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CHAPTER 54—TRANSPORTATION, SALE, AND HANDLING OF CERTAIN ANIMALS Sec.2131.Congressional statement of policy.2132.Definitions.2133.Licensing of dealers and exhibitors.2134.Valid license for dealers and exhibitors required.2135.Time period for disposal of dogs or cats by dealers or exhibitors.2136.Registration of research facilities, handlers, carriers and unlicensed exhibitors.2137.Purchase of dogs or cats by research facilities prohibited except from authorized operators of auction sales and licensed dealers or exhibitors.2138.Purchase of dogs or cats by United States Government facilities prohibited except from authorized operators of auction sales and licensed dealers or exhibitors.2139.Principal-agent relationship established.2140.Recordkeeping by dealers, exhibitors, research facilities, intermediate handlers, and carriers.2141.Marking and identification of animals.2142.Humane standards and recordkeeping requirements at auction sales.2143.Standards and certification process for humane handling, care, treatment, and transportation of animals.2144.Humane standards for animals by United States Government facilities.2145.Consultation and cooperation with Federal, State, and local governmental bodies by Secretary of Agriculture.2146.Administration and enforcement by Secretary.2147.Inspection by legally constituted law enforcement agencies.2148.Importation of live dogs.2149.Violations by licensees.2150.Repealed.2151.Rules and regulations.2152.Separability.2153.Fees and authorization of appropriations.2154.Effective dates.2155.Omitted.2156.Animal fighting venture prohibition.2157.Release of trade secrets.2158.Protection of pets.2159.Authority to apply for injunctions. §2131. Congressional statement of policy The Congress finds that animals and activities which are regulated under this chapter are either in interstate or foreign commerce or substantially affect such commerce or the free flow thereof, and that regulation of animals and activities as provided in this chapter is necessary to prevent and eliminate burdens upon such commerce and to effectively regulate such commerce, in order— (1) to insure that animals intended for use in research facilities or for exhibition purposes or for use as pets are provided humane care and treatment; (2) to assure the humane treatment of animals during transportation in commerce; and (3) to protect the owners of animals from the theft of their animals by preventing the sale or use of animals which have been stolen. The Congress further finds that it is essential to regulate, as provided in this chapter, the transportation, purchase, sale, housing, care, handling, and treatment of animals by carriers or by persons or organizations engaged in using them for research or experimental purposes or for exhibition purposes or holding them for sale as pets or for any such purpose or use. (Pub. L. 89–544, §1(b), formerly §1, Aug. 24, 1966, 80 Stat. 350; Pub. L. 91–579, §2, Dec. 24, 1970, 84 Stat. 1560; renumbered and amended Pub. L. 94–279, §2, Apr. 22, 1976, 90 Stat. 417.) Amendments 1976—Pub. L. 94–279 restated and expanded objectives of this chapter to include regulation of animals and activities in, or substantially affecting, interstate or foreign commerce in order to prevent and eliminate burdens on such commerce and to assure the humane treatment of animals during transportation. 1970—Pub. L. 91–579 restated objectives to include all animals as defined instead of only cats and dogs and expanded coverage to regulate animals intended for use for exhibition purposes or for use as pets. Effective Date of 1985 Amendment Pub. L. 99–198, title XVII, §1759, Dec. 23, 1985, 99 Stat. 1650, provided that: "This subtitle [subtitle F (§§1751–1759), enacting section 2157 of this title, amending sections 2132, 2143 to 2146, and 2149 of this title, and enacting provisions set out as notes under this section] shall take effect 1 year after the date of the enactment of this Act [Dec. 23, 1985]." Effective Date of 1970 Amendment Pub. L. 91–579, §23, Dec. 24, 1970, 84 Stat. 1565, provided that: "The amendments made by this Act [enacting section 2155 of this title, amending this section and sections 2132, 2133, 2134, 2135, 2136, 2137, 2138, 2139, 2140, 2141, 2142, 2143, 2144, 2145, 2146, 2147, 2149, and 2150 of this title, repealing section 2148 of this title, and enacting provisions set out as notes under this section] shall take effect one year after the date of enactment of this Act [Dec. 24, 1970], except for the amendments to sections 16, 17, 19, and 20 of the Act of August 24, 1966 [sections 2146, 2147, 2149, and 2150 of this title], which shall become effective thirty days after the date of enactment of this Act [Dec. 24, 1970]". Short Title of 1976 Amendment Pub. L. 94–279, §1, Apr. 22, 1976, 90 Stat. 417, provided: "That this Act [enacting section 2156 of this title, amending this section, sections 2132, 2134, 2136, 2139 to 