7 U.S.C. § 2140 — Recordkeeping by dealers, exhibitors, re-

Page 1411 TITLE 7—AGRICULTURE § 2140 such person is exempted from obtaining such li- cense under section 2133 of this title. (Pub. L. 89–544, § 7, Aug. 24, 1966, 80 Stat. 351; Pub. L. 91–579, § 8, Dec. 24, 1970, 84 Stat. 1561.) Editorial Notes AMENDMENTS 1970—Pub. L. 91–579 added licensed exhibitors and op- erators of auction sales subject to section 2142 of this title to the enumeration of persons from whom re- search facilities may purchase dogs or cats. Statutory Notes and Related Subsidiaries 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. § 2138. Purchase of dogs or cats by United States Government facilities prohibited except from authorized operators of auction sales and li- censed dealers or exhibitors No department, agency, or instrumentality of the United States which uses animals for re- search or experimentation or exhibition shall purchase or otherwise acquire any dog or cat for such purposes from any person except an oper- ator of an auction sale subject to section 2142 of this title or a person holding a valid license as a dealer or exhibitor issued by the Secretary pursuant to this chapter unless such person is exempted from obtaining such license under sec- tion 2133 of this title. (Pub. L. 89–544, § 8, Aug. 24, 1966, 80 Stat. 351; Pub. L. 91–579, § 9, Dec. 24, 1970, 84 Stat. 1562.) Editorial Notes AMENDMENTS 1970—Pub. L. 91–579 inserted reference to instrumen- talities of the United States which use animals for ex- hibition and added operators of auction sales subject to section 2142 of this title and licensed exhibitors to the enumeration of persons from whom United States Gov- ernment facilities may acquire dogs or cats. Statutory Notes and Related Subsidiaries 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. § 2139. Principal-agent relationship established When construing or enforcing the provisions of this chapter, the act, omission, or failure of any person acting for or employed by a research fa- cility, a dealer, or an exhibitor or a person li- censed as a dealer or an exhibitor pursuant to the second sentence of section 2133 of this title, or an operator of an auction sale subject to sec- tion 2142 of this title, or an intermediate han- dler, or a carrier, within the scope of his em- ployment or office, shall be deemed the act, omission, or failure of such research facility, dealer, exhibitor, licensee, operator of an auc- tion sale, intermediate handler, or carrier, as well as of such person. (Pub. L. 89–544, § 9, Aug. 24, 1966, 80 Stat. 351; Pub. L. 91–579, § 10, Dec. 24, 1970, 84 Stat. 1562; Pub. L. 94–279, § 7, Apr. 22, 1976, 90 Stat. 418.) Editorial Notes AMENDMENTS 1976—Pub. L. 94–279 inserted ‘‘or an intermediate han- dler, or a carrier,’’ after ‘‘section 2142 of this title,’’ and substituted ‘‘operator of an auction sale, intermediate handler, or carrier, as well as of such person.’’ for ‘‘or an operator of an auction sale as well as of such per- son.’’ after ‘‘research facility, dealer, exhibitor, li- censee,’’. 1970—Pub. L. 91–579 inserted references to persons acting for or employed by exhibitors, persons licensed as exhibitors, and operators of auction sales subject to section 2142 of this title. Statutory Notes and Related Subsidiaries 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. § 2140. Recordkeeping by dealers, exhibitors, re- search facilities, intermediate handlers, and carriers Dealers and exhibitors shall make and retain for such reasonable period of time as the Sec- retary may prescribe, such records with respect to the purchase, sale, transportation, identifica- tion, and previous ownership of animals as the Secretary may prescribe. Research facilities shall make and retain such records only with re- spect to the purchase, sale, transportation, iden- tification, and previous ownership of live dogs and cats. At the request of the Secretary, any regulatory agency of the Federal Government which requires records to be maintained by in- termediate handlers and carriers with respect to the transportation, receiving, handling, and de- livery of animals on forms prescribed by the agency, shall require there to be included in such forms, and intermediate handlers and car- riers shall include in such forms, such informa- tion as the Secretary may require for the effec- tive administration of this chapter. Such infor- mation shall be retained for such reasonable pe- riod of time as the Secretary may prescribe. If regulatory agencies of the Federal Government do not prescribe requirements for any such forms, intermediate handlers and carriers shall make and retain for such reasonable period as the Secretary may prescribe such records with respect to the transportation, receiving, han- dling, and delivery of animals as the Secretary may prescribe. Such records shall be made avail- able at all reasonable times for inspection and copying by the Secretary. (Pub. L. 89–544, § 10, Aug. 24, 1966, 80 Stat. 351; Pub. L. 91–579, § 11, Dec. 24, 1970, 84 Stat. 1562; Pub. L. 94–279, § 8, Apr. 22, 1976, 90 Stat. 418.) Editorial Notes AMENDMENTS 1976—Pub. L. 94–279 struck out ‘‘, upon forms supplied by the Secretary’’ after ‘‘ownership of animals as the Secretary may prescribe’’ and inserted provisions deal- ing with the records required to be maintained by in- termediate handlers and carriers relating to the trans- portation, receiving, handling and delivery of animals. 