§ 2149. Violations by licensees

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 § 19 · 80 Stat. 350

   Enacted · 7 U.S.C. § 2149

   Pub. L. 89–544, § 19, Aug. 24, 1966, 80 Stat. 352

   Source evidence

   Code source credit
   Pub. L. 89–544, § 19, Aug. 24, 1966, 80 Stat. 352

   Enacted provision · exact public law section
   Sec. 19. (a) If the Secretary has reason to believe that any person licensed as a dealer has violated or is violating any provision of this Act or any of the rules or regulations promulgated by the Secretary hereunder, the Secretary may suspend such person’s license temporary, but not to exceed twenty-one days, and, after notice and opportunity for hearing, may suspend for such additional period as he may specify or revoke such license, if such violation is determined to have occurred and may make an order that such person shall cease and desist from continuing such violation. (b) Any dealer aggrieved by a final order of the Secretary Judicial review. issued pursuant to subsection (a) of this section may, within sixty days after entry of such an order, seek review of such order in the manner provided in section 10 of the. Administrative Procedure Act (5 U.S.C. 60 Stat. 243. 1009). (c) Any dealer who violates any provision of this Act shall, on Penalty. conviction thereof, be subject to imprisonment for not more than one year or a fine of not more than $1,000, or both.

2. 1970

   Animal Welfare Act of 1970

   Pub. L. 91–579 § 20 · 84 Stat. 1560

   1. Added · 7 U.S.C. § 2149

      Pub. L. 91–579 added exhibitors and operators of auction sales to the enumeration of covered persons

   2. Added · 7 U.S.C. § 2149

      Pub. L. 91–579 added civil penalties for failure to obey a cease and desist order of the Secretary, and changed the procedure for judicial review

   Source evidence

   Code amendment note
   Pub. L. 91–579 added exhibitors and operators of auction sales to the enumeration of covered persons, added civil penalties for failure to obey a cease and desist order of the Secretary, and changed the procedure for judicial review.

   Enacted provision · exact public law section
   Sec. 20. Section 19 of such Act. is amended to read as follows: “Sec. 19. (a) If the Secretary has reason to believe that any dealer, exhibitor, or operator of an auction sale subject to section 12 of this Act, has violated or is violating any provisions of this Act, or any of the rules or regulations or standards promulgated by the Secretary hereunder, lie may make an order that such person shall cease and desist from continuing such violation, and if such person is licensed under this Act, the Secretary may also suspend such person’s license temporarily, but not to exceed twenty-one days, and after notice and opportunity for hearing, may suspend for such additional period as he may specify, or revoke such license, if such violation is determined to have occurred. Any dealer, exhibitor, or operator of an auction sale subject to section 12 of this Act, who knowingly fails to obey a cease and desist order made by the Secretary under this section, shall be subject to a civil penalty of $500 for each offense, and each day during which such failure continues, shall be deemed a separate offense. “(b) Any dealer, exhibitor, or operator of an auction sale aggrieved by a final order of the Secretary issued pursuant to subsection (a) of this section may, within sixty days after entry of such an order, seek review of such order in the United States court of appeals for the circuit in which such person has his principal place of business, or in the United States Court of Appeals for the District of Columbia Circuit, in accordance with the provisions of sections 701–706 of title 80 Stat. 392. 5, United States Code. Judicial review of any such order shall be upon the record upon which the final determination and order of the Secretary were based. “(c) Any dealer, exhibitor, or operator of an auction sale subject to section 12 of this Act, who violates any provision of this Act shall, on conviction thereof, be subject to imprisonment for not more than one year, or a fine of not more, than $1,000, or both.”

