§ 2146. — Administration and enforcement by Secretary.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC2146]
TITLE 7--AGRICULTURE
CHAPTER 54--TRANSPORTATION, SALE, AND HANDLING OF CERTAIN ANIMALS
Sec. 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, exhibitor, intermediate
handler, carrier, research facility, or operator of an auction sale
subject to section 2142 of this title, 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, exhibitor, intermediate
handler, carrier, research facility, or operator of an auction sale. 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 chapter, shall conduct such follow-up inspections
as may be necessary until all deficiencies or deviations from such
standards are corrected. 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, (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, (4) such animal is held by an operator of an
auction sale, or (5) such animal is held by an intermediate handler or a
carrier.
(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 \1\ 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, including any territory, or
possession thereof, the District of Columbia, or the Commonwealth of
Puerto Rico. The powers conferred by said sections 49 and 50 of title 15
on the district courts of the United States may be exercised for the
purposes of this chapter 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 chapter, and shall have jurisdiction in all other
kinds of cases arising under this chapter, except as provided in section
2149(c) of this title.
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\1\ See References in Text note below.
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(Pub. L. 89-544, Sec. 16, Aug. 24, 1966, 80 Stat. 352; Pub. L. 91-579,
Sec. 17, Dec. 24, 1970, 84 Stat. 1563; Pub. L. 94-279, Sec. 12, Apr. 22,
1976, 90 Stat. 420; Pub. L. 99-198, title XVII, Sec. 1753, Dec. 23,
1985, 99 Stat. 1649; Pub. L. 101-624, title XXV, Sec. 2503(1), Nov. 28,
1990, 104 Stat. 4066.)
References in Text
The last paragraph of section 49 of title 15, referred to in subsec.
(c), which related to immunity of witnesses, was repealed by section 211
of Pub. L. 91-452, Oct. 15, 1970, title II, 84 Stat. 929. For provisions
relating to immunity of witnesses, see section 6001 et seq. of Title 18,
Crimes and Criminal Procedure.
Title II of the Organized Crime Control Act of 1970, referred to in
subsec. (c), is title II of Pub. L. 91-452, Oct. 15, 1970, 84 Stat. 926,
as amended, which created a general Federal immunity statute set out in
section 6001 et seq. of Title 18, and repealed the individual immunity
provisions formerly contained in various Federal regulatory schemes.
Amendments
1990--Subsec. (c). Pub. L. 101-624 inserted ``and the regulations
and standards promulgated under this chapter'' after first reference to
``this chapter''.
1985--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.
1976--Subsec. (a). Pub. L. 94-279, Sec. 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''.
Subsec. (c). Pub. L. 94-279, Sec. 12(b), substituted ``section
2149(c)'' for ``sections 2149(b) and 2150(b)'' after ``except as
provided in''.
1970--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).
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 30 days after Dec. 24, 1970,
see section 23 of Pub. L. 91-579, set out as a note under section 2131
of this title.