2146, 2149, 2153 to 2155 of this title, and section 3001 of Title 39, Postal Service, repealing section 2150 of this title, and enacting provisions set out as notes under this section] may be cited as the 'Animal Welfare Act Amendments of 1976'." Short Title of 1970 Amendment Pub. L. 91–579, §1, Dec. 24, 1970, 84 Stat. 1560, provided: "That this Act [enacting section 2155 of this title, amending this section and sections 2132, 2133, 2134, 2135, 2136, 2137, 2138, 2139, 2140, 2141, 2142, 2143, 2144, 2145, 2146, 2147, 2149, and 2150 of this title, repealing section 2148 of this title, and enacting provisions set out as notes under this section] may be cited as the 'Animal Welfare Act of 1970'." Short Title Pub. L. 89–544, §1(a), as added by Pub. L. 94–279, §2, Apr. 22, 1976, 90 Stat. 417, provided: "That this Act [enacting this chapter] may be cited as the 'Animal Welfare Act'." Congressional Findings for 1985 Amendment Pub. L. 99–198, title XVII, subtitle F (§§1751–1759), §1751, Dec. 23, 1985, 99 Stat. 1645, provided that: "For the purposes of this subtitle [see Effective Date of 1985 Amendment note above], the Congress finds that— "(1) the use of animals is instrumental in certain research and education for advancing knowledge of cures and treatment for diseases and injuries which afflict both humans and animals; "(2) methods of testing that do not use animals are being and continue to be developed which are faster, less expensive, and more accurate than traditional animal experiments for some purposes and further opportunities exist for the development of these methods of testing; "(3) measures which eliminate or minimize the unnecessary duplication of experiments on animals can result in more productive use of Federal funds; and "(4) measures which help meet the public concern for laboratory animal care and treatment are important in assuring that research will continue to progress." Extended Definition of "Animal" Pub. L. 99–198, title XVII, 1756(b), Dec. 23, 1985, 99 Stat. 1650, provided that: "For purposes of this Act [see Tables for classification], the term 'animal' shall have the same meaning as defined in section 2(g) of the Animal Welfare Act (7 U.S.C. 2132(g))." §2132. Definitions In this chapter: (a) The term "person" includes any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity. (b) The term "Secretary" means the Secretary of Agriculture of the United States or his representative who shall be an employee of the United States Department of Agriculture. (c) The term "commerce" means trade, traffic, transportation, or other commerce— (1) between a place in a State and any place outside of such State, or between points within the same State but through any place outside thereof, or within any territory, possession, or the District of Columbia; (2) which affects trade, traffic, transportation, or other commerce described in paragraph (1). (d) The term "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, or any other territory or possession of the United States. (e) The term "research facility" means any school (except an elementary or secondary school), institution, organization, or person that uses or intends to use live animals in research, tests, or experiments, and that (1) purchases or transports live animals in commerce, or (2) receives funds under a grant, award, loan, or contract from a department, agency, or instrumentality of the United States for the purpose of carrying out research, tests, or experiments: Provided, That the Secretary may exempt, by regulation, any such school, institution, organization, or person that does not use or intend to use live dogs or cats, except those schools, institutions, organizations, or persons, which use substantial numbers (as determined by the Secretary) of live animals the principal function of which schools, institutions, organizations, or persons, is biomedical research or testing, when in the judgment of the Secretary, any such exemption does not vitiate the purpose of this chapter. (f) The term "dealer" means any person who, in commerce, for compensation or profit, delivers for transportation, or transports, except as a carrier, buys, or sells, or negotiates the purchase or sale of, (1) any dog or other animal whether alive or dead for research, teaching, exhibition, or use as a pet, or (2) any dog for hunting, security, or breeding purposes. Such term does not include a retail pet store (other than a retail pet store which sells any animals to a research facility, an exhibitor, or another dealer). (g) The term "animal" means any live or dead dog, cat, monkey (nonhuman primate mammal), guinea pig, hamster, rabbit, or such other warm-blooded animal, as the Secretary may determine is being used, or is intended for use, for research, testing, experimentation, or exhibition purposes, or as a pet; but such term excludes (1) birds, rats of the genus Rattus, and mice of the genus Mus, bred for use in research, (2) horses not used