3. 1976

   Animal Welfare Act Amendments of 1976

   Pub. L. 94–279 § 13 · 90 Stat. 417

   Substituted · 7 U.S.C. § 2149(a)

   Pub. L. 94–279 substituted provisions covering violations by licensees, temporary license suspension, notice and hearing, and license revocation for provisions relating to violations by dealers, exhibitors, operators of auction sales, cease and desist orders, license suspension, and civil penalties

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 94–279 substituted provisions covering violations by licensees, temporary license suspension, notice and hearing, and license revocation for provisions relating to violations by dealers, exhibitors, operators of auction sales, cease and desist orders, license suspension, and civil penalties.

   Enacted provision · exact public law section
   Sec. 13. Section 19 of such Act is amended to read as follows: “(a) If the Secretary has reason to believe that any person licensed as a dealer, exhibitor, 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 of the rules or regulations or standards promulgated by the Secretary hereunder, he may suspend such person’s license temporarily, Notice and hearing. but not to exceed 21 days, and after notice and opportunity for hearing, may suspend for such additional period as he may specify, or revoke such license, if such violation is determined to have occurred. “(b) Any dealer, exhibitor, research facility, intermediate handler, carrier, or operator of an auction sale subject to section 12 of this Act, that violates any provision of this Act, or any rule, regulation, or standard promulgated by the Secretary thereunder, may be assessed a civil penalty by the Secretary of not more than $1,000 for each such violation, and the Secretary may also make an order that such person shall cease and desist, from continuing such violation. Each violation and each day during which a violation continues shall lie a separate Notice and hearing. offense. No penalty shall be assessed or cease and desist order issued unless such person is given notice and opportunity for a hearing with respect to the alleged violation, and the order of the Secretary assessing a penalty and making a cease and desist order shall be final and conclusive unless the affected person files an appeal from the Secretary’s order with the appropriate United States Court of Appeals. The Secretary shall give due consideration to the appropriateness of the penalty with respect to the size of the business of the person involved, the, gravity of the violation, the person’s good faith, and the history of previous violations. Any such civil penalty may be compromised by Civil action. the Secretary. Upon any failure to pay the penalty assessed by a final order under this section, the Secretary shall request the Attorney General to institute a civil action in a district court of the United States or other United States court for any district in which such person is found or resides or transacts business, to collect the penalty, and such court shall have jurisdiction to hear and decide any such Penalty. action. Any person who knowingly fails to obey a cease and desist order made by the Secretary under this section shall be subject to a civil penalty of $500 for each offense, and each day during which such failure, continues shall be deemed a separate offense. “(c) Any dealer, exhibitor, research facility, intermediate handler, Review. 7 USC 2142. earner, or operator of an auction sale subject to section 12 of this Act, aggrieved by a final order of the Secretary issued pursuant to this section may, within 60 days after entry of such an order, seek review of such order in the appropriate United States Court of Appeals in accordance with the provisions of section 2341, 2343 through 2350 of title 28, United States Code, and such court shall have exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of the. Secretary’s order. “(d) Any dealer, exhibitor, or operator of an auction sale subject Penalties. to section 12 of this Act who knowingly violates any provision of this Act shall, on conviction thereof, be subject to imprisonment for not more than 1 year, or a fine of not more than $1,000, or both. Prosecution of such violations shall, to the maximum extent practicable, be brought initially before United States magistrates as provided in section 636 of title 28, United States Code, and sections 3401 and 3402 of title 18, United States Code, and, with the consent of the Attorney General, may be conducted, at both trial and upon appeal to district court, by attorneys of the. United States Department of Agriculture.”.

4. 1976

   Animal Welfare Act Amendments of 1976

   Pub. L. 94–279 § 13 · 90 Stat. 417

   Substituted · 7 U.S.C. § 2149(b)

   Pub. L. 94–279 substituted provisions covering civil penalties, notice and hearing, appeal, considerations in assessing penalties, compromising penalties, civil action by Attorney General for failure to pay penalty, district court jurisdiction, and failure to obey cease and desist orders for provisions relating to judicial review of final orders by the Secretary

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 94–279 substituted provisions covering civil penalties, notice and hearing, appeal, considerations in assessing penalties, compromising penalties, civil action by Attorney General for failure to pay penalty, district court jurisdiction, and failure to obey cease and desist orders for provisions relating to judicial review of final orders by the Secretary.

