§ 2146. Administration and enforcement by Secretary

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1966

   Pub. L. 89–544 § 16 · 80 Stat. 350

   Enacted · 7 U.S.C. § 2146

   Pub. L. 89–544, § 16, Aug. 24, 1966, 80 Stat. 352

   Source evidence

   Code source credit
   Pub. L. 89–544, § 16, Aug. 24, 1966, 80 Stat. 352

   Enacted provision · exact public law section
   Sec. 16. The Secretary shall make such investigations or inspections as he deems necessary to determine whether any dealer or research facility has violated or is violating any provision of this Act or any regulation issued thereunder. The Secretary shall promulgate such rides and regulations as he deems necessary to permit inspectors to confiscate or destroy in a humane manner any animals found to be suffering as a result of a failure to comply with any provision of this Act or any regulation issued thereunder if (1) such animals are held by a dealer, or (2) such animals are held by a research facility and are no longer required by such research facility to carry out the research, test, or experiment for which such animals have been utilized.

2. 1970

   Animal Welfare Act of 1970

   Pub. L. 91–579 § 17 · 84 Stat. 1560

   1. Amended · 7 U.S.C. § 2146

      Pub. L. 91–579 designated existing provisions as subsec. (a), expanded coverage to include exhibitors and operators of auction sales for purposes of investigation

   2. Inserted · 7 U.S.C. § 2146

      Pub. L. 91–579 inserted provisions requiring that records, facilities, and animals be accessible to inspectors at all reasonable times at premises of dealers, research facilities, exhibitors, and operators of auction sales

   3. Added · 7 U.S.C. § 2146

      Pub. L. 91–579 added subsecs. (b) and (c)

   Source evidence

   Code amendment note
   Pub. L. 91–579 designated existing provisions as subsec. (a), expanded coverage to include exhibitors and operators of auction sales for purposes of investigation, inserted provisions requiring that records, facilities, and animals be accessible to inspectors at all reasonable times at premises of dealers, research facilities, exhibitors, and operators of auction sales, and added subsecs. (b) and (c).

   Enacted provision · exact public law section
   Sec. 17. Section 16 of such Act is amended to read as follows: Inspections. 7 USC 2146. “Sec. 16. (a) The Secretary shall make such investigations or inspections as he deems necessary to determine whether any dealer, exhibitor, research facility, or operator of an auction sale subject to section 12 of this Act, has violated or is violating any provision of this Act or any regulation or standard issued thereunder, and for such purposes, the Secretary shall, at all reasonable times, have access to the places of business and the facilities, animals, and those records required to be kept pursuant to section 10 of any such dealer, exhibitor, research facility, or operator of an auction sale. The Secretary shall Regulations. promulgate such rules and regulations as he deems necessary to permit inspectors to confiscate or destroy in a humane manner any animal found to be suffering as a result oi a failure to comply with any provision of this Act or any regulation or standard issued thereunder if (1) such animal is held by a dealer, (2) such animal is held by an exhibitor, (3) such animal is held by a research facility and is no longer required by such research facility to carry out the research, test, or experiment for which such animal has been utilized, or (4) such animal is held by an operator of an auction sale. Penalties. “(b) Any person who forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person while engaged in or on account of the performance of his official duties under this Act shall be fined not more than $5,000, or imprisoned not more than three years, or both. Whoever, in the commission of such acts, uses a deadly or dangerous weapon shall be fined not more than $10,000, or imprisoned not more than ten years, or both. Whoever kills any person while engaged in or on account of the performance of his official duties under this Act shall be punished as provided under sections 1111 and 1114 of title 18, United States Code. 62 Stat. 756. 65 Stat. 721; 76 Stat. 132. “(c) For the efficient administration and enforcement of this Act, the provisions (including penalties) of sections 6, 8, 9, and 10 of the Act entitled “An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes,” approved September 26, 1914 (38 Stat. 721–723, as amended; 15 U.S.C. 46, 48, 49, and 50)(except paragraph (c) through (h) of section 6 and the last Ante, p. 929. Ante, p. 926. paragraph of section 9), and the provisions of Title II of the “Organized Crime Control Act of 1970” (62 Stat. 856; 18 U.S.C. 6001 et seq.), are made applicable to the jurisdiction, powers, and duties of the Secretary in administering and enforcing the provisions of this Act and to any person, firm, or corporation with respect to whom such authority is exercised. The Secretary may prosecute any inquiry necessary to his duties under this Act in any part of the United States, including any territory, or possession thereof, the District of Columbia, or the Commonwealth of Puerto Rico. The powers conferred by said sections 9 and 10 of the Act of September 26, 1914, as amended, on the district courts of the. United States may be exercised for the purposes Jurisdiction. of this Act by any district court of the United States. The United States district, courts, the District Court of Guam, the District Court of the Virgin Islands, the highest court of American Samoa, and the United States courts of the other territories, are vested with jurisdiction specifically to enforce, and to prevent and restrain violations of this Act, and shall have jurisdiction in all other kinds of cases arising under this Act, except as provided in sections 19(b) and 20(b) of this Act.”