for research purposes, and (3) other farm animals, such as, but not limited to livestock or poultry, used or intended for use as food or fiber, or livestock or poultry used or intended for use for improving animal nutrition, breeding, management, or production efficiency, or for improving the quality of food or fiber. With respect to a dog, the term means all dogs including those used for hunting, security, or breeding purposes. (h) The term "exhibitor" means any person (public or private) exhibiting any animals, which were purchased in commerce or the intended distribution of which affects commerce, or will affect commerce, to the public for compensation, as determined by the Secretary, and such term includes carnivals, circuses, and zoos exhibiting such animals whether operated for profit or not; but such term excludes retail pet stores, an owner of a common, domesticated household pet who derives less than a substantial portion of income from a nonprimary source (as determined by the Secretary) for exhibiting an animal that exclusively resides at the residence of the pet owner, organizations sponsoring and all persons participating in State and country fairs, livestock shows, rodeos, purebred dog and cat shows, and any other fairs or exhibitions intended to advance agricultural arts and sciences, as may be determined by the Secretary. (i) The term "intermediate handler" means any person including a department, agency, or instrumentality of the United States or of any State or local government (other than a dealer, research facility, exhibitor, any person excluded from the definition of a dealer, research facility, or exhibitor, an operator of an auction sale, or a carrier) who is engaged in any business in which he receives custody of animals in connection with their transportation in commerce. (j) The term "carrier" means the operator of any airline, railroad, motor carrier, shipping line, or other enterprise, which is engaged in the business of transporting any animals for hire. (k) The term "Federal agency" means an Executive agency as such term is defined in section 105 of title 5, and with respect to any research facility means the agency from which the research facility receives a Federal award for the conduct of research, experimentation, or testing, involving the use of animals. (l) The term "Federal award for the conduct of research, experimentation, or testing, involving the use of animals" means any mechanism (including a grant, award, loan, contract, or cooperative agreement) under which Federal funds are provided to support the conduct of such research. (m) The term "quorum" means a majority of the Committee members. (n) The term "Committee" means the Institutional Animal Committee established under section 2143(b) of this title. (o) The term "Federal research facility" means each department, agency, or instrumentality of the United States which uses live animals for research or experimentation. (Pub. L. 89–544, §2, Aug. 24, 1966, 80 Stat. 350; Pub. L. 91–579, §3, Dec. 24, 1970, 84 Stat. 1560; Pub. L. 94–279, §§3, 4, Apr. 22, 1976, 90 Stat. 417, 418; Pub. L. 99–198, title XVII, §1756(a), Dec. 23, 1985, 99 Stat. 1650; Pub. L. 107–171, title X, §10301, May 13, 2002, 116 Stat. 491; Pub. L. 112–261, §1, Jan. 10, 2013, 126 Stat. 2428; Pub. L. 113–79, title XII, §12308(a)(1), Feb. 7, 2014, 128 Stat. 990.) Amendments 2014—Pub. L. 113–79, §12308(a)(1)(A), substituted "In this chapter:" for "When used in this chapter—" in introductory provisions. Subsecs. (a), (b), (d), (e). Pub. L. 113–79, §12308(a)(1)(C), substituted period for semicolon at end. Subsec. (f)(2). Pub. L. 113–79, §12308(a)(1)(B), substituted "(2) any dog for hunting, security, or breeding purposes. Such term does not include a retail pet store (other than a retail pet store which sells any animals to a research facility, an exhibitor, or another dealer)." for "(2) any dog for hunting, security, or breeding purposes, except that this term does not include— "(i) a retail pet store except such store which sells any animals to a research facility, an exhibitor, or a dealer; or "(ii) any person who does not sell, or negotiate the purchase or sale of any wild animal, dog, or cat, and who derives no more than $500 gross income from the sale of other animals during any calendar year;". Subsecs. (g), (h) to (k), (m). Pub. L. 113–79, §12308(a)(1)(C), substituted period for semicolon at end. Subsec. (n). Pub. L. 113–79, §12308(a)(1)(D), substituted period at end for "; and". 2013—Subsec. (h). Pub. L. 112–261 inserted "an owner of a common, domesticated household pet who derives less than a substantial portion of income from a nonprimary source (as determined by the Secretary) for exhibiting an animal that exclusively resides at the residence of the pet owner," after "stores,". 2002—Subsec. (g). Pub. L. 107–171 substituted "excludes (1) birds, rats of the genus Rattus, and mice of the genus Mus, bred for use in research, (2) horses not used for research purposes, and (3)" for "excludes horses not used for research purposes and". 