Statutes

Statute by categorysort descending Citation Summary
US - AWA - 2014 Public Law113-79 2014 PL 113-79 The 2014 amendments to the Animal Welfare Act allows the Secretary of agriculture to define de minimis, as well as several grammatical changes. The public law also provides the prohibits anyone from allowing a person who has not attained the age of 16 from attending an animal fighting venture.
US - AWA - Animal Welfare Act 7 USC §§ 2131 - 2159; 18 USC § 49

The AWA is, in the main, a regulatory law that seeks to control who may possess or sell certain animals and the living conditions (for non-agricultural, domestic animals) under which the animals must be kept. The law provides for criminal penalties, civil penalties and revocation of permits for violations of the AWA. For more on the act, see the Topical Introduction to the AWA .

US - AWA - Animal Welfare Act Decisions

This document contains references to both court decisions and administrative proceedings under the Animal Welfare Act on a section by section basis.

US - AWA - Sectional History of AWA 7 USC 2131 - 2159

This document gives legal history of the Animal Welfare Act on a section by section basis.

US - Cattle - Milk Income Loss Contract Program 7 U.S.C.A. § 7981 - 7984

Federal program that compensates dairy producers when domestic milk prices fall below a specified level.

US - Chimpanzees - § 283m. Sanctuary system for surplus chimpanzees (CHIMP Act) 42 U.S.C.A. § 283m

This Act provides a system of sanctuaries to provide for the lifetime care of chimpanzees not needed for research that have been used, or were bred or purchased for use, in research conducted or supported by the National Institutes of Health, the Food and Drug Administration, or other agencies of the Federal Government. The Act lists, among other things, requirements for the sanctuaries, criteria for "acceptable" chimpanzees, restrictions on further research of these chimpanzees, and establishment of contracts to entities providing care in the system. For more on the act, see Detailed Discussion of CHIMP Act

US - Civil Rights - Civil Action for Deprivation of Civil Rights 42 U.S.C.A. 1983

This law is the primary means by which a person can bring a violation of a constitutional right. To prevail in a claim under section 1983, the plaintiff must meet two elements: a person subjected the plaintiff to conduct that occurred under color of state law, and this conduct deprived the plaintiff of rights, privileges, or immunities guaranteed under federal law or the U.S. Constitution. The statute provides immunity for persons operating under "color of law" acting in their official capacities.

US - Companion Animals - Federal Pet Theft Prevention Act (§ 2158. Protection of pets. ) 7 USC 2158

This Act prohibits shelters from selling found pets within a period of five days to any random-source organization. The purpose of the Act is to prevent animals from being stolen and purchased from humane societies in order to use the animals for scientific testing or illegal purposes (such as fighting, etc.).

US - Conservation - Fish & Wildlife Conservation Act 16 USC 2901 - 2912

The Fish and Wildlife Conservation Act, approved September 29, 1980, authorizes financial and technical assistance to the States for the development, revision, and implementation of conservation plans and programs for nongame fish and wildlife. The original Act authorized $5 million for each of Fiscal Years 1982 through 1985, for grants for development and implementation of comprehensive State nongame fish and wildlife plans and for administration of the Act. It also required the U.S. Fish and Wildlife Service to study potential mechanisms for funding these activities and report to Congress by March 1984.

US - Conservation - Fish & Wildlife Improvement Act of 1978 16 U.S.C. 742l

The Fish and Wildlife Improvement Act of 1978 authorizes the Secretaries of the Interior and Commerce to establish, conduct, and assist with national training programs for State fish and wildlife law enforcement personnel. It also authorized funding for research and development of new or improved methods to support fish and wildlife law enforcement.  The law provides authority to the Secretaries to enter into law enforcement cooperative agreements with State or other Federal agencies, and authorizes the disposal of abandoned or forfeited items under the fish, wildlife, and plant jurisdictions of these Secretaries.