3. 1976

   Animal Welfare Act Amendments of 1976

   Pub. L. 94–279 § 12(a) · 90 Stat. 417

   1. Inserted · 7 U.S.C. § 2146(a)

      Pub. L. 94–279, § 12(a), inserted “intermediate handler, carrier,” after “dealer, exhibitor,”

   2. Inserted · 7 U.S.C. § 2146(a)

      Pub. L. 94–279, § 12(a), inserted “or (5) such animal is held by an intermediate handler or a carrier” after “an auction sale”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 94–279, § 12(a), inserted “intermediate handler, carrier,” after “dealer, exhibitor,” and inserted “or (5) such animal is held by an intermediate handler or a carrier” after “an auction sale”.

   Enacted provision · exact public law section
   (a) Subsection (a) of section 16 of such Act is amended by inserting the term “intermediate handler, carrier,” in the first sentence after the term “exhibitor,” each time the latter term appears in the sentence; by inserting before the period in the second sentence, a comma and the term “or (5) such animal is held by an intermediate handler or a carrier”; and by deleting the term “or” before the term “(4)” in the second sentence.

4. 1976

   Animal Welfare Act Amendments of 1976

   Pub. L. 94–279 § 12(b) · 90 Stat. 417

   Substituted · 7 U.S.C. § 2146(c)

   Pub. L. 94–279, § 12(b), substituted “section 2149(c)” for “sections 2149(b) and 2150(b)” after “except as provided in”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 94–279, § 12(b), substituted “section 2149(c)” for “sections 2149(b) and 2150(b)” after “except as provided in”.

   Enacted provision · exact public law section
   (b) Subsection (c) of section 16 of such Act is amended by striking the words “sections 19(b) and 20(b)” in the last sentence and inserting in lieu thereof the words “section 19(c)”.

5. 1985

   Food Security Act of 1985

   Pub. L. 99–198 title XVII § 1753 · 99 Stat. 1354

   Inserted · 7 U.S.C. § 2146(a)

   Pub. L. 99–198 inserted provision directing Secretary to inspect each research facility at least once each year and, in case of deficiencies or deviations from standards promulgated under this chapter, conduct such follow-up inspections as may be necessary until all deficiencies or deviations from such standards are corrected

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 99–198 inserted provision directing Secretary to inspect each research facility at least once each year and, in case of deficiencies or deviations from standards promulgated under this chapter, conduct such follow-up inspections as may be necessary until all deficiencies or deviations from such standards are corrected.

   Enacted provision · exact public law section
   Sec. 1753. inspections Section 16(a) of the Animal Welfare Act (7 U.S.C. 2146(a)) is amended by inserting after the first sentence the following: “The Secretary shall inspect each research facility at least once each year and, in the case of deficiencies or deviations from the standards promulgated under this Act, shall conduct such follow-up inspections as may be necessary until all deficiencies or deviations from such standards are corrected.”.

   Effective date note
   Amendment by Pub. L. 99–198 effective one year after Dec. 23, 1985, see section 1759 of Pub. L. 99–198, set out as a note under section 2131 of this title.

6. 1990

   Food, Agriculture, Conservation, and Trade Act of 1990

   Pub. L. 101–624 title XXV § 2503(1) · 104 Stat. 3359

   Inserted · 7 U.S.C. § 2146(c)

   Pub. L. 101–624 inserted “and the regulations and standards promulgated under this chapter” after first reference to “this chapter”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 101–624 inserted “and the regulations and standards promulgated under this chapter” after first reference to “this chapter”.

   Enacted provision · exact public law section
   (1) in section 16(c), (7 U.S.C. 2146) by inserting after “Act” the first place it appears the following: “and the regulations and standards promulgated under this Act”; and

9 of 9 references resolved to an enrolled provision