9 C.F.R. § 2.129

Confiscation and destruction of animals

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(a) If an animal being held by a dealer, exhibitor, intermediate handler, or by a carrier is found by an APHIS official to be suffering as a result of the failure of the dealer, exhibitor, intermediate handler, or carrier to comply with any provision of the regulations or the standards set forth in this subchapter, the APHIS official shall make a reasonable effort to notify the dealer, exhibitor, intermediate handler, or carrier of the condition of the animal(s) and request that the condition be corrected and that adequate care be given to alleviate the animal's suffering or distress, or that the animal(s) be destroyed by euthanasia. In the event that the dealer, exhibitor, intermediate handler, or carrier refuses to comply with this request, the APHIS official may confiscate the animal(s) for care, treatment, or disposal as indicated in paragraph (b) of this section, if, in the opinion of the Administrator, the circumstances indicate the animal's health is in danger.

(b) In the event that the APHIS official is unable to locate or notify the dealer, exhibitor, intermediate handler, or carrier as required in this section, the APHIS official shall contact a local police or other law officer to accompany him to the premises and shall provide for adequate care when necessary to alleviate the animal's suffering. If in the opinion of the Administrator, the condition of the animal(s) cannot be corrected by this temporary care, the APHIS official shall confiscate the animals.

(1) Placed, by sale or donation, with other licensees or registrants that comply with the standards and regulations and can provide proper care; or

(2) Placed with persons or facilities that can offer a level of care equal to or exceeding the standards and regulations, as determined by APHIS, even if the persons or facilities are not licensed by or registered with APHIS; or

(3) Euthanized.

(d) The dealer, exhibitor, intermediate handler, or carrier from whom the animals were confiscated must bear all costs incurred in performing the placement or euthanasia activities authorized by this section.

[54 FR 36147, Aug. 31, 1989, as amended at 66 FR 239, Jan. 3, 2001]

Notes of Decisions

Cited in 4 cases, 2014–2018 · 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. § 2.129 (a). Then, if the exhibitor “refuses to comply with this request, the APHIS official may confiscate the animal(s) for care, treatment, or disposal .”

Animal Legal Def. Fund v. United States Dep't of Agric. (D.D.C. 2018). “1 9 C.F.R. § 2.129 . Responding to USDA’s rebuttal that § 2146(a) authority is inapposite in a § 2149 enforcement proceeding, ALDF notes that: (1) § 2146(a) is a broad grant of regulatory discretion that does not foreclose the delegation of confiscation authority to the 1 USDA…”

Animal Legal Def. Fund, Inc. v. Perdue, 346 F. Supp. 3d 153 (D.C. Cir. 2018). “1 9 C.F.R. § 2.129 . Responding to USDA's rebuttal that § 2146(a) authority is inapposite in a § 2149 enforcement proceeding, ALDF notes that: (1) § 2146(a) is a broad grant of regulatory discretion that does not foreclose the delegation of confiscation authority to the ALJ; (2)…”

Hope Knaust v. U.S. Dept of Agric., 589 F. App'x 698 (5th Cir. 2014). “” 11 The Secretary created an enforcement regulation allowing for the confiscation of animals by APHIS agents in 9 C.F.R. § 2.129 ; part (a) of the regulation states, in pertinent part: If an animal being held by a dealer, exhibitor, intermediate handler, or by a carrier is…”

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