7 U.S.C. § 2146

Administration and enforcement by Secretary

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(a) Investigations and inspections

The Secretary shall make such investigations or inspections as he deems necessary to determine whether any dealer, exhibitor, intermediate handler, carrier, research facility, or operator of an auction sale subject to section 2142 of this title, has violated or is violating any provision of this chapter or any regulation or standard issued thereunder, and for such purposes, the Secretary shall, at all reasonable times, have access to the places of business and the facilities, animals, and those records required to be kept pursuant to section 2140 of this title of any such dealer, exhibitor, intermediate handler, carrier, research facility, or operator of an auction sale. The Secretary shall inspect each research facility at least once each year and, in the case of deficiencies or deviations from the standards promulgated under this chapter, shall conduct such follow-up inspections as may be necessary until all deficiencies or deviations from such standards are corrected. The Secretary shall promulgate such rules and regulations as he deems necessary to permit inspectors to confiscate or destroy in a humane manner any animal found to be suffering as a result of a failure to comply with any provision of this chapter or any regulation or standard issued thereunder if (1) such animal is held by a dealer, (2) such animal is held by an exhibitor, (3) such animal is held by a research facility and is no longer required by such research facility to carry out the research, test, or experiment for which such animal has been utilized, (4) such animal is held by an operator of an auction sale, or (5) such animal is held by an intermediate handler or a carrier.

(b) Penalties for interfering with official duties

Any person who forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person while engaged in or on account of the performance of his official duties under this chapter shall be fined not more than $5,000, or imprisoned not more than three years, or both. Whoever, in the commission of such acts, uses a deadly or dangerous weapon shall be fined not more than $10,000, or imprisoned not more than ten years, or both. Whoever kills any person while engaged in or on account of the performance of his official duties under this chapter shall be punished as provided under sections 1111 and 1114 of title 18.

For the efficient administration and enforcement of this chapter and the regulations and standards promulgated under this chapter, the provisions (including penalties) of sections 46, 48, 49 and 50 of title 15 (except paragraph (c) through (h) of section 46 and the last paragraph of section 49 11 See References in Text note below. of title 15), and the provisions of Title II of the Organized Crime Control Act of 1970, are made applicable to the jurisdiction, powers, and duties of the Secretary in administering and enforcing the provisions of this chapter and to any person, firm, or corporation with respect to whom such authority is exercised. The Secretary may prosecute any inquiry necessary to his duties under this chapter in any part of the United States, including any territory, or possession thereof, the District of Columbia, or the Commonwealth of Puerto Rico. The powers conferred by said sections 49 and 50 of title 15 on the district courts of the United States may be exercised for the purposes of this chapter by any district court of the United States. The United States district courts, the District Court of Guam, the District Court of the Virgin Islands, the highest court of American Samoa, and the United States courts of the other territories, are vested with jurisdiction specifically to enforce, and to prevent and restrain violations of this chapter, and shall have jurisdiction in all other kinds of cases arising under this chapter, except as provided in section 2149(c) of this title.

(Pub. L. 89–544, § 16, Aug. 24, 1966, 80 Stat. 352; Pub. L. 91–579, § 17, Dec. 24, 1970, 84 Stat. 1563; Pub. L. 94–279, § 12, Apr. 22, 1976, 90 Stat. 420; Pub. L. 99–198, title XVII, § 1753, Dec. 23, 1985, 99 Stat. 1649; Pub. L. 101–624, title XXV, § 2503(1), Nov. 28, 1990, 104 Stat. 4066.)Editorial NotesReferences in Text

The last paragraph of section 49 of title 15, referred to in subsec. (c), which related to immunity of witnesses, was repealed by section 211 of Pub. L. 91–452, Oct. 15, 1970, title II, 84 Stat. 929. For provisions relating to immunity of witnesses, see section 6001 et seq. of Title 18, Crimes and Criminal Procedure.

Title II of the Organized Crime Control Act of 1970, referred to in subsec. (c), is title II of Pub. L. 91–452, Oct. 15, 1970, 84 Stat. 926, which created a general Federal immunity statute set out in section 6001 et seq. of Title 18, and repealed the individual immunity provisions formerly contained in various Federal regulatory schemes.

Amendments

1990—Subsec. (c). Pub. L. 101–624 inserted “and the regulations and standards promulgated under this chapter” after first reference to “this chapter”.

1985—Subsec. (a). Pub. L. 99–198 inserted provision directing Secretary to inspect each research facility at least once each year and, in case of deficiencies or deviations from standards promulgated under this chapter, conduct such follow-up inspections as may be necessary until all deficiencies or deviations from such standards are corrected.

1976—Subsec. (a). Pub. L. 94–279, § 12(a), inserted “intermediate handler, carrier,” after “dealer, exhibitor,” and inserted “or (5) such animal is held by an intermediate handler or a carrier” after “an auction sale”.

