7 U.S.C. § 2145
Consultation and cooperation with Federal, State, and local governmental bodies by Secretary of Agriculture
1995—Subsec. (a). Pub. L. 104–88 substituted “Surface Transportation Board” for “Interstate Commerce Commission” in last sentence.
1985—Subsec. (a). Pub. L. 99–198 inserted provision requiring that the Secretary consult with the Secretary of Health and Human Services prior to the issuance of regulations.
1984—Subsec. (a). Pub. L. 98–443 substituted “the Secretary of Transportation” for “the Civil Aeronautics Board”.
1976—Subsec. (a). Pub. L. 94–279 inserted “, or administration of statutes regulating the transportation in commerce or handling in connection therewith of any animals” after “exhibition”, and inserted provisions requiring the Secretary, prior to promulgating standards governing air transportation of animals in commerce, to consult with the specified Federal agencies concerned.
1970—Subsec. (a). Pub. L. 91–579, § 16(1), inserted reference to exhibition of animals.
Subsec. (b). Pub. L. 91–579, § 16(2), substituted “carrying out” for “effectuating”.
Amendment by Pub. L. 104–88 effective
Amendment by Pub. L. 99–198 effective one year after
Amendment by Pub. L. 98–443 effective
Amendment by Pub. L. 91–579 effective one year after
Notes of Decisions
Cited in 13
cases (2 in the last 5 years), 1977–2024 · leading case: New York Pet Welfare Ass'n, Inc. v. New York City, 850 F.3d 79 (2d Cir. 2017).
New York Pet Welfare Ass'n, Inc. v. New York City, 850 F.3d 79 (2d Cir. 2017). “350 , 352 (codified as amended at 7 U.S.C. § 2145 (b)). Moreover, in 1985, Congress directed that the federal standards applicable to dealers under the AWA “shall not prohibit any State .”
Chris T. Dehart v. Town of Austin, Indiana, 39 F.3d 718 (7th Cir. 1994). “” 7 U.S.C. § 2145 (b). In addition, § 2143(a)(8) provides that the statutory authority delegated to the Secretary of Agriculture to “promulgate standards to govern the humane handling, care, treatment, and transportation of animals by dealers, research facilities, and…”
New York Pet Welfare Ass'n v. City of New York, 143 F. Supp. 3d 50 (E.D.N.Y 2015). “”); 7 U.S.C. § 2145 (b) (“The Secretary is authorized to cooperate with- the officials of the various States or political subdivisions thereof in carrying out the purposes of this chapter and of any State, local, or municipal legislation or ordinance on the same subject.”
Commonwealth v. Reynolds, 876 A.2d 1088 (Pa. Commw. Ct. 2005). “See also Section 15(b) of the Animal Welfare Act, 7 U.S.C. § 2145 (b) ("[T]he Secretary is authorized to cooperate with the officials of the various States or political subdivisions thereof in carrying out the purposes of this chapter and of any State, local, or municipal…”
Good v. Zoning Hearing Bd. of Heidelberg Twp., 967 A.2d 421 (Pa. Commw. Ct. 2009). “” 7 U.S.C. § 2145 (b). Based on this statutory language, we conclude that neither express nor field preemption applies.”
Zimmerman v. Wolff, 622 F. Supp. 2d 240 (E.D. Pa. 2008). “" 7 U.S.C. § 2145 (b). In addition, § 2143(a)(8) provides that the statutory authority delegated to the Secretary of Agriculture to "promulgate standards to govern the humane handling, care, treatment, and transportation of animals by dealers, research facilities, and…”
Winkler v. Colorado Dept. of Health, 564 P.2d 107 (Colo. 1977). “) 7 U.S.C. § 2145 (b) (1970). Given the different purposes behind the federal statute (preventing pet thievary and inhumane research) and the Colorado regulations (public health), and the clear expressions of Congressional intent to foster cooperation with state interests under…”
Winkler v. Colorado Dep't of Health, 564 P.2d 107 (Colo. 1977). “) 7 U.S.C. § 2145 (b) (1970). Given the different purposes behind the federal statute (preventing pet thievery and inhumane research) and the Colorado regulations (public health), and the clear expressions of Congressional intent to foster cooperation with state interests under…”
Hendricks Cnty. Bd. Zoning Appeals v. Barlow, 656 N.E.2d 481 (Ind. Ct. App. 1995). “For example, the Act declares that "[t]he Secretary is authorized to cooperate with the officials of the various States or political subdivisions thereof in carrying out the purposes of this chapter and of any State, local, or municipal legislation or ordinance on the same…”
Hendricks Cnty. Bd. of Zoning Appeals v. Barlow, 656 N.E.2d 481 (Ind. Ct. App. 1995). “" 7 U.S.C. § 2145 (b). Moreover, the Act provides that the statutory authority delegated to the See-retary of Agriculture to "promulgate standards to govern the humane handling, care, treatment, and transportation of animals by dealers, research facilities, and exhibitors," see…”
New England Anti-Vivisection Soc'y v. Goldentyer (D. Maryland 2023). “38-1 at 30; citing 7 U.S.C. § 2145 (a).) While Plaintiffs’ Petition does not expressly state that NIH viewed existing regulations as insufficient, Plaintiffs plainly rely on the new NIH recommendations throughout their Petition as demonstration that a sister agency felt it…”
People for the Ethical Treatment of Animals v. Bd. of Supervisors of Louisiana State Univ. & Thomas Galligan, Individually & in His Capacity of President of Louisiana State Univ. (La. 2024). “§ 2143 (a)(8) (providing that the AWA “shall not prohibit any State (or a political subdivision of such State) from promulgating standards [for the humane handling, care, treatment, and transportation of animals] in addition to those standards promulgated” by the Secretary of…”
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