7 U.S.C. § 2154 — Effective dates

Page 1420 TITLE 7—AGRICULTURE § 2150 eral, may be conducted, at both trial and upon appeal to district court, by attorneys of the United States Department of Agriculture. (Pub. L. 89–544, § 19, Aug. 24, 1966, 80 Stat. 352; Pub. L. 91–579, § 20, Dec. 24, 1970, 84 Stat. 1564; Pub. L. 94–279, § 13, Apr. 22, 1976, 90 Stat. 420; Pub. L. 99–198, title XVII, § 1755, Dec. 23, 1985, 99 Stat. 1650; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 110–234, title XIV, § 14214, May 22, 2008, 122 Stat. 1466; Pub. L. 110–246, § 4(a), title XIV, § 14214, June 18, 2008, 122 Stat. 1664, 2228.) Editorial Notes CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS Subsec. (b). Pub. L. 110–246, § 14214, substituted ‘‘$10,000’’ for ‘‘$2,500’’. 1985—Subsec. (b). Pub. L. 99–198, § 1755(a), substituted ‘‘$2,500 for each such violation’’ for ‘‘$1,000 for each such violation’’ in first sentence and directed the substi- tution of ‘‘$1,500 for each offense’’ for ‘‘$500 for each of- fense’’ in sixth sentence, which was executed to the seventh sentence as the probable intent of Congress. Subsec. (d). Pub. L. 99–198, § 1755(b), substituted ‘‘$2,500’’ for ‘‘$1,000’’. 1976—Subsec. (a). Pub. L. 94–279 substituted provi- sions covering violations by licensees, temporary li- cense suspension, notice and hearing, and license rev- ocation for provisions relating to violations by dealers, exhibitors, operators of auction sales, cease and desist orders, license suspension, and civil penalties. Subsec. (b). Pub. L. 94–279 substituted provisions cov- ering civil penalties, notice and hearing, appeal, con- siderations in assessing penalties, compromising pen- alties, civil action by Attorney General for failure to pay penalty, district court jurisdiction, and failure to obey cease and desist orders for provisions relating to judicial review of final orders by the Secretary. Subsec. (c). Pub. L. 94–279 substituted provisions cov- ering appeal of final orders by aggrieved persons, limi- tations, and exclusive jurisdiction of the United States Courts of Appeals for provisions relating to criminal penalties. Subsec. (d). Pub. L. 94–279 added subsec. (d). 1970—Pub. L. 91–579 added exhibitors and operators of auction sales to the enumeration of covered persons, added civil penalties for failure to obey a cease and de- sist order of the Secretary, and changed the procedure for judicial review. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘United States magistrate judges’’ substituted for ‘‘United States magistrates’’ in subsec. (d) 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 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 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 30 days after Dec. 24, 1970, see section 23 of Pub. L. 91–579, set out as a note under section 2131 of this title. § 2150. Repealed. Pub. L. 94–279, § 14, Apr. 22, 1976, 90 Stat. 421 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 vio- lated any provision of this chapter, provided for a civil penalty, and provided appeal mechanism by which ag- grieved person may have judicial review of such final order by Secretary. See section 2149 of this title. § 2151. Rules and regulations The Secretary is authorized to promulgate such rules, regulations, and orders as he may deem necessary in order to effectuate the pur- poses of this chapter. (Pub. L. 89–544, § 21, Aug. 24, 1966, 80 Stat. 353.) § 2152. Separability If any provision of this chapter or the applica- tion of any such provision to any person or cir- cumstances shall be held invalid, the remainder of this chapter and the application of any such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. (Pub. L. 89–544, § 22, Aug. 24, 1966, 80 Stat. 353.) § 2153. Fees and authorization of appropriations The Secretary shall charge, assess, and cause to be collected reasonable fees for licenses issued. Such fees shall be adjusted on an equi- table 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 au- thorized to be appropriated such funds as Con- gress 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 an amount not to ex- ceed $100,000 for the transition quarter ending September 30, 1976, and not to exceed $400,000 for each fiscal year thereafter. (Pub. L. 89–544, § 23, Aug. 24, 1966, 80 Stat. 353; Pub. L. 94–279, § 18, Apr. 22, 1976, 90 Stat. 423.) Editorial Notes AMENDMENTS 1976—Pub. L. 94–279 authorized appropriations for the enforcement of section 2156 of this title. § 2154. Effective dates The regulations referred to in sections 2140 and 2143 of this title shall be prescribed by the Secretary as soon as reasonable but not later than six months from August 24, 1966. Additions and amendments thereto may be prescribed from time to time as may be necessary or advis- able. Compliance by dealers with the provisions of this chapter and such regulations shall com- mence ninety days after the promulgation of Page 1421 TITLE 7—AGRICULTURE § 2156 1 So in original. Probably should be preceded by ‘‘or’’. such regulations. Compliance by research facili- ties with the provisions of this chapter and such regulations shall commence six months after the promulgation of such regulations, except that the Secretary may grant extensions of time to research facilities which do not comply with the standards prescribed by the Secretary pursu- ant to section 2143 of this title provided that the Secretary