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U.S. Code as of:
01/03/05
Section 2158. Protection of pets
(a) Holding period
(1) Requirement
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) Entities described
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) Certification
(1) In general
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) of this section.
(2) Requirements
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) of this section; and
(G) any other information that the Secretary of Agriculture
by regulation shall determine appropriate.
(3) Records
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) Transfers
In instances where one research facility transfers animals to
another research facility a copy of the certificate must
accompany such transfer.
(5) Modification
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) Enforcement
(1) In general
Dealers who fail to act according to the requirements of this
section or who include false information in the certification
required under subsection (b) of this section, shall be subject
to the penalties provided for under section 2149 of this title.
(2) Subsequent violations
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) Permanent revocations
Any dealer who violates this section three or more times shall
have such dealers license permanently revoked.
(d) Regulation
Not later than 180 days after November 28, 1990, the Secretary
shall promulgate regulations to carry out this section.
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