C.F.R. » Title 9 » CHAPTER I—ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE › SUBCHAPTER A—ANIMAL WELFARE › PART 2—REGULATIONS › Subpart I—Miscellaneous

9 C.F.R. § 2.126

Access and inspection of records and property; submission of itineraries

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(a) Each dealer, exhibitor, intermediate handler, or carrier, shall, during business hours, allow APHIS officials:

(1) To enter its place of business;

(2) To examine records required to be kept by the Act and the regulations in this part;

(3) To make copies of the records;

(4) To inspect and photograph the facilities, property and animals, as the APHIS officials consider necessary to enforce the provisions of the Act, the regulations and the standards in this subchapter; and

(5) To document, by the taking of photographs and other means, conditions and areas of noncompliance.

(b) The use of a room, table, or other facilities necessary for the proper examination of the records and inspection of the property or animals must be extended to APHIS officials by the dealer, exhibitor, intermediate handler or carrier, and a responsible adult shall be made available to accompany APHIS officials during the inspection process.

(c) Any person who is subject to the Animal Welfare regulations and who intends to exhibit any animal at any location other than the person's approved site (including, but not limited to, circuses, traveling educational exhibits, animal acts, and petting zoos), except for travel that does not extend overnight, shall submit a written itinerary to the Deputy Administrator. The itinerary shall be received by the Deputy Administrator no fewer than 2 days in advance of any travel and shall contain complete and accurate information concerning the whereabouts of any animal intended for exhibition at any location other than the person's approved site. If the exhibitor accepts an engagement for which travel will begin with less than 48 hours' notice, the exhibitor shall immediately contact the Deputy Administrator in writing with the required information. APHIS expects such situations to occur infrequently, and exhibitors who repeatedly provide less than 48 hours' notice will, after notice by APHIS, be subject to increased scrutiny under the Act.

(1) The itinerary shall include the following:

(i) The name of the person who intends to exhibit the animal and transport the animal for exhibition purposes, including any business name and current Act license or registration number and, in the event that any animal is leased, borrowed, loaned, or under some similar arrangement, the name of the person who owns such animal;

(ii) The name, identification number or identifying characteristics, species (common or scientific name), sex and age of each animal; and

(iii) The names, dates, and locations (with addresses) where the animals will travel, be housed, and be exhibited, including all anticipated dates and locations (with addresses) for any stops and layovers that allow or require removal of the animals from the transport enclosures. Unanticipated delays of such length shall be reported to the Deputy Administrator the next APHIS business day. APHIS Regional offices are available each weekday, except on Federal holidays, from 8 a.m. to 5 p.m.

(2) The itinerary shall be revised as necessary, and the Deputy Administrator shall be notified of any changes. If initial notification of a change due to an emergency is made by a means other than email or facsimile, it shall be followed by written documentation at the earliest possible time. For changes that occur after normal APHIS business hours, the change shall be conveyed to the Deputy Administrator no later than the following APHIS business day. APHIS Regional offices are available each weekday, except on Federal holidays, from 8 a.m. to 5 p.m.

(Approved by the Office of Management and Budget under control numbers 0579-0036 and 0579-0486) [54 FR 36147, Aug. 31, 1989, as amended at 69 FR 42102, July 14, 2004; 77 FR 76814, Dec. 31, 2012; 85 FR 28798, May 13, 2020; 88 FR 10714, Feb. 21, 2023]
Notes of Decisions
Cited in 11 cases (2 in the last 5 years), 1991–2024 · leading case: Big Cats of Serenity Springs, Inc. v. Rhodes, 843 F.3d 853 (10th Cir. 2016).
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Big Cats of Serenity Springs, Inc. v. Rhodes, 843 F.3d 853 (10th Cir. 2016). · cites it 3× “” 9 C.F.R. § 2.126 . Violations by licensees, whether by providing substandard care or refusing inspection, are sanctioned through an administrative process.”
New York Pet Welfare Ass'n, Inc. v. New York City, 850 F.3d 79 (2d Cir. 2017). “See 9 C.F.R. § 2.126 . Indeed, the portion of the statute captioned “Administration and enforcement” deals exclusively with empowering the Secretary to inspect and otherwise investigate regulated parties.”
Big Cats of Serenity Springs, Inc. v. Vilsack, 84 F. Supp. 3d 1179 (D. Colo. 2015). · cites it 6× “at 14 (quoting 9 C.F.R. § 2.126 (b) and Guide [# 1-1] § 9.”
Craig Lesser & Marilyn S. Lesser, Doing Bus. as Lsr Indus., Inc. v. Michael Espy, Sec'y of Agric., 34 F.3d 1301 (7th Cir. 1994). · cites it 2× “9 C.F.R. § 2.126 . Finally, the Act and regulations also limit the time, place, and scope of the inspections.”
E. Lee Cox & Becky Cox, D/B/A Pixy Pals Kennel v. United States Dep't of Agric., 925 F.2d 1102 (8th Cir. 1991). · cites it 2× “The AU ordered the Coxes to cease and desist from these violations, imposed a $12,000 fine on them, and suspended their license for ninety days.”
Pearson v. United States Dep't of Agric., 411 F. App'x 866 (6th Cir. 2011). · cites it 2× “126(a) of the Regulations ( 9 C.F.R. § 2.126 (a)) (August 27, 2002, May 5, 2003, and May 11, 2005); $2,000 for housing animals at unapproved locations on January 18, 2004, in violation of section 2.”
Daul v. Meckus, 897 F. Supp. 606 (D.D.C. 1995). · cites it 2× “§§ 2134 , 2146(a); 9 C.F.R. § 2.126 (1985). The complaint informed him that rules and regulations of the USDA required him to file an answer within 20 days of the receipt of the complaint, that failure to file an answer or plead specifically to any allegation would constitute an…”
Hawthorn Corp. v. United States, 98 F. Supp. 3d 1226 (M.D. Fla. 2015). “9 C.F.R. 2.126, effective January 30, 2013, provides: § 2.”
Douglas Terranova v. AGRI (5th Cir. 2020). · cites it 2× “§ 2146 (a) and 9 C.F.R. § 2.126 (a) by failing to have a responsible person available to provide access to APHIS officials to conduct compliance investigations; (2) September 28, 2012 violation of 7 U.”
United States v. Weaver (E.D. Okla. 2024). · cites it 2× “§ 2146 (setting forth provisions for AWA administration and enforcement by the USDA); 9 C.F.R. § 2.126 (setting forth facility access and inspection requirements for dealers under the AWA).”
United States v. Mt. Hope Auction, Co. (N.D. Ohio 2024). “§§ 2140 , 2146(a) and 9 C.F.R. §§ 2.126 (a), 2.4. IT IS SO ORDERED.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.