7 U.S.C. § 2158 — Protection of pets

Page 1424 TITLE 7—AGRICULTURE § 2158 of the research facility. (b) Wrongful use of confidential information pro- hibited It shall be unlawful for any member of such Committee— (1) to use or attempt to use to his advan- tages; or (2) to reveal to any other person, any information which is entitled to protection as confidential information under subsection (a). (c) Penalties A violation of subsection (a) or (b) is punish- able by— (1) removal from such Committee; and (2)(A) a fine of not more than $1,000 and im- prisonment of not more than one year; or (B) if such violation is willful, a fine of not more than $10,000 and imprisonment of not more than three years. (d) Recovery of damages by injured person; costs; attorney’s fee Any person, including any research facility, injured in its business or property by reason of a violation of this section may recover all ac- tual and consequential damages sustained by such person and the cost of the suit including a reasonable attorney’s fee. (e) Other rights and remedies Nothing in this section shall be construed to affect any other rights of a person injured in its business or property by reason of a violation of this section. Subsection (d) shall not be con- strued to limit the exercise of any such rights arising out of or relating to a violation of sub- sections (a) and (b). (Pub. L. 89–544, § 27, as added Pub. L. 99–198, title XVII, § 1754, Dec. 23, 1985, 99 Stat. 1649.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective one year after Dec. 23, 1985, see sec- tion 1759 of Pub. L. 99–198, set out as an Effective Date of 1985 Amendment note under section 2131 of this title. § 2158. Protection of pets (a) Holding period (1) Requirement In the case of each dog or cat acquired by an entity described in paragraph (2), such entity shall hold and care for such dog or cat for a pe- riod of not less than five days to enable such dog or cat to be recovered by its original owner or adopted by other individuals before such entity sells such dog or cat to a dealer. (2) Entities described An entity subject to paragraph (1) is— (A) each State, county, or city owned and operated pound or shelter; (B) each private entity established for the purpose of caring for animals, such as a hu- mane society, or other organization that is under contract with a State, county, or city that operates as a pound or shelter and that releases animals on a voluntary basis; and (C) each research facility licensed by the Department of Agriculture. (b) Certification (1) In general A dealer may not sell, provide, or make available to any individual or entity a random source dog or cat unless such dealer provides the recipient with a valid certification that meets the requirements of paragraph (2) and indicates compliance with subsection (a). (2) Requirements A valid certification shall contain— (A) the name, address, and Department of Agriculture license or registration number (if such number exists) of the dealer; (B) the name, address, Department of Agri- culture license or registration number (if such number exists), and the signature of the recipient of the dog or cat; (C) a description of the dog or cat being provided that shall include— (i) the species and breed or type of such; (ii) the sex of such; (iii) the date of birth (if known) of such; (iv) the color and any distinctive mark- ing of such; and (v) any other information that the Sec- retary by regulation shall determine to be appropriate; (D) the name and address of the person, pound, or shelter from which the dog or cat was purchased or otherwise acquired by the dealer, and an assurance that such person, pound, or shelter was notified that such dog or cat may be used for research or edu- cational purposes; (E) the date of the purchase or acquisition referred to in subparagraph (D); (F) a statement by the pound or shelter (if the dealer acquired the dog or cat from such) that it satisfied the requirements of sub- section (a); and (G) any other information that the Sec- retary of Agriculture by regulation shall de- termine appropriate. (3) Records The original certification required under paragraph (1) shall accompany the shipment of a dog or cat to be sold, provided, or otherwise made available by the dealer, and shall be kept and maintained by the research facility for a period of at least one year for enforce- ment purposes. The dealer shall retain one copy of the certification provided under this paragraph for a period of at least one year for enforcement purposes. (4) Transfers In instances where one research facility transfers animals to another research facility a copy of the certificate must accompany such transfer. (5) Modification Certification requirements may be modified to reflect technological advances in identifica- tion techniques, such as microchip tech- nology, if the Secretary determines that ade- quate information such as described in this section, will be collected, transferred, and maintained through such technology. 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.