§2146 Administration and Enforcement by Secretary

Summary

The Secretary must investigate and inspect when needed to see if dealers, exhibitors, intermediate handlers, carriers, research facilities, or auction operators are breaking this law or its rules. Inspectors can enter places of business at reasonable times and look at facilities, animals, and the records those people are required to keep. Each research facility must be inspected at least once a year, and follow-up inspections must happen until problems are fixed. The Secretary must make rules that let inspectors take or humanely destroy any animal found suffering because the law or rules were not followed. That authority covers animals held by dealers, exhibitors, research facilities when the animal is no longer needed for research, auction operators, intermediate handlers, and carriers. Anyone who attacks, resists, blocks, or otherwise interferes with an official doing this work can be fined up to $5,000, jailed up to three years, or both. If a deadly or dangerous weapon is used, the fine can be up to $10,000 and jail up to ten years. Killing an official is punished under sections 1111 and 1114 of title 18. For enforcement, sections 46, 48, 49, and 50 of title 15 (except paragraphs (c)–(h) of section 46 and the last paragraph of section 49) and Title II of the Organized Crime Control Act of 1970 apply. The Secretary may investigate anywhere in the United States and its territories, and federal and territorial courts have authority to enforce and stop violations, except as provided in section 2149(c).