Full Statute Name:  US Public Law 110-246 (AWA 2008)

Share |
Primary Citation:  2008 PL 110-246 Country of Origin:  United States Last Checked:  April, 2015 Alternate Citation:  122 Stat 1651 Date Adopted:  2008
Summary: The Food, Conservation, and Energy Act of 2008, P.L. 110-246 amends the Animal Welfare Act by strengthening penalties related to animal fighting, including an increase in imprisonment. The 2008 bill also contained language prohibiting imports for resale of dogs unless they are at least six months of age, in good health, and have all necessary vaccinations, with some exemptions defined. Finally, fines for violations of the Animal Welfare Act increased from $2500 to $10,000 per violation, per animal, per day.
Statute Text: 

SEC. 14207. PROHIBITIONS ON DOG FIGHTING VENTURES.

(a) IN GENERAL.—Section 26 of the Animal Welfare Act (7 U.S.C. 2156) is amended—

(1) in subsection (a)—

<< 7 USCA § 2156 >>

(A) in paragraph (1), by striking “, if any animal in the venture was moved in interstate or foreign commerce”; and

<< 7 USCA § 2156 >>

(B) in the heading of paragraph (2), by striking “STATE” and inserting “State”;

<< 7 USCA § 2156 >>

(2) in subsection (b)—

(A) by striking “(b) It shall be” and inserting the following:

“(b) BUYING, SELLING, DELIVERING, POSSESSING, TRAINING, OR TRANSPORTING ANIMALS FOR PARTICIPATION IN ANIMAL FIGHTING VENTURE.—It shall be”; and

(B) by striking “transport, deliver” and all that follows through “participate” and inserting “possess, train, transport, deliver, or receive any animal for purposes of having the animal participate”;

<< 7 USCA § 2156 >>

(3) in subsection (c)—

(A) by striking “(c) It shall be” and inserting the following:

“(c) USE OF POSTAL SERVICE OR OTHER INTERSTATE INSTRUMENTALITY FOR PROMOTING OR FURTHERING ANIMAL FIGHTING VENTURE.—It shall be”; and

(B) by inserting “advertising an animal, or an instrument described in subsection (e), for use in an animal fighting venture,” after “for purposes of”;

<< 7 USCA § 2156 >>

(4) in subsection (d), by striking “(d) Notwithstanding” and inserting the following:

“(d) VIOLATION OF STATE LAW.—Notwithstanding”;

<< 7 USCA § 2156 >>

(5) in subsection (e), by striking “(e) It shall be” and inserting the following:

“(e) BUYING, SELLING, DELIVERING, OR TRANSPORTING SHARP INSTRUMENTS FOR USE IN ANIMAL FIGHTING VENTURE.—It shall be”;

<< 7 USCA § 2156 >>

(6) in subsection (f)—

(A) by striking “(f) The Secretary” and inserting the following:

“(f) INVESTIGATION OF VIOLATIONS BY SECRETARY; ASSISTANCE BY OTHER FEDERAL AGENCIES; ISSUANCE OF SEARCH WARRANT; FORFEITURE; COSTS RECOVERABLE IN FORFEITURE OR CIVIL ACTION.—The Secretary”; and

(B) in the last sentence—

(i) by striking “by the United States”;

(ii) by inserting “(1)” after “owner of the animals”; and

(iii) by striking “proceeding or in” and inserting “proceeding, or (2) in”;

(7) in subsection (g)—

<< 7 USCA § 2156 >>

(A) by striking “(g) For purposes of” and inserting the following:

“(g) DEFINITIONS.—In”;

<< 7 USCA § 2156 >>

(B) in paragraph (1), by striking “any event” and all that follows through “entertainment” and inserting “any event, in or affecting interstate or foreign commerce, that involves a fight conducted or to be conducted between at least 2 animals for purposes of sport, wagering, or entertainment,”;

<< 7 USCA § 2156 >>

(C) by striking paragraph (2);

<< 7 USCA § 2156 >>

(D) in paragraph (5)—

(i) by striking “dog or other”; and

(ii) by striking “; and” and inserting a period; and

<< 7 USCA § 2156 >>

<< 7 USCA § 2156 >>

<< 7 USCA § 2156 >>

<< 7 USCA § 2156 >>

(E) by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively;

<< 7 USCA § 2156 >>

<< 7 USCA § 2156 >>

<< 7 USCA § 2156 >>

<< 39 USCA § 3001 >>

(8) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively;

<< 7 USCA § 2156 >>

(9) in subsection (i) (as so redesignated), by striking “(i)(1) The provisions” and inserting the following:

“(i) CONFLICT WITH STATE LAW.—

“(1) IN GENERAL.—The provisions”;

<< 7 USCA § 2156 >>

(10) in subsection (j) (as so redesignated), by striking “(j) The criminal” and inserting the following:

“(j) CRIMINAL PENALTIES.—The criminal”; and

<< 7 USCA § 2156 >>

<< 7 USCA § 2156 >>

(11) in subsection (g)(6), by striking “(6) the conduct” and inserting the following:

“(h) RELATIONSHIP TO OTHER PROVISIONS.—The conduct”.

<< 18 USCA § 49 >>

(b) ENFORCEMENT OF ANIMAL FIGHTING PROHIBITIONS.—Section 49 of title 18, United States Code, is amended by striking “3 years” and inserting “5 years”.

 

<< 7 USCA § 2148 >>

(a) IN GENERAL.—The Animal Welfare Act is amended by adding after section 17 (7 U.S.C. 2147) the following:

“SEC. 18. IMPORTATION OF LIVE DOGS.

“(a) DEFINITIONS.—In this section:

“(1) IMPORTER.—The term ‘importer’ means any person who, for purposes of resale, transports into the United States puppies froma foreign country.

“(2) RESALE.—The term ‘resale’ includes any transfer of ownership or control of an imported dog of less than 6 months of age to another person, for more than de minimis consideration.

“(b) REQUIREMENTS.—

“(1) IN GENERAL.—Except as provided in paragraph (2), no person shall import a dog into the United States for purposes of resale unless, as determined by the Secretary, the dog—

“(A) is in good health;

“(B) has received all necessary vaccinations; and

“(C) is at least 6 months of age, if imported for resale.

“(2) EXCEPTION.—

“(A) IN GENERAL.—The Secretary, by regulation, shall provide an exception to any requirement under paragraph (1) in any case in which a dog is imported for—

“(i) research purposes; or

“(ii) veterinary treatment.

“(B) LAWFUL IMPORTATION INTO HAWAII.—Paragraph (1)(C) shall not apply to the lawful importation of a dog into the State of Hawaii from the British Isles, Australia, Guam, or New Zealand in compliance with the applicable regulations of the State of Hawaii and the other requirements of this section, if the dog is not transported out of the State of Hawaii for purposes of resale at less than 6 months of age.

“(c) IMPLEMENTATION AND REGULATIONS.—The Secretary, the Secretary of Health and Human Services, the Secretary of Commerce, and the Secretary of Homeland Security shall promulgate such regulations as the Secretaries determine to be necessary to implement and enforce this section.

“(d) ENFORCEMENT.—An importer that fails to comply with this section shall—

“(1) be subject to penalties under section 19; and

“(2) provide for the care (including appropriate veterinary care), forfeiture, and adoption of each applicable dog, at the expense of the importer.”.

<< 7 USCA § 2148 NOTE >>

(b) EFFECTIVE DATE.—The amendment made by subsection (a) takes effect on the date of the enactment of this Act.

 

Share |