The Secretary shall issue licenses to dealers and exhibitors upon application therefor in such form and manner as he may prescribe and upon payment of such fee established pursuant to 2153 of this title: Provided, That no such license shall be issued until the dealer or exhibitor shall have demonstrated that his facilities comply with the standards promulgated by the Secretary pursuant to section 2143 of this title: Provided, however, That a dealer or exhibitor shall not be required to obtain a license as a dealer or exhibitor under this chapter if the size of the business is determined by the Secretary to be de minimis. The Secretary is further authorized to license, as dealers or exhibitors, persons who do not qualify as dealers or exhibitors within the meaning of this chapter upon such persons’ complying with the requirements specified above and agreeing, in writing, to comply with all the requirements of this chapter and the regulations promulgated by the Secretary hereunder.
Notes of Decisions
Animal Legal Def. Fund v. Sonny Perdue, 872 F.3d 602 (D.C. Cir. 2017).
· cites it 16× “7 U.S.C. § 2133 (2012). The Act directs the Secretary of Agriculture (“Secretary”) to promulgate regulations governing minimum animal housing and care standards, id.”
Animal Legal Def. Fund v. U.S. Dep't of Agric., 789 F.3d 1206 (11th Cir. 2015).
· cites it 8× “While 7 U.S.C. § 2133 requires a demonstration of compliance with the Secretary’s standards before “such license shall be issued,” USDA asserted the AWA is silent as to any requirements for renewal of a license already issued.”
United States v. Gibert, 677 F.3d 613 (4th Cir. 2012).
· cites it 2× “In its current form, the AWA is a comprehensive regulatory scheme which covers, among other things, the licensing of certain animal dealers and exhibitors ( 7 U.S.C. § 2133 ), the marking and identification of, and recordkeeping concerning, animals sold in commerce ( 7 U.”
Animal Legal Def. Fund v. Vilsack, 169 F. Supp. 3d 6 (D.D.C. 2016).
· cites it 2× “] 7 U.S.C. § 2133 (emphasis added). As referenced in this provision, section 2143 includes various substantive requirements for the “humane handling, care, treatment, and transportation of animals.”
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× “7 U.S.C. § 2133 . To facilitate compliance with the Act (and the standards promulgated thereunder), agents of the Secretary are authorized to inspect each dealer’s facilities, animals, and records concerning the transportation, receiving, handling, and delivery of the animals.”
State v. DeFrancesco, 668 A.2d 348 (Conn. 1995).
“7 U.S.C. § 2133 (1993); 9 C.F.R. §§ 2.1 through 2.”
Morgan v. Kroupa, 702 A.2d 630 (Vt. 1997).
· cites it 2× “7 U.S.C. §§ 2133 , 2134, 2136, 2140 (1988).”
Graham v. San Antonio Zoological Soc'y, 261 F. Supp. 3d 711 (W.D. Tex. 2017).
“7 U.S.C. § 2133 , 2146. APHIS is a *738 wing of the USDA that is tasked with carrying out many of these administrative, regulatory, and enforcement functions.”
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