US - Conservation - Fish and Wildlife Act of 1956 16 USC 742a - 742j

The Fish and Wildlife Act of 1956 (16 U.S.C. 742a-742j, not including 742 d-l; 70 Stat. 1119), establishes a comprehensive national fish, shellfish, and wildlife resources policy with emphasis on the commercial fishing industry but also with a direction to administer the Act with regard to the inherent right of every citizen and resident to fish for pleasure, enjoyment, and betterment and to maintain and increase public opportunities for recreational use of fish and wildlife resources.  Among other things, it directs a program of continuing research, extension, and information services on fish and wildlife matters, both domestically and internationally.

US - Conservation - Fish and Wildlife Coordination Act 16 USC 661 - 667e

The Fish and Wildlife Coordination Act (16 U.S.C. 661-667e) of 1934 authorizes the Secretaries of Agriculture and Commerce to provide assistance to and cooperate with Federal and State agencies to protect, rear, stock, and increase the supply of game and fur-bearing animals, as well as to study the effects of domestic sewage, trade wastes, and other polluting substances on wildlife.  In addition, this Act authorizes the preparation of plans to protect wildlife resources, the completion of wildlife surveys on public lands, and the acceptance by the Federal agencies of funds or lands for related purposes provided that land donations received the consent of the State in which they are located.

US - Crimes - Chapter 3. Animals, Birds, Fish, and Plants. 18 USCA § 43

This federal law provides for crime and penalties for animal enterprise terrorism.

US - Cruelty - § 48. Animal crush videos 18 U.S.C.A. § 48

This federal law prohibits the creation and distribution of "animal crush videos." Violation incurs a fine and imprisonment of up to 7 years. Exceptions under the law include normal veterinary or agricultural husbandry practices, the slaughter of animals for food, and the practices of hunting, fishing, or trapping.

US - Disability - Americans with Disabilities Act (ADA) 42 U.S.C.A. § 12101, 12102, 12132; 2 U.S.C.A. § 1311

Following are excerpted sections from the Americans with Disabilities Act of 1990 that relate to assistance animals. Also included is § 1311 of the Civil Rights Act that defines discriminatory practices and outlines the remedies for such violations.

US - Divorce/Custody - Uniform Marriage & Divorce Act. Section 307. Part III Dissolution. Section 307 Disposition of Property. ULA Marr & Divorce s 307

Uniform act created to address division of marital property upon divorce in equitable distribution jurisdiction.  Two alternatives are given, directing equitable apportionment in one and division in just proportions in the other.

US - Divorce/Custody - United States. Uniform Marital Property Act. Section 4. Classification of Property of Spouses. ULA Marital Property Act s 4

Uniform act created to address division of marital property upon divorce in community property jurisdictions.

US - Eagle - Bald and Golden Eagle Protection Act 16 U.S.C. 668a - d The BGEPA prohibits any form of possession or taking of both bald and golden eagles through criminal and civil sanctions as well as an enhanced penalty provision for subsequent offenses.  Further, the BGEPA provides for the forfeiture of anything used to acquire eagles in violation of the statute.  The statute excepts from its prohibitions on possession the use of eagles or eagle parts for exhibition, scientific, and Indian religious uses. For more, see the Topical Introduction to the BGEPA.
US - Elephant - African Elephant Conservation Act 16 USC 4201 - 4246

A U.S. federal law that reaffirms the endangered status of African elephants and allocates money toward conservation efforts.

US - Elephant - Asian Elephant Conservation Act 16 USC 4261 - 4266

A U.S. federal law that reaffirms the endangered status of Asian elephants and allocates money toward conservation efforts.

US - Endangered Species - Chapter 35. Endangered Species. 16 USC 1531 - 1544

This is key law at the national level for the listing and protecting of endangered species and their critical habitat. It also implements the US obligations under the treaty CITES. For more, see the Topical Introduction to the ESA.

US - Environmental - National Environmental Policy Act of 1969 42 USC 4321 - 4370h

The National Environmental Policy Act (NEPA) requires federal agencies to integrate environmental values into their decision making processes by considering the environmental impacts of their proposed actions and reasonable alternatives to those actions. To meet this requirement, federal agencies prepare a detailed statement known as an Environmental Impact Statement (EIS). EPA reviews and comments on EISs prepared by other federal agencies, maintains a national filing system for all EISs, and assures that its own actions comply with NEPA.

