7 U.S.C. § 2132 — Definitions

Page 1407 TITLE 7—AGRICULTURE § 2132 portation, purchase, sale, housing, care, han- dling, 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. (Pub. L. 89–544, § 1(b), formerly § 1, Aug. 24, 1966, 80 Stat. 350; Pub. L. 91–579, § 2, Dec. 24, 1970, 84 Stat. 1560; renumbered and amended Pub. L. 94–279, § 2, Apr. 22, 1976, 90 Stat. 417.) Editorial Notes AMENDMENTS 1976—Pub. L. 94–279 restated and expanded objectives of this chapter to include regulation of animals and ac- tivities in, or substantially affecting, interstate or for- eign commerce in order to prevent and eliminate bur- dens on such commerce and to assure the humane treatment of animals during transportation. 1970—Pub. L. 91–579 restated objectives to include all animals as defined instead of only cats and dogs and ex- panded coverage to regulate animals intended for use for exhibition purposes or for use as pets. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1985 AMENDMENT Pub. L. 99–198, title XVII, § 1759, Dec. 23, 1985, 99 Stat. 1650, provided that: ‘‘This subtitle [subtitle F (§§ 1751–1759), enacting section 2157 of this title, amend- ing sections 2132, 2143 to 2146, and 2149 of this title, and enacting provisions set out as notes under this section] shall take effect 1 year after the date of the enactment of this Act [Dec. 23, 1985].’’ EFFECTIVE DATE OF 1970 AMENDMENT Pub. L. 91–579, § 23, Dec. 24, 1970, 84 Stat. 1565, provided that: ‘‘The amendments made by this Act [enacting section 2155 of this title, amending this section and sec- tions 2132, 2133, 2134, 2135, 2136, 2137, 2138, 2139, 2140, 2141, 2142, 2143, 2144, 2145, 2146, 2147, 2149, and 2150 of this title, repealing section 2148 of this title, and enacting provisions set out as notes under this section] shall take effect one year after the date of enactment of this Act [Dec. 24, 1970], except for the amendments to sec- tions 16, 17, 19, and 20 of the Act of August 24, 1966 [sec- tions 2146, 2147, 2149, and 2150 of this title], which shall become effective thirty days after the date of enact- ment of this Act [Dec. 24, 1970]’’. SHORT TITLE OF 1976 AMENDMENT Pub. L. 94–279, § 1, Apr. 22, 1976, 90 Stat. 417, provided: ‘‘That this Act [enacting section 2156 of this title, amending this section, sections 2132, 2134, 2136, 2139 to 2146, 2149, 2153 to 2155 of this title, and section 3001 of Title 39, Postal Service, repealing section 2150 of this title, and enacting provisions set out as notes under this section] may be cited as the ‘Animal Welfare Act Amendments of 1976’.’’ SHORT TITLE OF 1970 AMENDMENT Pub. L. 91–579, § 1, Dec. 24, 1970, 84 Stat. 1560, provided: ‘‘That this Act [enacting section 2155 of this title, amending this section and sections 2132, 2133, 2134, 2135, 2136, 2137, 2138, 2139, 2140, 2141, 2142, 2143, 2144, 2145, 2146, 2147, 2149, and 2150 of this title, repealing section 2148 of this title, and enacting provisions set out as notes under this section] may be cited as the ‘Animal Welfare Act of 1970’.’’ SHORT TITLE Pub. L. 89–544, § 1(a), as added by Pub. L. 94–279, § 2, Apr. 22, 1976, 90 Stat. 417, provided: ‘‘That this Act [en- acting this chapter] may be cited as the ‘Animal Wel- fare Act’.’’ CONGRESSIONAL FINDINGS FOR 1985 AMENDMENT Pub. L. 99–198, title XVII, subtitle F (§§ 1751–1759), § 1751, Dec. 23, 1985, 99 Stat. 1645, provided that: ‘‘For the purposes of this subtitle [see Effective Date of 1985 Amendment note above], the Congress finds that— ‘‘(1) the use of animals is instrumental in certain research and education for advancing knowledge of cures and treatment for diseases and injuries which afflict both humans and animals; ‘‘(2) methods of testing that do not use animals are being and continue to be developed which are faster, less expensive, and more accurate than traditional animal experiments for some purposes and further op- portunities exist for the development of these meth- ods of testing; ‘‘(3) measures which eliminate or minimize the un- necessary duplication of experiments on animals can result in more productive use of Federal funds; and ‘‘(4) measures which help meet the public concern for laboratory animal care and treatment are impor- tant in assuring that research will continue to progress.’’ EXTENDED DEFINITION OF ‘‘ANIMAL’’ Pub. L. 99–198, title XVII, 1756(b), Dec. 23, 1985, 99 Stat. 1650, provided that: ‘‘For purposes of this Act [see Tables for classification], the term ‘animal’ shall have the same meaning as defined in section 2(g) of the Ani- mal Welfare Act (7 U.S.C. 2132(g)).’’ § 2132. Definitions In this chapter: (a) The term ‘‘person’’ includes any individual, partnership, firm, joint stock company, corpora- tion, association, trust, estate, or other legal entity. (b) The term ‘‘Secretary’’ means the Secretary of Agriculture of the United States or his rep- resentative 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 with- in the same State but through any place out- side thereof, or within any territory, posses- sion, or the District of Columbia; (2) which affects trade, traffic, transpor- tation, or other commerce described in para- graph (1). (d) The term ‘‘State’’ means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Is- lands, Guam, American Samoa, or any other ter- ritory 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) re- ceives funds under a grant, award, loan, or con- tract from a department, agency, or instrumen- tality 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, organi- zation, or person that does not use or intend to use live dogs or cats, except those schools, insti- tutions, organizations, or persons, which use substantial numbers (as determined by the Sec- retary) of live animals the principal function of which schools, institutions, organizations, or Page 1408 TITLE 7—AGRICULTURE § 2132 persons, is biomedical research or testing, when in the judgment of the Secretary, any such ex- emption does not vitiate the purpose of this chapter. (f) The term ‘‘dealer’’ means any person who, in commerce, for compensation or profit, deliv- ers for transportation, or transports, except as a carrier, buys, or sells, or negotiates the pur- chase or sale of, (1) any dog or other animal whether alive or dead for research, teaching, ex- hibition, or use as a pet, or (2) any dog for hunt- ing, security, or breeding purposes. Such term does not include a retail pet store (other than a retail pet store which sells any animals to a re- search facility, an exhibitor, or another dealer). (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 re- search, 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, (2) horses not used for research purposes, and (3) other farm animals, such as, but not limited to live- stock or poultry, used or intended for use as food or fiber, or livestock or poultry used or in- tended 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 in- tended distribution of which affects commerce, or will affect commerce, to the public for com- pensation, 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, an owner of a common, domesticated household pet who derives less than a substan- tial portion of income from a nonprimary source (as determined by the Secretary) for exhibiting an animal that exclusively resides at the resi- dence of the pet owner, organizations sponsoring and all persons participating in State and coun- try 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 Sec- retary. (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 connec- tion 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 Ex- ecutive agency as such term is defined in section 105 of title 5, and with respect to any research facility means the agency from which the re- search facility receives a Federal award for the conduct of research, experimentation, or test- ing, 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 (in- cluding a grant, award, loan, contract, or coop- erative agreement) under which Federal funds are provided to support the conduct of such re- search. (m) The term ‘‘quorum’’ means a majority of the Committee members. (n) The term ‘‘Committee’’ means the Institu- tional Animal Committee established under sec- tion 2143(b) of this title. (o) The term ‘‘Federal research facility’’ means each department, agency, or instrumen- tality of the United States which uses live ani- mals for research or experimentation. (Pub. L. 89–544, § 2, Aug. 24, 1966, 80 Stat. 350; Pub. L. 91–579, § 3, Dec. 24, 1970, 84 Stat. 1560; Pub. L. 94–279, §§ 3, 4, Apr. 22, 1976, 90 Stat. 417, 418; Pub. L. 99–198, title XVII, § 1756(a), Dec. 23, 1985, 99 Stat. 1650; Pub. L. 107–171, title X, § 10301, May 13, 2002, 116 Stat. 491; Pub. L. 112–261, § 1, Jan. 10, 2013, 126 Stat. 2428; Pub. L. 113–79, title XII, § 12308(a)(1), Feb. 7, 2014, 128 Stat. 990.) Editorial Notes AMENDMENTS 2014—Pub. L. 113–79, § 12308(a)(1)(A), substituted ‘‘In this chapter:’’ for ‘‘When used in this chapter—’’ in in- troductory provisions. Subsecs. (a), (b), (d), (e). Pub. L. 113–79, § 12308(a)(1)(C), substituted period for semicolon at end. Subsec. (f)(2). Pub. L. 113–79, § 12308(a)(1)(B), sub- stituted ‘‘(2) any dog for hunting, security, or breeding purposes. Such term does not include a retail pet store (other than a retail pet store which sells any animals to a research facility, an exhibitor, or another dealer).’’ for ‘‘(2) any dog for hunting, security, or breeding pur- poses, 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;’’. Subsecs. (g), (h) to (k), (m). Pub. L. 113–79, § 12308(a)(1)(C), substituted period for semicolon at end. Subsec. (n). Pub. L. 113–79, § 12308(a)(1)(D), substituted period at end for ‘‘; and’’. 2013—Subsec. (h). Pub. L. 112–261 inserted ‘‘an owner of a common, domesticated household pet who derives less than a substantial portion of income from a non- primary source (as determined by the Secretary) for ex- hibiting an animal that exclusively resides at the resi- dence of the pet owner,’’ after ‘‘stores,’’. 2002—Subsec. (g). Pub. L. 107–171 substituted ‘‘ex- cludes (1) birds, rats of the genus Rattus, and mice of the genus Mus, bred for use in research, (2) horses not used for research purposes, and (3)’’ for ‘‘excludes horses not used for research purposes and’’. 1985—Subsecs. (k) to (o). Pub. L. 99–198 added subsecs. (k) to (o). 1976—Subsec. (c). Pub. L. 94–279, § 3(1), made changes in phraseology, restructured subsection and expanded definition of ‘‘commerce’’ by making it applicable to any activity affecting interstate commerce. Subsec. (d). Pub. L. 94–279, § 3(1), substituted defini- tion of ‘‘State’’ for definition of ‘‘affecting commerce’’. Page 1409 TITLE 7—AGRICULTURE § 2133 Subsec. (e). Pub. L. 94–279, § 3(2), substituted ‘‘in com- merce’’ for ‘‘affecting commerce’’. Subsec. (f). Pub. L. 94–279, § 3(2), (3), made changes in phraseology, restructured subsection and expanded def- inition of ‘‘dealer’’ to include persons who negotiate the purchase or sale of protected animals. Subsec. (g). Pub. L. 94–279, § 3(4), expanded definition of ‘‘animal’’ to include dogs used for hunting, security, or breeding purposes. Subsecs. (i), (j). Pub. L. 94–279, § 4, added subsecs. (i) and (j). 1970—Subsec. (b). Pub. L. 91–579, § 3(1), inserted ‘‘of the United States or his representative who shall be an employee of the United States Department of Agri- culture’’ after ‘‘Secretary of Agriculture’’. Subsec. (c). Pub. L. 91–579, § 3(2), substituted ‘‘trade, traffic, commerce, transportation among the several States, or between any State’’ for ‘‘commerce between any State’’. Subsec. (d). Pub. L. 91–579, § 3(3), substituted defini- tion of ‘‘affecting commerce’’ for definition of ‘‘dog’’. Subsec. (e). Pub. L. 91–579, § 3(3), struck out definition of ‘‘cat’’ and substituted for it a definition of ‘‘research facility’’ formerly set out in subsec. (f), and, in such definition as transferred from former subsec. (f), ex- tended the term’s meaning to include those using ‘‘ani- mals’’ rather than only dogs and cats and allowed ex- emptions of schools, organizations, institutions, or per- sons which do not use live dogs or cats, with such ex- emption to be inapplicable in the case of schools, orga- nizations, institutions, and persons in biomedical re- search using a substantial number of live animals. Subsec. (f). Pub. L. 91–579, § 3(3), substituted defini- tion of ‘‘dealer’’ formerly contained in subsec. (g) for definition of ‘‘research facility’’ and in such definition of ‘‘dealer’’ as thus transferred inserted provisions ex- tending meaning to include live or dead animals rather than only dogs and cats, adding teaching and exhi- bition purposes or uses as pets, and exempting retail pet stores unless such stores sell animals to a research facility, an exhibitor, or a dealer. Definition of ‘‘re- search facility’’ transferred to subsec. (e) and amended. Subsec. (g). Pub. L. 91–579, § 3(3), substituted defini- tion of ‘‘animal’’ formerly contained in subsec. (h) for definition of ‘‘dealer’’ and in such definition of ‘‘ani- mal’’ as thus transferred inserted stipulation ‘‘live or dead’’ to the species already covered, and inserted pro- visions to include such warm-blooded animals as may be determined by the Secretary but to exclude specific animals used for research, food and fiber, and the im- provement of animal breeding, nutrition, management, or production efficiency. Definition of ‘‘dealer’’ trans- ferred to subsec. (f) and amended. Subsec. (h). Pub. L. 91–579, § 3(3), substituted defini- tion of ‘‘exhibitor’’ for definition of ‘‘animal’’. Defini- tion of ‘‘animal’’ transferred to subsec. (g) and amend- ed. