Investigations and inspections
section 2142 of this titlesection 2140 of this titleThe 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 , 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 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.
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.
Procedures
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Pub. L. 89–544, § 1680 Stat. 352Pub. L. 91–579, § 1784 Stat. 1563Pub. L. 94–279, § 1290 Stat. 420Pub. L. 99–198, title XVII, § 175399 Stat. 1649Pub. L. 101–624, title XXV, § 2503(1)104 Stat. 4066(, , ; , , ; , , ; , , ; , , .)
Editorial Notes
References in Text
section 49 of title 15section 211 of Pub. L. 91–45284 Stat. 929The last paragraph of , referred to in subsec. (c), which related to immunity of witnesses, was repealed by , , title II, . For provisions relating to immunity of witnesses, see section 6001 et seq. of Title 18, Crimes and Criminal Procedure.
Pub. L. 91–45284 Stat. 926Title II of the Organized Crime Control Act of 1970, referred to in subsec. (c), is title II of , , , 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
Pub. L. 101–6241990—Subsec. (c). inserted “and the regulations and standards promulgated under this chapter” after first reference to “this chapter”.
Pub. L. 99–1981985—Subsec. (a). 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.
Pub. L. 94–279, § 12(a)1976—Subsec. (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”.
Pub. L. 94–279, § 12(b)Subsec. (c). , substituted “section 2149(c)” for “sections 2149(b) and 2150(b)” after “except as provided in”.
Pub. L. 91–5791970— 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).
Statutory Notes and Related Subsidiaries
Effective Date of 1985 Amendment
Pub. L. 99–198section 1759 of Pub. L. 99–198section 2131 of this titleAmendment by effective one year after , see , set out as a note under .
Effective Date of 1970 Amendment
Pub. L. 91–579section 23 of Pub. L. 91–579section 2131 of this titleAmendment by effective 30 days after , see , set out as a note under .
Non-recording of Observed Violations of Animal Welfare Act
Pub. L. 117–328, div. A, title VII, § 756136 Stat. 4506