1985—Subsecs. (k) to (o). Pub. L. 99–198 added subsecs. (k) to (o). 1976—Subsec. (c). Pub. L. 94–279, §3(1), made changes in phraseology, restructured subsection and expanded definition of "commerce" by making it applicable to any activity affecting interstate commerce. Subsec. (d). Pub. L. 94–279, §3(1), substituted definition of "State" for definition of "affecting commerce". Subsec. (e). Pub. L. 94–279, §3(2), substituted "in commerce" for "affecting commerce". Subsec. (f). Pub. L. 94–279, §3(2), (3), made changes in phraseology, restructured subsection and expanded definition of "dealer" to include persons who negotiate the purchase or sale of protected animals. Subsec. (g). Pub. L. 94–279, §3(4), expanded definition of "animal" to include dogs used for hunting, security, or breeding purposes. Subsecs. (i), (j). Pub. L. 94–279, §4, added subsecs. (i) and (j). 1970—Subsec. (b). Pub. L. 91–579, §3(1), inserted "of the United States or his representative who shall be an employee of the United States Department of Agriculture" after "Secretary of Agriculture". Subsec. (c). Pub. L. 91–579, §3(2), substituted "trade, traffic, commerce, transportation among the several States, or between any State" for "commerce between any State". Subsec. (d). Pub. L. 91–579, §3(3), substituted definition of "affecting commerce" for definition of "dog". Subsec. (e). Pub. L. 91–579, §3(3), struck out definition of "cat" and substituted for it a definition of "research facility" formerly set out in subsec. (f), and, in such definition as transferred from former subsec. (f), extended the term's meaning to include those using "animals" rather than only dogs and cats and allowed exemptions of schools, organizations, institutions, or persons which do not use live dogs or cats, with such exemption to be inapplicable in the case of schools, organizations, institutions, and persons in biomedical research using a substantial number of live animals. Subsec. (f). Pub. L. 91–579, §3(3), substituted definition of "dealer" formerly contained in subsec. (g) for definition of "research facility" and in such definition of "dealer" as thus transferred inserted provisions extending meaning to include live or dead animals rather than only dogs and cats, adding teaching and exhibition purposes or uses as pets, and exempting retail pet stores unless such stores sell animals to a research facility, an exhibitor, or a dealer. Definition of "research facility" transferred to subsec. (e) and amended. Subsec. (g). Pub. L. 91–579, §3(3), substituted definition of "animal" formerly contained in subsec. (h) for definition of "dealer" and in such definition of "animal" as thus transferred inserted stipulation "live or dead" to the species already covered, and inserted provisions to include such warm-blooded animals as may be determined by the Secretary but to exclude specific animals used for research, food and fiber, and the improvement of animal breeding, nutrition, management, or production efficiency. Definition of "dealer" transferred to subsec. (f) and amended. Subsec. (h). Pub. L. 91–579, §3(3), substituted definition of "exhibitor" for definition of "animal". Definition of "animal" transferred to subsec. (g) and amended. Effective Date of 1985 Amendment 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. 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. Report on Rats, Mice, and Birds Pub. L. 107–171, title X, §10304, May 13, 2002, 116 Stat. 492, provided that: "(a) In General.—Not later than 1 year after the date of enactment of this Act [May 13, 2002], the National Research Council shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, a report on the implications of including rats, mice, and birds within the definition of animal under the regulations promulgated under the Animal Welfare Act (7 U.S.C. 2131 et seq.). "(b) Requirements.—The report under subsection (a) shall— "(1) be completed with input, consultation, and recommendations from— "(A) the Secretary of Agriculture; "(B) the Secretary of Health and Human Services; and "(C) the Institute for Animal Laboratory Research within the National Academy of Sciences; "(2) contain an estimate of— "(A) the number and types of entities that use rats, mice, and birds for research purposes; and "(B) which of the entities— "(i) are subject to regulations of the Department of Agriculture; "(ii) are subject to regulations or guidelines of the Department of Health and Human Services; or "(iii) voluntarily comply with the accreditation requirements of the Association for Assessment and Accreditation of Laboratory Animal Care; "(3) contain an estimate of the numbers of rats, mice, and birds used in research facilities, with an indication of which of the facilities— "(A) are subject to regulations of the Department of Agriculture; "(B) are subject to regulations or guidelines of the Department