Summary:
Enacted August 24, 1966, Public Law 89-544 is what commonly is referred to as The Animal Welfare Act although that title is not mentioned within the law. It authorizes the Secretary of Agriculture to regulate transport, sale, and handling of dogs, cats,
nonhuman primates, guinea pigs, hamsters, and rabbits intended to be used in research or "for other purposes." It requires licensing and inspection of dog and cat dealers and humane handling at auction sales. The complete amended act can be found
in United States
Code, Title 7, Sections 2131-2156.
89th Congress, H. R. 13881
August 24, 1966
An Act
Note: In this HTML version of the Act, brackets, [ ], indicate notes found in the corresponding margin of the hardcopy document.
To authorize the Secretary of Agriculture to regulate the
transportation, sale, and handling of dogs, cats, and
certain other animals intended to be used for purposes of
research or experimentation, and for other purposes.
[Dogs, cats, and other animals
intended for
research or
expermental use.] Be it enacted by the Senate and House of
Representatives of the United States of America in Congress
assembled. That, in order to protect the owners of dogs and
cats from theft of such pets, to prevent the sale or use of
dogs and cats which have been stolen, and to insure that
certain animals intended for use in research facilities are
provided humane care and treatment, it is essential to
regulate the transportation, purchase, sale, housing, care,
handling, and treatment of such animals by persons or
organizations engaged in using them for research or
experimental purposes or in transporting, buying, or selling
them for such use.
[Definitions.] SEC. 2. When used in this Act--
(a) The term "person" includes any individual,
partnership, firm, joint stock company, corporation,
association, trust, estate, or other legal entity;
(b) The term "Secretary" means the Secretary of
Agriculture;
(c) The term "commerce" means commerce between any
State, territory, possession, or the District of Columbia,
or the Commonwealth of Puerto Rico, but through any place
outside thereof; or within any territory, possession, or the
District of Columbia;
(d) The term "dog" means any live dog (Canis
familiaris);
(e) The term "cat" means any live cat (Felis catus);
(f) The term "research facility" means any school,
institution, organization, or person that uses or intends to
use dogs or cats in research, tests, or experiments, and
that (1) purchases or transports dogs or cats in commerce,
or (2) receives funds under a grant, award, loan, or
contract from a department, agency, or instrumentality of
the United States for the purpose of carrying out research,
tests, or experiments;
[80 STAT. 350.] (g) The term "dealer" means any person who for
compensation or profit delivers for transportation, or
transports, except as a common carrier, buys, or sells dogs
or cats in commerce for research purposes;
[80 STAT. 351.] (h) The term "animal" means live dogs, cats, monkeys
(nonhuman primate mammals), guinea pigs, hamsters, and
rabbits.
[Licenses to
dealers.] SEC. 3. The Secretary shall issue licenses to dealers
upon application therefor in such form and manner as he may
prescribe and upon payment of such fee established pursuant
to section 23 of this Act: Provided, That no such license
shall be issued until the dealer shall have demonstrated
that his facilities comply with the standards promulgated by
the Secretary pursuant to section 13 of this Act: Provided,
however, That any person who derives less than a substantial
portion of his income (as determined by the Secretary) from
the breeding and raising of dogs or cats on his own premises
and sells any such dog or cat to a dealer or research
facility shall not be required to obtain a license as a
dealer under this Act. The Secretary is further authorized
to license, as dealers within the meaning of this Act upon
such persons' complying with the requirements specified
above and agreeing, in writing, to comply with all the
requirements of this Act and the regulations promulgated by
the Secretary hereunder.
[License
requirements.] SEC. 4. No dealer shall sell or offer to sell or
transport or offer for transportation to any research
facility any dog or cat, or buy, sell, offer to buy or sell,
transport or offer for transportation in commerce to or from
another dealer under this Act any dog or cat, unless and
until such dealer shall have obtained a license from the
Secretary and such license shall not have been suspended or
revoked.
SEC. 5. No dealer shall sell or otherwise dispose of
any dog or cat within a period of five business days after
the acquisition of such animal or within such other period
as may be specified by the Secretary.