1970—Pub. L. 91–579 extended recordkeeping require- ments to include exhibitors and to include animals, as defined, rather than only dogs and cats, except that re- Page 1412 TITLE 7—AGRICULTURE § 2141 search facilities shall continue to keep required records only for live dogs and cats. Statutory Notes and Related Subsidiaries 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. § 2141. Marking and identification of animals All animals delivered for transportation, transported, purchased, or sold, in commerce, by a dealer or exhibitor shall be marked or identi- fied at such time and in such humane manner as the Secretary may prescribe: Provided, That only live dogs and cats need be so marked or identified by a research facility. (Pub. L. 89–544, § 11, Aug. 24, 1966, 80 Stat. 351; Pub. L. 91–579, § 12, Dec. 24, 1970, 84 Stat. 1562; Pub. L. 94–279, § 5, Apr. 22, 1976, 90 Stat. 418.) Editorial Notes AMENDMENTS 1976—Pub. L. 94–279 substituted ‘‘in commerce’’ for ‘‘affecting commerce’’. 1970—Pub. L. 91–579 applied marking and identifica- tion requirements to dealers and exhibitors for ani- mals, as defined, instead of only to dogs and cats when movements are affecting commerce, but limited such requirements for research facilities to only live dogs and cats. Statutory Notes and Related Subsidiaries 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. § 2142. Humane standards and recordkeeping re- quirements at auction sales The Secretary is authorized to promulgate hu- mane standards and recordkeeping requirements governing the purchase, handling, or sale of ani- mals, in commerce, by dealers, research facili- ties, and exhibitors at auction sales and by the operators of such auction sales. The Secretary is also authorized to require the licensing of opera- tors 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. (Pub. L. 89–544, § 12, Aug. 24, 1966, 80 Stat. 351; Pub. L. 91–579, § 13, Dec. 24, 1970, 84 Stat. 1562; Pub. L. 94–279, § 5, Apr. 22, 1976, 90 Stat. 418.) Editorial Notes AMENDMENTS 1976—Pub. L. 94–279 substituted ‘‘in commerce’’ for ‘‘affecting commerce’’ in two places. 1970—Pub. L. 91–579 extended requirements for record- keeping and humane standards to exhibitors and opera- tors of auction sales, with such requirements to apply to animals as defined instead of only to cats and dogs when transactions in auction sales are affecting com- merce, and required operators of auction sales to ob- tain a license when he sells cats or dogs and such trans- actions are affecting commerce, upon payment of fee prescribed by the Secretary. Statutory Notes and Related Subsidiaries 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. § 2143. Standards and certification process for humane handling, care, treatment, and trans- portation of animals (a) Promulgation of standards, rules, regulations, and orders; requirements; research facilities; State authority (1) The Secretary shall promulgate standards to govern the humane handling, care, treat- ment, and transportation of animals by dealers, research facilities, and exhibitors. (2) The standards described in paragraph (1) shall include minimum requirements— (A) for handling, housing, feeding, watering, sanitation, ventilation, shelter from extremes of weather and temperatures, adequate veteri- nary care, and separation by species where the Secretary finds necessary for humane han- dling, care, or treatment of animals; and (B) for exercise of dogs, as determined by an attending veterinarian in accordance with general standards promulgated by the Sec- retary, and for a physical environment ade- quate to promote the psychological well-being of primates. (3) In addition to the requirements under para- graph (2), the standards described in paragraph (1) shall, with respect to animals in research fa- cilities, include requirements— (A) for animal care, treatment, and practices in experimental procedures to ensure that ani- mal pain and distress are minimized, including adequate veterinary care with the appropriate use of anesthetic, analgesic, tranquilizing drugs, or euthanasia; (B) that the principal investigator considers alternatives to any procedure likely to produce pain to or distress in an experimental animal; (C) in any practice which could cause pain to animals— (i) that a doctor of veterinary medicine is consulted in the planning of such proce- dures; (ii) for the use of tranquilizers, analgesics, and anesthetics; (iii) for pre-surgical and post-surgical care by laboratory workers, in accordance with established veterinary medical and nursing procedures; (iv) against the use of paralytics without anesthesia; and (v) that the withholding of tranquilizers, anesthesia, analgesia, or euthanasia when scientifically necessary shall continue for only the necessary period of time; (D) that no animal is used in more than one major operative experiment from which it is allowed to recover except in cases of— (i) scientific necessity; or (ii) other special circumstances as deter- mined by the Secretary; and (E) that exceptions to such standards may be made only when specified by research protocol