7 U.S.C. § 2148 — Importation of live dogs

Page 1418 TITLE 7—AGRICULTURE § 2147 (2) all final Animal Welfare Act and Horse Protection Act enforcement records for the current year and the preceding three years; (3) all reports or other materials docu- menting any violations and non-compliances observed by USDA officials for the current year and the preceding three years; and (4) within six months of receipt by the agency, all final Animal Welfare Act re- search facility annual reports, including their attachments with appropriate redactions made for confidential business in- formation that USDA could withhold under FOIA Exemption 4. (Pub. L. 116–94, div. B, title VII, § 788, Dec. 20, 2019, 133 Stat. 2657; Pub. L. 117–103, div. A, title VII, § 765, Mar. 15, 2022, 136 Stat. 98.) Editorial Notes REFERENCES IN TEXT The Animal Welfare Act, referred to in subsec. (b)(1), (2), (4), is Pub. L. 89–544, Aug. 24, 1966, 80 Stat. 350, which is classified generally to this chapter. For com- plete classification of this Act to the Code, see Short Title note set out under section 2131 of this title and Tables. The Horse Protection Act, referred to in subsec. (b)(2), is Pub. L. 91–540, Dec. 9, 1970, 84 Stat. 1404, which is classified generally to chapter 44 (§ 1821 et seq.) of Title 15, Commerce and Trade. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 1821 of Title 15 and Tables. CODIFICATION Section was enacted as part of the Agriculture, Rural Development, Food and Drug Administration, and Re- lated Agencies Appropriations Act, 2020, and also as part of the Further Consolidated Appropriations Act, 2020, and not as part of the Animal Welfare Act which comprises this chapter. AMENDMENTS 2022—Subsec. (b). Pub. L. 117–103 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as fol- lows: ‘‘hereafter, make publicly available via search- able database, in their entirety without redactions ex- cept signatures, the following records after enactment of this Act for a subsequent period of three years: ‘‘(1) all final Animal Welfare Act inspection re- ports, including all reports documenting all Animal Welfare Act non-compliances observed by USDA offi- cials and all animal inventories; ‘‘(2) all final Animal Welfare Act and Horse Protec- tion Act enforcement records; ‘‘(3) all reports or other materials documenting any non-compliances observed by USDA officials; and ‘‘(4) within six months of receipt by the agency, all final Animal Welfare Act research facility annual re- ports, including their attachments with appropriate redactions made for confidential business informa- tion that USDA could withhold under FOIA Exemp- tion 4.’’ § 2147. Inspection by legally constituted law en- forcement agencies The Secretary shall promulgate rules and reg- ulations requiring dealers, exhibitors, research facilities, and operators of auction sales subject to section 2142 of this title to permit inspection of their animals and records at reasonable hours upon request by legally constituted law enforce- ment agencies in search of lost animals. (Pub. L. 89–544, § 17, Aug. 24, 1966, 80 Stat. 352; Pub. L. 91–579, § 18, Dec. 24, 1970, 84 Stat. 1564.) Editorial Notes AMENDMENTS 1970—Pub. L. 91–579 substituted ‘‘promulgate rules and regulations requiring dealers, exhibitors, research facilities, and operators of auction sales subject to sec- tion 2142 of this title’’ for ‘‘issue rules and regulations requiring licensed dealers and research facilities’’. Statutory Notes and Related Subsidiaries 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. § 2148. Importation of live dogs (a) Definitions In this section: (1) Importer The term ‘‘importer’’ means any person who, for purposes of resale, transports into the United States puppies from a foreign country. (2) Resale The term ‘‘resale’’ includes any transfer of ownership or control of an imported dog of less than 6 months of age to another person, for more than de minimis consideration. (b) Requirements (1) In general Except as provided in paragraph (2), no per- son shall import a dog into the United States for purposes of resale unless, as determined by the Secretary, the dog— (A) is in good health; (B) has received all necessary vaccina- tions; and (C) is at least 6 months of age, if imported for resale. (2) Exception (A) In general The Secretary, by regulation, shall provide an exception to any requirement under para- graph (1) in any case in which a dog is im- ported for— (i) research purposes; or (ii) veterinary treatment. (B) Lawful importation into Hawaii Paragraph (1)(C) shall not apply to the lawful importation of a dog into the State of Hawaii from the British Isles, Australia, Guam, or New Zealand in compliance with the applicable regulations of the State of Hawaii and the other requirements of this section, if the dog is not transported out of the State of Hawaii for purposes of resale at less than 6 months of age. (c) Implementation and regulations The Secretary, the Secretary of Health and Human Services, the Secretary of Commerce, and the Secretary of Homeland Security shall promulgate such regulations as the Secretaries determine to be necessary to implement and en- force this section. (d) Enforcement An importer that fails to comply with this section shall— Page 1419 TITLE 7—AGRICULTURE § 2149 (1) be subject to penalties under section 2149 of this title; and (2) provide for the care (including appro- priate veterinary care), forfeiture, and adop- tion of each applicable dog, at the expense of the importer. (Pub. L. 89–544, § 18, as added Pub. L. 