determines that there is evidence that the research facilities will meet such standards within a reasonable time. Notwithstanding the other provisions of this section, compliance by intermediate handlers, and carriers, and other persons with those provisions of this chapter, as amended by the Animal Welfare Act Amend- ments of 1976, and those regulations promul- gated thereunder, which relate to actions of in- termediate handlers and carriers, shall com- mence 90 days after promulgation of regulations under section 2143 of this title, as amended, with respect to intermediate handlers and carriers, and such regulations shall be promulgated no later than 9 months after April 22, 1976; and compliance by dealers, exhibitors, operators of auction sales, and research facilities with other provisions of this chapter, as so amended, and the regulations thereunder, shall commence upon the expiration of 90 days after April 22, 1976: Provided, however, That compliance by all persons with subsections (b), (c), and (d) of sec- tion 2143 and with section 2156 of this title, as so amended, shall commence upon the expiration of said ninety-day period. In all other respects, said amendments shall become effective on April 22, 1976. (Pub. L. 89–544, § 24, Aug. 24, 1966, 80 Stat. 353; Pub. L. 94–279, § 15, Apr. 22, 1976, 90 Stat. 421.) Editorial Notes REFERENCES IN TEXT The Animal Welfare Act Amendments of 1976, re- ferred to in text, is Pub. L. 94–279, Apr. 22, 1976, 90 Stat. 417, which enacted section 2156 of this title, amended sections 2131, 2132, 2134, 2136, 2139 to 2146, 2149, 2153 to 2155 of this title, and section 3001 of Title 39, Postal Service, repealed section 2150 of this title, and enacted provisions set out as notes under section 2131 of this title. For complete classification of this Act to the Code, see Short Title of 1976 Amendment note set out under section 3121 of this title and Tables. Subsections (b), (c), and (d) of section 2143 of this title, referred to in text, were redesignated subsecs. (f), (g), and (h), respectively, and new subsecs. (b), (c), and (d) of section 2143 were enacted, by Pub. L. 99–198, title XVII, § 1752(a)(1), (c), Dec. 23, 1985, 99 Stat. 1645, 1647. AMENDMENTS 1976—Pub. L. 94–279 inserted provisions setting par- ticular effective dates of compliance for intermediate handlers and carriers and for dealers, exhibitors, opera- tors of auction sales, and research facilities with re- spect to the amendments made by the Animal Welfare Act Amendments of 1976. § 2155. Omitted Editorial Notes CODIFICATION Section, Pub. L. 89–544, § 25, as added Pub. L. 91–579, § 22, Dec. 24, 1970, 84 Stat. 1565; amended Pub. L. 94–279, § 16, Apr. 22, 1976, 90 Stat. 421; Pub. L. 104–66, title I, § 1012(a), Dec. 21, 1995, 109 Stat. 711, which required the Secretary of Agriculture to submit an annual report to the President of the Senate and the Speaker of the House of Representatives on licensing, investigation, inspection, and other activity related to carrying out this chapter, terminated, effective May 15, 2000, pursu- ant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 44 of House Document No. 103–7. § 2156. Animal fighting venture prohibition (a) Sponsoring or exhibiting an animal in, at- tending, or causing an individual who has not attained the age of 16 to attend, an ani- mal fighting venture (1) Sponsoring or exhibiting It shall be unlawful for any person to know- ingly sponsor or exhibit an animal in an ani- mal fighting venture. (2) Attending or causing an individual who has not attained the age of 16 to attend It shall be unlawful for any person to— (A) knowingly attend an animal fighting venture; or (B) knowingly cause an individual who has not attained the age of 16 to attend an ani- mal fighting venture. (b) Buying, selling, delivering, possessing, train- ing, or transporting animals for participation in animal fighting venture It shall be unlawful for any person to know- ingly sell, buy, possess, train, transport, deliver, or receive any animal for purposes of having the animal participate in an animal fighting ven- ture. (c) Use of Postal Service or other interstate in- strumentality for promoting or furthering animal fighting venture It shall be unlawful for any person to know- ingly use the mail service of the United States Postal Service or any instrumentality of inter- state commerce for commercial speech for pur- poses of advertising an animal, or an instrument described in subsection (d), for use in an animal fighting venture, promoting 1 or in any other manner furthering an animal fighting venture except as performed outside the limits of the States of the United States. (d) Buying, selling, delivering, or transporting sharp instruments for use in animal fighting venture It shall be unlawful for any person to know- ingly sell, buy, transport, or deliver in inter- state or foreign commerce a knife, a gaff, or any other sharp instrument attached, or designed or intended to be attached, to the leg of a bird for use in an animal fighting venture. (e) Investigation of violations by Secretary; as- sistance by other Federal agencies; issuance of search warrant; forfeiture; costs recover- able in forfeiture or civil action The Secretary or any other person authorized by him shall make such investigations as the Secretary deems necessary to determine wheth- er any person has violated or is violating any