7 U.S.C. § 2159 — Authority to apply for injunctions

Page 1425 TITLE 7—AGRICULTURE § 2160 (c) Enforcement (1) In general Dealers who fail to act according to the re- quirements of this section or who include false information in the certification required under subsection (b), shall be subject to the penalties provided for under section 2149 of this title. (2) Subsequent violations Any dealer who violates this section more than one time shall be subject to a fine of $5,000 per dog or cat acquired or sold in viola- tion of this section. (3) Permanent revocations Any dealer who violates this section three or more times shall have such dealers license per- manently revoked. (d) Regulation Not later than 180 days after November 28, 1990, the Secretary shall promulgate regulations to carry out this section. (Pub. L. 89–544, § 28, as added Pub. L. 101–624, title XXV, § 2503(2), Nov. 28, 1990, 104 Stat. 4066; amended Pub. L. 102–237, title X, § 1004, Dec. 13, 1991, 105 Stat. 1894.) Editorial Notes AMENDMENTS 1991—Subsec. (b)(2)(F). Pub. L. 102–237 substituted ‘‘subsection (a)’’ for ‘‘subsection (b)’’. § 2159. Authority to apply for injunctions (a) Request Whenever the Secretary has reason to believe that any dealer, carrier, exhibitor, or inter- mediate handler is dealing in stolen animals, or is placing the health of any animal in serious danger in violation of this chapter or the regula- tions or standards promulgated thereunder, the Secretary shall notify the Attorney General, who may apply to the United States district court in which such dealer, carrier, exhibitor, or intermediate handler resides or conducts busi- ness for a temporary restraining order or injunc- tion to prevent any such person from operating in violation of this chapter or the regulations and standards prescribed under this chapter. (b) Issuance The court shall, upon a proper showing, issue a temporary restraining order or injunction under subsection (a) without bond. Such injunc- tion or order shall remain in effect until a com- plaint pursuant to section 2149 of this title is issued and dismissed by the Secretary or until an order to cease and desist made thereon by the Secretary has become final and effective or is set aside on appellate review. Attorneys of the Department of Agriculture may, with the ap- proval of the Attorney General, appear in the United States district court representing the Secretary in any action brought under this sec- tion. (Pub. L. 89–544, § 29, as added Pub. L. 101–624, title XXV, § 2503(2), Nov. 28, 1990, 104 Stat. 4067.) § 2160. Prohibition on slaughter of dogs and cats for human consumption (a) In general Except as provided in subsection (c), no person may— (1) knowingly slaughter a dog or cat for human consumption; or (2) knowingly ship, transport, move, deliver, receive, possess, purchase, sell, or donate— (A) a dog or cat to be slaughtered for human consumption; or (B) a dog or cat part for human consump- tion. (b) Scope Subsection (a) shall apply only with respect to conduct— (1) in or affecting interstate commerce or foreign commerce; or (2) within the special maritime and terri- torial jurisdiction of the United States. (c) Exception for Indian tribes The prohibition in subsection (a) shall not apply to an Indian (as defined in section 5304 of title 25) carrying out any activity described in subsection (a) for the purpose of a religious cere- mony. (d) Penalty Any person who violates subsection (a) shall be subject to a fine in an amount not greater than $5,000 for each violation. (e) Effect on State law Nothing in this section— (1) limits any State or local law or regula- tion protecting the welfare of animals; or (2) prevents a State or unit of local govern- ment from adopting and enforcing an animal welfare law or regulation that is more strin- gent than this section. (Pub. L. 115–334, title XII, § 12515, Dec. 20, 2018, 132 Stat. 5000.) Editorial Notes CODIFICATION Section was enacted as part of the Agriculture Im- provement Act of 2018, and not as part of the Animal Welfare Act which comprises this chapter. CHAPTER 55—DEPARTMENT OF AGRICULTURE Sec. 2201. Establishment of Department. 2202. Executive Department; Secretary. 2203. Seal. 2204. General duties of Secretary; advisory func- tions; research and development. 2204–1. Delegation of regulatory functions of Sec- retary of Agriculture; definitions. 2204–2. Delegation of regulatory functions to des- ignated employees; status of employees; number; revocation of delegation. 2204–3. Authority of designated employees; retro- active revocation of delegation. 2204–4. Delegation of functions under other laws as unaffected. 2204–5. Authorization of appropriations for coopera- tive research projects. 2204a. Rural development; utilization of non-Federal offices; location of field units; interchange of personnel and facilities.