US - Exotic Birds - Wild Exotic Bird Conservation Act 16 USC 4901 - 4916

The Wild Exotic Bird Conservation Act addresses the population threat to non-indigenous wild birds due to the demand the from U.S. as the number one importer of exotic birds (e.g., the "pet" bird trade).  Exceptions under the statute include qualified breeding facilities, scientific or zoological study, and people returning the U.S. who have been out of the country for more than a year (limited to two birds).

US - Fisheries - Packwood-Magnuson Amendment 16 USC 1801 - 1803

Aim of statute is the development of United States' controlled fishing conservation and management program designed to prevent overfishing and to rebuild depleted stock.

US - Fisheries - Pelly Amendment (§ 1978) 22 USC 1978

Restriction on importation of fishery or wildlife products from countries which violate international fishery or endangered or threatened species programs

US - Food Animal - Humane Methods of Livestock Slaughter 7 USC 1901 - 1907

These statutory sections comprise what is commonly termed the Humane Slaughter Act.  Included in these sections are Congress' statement that livestock must be slaughtered in a humane manner to prevent needless suffering, research methods on humane methods of slaughter, the nonapplicability of these statutes to religious or ritual slaughter, and the investigation into the care of nonambulatory livestock.

US - Food Animal - Twenty Eight Hour Law 49 USC 80502

This Federal law addresses the transportation of animals, including those raised for food or in food production, across state lines. The statute provides that animals cannot be transported by "rail carrier, express carrier or common carrier" (except by air or water) for more than 28 consecutive hours without being unloaded for five hours for rest, water and food.

US - Food Labeling - Federal Food, Drug, and Cosmetic Act 21 U.S.C. § 341 - 343

The United States Federal Food, Drug, and Cosmetic Act is a set of laws passed by Congress that gives authority to the Food and Drug Administration (FDA) to oversee the safety of food, drugs, and cosmetics.

US - Funding State - Pittman-Roberson Act (Chapter 5B. Wildlife Restoration) 16 USC 669 - 669k

The Pittman-Robertson Wildlife Restoration Act authorizes the Secretary of the Interior to cooperate with the States, through their respective State fish and game departments, in wildlife-restoration projects.  However, no money shall be expended until the state in question assents to the provisions of this chapter and has passed laws for the conservation of wildlife, which includes a prohibition against the diversion of license fees paid by hunters for any other purpose than the administration of the fish and game department. 

US - Fur - Subchapter IV. Labeling of Fur Products 15 USCA § 69 et seq.

The Fur Products Labeling Act, 15 U.S.C. § 69, declares that fur products will be considered “misbranded” if “falsely or deceptively labeled” or identified, and/or if the product does not contain a label that legibly shows the name(s) of the animals from which the fur was taken, the name or other identification of the person(s) who manufactured the fur, and the country of origin of the fur.  The label must also state, if true, that the fur product contains used or artificially colored fur, and/or if it is “composed in whole or in substantial part of paws, tails, bellies, or waste fur.”  However, the law defines “fur product” as an article of clothing that is made in whole or in part by fur, but states that the Commission can exempt articles because of the small quantity of fur they contain.  The Federal Trade Commission has deemed “relatively small quantity or value” to equal $150, which means “multiple animal pelts [can exist] on a garment without a label.”

US - Fur, dog and cat fur products - Chapter 4. Tariff Act of 1930. 19 U.S.C.A. § 1308

This federal statute prohibits commerce in dog or cat fur.  Specifically, the statute forbids import into, or export from, the United States of any dog or cat fur product; or the introduction into interstate commerce, manufacture for introduction into interstate commerce, sell, trade, or advertise in interstate commerce, offer to sell, or transport or distribute in interstate commerce in the United States, any dog or cat fur product.  The exception under the act is for the importation, exportation, or transportation, for noncommercial purposes, of a personal pet that is deceased, including a pet preserved through taxidermy.