[Registration.] SEC. 6. Every research facility shall register with
the Secretary in accordance with such rules and regulations
as he may prescribe.
[Purchase
restrictions.] SEC. 7. It shall be unlawful for any research facility
to purchase any dog or cat from any person except a person
holding a valid license as a dealer issued by the Secretary
pursuant to this Act unless such person is exempted from
obtaining such license under section 3 of this Act.
[Transactions by
U.S. agencies.] SEC. 8. No department, agency, or instrumentality of
the United States which uses animals for research or
experimentation shall purchase or otherwise acquire any dog
or cat for such purposes from any person except a person
holding a valid license as a dealer issued by the Secretary
pursuant to this Act unless such person is exempted from
obtaining such license under section 3 of this Act.
[Enforcement.] SEC. 9. When construing or enforcing the provisions of
this Act, the act, omission, or failure of any individual
action for or employed by a research facility or a dealer,
or a person licensed as a dealer pursuant to the second
sentence of section 3, within the scope of his employment or
office, shall be deemed the act, omission, or failure of
such research facility, dealer, or other person as well as
of such individual.
[Recordkeeping.] SEC. 10. Research facilities and dealers shall make,
and retain for such reasonable period of time as the
Secretary may prescribe, such records with respect to the
purchase, sale, transportation, identification, and previous
ownership of dogs and cats but not monkeys, guinea pigs,
hamsters, or rabbits as the Secretary may prescribe, upon
forms supplied by the Secretary. Such records shall be made
available at all reasonable times for inspection by the
Secretary, by any Federal officer or employee designated by
the Secretary.
[Identification.] SEC. 11. All dogs and cats delivered for
transportation, transported, purchased, or sold in commerce
by any dealer shall be marked or identified at such time and
in such humane manner as the Secretary may prescribe.
[Humane standards,
promulgation. 80 STAT. 351.] SEC. 12. The Secretary is authorized to promulgate
humane standards and recordkeeping requirements governing
the purchase, handling, or sale of dogs or cats by dealers
or research facilities at auction sales.
[80 STAT. 352.] SEC. 13. The Secretary shall establish and promulgate
standards to govern the humane handling, care, treatment,
and transportation of animals by dealers and research
facilities. Such standards shall include minimum
requirements with respect to the housing, feeding, watering,
sanitation, ventilation, shelter from extremes of weather
and temperature, separation by species, and adequate
veterinary care. The foregoing shall not be construed as
authorizing the Secretary to prescribe standards for the
handling, care, or treatment of animals during actual
research or experimentation by research facility as
determined by such research facility.
[Compliance by
U.S. agencies.] SEC. 14. Any department, agency, or instrumentality of
the United States having laboratory animal facilities shall
comply with the standards promulgated by the Secretary for a
research facility under section 13.
SEC. 15. (a) The Secretary shall consult and cooperate
with other Federal departments, agencies, or
instrumentalities concerned with the welfare of animals used
for research or experimentation when establishing standards
pursuant to section 13 and in carrying out the purposes of
this Act.
(b) The Secretary is authorized to cooperate with the
officials of the various States or political subdivisions
thereof in effectuating the purposes of this Act and of any
State, local, or municipal legislation or ordinance on the
same subject.
[Investigations or inspections.] SEC. 16.
The Secretary shall make such investigations
or inspections as he deems necessary to determine whether
any dealer or research facility has violated or is violating
any provision of this Act or any regulation issued
thereunder. The Secretary shall promulgate such rules and
regulations as he deems necessary to permit inspectors to
confiscate or destroy in a humane manner any animals found
to be suffering as a result of a failure to comply with any
provision of this Act or any regulation issued thereunder if
(1) such animals are held by a dealer, or (2) such animals
are held by a research facility and are no longer required
by such research facility to carry out the research, test,
or experiment for which such animals have been utilized.
SEC. 17. The Secretary shall issue rules and
regulations requiring licensed dealers and research
facilities to permit inspection of their animals and records
at reasonable hours upon request by legally constituted law
enforcement agencies in search of lost animals.
