this section [amending this section, section 49 of Title 18, Crimes and Criminal Procedure, and section 3001 of Title 39, Postal Service] shall take effect on the date that is one year after the date of the enactment of this Act [Dec. 20, 2018].’’ EFFECTIVE DATE OF 2008 AMENDMENT Amendment 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, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107–171, title X, § 10302(b), May 13, 2002, 116 Stat. 492, provided that: ‘‘The amendments made by this section [amending this section] take effect 1 year after the date of enactment of this Act [May 13, 2002].’’ Pub. L. 107–171, title X, § 10303(b), May 13, 2002, 116 Stat. 492, provided that: ‘‘The amendment made by this section [amending this section] takes effect 1 year after the date of enactment of this Act [May 13, 2002].’’ § 2157. Release of trade secrets (a) Release of confidential information prohib- ited It shall be unlawful for any member of an In- stitutional Animal Committee to release any confidential information of the research facility including any information that concerns or re- lates 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, Page 1424 TITLE 7—AGRICULTURE § 2158 of the research facility. (b) Wrongful use of confidential information pro- hibited It shall be unlawful for any member of such Committee— (1) to use or attempt to use to his advan- tages; 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 punish- able by— (1) removal from such Committee; and (2)(A) a fine of not more than $1,000 and im- prisonment 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 ac- tual 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 con- strued to limit the exercise of any such rights arising out of or relating to a violation of sub- sections (a) and (b). (Pub. L. 89–544, § 27, as added Pub. L. 99–198, title XVII, § 1754, Dec. 23, 1985, 99 Stat. 1649.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective one year after Dec. 23, 1985, see sec- tion 1759 of Pub. L. 99–198, set out as an Effective Date of 1985 Amendment note under section 2131 of this title. § 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 pe- riod 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 hu- mane 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 Agri- culture 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 mark- ing of such; and (v) any other information that the Sec- retary 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 edu- cational 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 sub- section (a); and (G) any other information that the Sec- retary of Agriculture by regulation shall de- termine 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 enforce- ment 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 identifica- tion techniques, such as microchip tech- nology, if the Secretary determines that ade- quate information such as described in this section, will be collected, transferred, and maintained through such technology.