   Enacted provision · exact public law section
   Sec. 13. Section 19 of such Act is amended to read as follows: “(a) If the Secretary has reason to believe that any person licensed as a dealer, exhibitor, 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 of the rules or regulations or standards promulgated by the Secretary hereunder, he may suspend such person’s license temporarily, Notice and hearing. but not to exceed 21 days, and after notice and opportunity for hearing, may suspend for such additional period as he may specify, or revoke such license, if such violation is determined to have occurred. “(b) Any dealer, exhibitor, research facility, intermediate handler, carrier, or operator of an auction sale subject to section 12 of this Act, that violates any provision of this Act, or any rule, regulation, or standard promulgated by the Secretary thereunder, may be assessed a civil penalty by the Secretary of not more than $1,000 for each such violation, and the Secretary may also make an order that such person shall cease and desist, from continuing such violation. Each violation and each day during which a violation continues shall lie a separate Notice and hearing. offense. No penalty shall be assessed or cease and desist order issued unless such person is given notice and opportunity for a hearing with respect to the alleged violation, and the order of the Secretary assessing a penalty and making a cease and desist order shall be final and conclusive unless the affected person files an appeal from the Secretary’s order with the appropriate United States Court of Appeals. The Secretary shall give due consideration to the appropriateness of the penalty with respect to the size of the business of the person involved, the, gravity of the violation, the person’s good faith, and the history of previous violations. Any such civil penalty may be compromised by Civil action. the Secretary. Upon any failure to pay the penalty assessed by a final order under this section, the Secretary shall request the Attorney General to institute a civil action in a district court of the United States or other United States court for any district in which such person is found or resides or transacts business, to collect the penalty, and such court shall have jurisdiction to hear and decide any such Penalty. action. Any person who knowingly fails to obey a cease and desist order made by the Secretary under this section shall be subject to a civil penalty of $500 for each offense, and each day during which such failure, continues shall be deemed a separate offense. “(c) Any dealer, exhibitor, research facility, intermediate handler, Review. 7 USC 2142. earner, or operator of an auction sale subject to section 12 of this Act, aggrieved by a final order of the Secretary issued pursuant to this section may, within 60 days after entry of such an order, seek review of such order in the appropriate United States Court of Appeals in accordance with the provisions of section 2341, 2343 through 2350 of title 28, United States Code, and such court shall have exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of the. Secretary’s order. “(d) Any dealer, exhibitor, or operator of an auction sale subject Penalties. to section 12 of this Act who knowingly violates any provision of this Act shall, on conviction thereof, be subject to imprisonment for not more than 1 year, or a fine of not more than $1,000, or both. Prosecution of such violations shall, to the maximum extent practicable, be brought initially before United States magistrates as provided in section 636 of title 28, United States Code, and sections 3401 and 3402 of title 18, United States Code, and, with the consent of the Attorney General, may be conducted, at both trial and upon appeal to district court, by attorneys of the. United States Department of Agriculture.”.

5. 1976

   Animal Welfare Act Amendments of 1976

   Pub. L. 94–279 § 13 · 90 Stat. 417

   Substituted · 7 U.S.C. § 2149(c)

   Pub. L. 94–279 substituted provisions covering appeal of final orders by aggrieved persons, limitations, and exclusive jurisdiction of the United States Courts of Appeals for provisions relating to criminal penalties

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 94–279 substituted provisions covering appeal of final orders by aggrieved persons, limitations, and exclusive jurisdiction of the United States Courts of Appeals for provisions relating to criminal penalties.

