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The Animal
Welfare Act - The Statutory Environment
The AWA regulates dealers
in many significant respects.
A dealer must have a
license to sell an animal under 7 USC
§ 2134:
§ 2134.
Valid license for dealers and exhibitors
required
No dealer or exhibitor
shall sell or offer to sell . . .
in commerce . . . for use as a pet
any animal . . . unless and until
such dealer . . . shall have obtained
a license from the Secretary and such
license shall not have been suspended
or revoked.
A dealer must maintain records required
by the USDA under 7 USC § 2140:
§ 2140. Recordkeeping
by dealers, exhibitors, research facilities,
intermediate handlers, and carriers
Dealers . . . shall make and retain
for such reasonable period of time
as the Secretary may prescribe, such
records with respect to the purchase,
sale, transportation, identification,
and previous ownership of animals
as the Secretary may prescribe. .
. . Such records shall be made available
at all reasonable times for inspection
and copying by the Secretary.
Dealers are subject to regulations
that the Secretary of Agriculture may
proscribe pursuant to 7 USC § 2143:
§ 2143. Standards and
certification process for humane handling,
care, treatment, and transportation
of animals
(a) Promulgation of standards, rules,
regulations, and orders; requirements;
research facilities; State authority
(1) The Secretary shall promulgate
standards to govern the humane handling,
care, treatment, and transportation
of animals by dealers. . .
(2) The standards described in paragraph
(1) shall include minimum requirements-
(A) for handling, housing, feeding,
watering, sanitation, ventilation,
shelter from extremes of weather and
temperatures, adequate veterinary
care, and separation by species where
the Secretary finds necessary for
humane handling, care, or treatment
of animals; and
(B) for exercise of dogs, as determined
by an attending veterinarian in accordance
with general standards promulgated
by the Secretary, and for a physical
environment adequate to promote the
psychological well-being of primates.
. .
(5) In promulgating and enforcing
standards established pursuant to
this section, the Secretary is authorized
and directed to consult experts, including
outside consultants where indicated.
The USDA had the power to conduct inspections
and investigations of dealers' facilities
pursuant to 7 USC § 2146 and 2149.
The Organized Crime Control Act applies
to give the USDA greater power:
§ 2146. Administration
and enforcement by Secretary
(a) Investigations and inspections
The Secretary shall make such investigations
or inspections as he deems necessary
to determine whether any dealer. .
. has violated or is violating any
provision of this chapter 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
2140 of this title of any such dealer.
. .The Secretary shall 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 of a failure to comply
with any provision of this chapter
or any regulation or standard issued
thereunder if (1) such animal is held
by a dealer. . .
(b) Penalties for interfering with
official duties
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
chapter 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 chapter shall be punished
as provided under sections 1111 and
1114 of Title 18.
(c) Procedures
For the efficient administration
and enforcement of this chapter and
the regulations and standards promulgated
under this chapter, the provisions
(including penalties) of sections
46, 48, 49 and 50 of Title 15 (except
paragraph (c) through (h) of section
46 and the last paragraph of section
49 of Title 15), and the provisions
of Title II of the Organized Crime
Control Act of 1970, are made applicable
to the jurisdiction, powers, and duties
of the Secretary in administering
and enforcing the provisions of this
chapter 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 chapter in
any part of the United States. .
§ 2149. Violations by
licensees
(a) Temporary license suspension;
notice and hearing; revocation
If the Secretary has reason to believe
that any person licensed as a dealer.
. . has violated or is violating any
provision of this chapter, or any
of the rules or regulations or standards
promulgated by the Secretary hereunder,
he may suspend such person's license
temporarily, 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) Civil penalties for violation
of any section, etc.; separate offenses;
notice and hearing; appeal; considerations
in assessing penalty; compromise of
penalty; civil action by Attorney
General for failure to pay penalty;
district court jurisdiction; failure
to obey cease and desist order
Any dealer. . . that violates any
provision of this chapter, or any
rule, regulation, or standard promulgated
by the Secretary thereunder, may be
assessed a civil penalty by the Secretary
of not more than $2,500 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 be a separate offense. . . .
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 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 $1,500 for each offense, and each
day during which such failure continues
shall be deemed a separate offense.
. .
(d) Criminal penalties for violation;
initial prosecution brought before
United States magistrate judges; conduct
of prosecution by attorneys of United
States Department of Agriculture
Any dealer. . . who knowingly violates
any provision of this chapter shall,
on conviction thereof, be subject
to imprisonment for not more than
1 year, or a fine of not more than
$2,500, or both. . .
Finally, the Secretary of Agriculture
has authority to adopt regulations to
carry out the AWA:
§ 2151. Rules and regulations
The Secretary is authorized to promulgate
such rules, regulations, and orders
as he may deem necessary in order
to effectuate the purposes of this
chapter.
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