7 U.S.C. § 2142 — Humane standards and recordkeeping 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