9 C.F.R. § 2.132

Procurement of dogs, cats, and other animals; dealers

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(a) A class “B” dealer may obtain live random source dogs and cats only from:

(1) Other dealers who are licensed under the Act and in accordance with the regulations in part 2;

(2) State, county, or city owned and operated animal pounds or shelters; and

(3) A legal entity organized and operated under the laws of the State in which it is located as an animal pound or shelter, such as a humane shelter or contract pound.

(b) No person shall obtain live dogs, cats, or other animals by use of false pretenses, misrepresentation, or deception.

(c) Any dealer, exhibitor, research facility, carrier, or intermediate handler who also operates a private or contract animal pound or shelter shall comply with the following:

(1) The animal pound or shelter shall be located on premises that are physically separated from the licensed or registered facility. The animal housing facility of the pound or shelter shall not be adjacent to the licensed or registered facility.

(2) Accurate and complete records shall be separately maintained by the licensee or registrant and by the pound or shelter. The records shall be in accordance with §§ 2.75 and 2.76, unless the animals are lost or stray. If the animals are lost or stray, the pound or shelter records shall provide:

(i) An accurate description of the animal;

(ii) How, where, from whom, and when the dog or cat was obtained;

(iii) How long the dog or cat was held by the pound or shelter before being transferred to the dealer; and

(iv) The date the dog or cat was transferred to the dealer.

(3) Any dealer who obtains or acquires a live dog or cat from a private or contract pound or shelter, including a pound or shelter he or she operates, shall hold the dog or cat for a period of at least 10 full days, not including the day of acquisition, excluding time in transit, after acquiring the animal, and otherwise in accordance with § 2.101.

(d) No dealer or exhibitor shall knowingly obtain any dog, cat, or other animal from any person who is required to be licensed but who does not hold a current, valid, and unsuspended license. No dealer or exhibitor shall knowingly obtain any dog or cat from any person who is not licensed, other than a pound or shelter, without obtaining a certification that the animals were born and raised on that person's premises and, if the animals are for research purposes, that the person has sold fewer than 25 dogs and/or cats that year, or, if the animals are for use as pets, that the person does not maintain more than four breeding female dogs and/or cats.

(Approved by the Office of Management and Budget under control number 0579-0036) [54 FR 36147, Aug. 31, 1989, as amended at 69 FR 42102, July 14, 2004; 80 FR 3463, Jan. 23, 2015; 85 FR 28798, May 13, 2020]

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1997–2024 · leading case: Woudenberg v. United States Dep't of Agric., 794 F.3d 595 (6th Cir. 2015).

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Woudenberg v. United States Dep't of Agric., 794 F.3d 595 (6th Cir. 2015). · cites it 14× “” 9 C.F.R. § 2.132 (d). The question in this case is whether there is a violation when the dealer obtains the required certification, but the certification is false.”

Phillips v. Ingham Cnty., 371 F. Supp. 2d 918 (W.D. Mich. 2005). · cites it 2× “” 9 C.F.R. § 2.132 (e). Likewise, they were significant under state law because owners and non-owners are subject to different legal requirements when redeeming an animal.”

James Woudenberg v. AGRI (6th Cir. 2015). · cites it 13× “” 9 C.F.R. § 2.132 (d). The question in this case is whether there is a violation when the dealer obtains the required certification, but the certification is false.”

United States v. Mt. Hope Auction, Co. (N.D. Ohio 2024). “Comply with 9 C.F.R. § 2.132 (d) by ensuring that no animal is accepted for consignment from an individual who is required to hold a valid USDA license but does not have one; 5.”

Julian Toney & Anita L. Toney v. Dan Glickman, Sec'y of the United States Dep't of Agric., 101 F.3d 1236 (8th Cir. 1997). “9 C.F.R. § 2.132 . As to the Marceline pound, the Toneys claim that the dogs came from a veterinary facility which held them while the town pound was closed.”

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.