of Health and Human Services; or "(C) voluntarily comply with the accreditation requirements of the Association for Assessment and Accreditation of Laboratory Animal Care; "(4) contain an estimate of the additional costs likely to be incurred by breeders and research facilities resulting from the additional regulatory requirements needed in order to afford the same level of protection to rats, mice, and birds as is provided for species regulated by the Department of Agriculture, detailing the costs associated with individual regulatory requirements; "(5) contain recommendations for minimizing such costs, including— "(A) an estimate of the cost savings that would result from providing a different level of protection to rats, mice, and birds than is provided for species regulated by the Department of Agriculture; and "(B) an estimate of the cost savings that would result if new regulatory requirements were substantially equivalent to, and harmonized with, guidelines of the National Institutes of Health; "(6) contain an estimate of the additional funding that the Animal and Plant Health Inspection Service would require to be able to ensure that the level of compliance with respect to other regulated animals is not diminished by the increase in the number of facilities that would require inspections if a rule extending the regulatory definition of animal to rats, mice, and birds were to become effective; and "(7) contain recommendations for— "(A) minimizing the regulatory burden on facilities subject to— "(i) regulations of the Department of Agriculture; "(ii) regulations or guidelines of the Department of Health and Human Services; or "(iii) accreditation requirements of the Association for Assessment and Accreditation of Laboratory Animal Care; and "(B) preventing any duplication of regulatory requirements." §2133. Licensing of dealers and exhibitors The Secretary shall issue licenses to dealers and exhibitors upon application therefor in such form and manner as he may prescribe and upon payment of such fee established pursuant to 2153 of this title: Provided, That no such license shall be issued until the dealer or exhibitor shall have demonstrated that his facilities comply with the standards promulgated by the Secretary pursuant to section 2143 of this title: Provided, however, That a dealer or exhibitor shall not be required to obtain a license as a dealer or exhibitor under this chapter if the size of the business is determined by the Secretary to be de minimis. The Secretary is further authorized to license, as dealers or exhibitors, persons who do not qualify as dealers or exhibitors within the meaning of this chapter upon such persons' complying 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.) Amendments 2014—Pub. L. 113–79 substituted ": Provided, however, That a dealer or exhibitor shall not be required to obtain a license as a dealer or exhibitor under this chapter if the size of the business is determined by the Secretary 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. 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 commerce, 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 transportation, in commerce, to or from another dealer or exhibitor under this chapter any animals, unless and until such dealer or exhibitor shall have obtained a license from the Secretary and such license shall not have been suspended or revoked. (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.) 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. 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 animal or within such other period as may be specified 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.) 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. 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, handlers, carriers and unlicensed exhibitors Every research facility, every intermediate handler, every carrier, and every exhibitor not licensed under section 2133 of this title shall register 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.) 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. 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 facilities prohibited except from authorized operators of auction sales and licensed dealers or exhibitors It shall be unlawful for any research facility to purchase any dog or cat from any person except 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 such person is exempted from obtaining such license 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.) Amendments 1970—Pub. L. 91–579 added licensed exhibitors and operators of auction sales subject to section 2142 of this title to the enumeration of persons from whom research facilities may purchase dogs or cats. 