SEC. 18. Nothing in this Act shall be construed as
authorizing the Secretary to promulgate rules, regulations,
or orders for the handling, care, treatment, or inspection
of animals during actual research or experimentation by a
research facility as determined by such research facility.
[Suspension of dealer's license.] SEC. 19. (a) If the Secretary has reason to believe
that any person licensed as a dealer has violated or is
violating any provision of this Act or any of the rules or
regulations promulgated by the Secretary hereunder, the
Secretary may suspend such person's license temporarily, but
not to exceed twenty-one days, and, after notice and
opportunity for hearing, may suspend for such additional
period as he may specify or revoke such license, if such
violation is determined to have occurred and may make an
order that such person shall cease and desist from
continuing such violation.
[Judicial review. 60 STAT. 243. 80 STAT. 352.] (b) Any dealer aggrieved by a final order of the
Secretary issued pursuant to subsection (a) of this section
may, within sixty days after entry of such an order, seek
review of such order in the manner provided in section 10 of
the Administrative Procedure Act (5 U.S.C. 1009).
[80 STAT. 353.] (c) Any dealer who violates any provision of this Act
shall, on conviction thereof, be subject to imprisonment for
not more than one year or a fine of not more than $1,000, or
both.
[Violations by research facilities. Penalty.] SEC. 20. (a) If the Secretary has reason to believe
that any research facility has violated or is violating any
provision of this Act or any of the rules or regulations
promulgated by the Secretary hereunder and if, after notice
and opportunity for hearing, he finds a violation, he may
make an order that such research facility shall cease and
desist from continuing such violation. Such cease and
desist order shall become effective fifteen days after
issuance of the order. Any research facility which
knowingly fails to obey a cease-and-desist order made by the
Secretary under this section shall be subject to a civil
penalty of $500 for each offense, and each day during which
such failure continues shall be deemed a separate offense.
[Judicial review. 60 STAT. 243] (b) Any research facility aggrieved by a final order of
the Secretary issued pursuant to subsection (a) of this
section may, within sixty days after entry of such order,
seek review of such order in the district court for the
district in which such research facility is located in the
manner provided in section 10 of the Administrative
Procedure Act (5 U.S.C. 1009).
[Rules and regulations.] SEC. 21. The Secretary is authorized to promulgate
such rules, regulations, and orders as he may deem necessary
in order to effectuate the proposes of this Act.
SEC. 22. If any provision of this Act or the
application of any such provision to any person of
circumstances shall be held invalid, the remainder of this
Act and the application of any such provision to persons or
circumstances other than those as to which it is held
invalid shall not be affected thereby.
[License fees. Appropriation.] SEC. 23. The Secretary shall charge, assess, and cause
to be collected reasonable fees for licenses issued. Such
fees shall be adjusted on an equitable basis taking into
consideration the type and nature of the operations to be
licensed and shall be deposited and covered into the
Treasury as miscellaneous receipts. There are hereby
authorized to be appropriated such funds as Congress may
from time to time provide.
[Effective dates.] SEC. 24.
The regulations referred to in section 10 and
section 13 shall be prescribed by the Secretary as soon as
reasonable but not later than six months from the date of
enactment of this Act. Additions and amendments thereto may
be prescribed from time to time as may be necessary or
advisable. Compliance by dealers with the provisions of
this Act and such regulations shall commence ninety days
after the promulgation of such regulation. Compliance by
research facilities with the provisions of this Act and such
regulations shall commence six months after the promulgation
of such regulations, except that the Secretary may grant
extensions of time to research facilities which do not
comply with the standards prescribed by the Secretary
pursuant to section 13 of this Act provided that the
Secretary determines that there is evidence that the
research facilities will meet such standards within a
reasonable time.
Approved August 24, 1966.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 1418 (Comm. on Agriculture) and No. 1848
(Comm. of Conference).
SENATE REPORT No. 1281 (Comm. on Commerce).
CONGRESSIONAL RECORD, Vol. 112 (1966):
Apr. 28: Considered and passed House.
June 22: Considered and passed Senate, amended.
Aug. 16: House agreed to conference report.
Aug. 17: Senate agreed to conference report.