US - Golden Eagle - Protection Public Law 87-884; 76 Stat. 1246 (1962)

This public law amended the Eagle Protection Act by adding golden eagles as a protected species under the Act.  The Joint Resolution states that the golden eagle was added under the Act not only because it too faced extinction, but its listing would further protect the bald eagle, as the two species are sometimes mistaken for each other.  For further discussion, see the Eagle Act Detailed Discussion.

US - Grazing - Taylor Grazing Act 43 USC 315 - 315r

Statute empowers Secretary of the Interior to establish and oversee grazing districts on federal land via a system of permits.

US - Horse - Chapter 44. Protection of Horses. 15 U.S.C.A. § 1821 - 1831

The Federal Horse Protection Act of December 2, 1970, states that causing horses to be "sore" or to suffer physical pain and distress for the purpose of improving the horse's performance is cruel and inhumane. This set of statutes describes both lawful and unlawful conduct against horses as well as the civil and criminal penalties that are in place for violating this Act.

US - Horse - Wild Horses and Burros Act 16 USC 1331 - 1340

The Wild Horses and Burros Act approved December 15, 1971, provides for protection of wild, free-roaming horses and burros. It directs the Bureau of Land Management of the Department of the Interior and Forest Service of the Department of Agriculture to manage such animals on public lands under their jurisdiction.

US - Horses - Sale of Wild Free-Roaming Horses and Burros PL 108-447

These amendments to the Wild Horses Act, 16 U.S.C.A. § 1333, amended by Public Law 108-447, allow for the sale of animals for commercial purposes in some circumstances, specifically when the excess animal is more than 10 years old, or has been unsuccessfully offered for adoption on at least 3 occasions.  Once the excess animal is sold, it will no longer be considered a wild free-roaming horse or burro according to this Act.

US - Housing - Fair Housing. Subchapter I. Generally. Section 3602. Definitions. 42 U.S.C.A. 3601 - 3604 The following sections of the Fair Housing Act relate to "reasonable accommodations" for persons with a handicap or disability. In Section 3602, the definition of "handicap" includes a person with: (1) a physical or mental impairment which substantially limits one or more of such person's major life activities; (2) a record of having such an impairment, or (3) being regarded as having such an impairment. Section 3604 is the operative part of the law that makes it unlawful to discriminate because of a handicap in the sale or rental of a dwelling. Under subsection (3)(B), the law states that discrimination includes the refusal to make "reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling."
US - Housing - FHA Definitions ( Section 705. Definitions) 29 USC 705(20)(B)

Sec. 504 provides the federal definition of "disability" (part 9) and "handicap" (part 20).

US - Housing - Section 504 of the Rehabilitation Act of 1973 29 USC 794

In the context of housing discrimination, this statute creates the rule that public housing authorities cannot deny housing to a disabled person solely because of his or her disability, and that if a reasonable accommodation can be made to make housing available to a disabled person, the landlord is required to make the accommodation. To establish a prima facie case of housing discrimination, the tenant must establish four elements: (1) tenant is an individual with a disability; (2) tenant is "otherwise qualified" to receive the benefit; (3) tenant was denied the benefit of the program solely by reason of his or her disability; and (4) the program receives federal financial assistance.

US - Hunting - Airborne Hunting Act 16 USC 742j-1

This Act approved November 18, 1971 added to the Fish and Wildlife Act of 1956 a new section 13 (16 U.S.C. 742j-l), which is commonly referred to as the Airborne Hunting Act or Shooting from Aircraft Act, prohibits shooting or attempting to shoot or harassing any bird, fish, or other animal from aircraft except for certain specified reasons, including protection of wildlife, livestock, and human life as authorized by a Federal or State issued license or permit. States authorized to issue permits are required to file reports with the Secretary of the Interior containing information on any permits issued.

US - Importation - CHAPTER 3. ANIMALS, BIRDS, FISH, AND PLANTS 18 USCS § 42

Under this federal law, no importation of certain listed animals is permitted. Whoever violates this section, or any regulation issued pursuant thereto, shall be fined under this title or imprisoned not more than six months, or both.

US - Importation - Fraud and False Statements 18 USC § 1001

Under this federal law, fraudulent statements, orally or in writing, may result in a fine and or imprisonment.

