U.S. Code » Title 7 » Chapter CHAPTER 54— TRANSPORTATION, SALE, AND HANDLING OF CERTAIN ANIMALS

7 U.S.C. § 2145

Consultation and cooperation with Federal, State, and local governmental bodies by Secretary of Agriculture

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(a) The Secretary shall consult and cooperate with other Federal departments, agencies, or instrumentalities concerned with the welfare of animals used for research, experimentation or exhibition, or administration of statutes regulating the transportation in commerce or handling in connection therewith of any animals when establishing standards pursuant to section 2143 of this title and in carrying out the purposes of this chapter. The Secretary shall consult with the Secretary of Health and Human Services prior to issuance of regulations. Before promulgating any standard governing the air transportation and handling in connection therewith, of animals, the Secretary shall consult with the Secretary of Transportation who shall have the authority to disapprove any such standard if he notifies the Secretary, within 30 days after such consultation, that changes in its provisions are necessary in the interest of flight safety. The Surface Transportation Board, the Secretary of Transportation, and the Federal Maritime Commission, to the extent of their respective lawful authorities, shall take such action as is appropriate to implement any standard established by the Secretary with respect to a person subject to regulation by it.(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.(Pub. L. 89–544, § 15, Aug. 24, 1966, 80 Stat. 352; Pub. L. 91–579, § 16, Dec. 24, 1970, 84 Stat. 1563; Pub. L. 94–279, § 11, Apr. 22, 1976, 90 Stat. 419; Pub. L. 98–443, § 9(i), Oct. 4, 1984, 98 Stat. 1708; Pub. L. 99–198, title XVII, § 1757, Dec. 23, 1985, 99 Stat. 1650; Pub. L. 104–88, title III, § 312, Dec. 29, 1995, 109 Stat. 948.)Editorial NotesAmendments

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”.

Statutory Notes and Related SubsidiariesEffective Date of 1995 Amendment

Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transportation.

Effective Date of 1985 Amendment

Amendment by Pub. L. 99–198 effective one year after Dec. 23, 1985, see section 1759 of Pub. L. 99–198, set out as a note under section 2131 of this title.

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–443 effective Jan. 1, 1985, see section 9(v) of Pub. L. 98–443, set out as a note under section 5314 of Title 5, Government Organization and Employees.

Effective Date of 1970 Amendment

Amendment by Pub. L. 91–579 effective one year after Dec. 24, 1970, see section 23 of Pub. L. 91–579, set out as a note under section 2131 of this title.

Notes of Decisions
Cited in 13 cases (2 in the last 5 years), 1977–2024 · leading case: New York Pet Welfare Ass'n v. New York City, 850 F.3d 79 (2d Cir. 2017).
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New York Pet Welfare Ass'n v. New York City, 850 F.3d 79 (2d Cir. 2017). · cites it 2× “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, 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). · cites it 2× “”); 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, No. 8:20-cv-02004 (D. Md. Mar. 23, 2023). · cites it 2× “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, No. 2023-C-01396 (La. June 28, 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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