Subsec. (c). Pub. L. 94–279, § 12(b), substituted “section 2149(c)” for “sections 2149(b) and 2150(b)” after “except as provided in”.

1970—Pub. L. 91–579 designated existing provisions as subsec. (a), expanded coverage to include exhibitors and operators of auction sales for purposes of investigation, inserted provisions requiring that records, facilities, and animals be accessible to inspectors at all reasonable times at premises of dealers, research facilities, exhibitors, and operators of auction sales, and added subsecs. (b) and (c).

Statutory Notes and Related SubsidiariesEffective 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 1970 Amendment

Amendment by Pub. L. 91–579 effective 30 days after Dec. 24, 1970, see section 23 of Pub. L. 91–579, set out as a note under section 2131 of this title.

Non-recording of Observed Violations of Animal Welfare Act

Pub. L. 117–328, div. A, title VII, § 756, Dec. 29, 2022, 136 Stat. 4506, provided that: “Hereafter, none of the funds made available by this Act [div. A of Pub. L. 117–328, see Tables for classification] or any other Act, may be used to pay the salaries or expenses of personnel to implement any activities related to the permitting of non-recording of observed violations of the Animal Welfare Act or its regulations on official inspection reports.”

Notes of Decisions

Cited in 47 cases (11 in the last 5 years), 1976–2025 · leading case: New York Pet Welfare Ass'n, Inc. v. New York City, 850 F.3d 79 (2d Cir. 2017).

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New York Pet Welfare Ass'n, Inc. v. New York City, 850 F.3d 79 (2d Cir. 2017). · cites it 2× “Inspections are central to the AWA: the statute directs the Secretary to carry out inspections to determine whether dealers are violating the Act, 7 U.S.C. § 2146 (a), *88 and requires that federal inspectors have access to dealers’ premises, animals, and records, id.”

Marshall v. Barlow's, Inc., 436 U.S. 307 (1978). · cites it 2× “" 7 U. S. C. § 2146 (c) (1976 ed.). Similar provisions are included in other agricultural inspection Acts; see, e.”

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 5× “7 U.S.C. § 2146 (a). No search warrant or other process is mentioned under the Act.”

Big Cats of Serenity Springs, Inc. v. Rhodes, 843 F.3d 853 (10th Cir. 2016). “” 7 U.S.C. § 2146 (a). It grants the USDA access to licensees’ facilities, animals, and records “at all reasonable times.”

Big Cats of Serenity Springs, Inc. v. Vilsack, 84 F. Supp. 3d 1179 (D. Colo. 2015). · cites it 9× “First, they cite to 7 U.S.C. § 2146 (b), a provision of the AWA, which states: (b) Penalties for interfering with official duties Any person who forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person while engaged in or on account of the…”

People for the Ethical Treatment of Animals, Inc. v. United States Dep't of Agric., 7 F. Supp. 3d 1 (D.D.C. 2013). · cites it 2× “According to PETA, USDA’s failure to prosecute violar tions of the AWA related to birds contravenes the Act’s instruction that the agency should conduct “investigations or inspections” in order to ensure compliance with the statute.”

Hal Haviland v. Earl L. Butz, Sec'y of Agric., 543 F.2d 169 (D.C. Cir. 1976). · cites it 4× “See Animal Welfare Act of 1970, § 17(c), 7 U.S.C. § 2146 (c) (1970). See also note 8 infra.”

People for the Ethical Treatment of Animals v. United States Dep't of Agric., 861 F.3d 502 (4th Cir. 2017). “7 U.S.C. § 2146 (a). Any interested person may notify the USDA about suspected violations of the AWA as long as he or she is not a party to “any proceeding which may be instituted” as a result of that notification.”

People for the Ethical Treatment of Animals, Inc. v. Miami Seaquarium, 879 F.3d 1142 (11th Cir. 2018). “§ 2133 , and to promulgate standards for the treatment of animals under their care, see 7 U.S.C. § 2146 . The Secretary delegated this authority to the Administrator of Animal and Plant Health Inspection Services (APHIS).”

United States v. Andrew E. Hill & J.E. Pinkerton, United States of Am. v. Dennis Juren, United States of Am. v. Edward W. Cromey, 694 F.2d 258 (D.C. Cir. 1982). · cites it 3× “§ 2046 (1976) (Farm Labor Contractor Registration Act of 1963); 7 U.S.C. § 2146 (c) (1976) (Animal Welfare Act Amendments of 1976); 15 U.”

Bajalo v. Nw. Univ., 860 N.E.2d 556 (Ill. App. Ct. 2006). “at 9, citing 7 U.S.C. §§2146 , 2149 (2000). Moreover, the Act gives federal courts jurisdiction to enforce the Secretary’s orders and to prevent and restrain violations of the Act and its regulations.”

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). “The statute further provides for inspections and investigations by the Secretary, 7 U.S.C. § 2146 , penalties for violation of the statute or regulations, 7 U.”

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