110–234, title XIV, § 14210(a), May 22, 2008, 122 Stat. 1464, and Pub. L. 110–246, § 4(a), title XIV, § 14210(a), June 18, 2008, 122 Stat. 1664, 2226.) Editorial Notes CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. PRIOR PROVISIONS A prior section 2148, Pub. L. 89–544, § 18, Aug. 24, 1966, 80 Stat. 352, prohibited any construction of this chapter which would authorize the Secretary to promulgate rules, regulations, or orders for the handling, care, treatment, or inspection of animals during research or experimentation, prior to repeal by Pub. L. 91–579, §§ 19, 23, Dec. 24, 1970, 84 Stat. 1564, 1565, effective one year after Dec. 24, 1970. See section 2143 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Enactment 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, except as other- wise provided, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of this title. Pub. L. 110–234, title XIV, § 14210(b), May 22, 2008, 122 Stat. 1464, and Pub. L. 110–246, § 4(a), title XIV, § 14210(b), June 18, 2008, 122 Stat. 1664, 2226, provided that: ‘‘The amendment made by subsection (a) [enact- ing this section] takes effect on the date of the enact- ment of this Act [June 18, 2008].’’ [Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of this title.] § 2149. Violations by licensees (a) Temporary license suspension; notice and hearing; revocation If the Secretary has reason to believe that any person licensed as a dealer, exhibitor, or oper- ator of an auction sale subject to section 2142 of this title, has violated or is violating any provi- sion of this chapter, or any of the rules or regu- lations or standards promulgated by the Sec- retary hereunder, he may suspend such person’s license temporarily, but not to exceed 21 days, and after notice and opportunity for hearing, may suspend for such additional period as he may specify, or revoke such license, if such vio- lation is determined to have occurred. (b) Civil penalties for violation of any section, etc.; separate offenses; notice and hearing; appeal; considerations in assessing penalty; compromise of penalty; civil action by Attor- ney General for failure to pay penalty; dis- trict court jurisdiction; failure to obey cease and desist order Any dealer, exhibitor, research facility, inter- mediate handler, carrier, or operator of an auc- tion sale subject to section 2142 of this title, that violates any provision of this chapter, or any rule, regulation, or standard promulgated by the Secretary thereunder, may be assessed a civil penalty by the Secretary of not more than $10,000 for each such violation, and the Sec- retary may also make an order that such person shall cease and desist from continuing such vio- lation. Each violation and each day during which a violation continues shall be a separate offense. No penalty shall be assessed or cease and desist order issued unless such person is given notice and opportunity for a hearing with respect to the alleged violation, and the order of the Secretary assessing a penalty and making a cease and desist order shall be final and conclu- sive unless the affected person files an appeal from the Secretary’s order with the appropriate United States Court of Appeals. The Secretary shall give due consideration to the appropriate- ness of the penalty with respect to the size of the business of the person involved, the gravity of the violation, the person’s good faith, and the history of previous violations. Any such civil penalty may be compromised by the Secretary. Upon any failure to pay the penalty assessed by a final order under this section, the Secretary shall request the Attorney General to institute a civil action in a district court of the United States or other United States court for any dis- trict in which such person is found or resides or transacts business, to collect the penalty, and such court shall have jurisdiction to hear and decide any such action. Any person who know- ingly fails to obey a cease and desist order made by the Secretary under this section shall be sub- ject to a civil penalty of $1,500 for each offense, and each day during which such failure con- tinues shall be deemed a separate offense. (c) Appeal of final order by aggrieved person; limitations; exclusive jurisdiction of United States Courts of Appeals Any dealer, exhibitor, research facility, inter- mediate handler, carrier, or operator of an auc- tion sale subject to section 2142 of this title, ag- grieved by a final order of the Secretary issued pursuant to this section may, within 60 days after entry of such an order, seek review of such order in the appropriate United States Court of Appeals in accordance with the provisions of sections 2341, 2343 through 2350 of title 28, and such court shall have exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of the Secretary’s order. (d) Criminal penalties for violation; initial pros- ecution brought before United States mag- istrate judges; conduct of prosecution by at- torneys of United States Department of Agri- culture Any dealer, exhibitor, or operator of an auc- tion sale subject to section 2142 of this title, who knowingly violates any provision of this chapter shall, on conviction thereof, be subject to im- prisonment for not more than 1 year, or a fine of not more than $2,500, or both. Prosecution of such violations shall, to the maximum extent practicable, be brought initially before United States magistrate judges as provided in section 636 of title 28, and sections 3401 and 3402 of title 18, and, with the consent of the Attorney Gen-