7 U.S.C. § 2144 — Humane standards for animals by United

Page 1415 TITLE 7—AGRICULTURE § 2144 1 So in original. Probably should be ‘‘section’’. intermediate handler or carrier for transpor- tation in commerce except to registered re- search facilities if they are less than such age as the Secretary may by regulation prescribe. The Secretary shall designate additional kinds and classes of animals and may prescribe different ages for particular kinds or classes of dogs, cats, or designated animals, for the purposes of this section, when he determines that such action is necessary or adequate to assure their humane treatment in connection with their transpor- tation in commerce. (h) Prohibition of C.O.D. arrangements for trans- portation of animals in commerce; excep- tions No intermediate handler or carrier involved in the transportation of any animal in commerce shall participate in any arrangement or engage in any practice under which the cost of such ani- mal or the cost of the transportation of such animal is to be paid and collected upon delivery of the animal to the consignee, unless the con- signor guarantees in writing the payment of transportation charges for any animal not claimed within a period of 48 hours after notice to the consignee of arrival of the animal, includ- ing, where necessary, both the return transpor- tation charges and an amount sufficient to re- imburse the carrier for all out-of-pocket ex- penses incurred for the care, feeding, and stor- age of such animals. (Pub. L. 89–544, § 13, Aug. 24, 1966, 80 Stat. 352; Pub. L. 91–579, § 14, Dec. 24, 1970, 84 Stat. 1562; Pub. L. 94–279, §§ 9, 10, Apr. 22, 1976, 90 Stat. 418, 419; Pub. L. 99–198, title XVII, § 1752, Dec. 23, 1985, 99 Stat. 1645.) Editorial Notes AMENDMENTS 1985—Subsec. (a)(1) to (3). Pub. L. 99–198, § 1752(a)(2), substituted pars. (1) to (3) for first two sentences of subsec. (a) which read as follows: ‘‘The Secretary shall promulgate standards to govern the humane handling, care, treatment, and transportation of animals by deal- ers, research facilities, and exhibitors. Such standards shall include minimum requirements with respect to handling, housing, feeding, watering, sanitation, ven- tilation, shelter from extremes of weather and tem- peratures, adequate veterinary care, including the ap- propriate use of anesthetic, analgesic or tranquilizing drugs, when such use would be proper in the opinion of the attending veterinarian of such research facilities, and separation by species when the Secretary finds such separation necessary for the humane handling, care, or treatment of animals.’’ Subsec. (a)(4) to (8). Pub. L. 99–198, § 1752(b), des- ignated third and fourth sentences of subsec. (a) as par. (4), designated fifth sentence of subsec. (a) as par. (5), and substituted pars. (6) to (8) for last sentence of sub- sec. (a) which read as follows: ‘‘Nothing in this chapter shall be construed as authorizing the Secretary to pro- mulgate rules, regulations, or orders with regard to de- sign, outlines, guidelines, or performance of actual re- search or experimentation by a research facility as de- termined by such research facility: Provided, That the Secretary shall require, at least annually, every re- search facility to show that professionally acceptable standards governing the care, treatment, and use of animals, including appropriate use of anesthetic, an- algesic, and tranquilizing drugs, during experimen- tation are being followed by the research facility dur- ing actual research or experimentation.’’ Subsecs. (b) to (h). Pub. L. 99–198, § 1752(a)(1), (c), added subsecs. (b) to (f) and redesignated existing sub- secs. (b) to (d) as (f) to (h), respectively. 1976—Subsec. (a). Pub. L. 94–279, § 9, designated exist- ing provisions as subsec. (a) and inserted provisions au- thorizing Secretary to promulgate standards, rules and regulations relating to the transportation in com- merce, handling, care, and treatment of animals cov- ered under this chapter. Subsecs. (b) to (d). Pub. L. 94–279, § 10, added subsecs. (b) to (d). 1970—Pub. L. 91–579 added exhibitors to the enumera- tion of persons to be governed by promulgated stand- ards, added handling to the enumeration of activities covered, expanded existing standard for adequate vet- erinary care to include the appropriate use of anes- thetic, analgesic, or tranquilizing drugs by research fa- cilities when the use of such drugs is considered proper in the opinion of the attending veterinarian at such re- search facility, directed the Secretary to consult out- side consultants and experts in promulgating stand- ards, and inserted requirement of an annual report. 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. § 2144. Humane standards for animals by United States Government facilities Any department, agency, or instrumentality of the United States having laboratory animal facilities shall comply with the standards and other requirements promulgated by the Sec- retary for a research facility under sections 1 2143(a), (f), (g), and (h) of this title. Any depart- ment, agency, or instrumentality of the United States exhibiting animals shall comply with the standards promulgated by the Secretary under sections 1 2143(a), (f), (g), and (h) of this title. (Pub. L. 89–544, § 14, Aug. 24, 1966, 80 Stat. 352; Pub. L. 91–579, § 15, Dec. 24, 1970, 84 Stat. 1563; Pub. L. 94–279, § 19, Apr. 22, 1976, 90 Stat. 423; Pub. L. 99–198, title XVII, § 1758, Dec. 23, 1985, 99 Stat. 1650.) Editorial Notes AMENDMENTS 1985—Pub. L. 99–198 substituted ‘‘sections 2143(a), (f), (g), and (h) of this title’’ for ‘‘section 2143 of this title’’ in two places. 