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 licensed dealers or exhibitors No department, agency, or instrumentality of the United States which uses animals for research or experimentation or exhibition shall purchase or otherwise acquire any dog or cat for such purposes from any person except 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 such person is exempted from obtaining such license under section 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.) Amendments 1970—Pub. L. 91–579 inserted reference to instrumentalities of the United States which use animals for exhibition 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 Government facilities may acquire dogs or cats. 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 facility, a dealer, or an exhibitor or a person licensed 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 section 2142 of this title, or an intermediate handler, or a carrier, within the scope of his employment or office, shall be deemed the act, omission, or failure of such research facility, dealer, exhibitor, licensee, operator of an auction 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.) Amendments 1976—Pub. L. 94–279 inserted "or an intermediate handler, 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 person." after "research facility, dealer, exhibitor, licensee,". 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. 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, research facilities, intermediate handlers, and carriers Dealers and exhibitors 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. Research facilities shall make and retain such records only with respect to the purchase, sale, transportation, identification, 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 intermediate handlers and carriers with respect to the transportation, receiving, handling, and delivery of animals on forms prescribed by the agency, shall require there to be included in such forms, and intermediate handlers and carriers shall include in such forms, such information as the Secretary may require for the effective administration of this chapter. Such information shall be retained for such reasonable period 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, handling, and delivery of animals as the Secretary may prescribe. Such records shall be made available 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.) 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 dealing with the records required to be maintained by intermediate handlers and carriers relating to the transportation, receiving, handling and delivery of animals. 1970—Pub. L. 91–579 extended recordkeeping requirements to include exhibitors and to include animals, as defined, rather than only dogs and cats, except that research facilities shall continue to keep required records only for live dogs and cats. 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. §2141. Marking and identification of animals All animals delivered for transportation, transported, purchased, or sold, in commerce, by a dealer or exhibitor shall be marked or identified at such time and in such humane manner as the Secretary may prescribe: Provided, That only live dogs and cats need be so marked or identified by a research facility. (Pub. L. 89–544, §11, Aug. 24, 1966, 80 Stat. 351; Pub. L. 91–579, §12, Dec. 24, 1970, 84 Stat. 1562; Pub. L. 94–279, §5, Apr. 22, 1976, 90 Stat. 418.) Amendments 1976—Pub. L. 94–279 substituted "in commerce" for "affecting commerce". 1970—Pub. L. 91–579 applied marking and identification requirements to dealers and exhibitors for animals, as defined, instead of only to dogs and cats when movements are affecting commerce, but limited such requirements for research facilities to only live dogs and cats. 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. §2142. Humane standards and recordkeeping requirements at auction sales The Secretary is authorized to promulgate humane standards and recordkeeping requirements governing the purchase, handling, or sale of animals, in commerce, by dealers, research facilities, and exhibitors at auction sales and by the operators of such auction sales. The Secretary is also authorized to require the licensing of operators of auction sales where any dogs or cats are sold, in commerce, under such conditions as he may prescribe, and upon payment of such fee as prescribed by the Secretary under section 2153 of this title. (Pub. L. 89–544, §12, Aug. 24, 1966, 80 Stat. 351; Pub. L. 91–579, §13, Dec. 24, 1970, 84 Stat. 1562; Pub. L. 94–279, §5, Apr. 22, 1976, 90 Stat. 418.) Amendments 1976—Pub. L. 94–279 substituted "in commerce" for "affecting commerce" in two places. 1970—Pub. L. 91–579 extended requirements for recordkeeping and humane standards to exhibitors and operators of auction sales, with such requirements to apply to animals as defined instead of only to cats and dogs when transactions in auction sales are affecting commerce, and required operators of auction sales to obtain a license when he sells cats or dogs and such transactions are affecting commerce, upon payment of fee prescribed by the Secretary. 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.