7 U.S.C. § 2140

Recordkeeping by dealers, exhibitors, research facilities, intermediate handlers, and carriers

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Dealers and exhibitors shall make and retain for such reasonable period of time as the Secretary may prescribe, such records with respect to the purchase, sale, transportation, identification, and previous ownership of animals as the Secretary may prescribe. Research facilities shall make and retain such records only with respect to the purchase, sale, transportation, identification, and previous ownership of live dogs and cats. At the request of the Secretary, any regulatory agency of the Federal Government which requires records to be maintained by intermediate handlers and carriers with respect to the transportation, receiving, handling, and delivery of animals on forms prescribed by the agency, shall require there to be included in such forms, and intermediate handlers and carriers shall include in such forms, such information as the Secretary may require for the effective administration of this chapter. Such information shall be retained for such reasonable period of time as the Secretary may prescribe. If regulatory agencies of the Federal Government do not prescribe requirements for any such forms, intermediate handlers and carriers shall make and retain for such reasonable period  as  the  Secretary  may  prescribe  such records with respect to the transportation, receiving, handling, and delivery of animals as the Secretary may prescribe. Such records shall be made available at all reasonable times for inspection and copying by the Secretary.

Notes of Decisions

Cited in 9 cases (2 in the last 5 years), 1979–2024 · leading case: 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).

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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. § 2140 ; 9 C.F.R. § 2.75 . And he is subject to loss of his license, 7 U.”

Animal Legal Def. Fund, Inc. v. Mike Espy, in His Off. Capacity as Sec'y, United States Dep't of Agric., 23 F.3d 496 (D.C. Cir. 1994). “§§ 2133-2134 , and instructs the Secretary to promulgate standards for humane care of animals and record-keeping by dealers, exhibitors and research facilities, 7 U.S.C. §§ 2140 , 2143. The statute further provides for inspections and investigations by the Secretary, 7 U.”

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× “101 , 3 failure to hold dogs at least five days after acquisition; (3) fifteen violations of 7 U.S.C. § 2140 and 9 C.F.R. § 2.75 , 4 failure to maintain accurate records; 5 and (4) one violation 6 of 7 U.”

People for the Ethical Treatment of Animals, Inc. v. United States Dep't of Agric., 194 F. Supp. 3d 404 (E.D.N.C. 2016). “Standards for humane handling, care, treatment, and transportation must include minimum requirements for “handling, housing, féeding, watering, sanitation, ventilation, shelter[,] ,.”

Citizens for Alternatives to Animal Labs, Inc. v. Bd. of Trs., 240 A.D.2d 490 (N.Y. App. Div. 1997). “) (hereinafter FOIL) to records maintained by the appellant State University of New York Health Science Center at Brooklyn.”

United States v. Lowe (E.D. Okla. 2021). “7 U.S.C. §§ 2140 , 2143; 9 C.F.R. §§ 2.8 , 2.”

United States v. Mt. Hope Auction, Co. (N.D. Ohio 2024). “Hope facilities, animals, and records, without interference, threats, or harassment during any business hours, including all days of the Alternative Animal Auction, any days prior to the Auction when consignment of animals is allowed, and for five days after the last day of the…”

Hodgins v. United States Dep't of Agric., 33 F. App'x 784 (6th Cir. 2002). “On remand, the Secretary ruled that Hod-gins Kennels committed five violations of the relevant recordkeeping provisions, 7 U.S.C. § 2140 and 9 C.F.R. § 2.75 . 2. Structural Requirements We recounted the Department’s factual findings regarding structural violations, detailing:…”

Application of Animal Welfare Act to Instrastate Activity (OLC 1979). “§ 2134 (transporta tion o f animals); § 11, 7 U.S.C. § 2140 (identification of animals for transportation).”

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