1976—Pub. L. 94–279 inserted ‘‘and other require- ments’’ after ‘‘standards’’ in first sentence. 1970—Pub. L. 91–579 inserted provisions requiring fa- cilities of the United States exhibiting animals to com- ply with standards promulgated by Secretary under section 2143 of this title. 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. Page 1416 TITLE 7—AGRICULTURE § 2145 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. COMPLIANCE WITH ANIMAL WELFARE ACT Pub. L. 117–328, div. A, title VII, § 750, Dec. 29, 2022, 136 Stat. 4505, provided that: ‘‘In this fiscal year [fiscal year 2023] and thereafter, and notwithstanding any other provision of law, ARS facilities as described in the ‘Memorandum of Understanding Between the U.S. Department of Agriculture Animal and Plant Health Inspection Service (APHIS) and the U.S. Department of Agriculture Agricultural Research Service (ARS) Con- cerning Laboratory Animal Welfare’ (16–6100–0103–MU Revision 16–1) shall be inspected by APHIS for compli- ance with the Animal Welfare Act [7 U.S.C. 2131 et seq.] and its regulations and standards.’’ § 2145. Consultation and cooperation with Fed- eral, State, and local governmental bodies by Secretary of Agriculture (a) The Secretary shall consult and cooperate with other Federal departments, agencies, or in- strumentalities concerned with the welfare of animals used for research, experimentation or exhibition, or administration of statutes regu- lating the transportation in commerce or han- dling in connection therewith of any animals when establishing standards pursuant to section 2143 of this title and in carrying out the pur- poses of this chapter. The Secretary shall con- sult with the Secretary of Health and Human Services prior to issuance of regulations. Before promulgating any standard governing the air transportation and handling in connection therewith, of animals, the Secretary shall con- sult with the Secretary of Transportation who shall have the authority to disapprove any such standard if he notifies the Secretary, within 30 days after such consultation, that changes in its provisions are necessary in the interest of flight safety. The Surface Transportation Board, the Secretary of Transportation, and the Federal Maritime Commission, to the extent of their re- spective lawful authorities, shall take such ac- tion as is appropriate to implement any stand- ard established by the Secretary with respect to a person subject to regulation by it. (b) The Secretary is authorized to cooperate with the officials of the various States or polit- ical subdivisions thereof in carrying out the pur- poses of this chapter and of any State, local, or municipal legislation or ordinance on the same subject. (Pub. L. 89–544, § 15, Aug. 24, 1966, 80 Stat. 352; Pub. L. 91–579, § 16, Dec. 24, 1970, 84 Stat. 1563; Pub. L. 94–279, § 11, Apr. 22, 1976, 90 Stat. 419; Pub. L. 98–443, § 9(i), Oct. 4, 1984, 98 Stat. 1708; Pub. L. 99–198, title XVII, § 1757, Dec. 23, 1985, 99 Stat. 1650; Pub. L. 104–88, title III, § 312, Dec. 29, 1995, 109 Stat. 948.) Editorial Notes AMENDMENTS 1995—Subsec. (a). Pub. L. 104–88 substituted ‘‘Surface Transportation Board’’ for ‘‘Interstate Commerce Com- mission’’ in last sentence. 1985—Subsec. (a). Pub. L. 99–198 inserted provision re- quiring that the Secretary consult with the Secretary of Health and Human Services prior to the issuance of regulations. 1984—Subsec. (a). Pub. L. 98–443 substituted ‘‘the Sec- retary of Transportation’’ for ‘‘the Civil Aeronautics Board’’. 1976—Subsec. (a). Pub. L. 94–279 inserted ‘‘, or admin- istration of statutes regulating the transportation in commerce or handling in connection therewith of any animals’’ after ‘‘exhibition’’, and inserted provisions re- quiring the Secretary, prior to promulgating standards governing air transportation of animals in commerce, to consult with the specified Federal agencies con- cerned. 1970—Subsec. (a). Pub. L. 91–579, § 16(1), inserted ref- erence to exhibition of animals. Subsec. (b). Pub. L. 91–579, § 16(2), substituted ‘‘car- rying out’’ for ‘‘effectuating’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transpor- tation. 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 1984 AMENDMENT Amendment by Pub. L. 98–443 effective Jan. 1, 1985, see section 9(v) of Pub. L. 98–443, set out as a note under section 5314 of Title 5, Government Organization and Employees. 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. § 2146. Administration and enforcement by Sec- retary (a) Investigations and inspections The Secretary shall make such investigations or inspections as he deems necessary to deter- mine whether any dealer, exhibitor, inter- mediate handler, carrier, research facility, or operator of an auction sale subject to section 2142 of this title, has violated or is violating any provision of this chapter or any regulation or standard issued thereunder, and for such pur- poses, the Secretary shall, at all reasonable times, have access to the places of business and the facilities, animals, and those records re- quired to be kept pursuant to section 2140 of this title 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 inspec- tions 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 in- spectors to confiscate or destroy in a humane manner any animal found to be suffering as a re- sult 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