7 U.S.C. § 2137 — Purchase of dogs or cats by research fa-

Page 1410 TITLE 7—AGRICULTURE § 2134 demonstrated that his facilities comply with the standards promulgated by the Secretary pursu- ant to section 2143 of this title: Provided, how- ever, That a dealer or exhibitor shall not be re- quired to obtain a license as a dealer or exhibi- tor under this chapter if the size of the business is determined by the Secretary to be de mini- mis. The Secretary is further authorized to li- cense, as dealers or exhibitors, persons who do not qualify as dealers or exhibitors within the meaning of this chapter upon such persons’ com- plying with the requirements specified above and agreeing, in writing, to comply with all the requirements of this chapter and the regulations promulgated by the Secretary hereunder. (Pub. L. 89–544, § 3, Aug. 24, 1966, 80 Stat. 351; Pub. L. 91–579, § 4, Dec. 24, 1970, 84 Stat. 1561; Pub. L. 113–79, title XII, § 12308(a)(2), Feb. 7, 2014, 128 Stat. 990.) Editorial Notes AMENDMENTS 2014—Pub. L. 113–79 substituted ‘‘: Provided, however, That a dealer or exhibitor shall not be required to ob- tain a license as a dealer or exhibitor under this chap- ter if the size of the business is determined by the Sec- retary to be de minimis.’’ for ‘‘: Provided, however, That any retail pet store or other person who derives less than a substantial portion of his income (as determined by the Secretary) from the breeding and raising of dogs or cats on his own premises and sells any such dog or cat to a dealer or research facility shall not be required to obtain a license as a dealer or exhibitor under this chapter.’’ 1970—Pub. L. 91–579 inserted references to exhibitors and retail pet stores. 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. § 2134. Valid license for dealers and exhibitors required No dealer or exhibitor shall sell or offer to sell or transport or offer for transportation, in com- merce, to any research facility or for exhibition or for use as a pet any animal, or buy, sell, offer to buy or sell, transport or offer for transpor- tation, in commerce, to or from another dealer or exhibitor under this chapter any animals, un- less and until such dealer or exhibitor shall have obtained a license from the Secretary and such license shall not have been suspended or re- voked. (Pub. L. 89–544, § 4, Aug. 24, 1966, 80 Stat. 351; Pub. L. 91–579, § 5, Dec. 24, 1970, 84 Stat. 1561; 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 inserted references to exhibitors, offers to sell, and offers to transport, and substituted references to animals for references to 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. § 2135. Time period for disposal of dogs or cats by dealers or exhibitors No dealer or exhibitor shall sell or otherwise dispose of any dog or cat within a period of five business days after the acquisition of such ani- mal or within such other period as may be speci- fied by the Secretary: Provided, That operators of auction sales subject to section 2142 of this title shall not be required to comply with the provisions of this section. (Pub. L. 89–544, § 5, Aug. 24, 1966, 80 Stat. 351; Pub. L. 91–579, § 6, Dec. 24, 1970, 84 Stat. 1561.) Editorial Notes AMENDMENTS 1970—Pub. L. 91–579 inserted references to exhibitors and inserted proviso that operators of auction sales subject to section 2142 of this title shall not be required to comply with the provisions of this section. 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. § 2136. Registration of research facilities, han- dlers, carriers and unlicensed exhibitors Every research facility, every intermediate handler, every carrier, and every exhibitor not licensed under section 2133 of this title shall reg- ister with the Secretary in accordance with such rules and regulations as he may prescribe. (Pub. L. 89–544, § 6, Aug. 24, 1966, 80 Stat. 351; Pub. L. 91–579, § 7, Dec. 24, 1970, 84 Stat. 1561; Pub. L. 94–279, § 6, Apr. 22, 1976, 90 Stat. 418.) Editorial Notes AMENDMENTS 1976—Pub. L. 94–279 inserted ‘‘, every intermediate handler, every carrier,’’ after ‘‘research facility’’. 1970—Pub. L. 91–579 inserted reference to exhibitors not licensed under section 2133 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. § 2137. Purchase of dogs or cats by research fa- cilities prohibited except from authorized operators of auction sales and licensed deal- ers or exhibitors It shall be unlawful for any research facility to purchase any dog or cat from any person ex- cept an operator 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 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-