Amendments

2014—Pub. L. 113–79, § 12308(a)(1)(A), substituted “In this chapter:” for “When used in this chapter—” in introductory provisions.

Subsecs. (a), (b), (d), (e). Pub. L. 113–79, § 12308(a)(1)(C), substituted period for semicolon at end.

Subsec. (f)(2). Pub. L. 113–79, § 12308(a)(1)(B), substituted “(2) any dog for hunting, security, or breeding purposes. Such term does not include a retail pet store (other than a retail pet store which sells any animals to a research facility, an exhibitor, or another dealer).” for “(2) any dog for hunting, security, or breeding purposes, except that this term does not include—

“(i) a retail pet store except such store which sells any animals to a research facility, an exhibitor, or a dealer; or

“(ii) any person who does not sell, or negotiate the purchase or sale of any wild animal, dog, or cat, and who derives no more than $500 gross income from the sale of other animals during any calendar year;”.

Subsecs. (g), (h) to (k), (m). Pub. L. 113–79, § 12308(a)(1)(C), substituted period for semicolon at end.

Subsec. (n). Pub. L. 113–79, § 12308(a)(1)(D), substituted period at end for “; and”.

2013—Subsec. (h). Pub. L. 112–261 inserted “an owner of a common, domesticated household pet who derives less than a substantial portion of income from a nonprimary source (as determined by the Secretary) for exhibiting an animal that exclusively resides at the residence of the pet owner,” after “stores,”.

2002—Subsec. (g). Pub. L. 107–171 substituted “excludes (1) birds, rats of the genus Rattus, and mice of the genus Mus, bred for use in research, (2) horses not used for research purposes, and (3)” for “excludes horses not used for research purposes and”.

1985—Subsecs. (k) to (o). Pub. L. 99–198 added subsecs. (k) to (o).

1976—Subsec. (c). Pub. L. 94–279, § 3(1), made changes in phraseology, restructured subsection and expanded definition of “commerce” by making it applicable to any activity affecting interstate commerce.

Subsec. (d). Pub. L. 94–279, § 3(1), substituted definition of “State” for definition of “affecting commerce”.

Subsec. (e). Pub. L. 94–279, § 3(2), substituted “in commerce” for “affecting commerce”.

Subsec. (f). Pub. L. 94–279, § 3(2), (3), made changes in phraseology, restructured subsection and expanded definition of “dealer” to include persons who negotiate the purchase or sale of protected animals.

Subsec. (g). Pub. L. 94–279, § 3(4), expanded definition of “animal” to include dogs used for hunting, security, or breeding purposes.

Subsecs. (i), (j). Pub. L. 94–279, § 4, added subsecs. (i) and (j).

1970—Subsec. (b). Pub. L. 91–579, § 3(1), inserted “of the United States or his representative who shall be an employee of the United States Department of Agriculture” after “Secretary of Agriculture”.

Subsec. (c). Pub. L. 91–579, § 3(2), substituted “trade, traffic, commerce, transportation among the several States, or between any State” for “commerce between any State”.

Subsec. (d). Pub. L. 91–579, § 3(3), substituted definition of “affecting commerce” for definition of “dog”.

Subsec. (e). Pub. L. 91–579, § 3(3), struck out definition of “cat” and substituted for it a definition of “research facility” formerly set out in subsec. (f), and, in such definition as transferred from former subsec. (f), extended the term’s meaning to include those using “animals” rather than only dogs and cats and allowed exemptions of schools, organizations, institutions, or persons which do not use live dogs or cats, with such exemption to be inapplicable in the case of schools, organizations, institutions, and persons in biomedical research using a substantial number of live animals.

Subsec. (f). Pub. L. 91–579, § 3(3), substituted definition of “dealer” formerly contained in subsec. (g) for definition of “research facility” and in such definition of “dealer” as thus transferred inserted provisions extending meaning to include live or dead animals rather than only dogs and cats, adding teaching and exhibition purposes or uses as pets, and exempting retail pet stores unless such stores sell animals to a research facility, an exhibitor, or a dealer. Definition of “research facility” transferred to subsec. (e) and amended.

Subsec. (g). Pub. L. 91–579, § 3(3), substituted definition of “animal” formerly contained in subsec. (h) for definition of “dealer” and in such definition of “animal” as thus transferred inserted stipulation “live or dead” to the species already covered, and inserted provisions to include such warm-blooded animals as may be determined by the Secretary but to exclude specific animals used for research, food and fiber, and the improvement of animal breeding, nutrition, management, or production efficiency. Definition of “dealer” transferred to subsec. (f) and amended.

Subsec. (h). Pub. L. 91–579, § 3(3), substituted definition of “exhibitor” for definition of “animal”. Definition of “animal” transferred to subsec. (g) and amended.

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 one year after Dec. 24, 1970, see section 23 of Pub. L. 91–579, set out as a note under section 2131 of this title.

Report on Rats, Mice, and Birds

Pub. L. 107–171, title X, § 10304, May 13, 2002, 116 Stat. 492, provided that:

“(a)
In General.—
Not later than 1 year after the date of enactment of this Act [May 13, 2002], the National Research Council shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, a report on the implications of including rats, mice, and birds within the definition of animal under the regulations promulgated under the Animal Welfare Act (7 U.S.C. 2131 et seq.).
“(b)
Requirements.—
The report under subsection (a) shall—
“(1)
be completed with input, consultation, and recommendations from—
“(A)
the Secretary of Agriculture;
“(B)
the Secretary of Health and Human Services; and
“(C)
the Institute for Animal Laboratory Research within the National Academy of Sciences;
“(2)
contain an estimate of—
“(A)
the number and types of entities that use rats, mice, and birds for research purposes; and
“(B)
which of the entities—
“(i)
are subject to regulations of the Department of Agriculture;
“(ii)
are subject to regulations or guidelines of the Department of Health and Human Services; or
“(iii)
voluntarily comply with the accreditation requirements of the Association for Assessment and Accreditation of Laboratory Animal Care;
“(3)
contain an estimate of the numbers of rats, mice, and birds used in research facilities, with an indication of which of the facilities—
“(A)
are subject to regulations of the Department of Agriculture;
“(B)
are subject to regulations or guidelines of the Department of Health and Human Services; or
“(C)
voluntarily comply with the accreditation requirements of the Association for Assessment and Accreditation of Laboratory Animal Care;
“(4)
contain an estimate of the additional costs likely to be incurred by breeders and research facilities resulting from the additional regulatory requirements needed in order to afford the same level of protection to rats, mice, and birds as is provided for species regulated by the Department of Agriculture, detailing the costs associated with individual regulatory requirements;
“(5)
contain recommendations for minimizing such costs, including—
“(A)
an estimate of the cost savings that would result from providing a different level of protection to rats, mice, and birds than is provided for species regulated by the Department of Agriculture; and
“(B)
an estimate of the cost savings that would result if new regulatory requirements were substantially equivalent to, and harmonized with, guidelines of the National Institutes of Health;
“(6)
contain an estimate of the additional funding that the Animal and Plant Health Inspection Service would require to be able to ensure that the level of compliance with respect to other regulated animals is not diminished by the increase in the number of facilities that would require inspections if a rule extending the regulatory definition of animal to rats, mice, and birds were to become effective; and
“(7)
contain recommendations for—
“(A)
minimizing the regulatory burden on facilities subject to—
“(i)
regulations of the Department of Agriculture;
“(ii)
regulations or guidelines of the Department of Health and Human Services; or
“(iii)
accreditation requirements of the Association for Assessment and Accreditation of Laboratory Animal Care; and
“(B)
preventing any duplication of regulatory requirements.”