   Enacted provision · exact public law section
   Sec. 13. Section 19 of such Act is amended to read as follows: “(a) If the Secretary has reason to believe that any person licensed as a dealer, exhibitor, 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 of the rules or regulations or standards promulgated by the Secretary hereunder, he may suspend such person’s license temporarily, Notice and hearing. but not to exceed 21 days, and after notice and opportunity for hearing, may suspend for such additional period as he may specify, or revoke such license, if such violation is determined to have occurred. “(b) Any dealer, exhibitor, research facility, intermediate handler, carrier, or operator of an auction sale subject to section 12 of this Act, that violates any provision of this Act, or any rule, regulation, or standard promulgated by the Secretary thereunder, may be assessed a civil penalty by the Secretary of not more than $1,000 for each such violation, and the Secretary may also make an order that such person shall cease and desist, from continuing such violation. Each violation and each day during which a violation continues shall lie a separate Notice and hearing. offense. No penalty shall be assessed or cease and desist order issued unless such person is given notice and opportunity for a hearing with respect to the alleged violation, and the order of the Secretary assessing a penalty and making a cease and desist order shall be final and conclusive unless the affected person files an appeal from the Secretary’s order with the appropriate United States Court of Appeals. The Secretary shall give due consideration to the appropriateness of the penalty with respect to the size of the business of the person involved, the, gravity of the violation, the person’s good faith, and the history of previous violations. Any such civil penalty may be compromised by Civil action. the Secretary. Upon any failure to pay the penalty assessed by a final order under this section, the Secretary shall request the Attorney General to institute a civil action in a district court of the United States or other United States court for any district in which such person is found or resides or transacts business, to collect the penalty, and such court shall have jurisdiction to hear and decide any such Penalty. action. Any person who knowingly fails to obey a cease and desist order made by the Secretary under this section shall be subject to a civil penalty of $500 for each offense, and each day during which such failure, continues shall be deemed a separate offense. “(c) Any dealer, exhibitor, research facility, intermediate handler, Review. 7 USC 2142. earner, or operator of an auction sale subject to section 12 of this Act, aggrieved by a final order of the Secretary issued pursuant to this section may, within 60 days after entry of such an order, seek review of such order in the appropriate United States Court of Appeals in accordance with the provisions of section 2341, 2343 through 2350 of title 28, United States Code, and such court shall have exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of the. Secretary’s order. “(d) Any dealer, exhibitor, or operator of an auction sale subject Penalties. to section 12 of this Act who knowingly violates any provision of this Act shall, on conviction thereof, be subject to imprisonment for not more than 1 year, or a fine of not more than $1,000, or both. Prosecution of such violations shall, to the maximum extent practicable, be brought initially before United States magistrates as provided in section 636 of title 28, United States Code, and sections 3401 and 3402 of title 18, United States Code, and, with the consent of the Attorney General, may be conducted, at both trial and upon appeal to district court, by attorneys of the. United States Department of Agriculture.”.

6. 1976

   Animal Welfare Act Amendments of 1976

   Pub. L. 94–279 § 13 · 90 Stat. 417

   Added · 7 U.S.C. § 2149(d)

   Pub. L. 94–279 added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 94–279 added subsec. (d).

