§2158 — Title 7 Agriculture | U.S. Code

Summary

Shelters and some research facilities must keep any dog or cat they take in for at least five days. This gives the original owner time to get the pet back or someone else time to adopt it before the animal can be sold to a dealer. The rule covers city, county, and state pounds; private humane groups that care for animals or work under contract with local governments; and research facilities licensed by the Department of Agriculture. A dealer may not sell a "random-source" dog or cat (one that came from a pound, shelter, or similar source) unless the buyer gets a written certificate. The certificate must show who the dealer and buyer are, identify the animal (species/breed, sex, birth date if known, color and markings, and other required details), say where and when the animal was obtained, and confirm the shelter met the five-day hold. The original certificate must travel with the animal, and dealers and research facilities must keep copies for at least one year. Transfers between research facilities must include a copy. The Department may accept modern ID methods like microchips if they provide the same information. Dealers who break the rules or lie face penalties under section 2149; after more than one violation the fine is $5,000 per animal, and three or more violations lead to permanent loss of the dealer license. The Secretary had to write the implementing rules within 180 days after November 28, 1990.

Title 7, §2158

Agriculture — Source: USLM XML via OLRC

(a)(1)In the case of each dog or cat acquired by an entity described in paragraph (2), such entity shall hold and care for such dog or cat for a period of not less than five days to enable such dog or cat to be recovered by its original owner or adopted by other individuals before such entity sells such dog or cat to a dealer.

(2)An entity subject to paragraph (1) is—

(A)each State, county, or city owned and operated pound or shelter;

(B)each private entity established for the purpose of caring for animals, such as a humane society, or other organization that is under contract with a State, county, or city that operates as a pound or shelter and that releases animals on a voluntary basis; and

(C)each research facility licensed by the Department of Agriculture.

(b)(1)A dealer may not sell, provide, or make available to any individual or entity a random source dog or cat unless such dealer provides the recipient with a valid certification that meets the requirements of paragraph (2) and indicates compliance with subsection (a).

(2)A valid certification shall contain—

(A)the name, address, and Department of Agriculture license or registration number (if such number exists) of the dealer;

(B)the name, address, Department of Agriculture license or registration number (if such number exists), and the signature of the recipient of the dog or cat;

(C)a description of the dog or cat being provided that shall include—

(i)the species and breed or type of such;

(ii)the sex of such;

(iii)the date of birth (if known) of such;

(iv)the color and any distinctive marking of such; and

(v)any other information that the Secretary by regulation shall determine to be appropriate;

(D)the name and address of the person, pound, or shelter from which the dog or cat was purchased or otherwise acquired by the dealer, and an assurance that such person, pound, or shelter was notified that such dog or cat may be used for research or educational purposes;

(E)the date of the purchase or acquisition referred to in subparagraph (D);

(F)a statement by the pound or shelter (if the dealer acquired the dog or cat from such) that it satisfied the requirements of subsection (a); and

(G)any other information that the Secretary of Agriculture by regulation shall determine appropriate.

(3)The original certification required under paragraph (1) shall accompany the shipment of a dog or cat to be sold, provided, or otherwise made available by the dealer, and shall be kept and maintained by the research facility for a period of at least one year for enforcement purposes. The dealer shall retain one copy of the certification provided under this paragraph for a period of at least one year for enforcement purposes.

(4)In instances where one research facility transfers animals to another research facility a copy of the certificate must accompany such transfer.

(5)Certification requirements may be modified to reflect technological advances in identification techniques, such as microchip technology, if the Secretary determines that adequate information such as described in this section, will be collected, transferred, and maintained through such technology.

(c)(1)Dealers who fail to act according to the requirements of this section or who include false information in the certification required under subsection (b), shall be subject to the penalties provided for under section 2149 of this title.

(2)Any dealer who violates this section more than one time shall be subject to a fine of $5,000 per dog or cat acquired or sold in violation of this section.

(3)Any dealer who violates this section three or more times shall have such dealers license permanently revoked.

(d)Not later than 180 days after November 28, 1990, the Secretary shall promulgate regulations to carry out this section.

Editorial Notes

Amendments

1991—Subsec. (b)(2)(F). Pub. L. 102–237 substituted “subsection (a)” for “subsection (b)”.

§2158 Protection of Pets

Summary

Title 7, §2158

Notes & Related Subsidiaries

Editorial Notes

Amendments

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