15 U.S.C. § 1824a: Export of horses

Summary

No horse can be shipped by sea from the United States or its territories unless it is part of a shipment that has an approved waiver. The Secretary of Commerce, after consulting with the Secretary of Agriculture, can create rules to grant waivers when they determine the horses in that shipment are not being sent for slaughter. If someone knowingly breaks the rule, they can be fined up to five times the shipment’s value or $50,000 (whichever is higher), jailed up to five years, or both. The Secretary of Commerce can also impose a civil fine up to $10,000 per violation after giving notice and a formal hearing.

Title 15, §1824a

Commerce and Trade, Source: USLM XML via OLRC

(a)Restriction on export of horses

Notwithstanding any other provision of law, no horse may be exported by sea from the United States, or any of its territories or possessions, unless such horse is part of a consignment of horses with respect to which a waiver has been granted under subsection (b).

(b)Granting of waivers

The Secretary of Commerce, in consultation with the Secretary of Agriculture, may issue regulations providing for the granting of waivers permitting the export by sea of a specified consignment of horses, if the Secretary of Commerce, in consultation with the Secretary of Agriculture, determines that no horse in that consignment is being exported for purposes of slaughter.

(c)Penalties

(1)Criminal penalty

Any person who knowingly violates this section or any regulation, order, or license issued under this section shall be fined not more than 5 times the value of the consignment of horses involved or $50,000, whichever is greater, or imprisoned not more than 5 years, or both.

(2)Civil penalty

The Secretary of Commerce, after providing notice and an opportunity for an agency hearing on the record, may impose a civil penalty of not to exceed $10,000 for each violation of this section or any regulation, order, or license issued under this section, either in addition to or in lieu of any other liability or penalty which may be imposed.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was not enacted as part of the Horse Protection Act of 1970 which comprises this chapter. Section was classified to section 466c of the former Appendix to Title 46, prior to the completion of the enactment of Title 46, Shipping, by Pub. L. 109–304, Oct. 6, 2006, 120 Stat. 1485.

Prior Provisions

Provisions similar to those in this section were contained in section 7(j) of Pub. L. 96–72, formerly classified to section 4606(j) of Title 50, War and National Defense, prior to the amendment of section 7(j) of that Act by Pub. L. 99–64, which enacted this section.

§1824a Export of Horses

Summary

Title 15, §1824a

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Citations & Metadata