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1985 AMENDMENT Amendment by Pub. L. 99–198 effective one year after Dec. 23, 1985, see section 1759 of Pub. L. 99–198, set out as a note under section 2131 of this title. 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. REPORT ON RATS, MICE, AND BIRDS Pub. L. 107–171, title X, § 10304, May 13, 2002, 116 Stat. 492, provided that: ‘‘(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act [May 13, 2002], the Na- tional Research Council shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, a report on the implications of including rats, mice, and birds within the definition of animal under the regulations promulgated under the Animal Welfare Act (7 U.S.C. 2131 et seq.). ‘‘(b) REQUIREMENTS.—The report under subsection (a) shall— ‘‘(1) be completed with input, consultation, and rec- ommendations from— ‘‘(A) the Secretary of Agriculture; ‘‘(B) the Secretary of Health and Human Services; and ‘‘(C) the Institute for Animal Laboratory Re- search within the National Academy of Sciences; ‘‘(2) contain an estimate of— ‘‘(A) the number and types of entities that use rats, mice, and birds for research purposes; and ‘‘(B) which of the entities— ‘‘(i) are subject to regulations of the Depart- ment of Agriculture; ‘‘(ii) are subject to regulations or guidelines of the Department of Health and Human Services; or ‘‘(iii) voluntarily comply with the accreditation requirements of the Association for Assessment and Accreditation of Laboratory Animal Care; ‘‘(3) contain an estimate of the numbers of rats, mice, and birds used in research facilities, with an in- dication of which of the facilities— ‘‘(A) are subject to regulations of the Department of Agriculture; ‘‘(B) are subject to regulations or guidelines of the Department of Health and Human Services; or ‘‘(C) voluntarily comply with the accreditation requirements of the Association for Assessment and Accreditation of Laboratory Animal Care; ‘‘(4) contain an estimate of the additional costs likely to be incurred by breeders and research facili- ties resulting from the additional regulatory require- ments needed in order to afford the same level of pro- tection to rats, mice, and birds as is provided for spe- cies regulated by the Department of Agriculture, de- tailing the costs associated with individual regu- latory requirements; ‘‘(5) contain recommendations for minimizing such costs, including— ‘‘(A) an estimate of the cost savings that would result from providing a different level of protection to rats, mice, and birds than is provided for species regulated by the Department of Agriculture; and ‘‘(B) an estimate of the cost savings that would result if new regulatory requirements were substan- tially equivalent to, and harmonized with, guide- lines of the National Institutes of Health; ‘‘(6) contain an estimate of the additional funding that the Animal and Plant Health Inspection Service would require to be able to ensure that the level of compliance with respect to other regulated animals is not diminished by the increase in the number of fa- cilities that would require inspections if a rule ex- tending the regulatory definition of animal to rats, mice, and birds were to become effective; and ‘‘(7) contain recommendations for— ‘‘(A) minimizing the regulatory burden on facili- ties subject to— ‘‘(i) regulations of the Department of Agri- culture; ‘‘(ii) regulations or guidelines of the Depart- ment of Health and Human Services; or ‘‘(iii) accreditation requirements of the Asso- ciation for Assessment and Accreditation of Lab- oratory Animal Care; and ‘‘(B) preventing any duplication of regulatory re- quirements.’’ § 2133. Licensing of dealers and exhibitors The Secretary shall issue licenses to dealers and exhibitors upon application therefor in such form and manner as he may prescribe and upon payment of such fee established pursuant to 2153 of this title: Provided, That no such license shall be issued until the dealer or exhibitor shall have