   Enacted provision · exact public law section
   Sec. 13. Section 19 of such Act is amended to read as follows: “(a) If the Secretary has reason to believe that any person licensed as a dealer, exhibitor, 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 of the rules or regulations or standards promulgated by the Secretary hereunder, he may suspend such person’s license temporarily, Notice and hearing. but not to exceed 21 days, and after notice and opportunity for hearing, may suspend for such additional period as he may specify, or revoke such license, if such violation is determined to have occurred. “(b) Any dealer, exhibitor, research facility, intermediate handler, carrier, or operator of an auction sale subject to section 12 of this Act, that violates any provision of this Act, or any rule, regulation, or standard promulgated by the Secretary thereunder, may be assessed a civil penalty by the Secretary of not more than $1,000 for each such violation, and the Secretary may also make an order that such person shall cease and desist, from continuing such violation. Each violation and each day during which a violation continues shall lie a separate Notice and hearing. offense. No penalty shall be assessed or cease and desist order issued unless such person is given notice and opportunity for a hearing with respect to the alleged violation, and the order of the Secretary assessing a penalty and making a cease and desist order shall be final and conclusive unless the affected person files an appeal from the Secretary’s order with the appropriate United States Court of Appeals. The Secretary shall give due consideration to the appropriateness of the penalty with respect to the size of the business of the person involved, the, gravity of the violation, the person’s good faith, and the history of previous violations. Any such civil penalty may be compromised by Civil action. the Secretary. Upon any failure to pay the penalty assessed by a final order under this section, the Secretary shall request the Attorney General to institute a civil action in a district court of the United States or other United States court for any district in which such person is found or resides or transacts business, to collect the penalty, and such court shall have jurisdiction to hear and decide any such Penalty. action. Any person who knowingly fails to obey a cease and desist order made by the Secretary under this section shall be subject to a civil penalty of $500 for each offense, and each day during which such failure, continues shall be deemed a separate offense. “(c) Any dealer, exhibitor, research facility, intermediate handler, Review. 7 USC 2142. earner, or operator of an auction sale subject to section 12 of this Act, aggrieved by a final order of the Secretary issued pursuant to this section may, within 60 days after entry of such an order, seek review of such order in the appropriate United States Court of Appeals in accordance with the provisions of section 2341, 2343 through 2350 of title 28, United States Code, and such court shall have exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of the. Secretary’s order. “(d) Any dealer, exhibitor, or operator of an auction sale subject Penalties. to section 12 of this Act who knowingly violates any provision of this Act shall, on conviction thereof, be subject to imprisonment for not more than 1 year, or a fine of not more than $1,000, or both. Prosecution of such violations shall, to the maximum extent practicable, be brought initially before United States magistrates as provided in section 636 of title 28, United States Code, and sections 3401 and 3402 of title 18, United States Code, and, with the consent of the Attorney General, may be conducted, at both trial and upon appeal to district court, by attorneys of the. United States Department of Agriculture.”.

7. 1985

   Food Security Act of 1985

   Pub. L. 99–198 § 1755(a) · 99 Stat. 1354

   1. Substituted · 7 U.S.C. § 2149(b)

      Pub. L. 99–198, § 1755(a), substituted “$2,500 for each such violation” for “$1,000 for each such violation” in sixth sentence, which was executed to the seventh sentence as the probable intent of Congress

   2. Substituted · 7 U.S.C. § 2149(b)

      Pub. L. 99–198, § 1755(a), substituted “$1,500 for each offense” for “$500 for each offense” in sixth sentence, which was executed to the seventh sentence as the probable intent of Congress

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 99–198, § 1755(a), substituted “$2,500 for each such violation” for “$1,000 for each such violation” in first sentence and directed the substitution of “$1,500 for each offense” for “$500 for each offense” in sixth sentence, which was executed to the seventh sentence as the probable intent of Congress.

   Enacted provision · exact public law section
   (a) Subsection (b) of section 19 of the Animal Welfare Act (7 U.S.C. 2149(b)) is amended— (1) in the first sentence by striking out “$1,000 for each such violation” and inserting in lieu thereof “$2,500 for each such violation”; and (2) in the sixth sentence by striking out “$500 for each offense” and inserting in lieu thereof “$1,500 for each offense”.

8. 1985

   Food Security Act of 1985

   Pub. L. 99–198 § 1755(b) · 99 Stat. 1354

   Substituted · 7 U.S.C. § 2149(d)

   Pub. L. 99–198, § 1755(b), substituted “$2,500” for “$1,000”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 99–198, § 1755(b), substituted “$2,500” for “$1,000”.

   Enacted provision · exact public law section
   (b) Subsection (d) of such section is amended by striking out “$1,000” and inserting in lieu thereof “$2,500”.

10 of 10 references resolved to an enrolled provision