§ 2132. — Definitions.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 7USC2132]
TITLE 7--AGRICULTURE
CHAPTER 54--TRANSPORTATION, SALE, AND HANDLING OF CERTAIN ANIMALS
Sec. 2132. Definitions
When used 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, or 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, 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;
(g) The term ``animal'' means any live or dead dog, cat, monkey
(nonhuman primate mammal), guinea pig, hamster, rabbit, or such other
warmblooded 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,
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.\1\
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\1\ So in original. The period probably should be a semicolon.
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(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; and
(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, Sec. 2, Aug. 24, 1966, 80 Stat. 350; Pub. L. 91-579,
Sec. 3, Dec. 24, 1970, 84 Stat. 1560; Pub. L. 94-279, Secs. 3, 4, Apr.
22, 1976, 90 Stat. 417, 418; Pub. L. 99-198, title XVII, Sec. 1756(a),
Dec. 23, 1985, 99 Stat. 1650; Pub. L. 107-171, title X, Sec. 10301, May
13, 2002, 116 Stat. 491.)
Amendments
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, Sec. 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, Sec. 3(1), substituted definition of
``State'' for definition of ``affecting commerce''.
Subsec. (e). Pub. L. 94-279, Sec. 3(2), substituted ``in commerce''
for ``affecting commerce''.
Subsec. (f). Pub. L. 94-279, Sec. 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, Sec. 3(4), expanded definition of
``animal'' to include dogs used for hunting, security, or breeding
purposes.
Subsecs. (i), (j). Pub. L. 94-279, Sec. 4, added subsecs. (i) and
(j).
1970--Subsec. (b). Pub. L. 91-579, Sec. 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, Sec. 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, Sec. 3(3), substituted definition of
``affecting commerce'' for definition of ``dog''.
Subsec. (e). Pub. L. 91-579, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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.''