US - Importation - Mailing of Injurious Article 18 USCS § 1716

All kinds of poison, all articles and compositions containing poison, all poisonous animals, insects, reptiles, all explosives, inflammable materials, infernal machines, and mechanical, chemical, or other devices or compositions which may ignite or explode, all disease germs or scabs, and all other natural or artificial articles, compositions, or material which may kill or injure another, or injure the mails or other property, whether or not sealed as first-class matter, are nonmailable matter and shall not be conveyed in the mails or delivered from any post office or station thereof, nor by any officer or employee of the Postal Service.

US - Invasive - Chapter 67. Aquatic Nuisance Prevention and Control 16 USCS 4701 - 4751

The Act focuses on all aquatics, including aquatic plants. The Act created the Aquatic Nuisance Species Task Force, which  is an intergovernmental organization, administered by the Fish and Wildlife Service, committed to preventing and controlling aquatic nuisance species and implementing the Nonindigenous Aquatic Nuisance Prevention and Control Act. The Task Force coordinates Federal governmental efforts dealing with aquatic nuisance species with those of state and local governments, non-governmental organizations, academic institutions, and the private sector.

US - Lacey Act - Chapter 53. Control of Illegally Taken Fish and Wildlife. 16 USC 3371 - 3378

The Lacey Act provides that it is unlawful for any person to import, export, transport, sell, receive, acquire, or purchase any fish or wildlife or plant taken, possessed, transported, or sold in violation of any law, treaty, or regulation of the United States or in violation of any Indian tribal law whether in interstate or foreign commerce.  All plants or animals taken in violation of the Act are subject to forfeiture as well as all vessels, vehicles, aircraft, and other equipment used in the process. For more, see the Topical Introduction to the Lacey Act.

US - Lacey Act - Conspiracy Statute 18 USC § 371

If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both. If, however, the offense, the commission of which is the object of the conspiracy, is a misdemeanor only, the punishment for such conspiracy shall not exceed the maximum punishment provided for such misdemeanor.

US - Marine Mammal Protection Act - Table of Contents 16 USC 1361 - 1421h

The Marine Mammal Protection Act (MMPA) is the main regulatory vehicle that protects marine mammal species and their habitats in an effort to main sustainable populations. In doing so, the statute outlines prohibitions, required permits, criminal and civil penalties, and international aspects in addressing marine mammals.  This document provides a table of contents for the Marine Mammal Protection Act (MMPA) with links to the specific statutory sections.

US - Marine Mammals- Marine Mammal Protection Act 16 USC 1361 - 1421h The Marine Mammal Protection Act (MMPA) is the main regulatory vehicle that protects marine mammal species and their habitats in an effort to main sustainable populations. In doing so, the statute outlines prohibitions, required permits, criminal and civil penalties, and international aspects in addressing marine mammals. Included in the MMPA are provisions to protect dolphins from ocean vessels that harvest tuna with purse seine nets; provisions to protect polar bear; provisions that establish the Marine Mammal Commission and that agency's duties; and provisions for the Marine Mammal Health and Stranding Response Program, including funding for standing response and unusual mortality events. The Act's 1972 Legislative History is also included.
US - MBTA - Senate Bill 2547 An Act to Amend the Migratory Bird Treaty Act (MBTA) 2004 Senate Bill 2547

This Act, now known as the Migratory Bird Treaty Reform Act (MBTRA), revamps the MBTA by excluding species of birds that are "non-native" to the United States.  Under the bill, a bird species shall not be treated as native to the United States if the species occurs in the United States solely as a result of intentional or unintentional human-assisted introduction after the date of adoption of the treaty in 1918.  As a result, some 94 species of birds currently protected under the treaty would lose their protected status.

US - Meat - Chapter 12. Meat Inspection. 21 U.S.C.A. § 601 - 695

The Federal Meat Inspection Act of 1906 (FMIA) was enacted to prevent adulterated or misbranded meat and meat products from being sold as food and to ensure that meat and meat products are slaughtered and processed under sanitary conditions. The Act requires covered meat products to be labeled and packaged in accordance with the chapter to effectively regulate commerce and protect the health and welfare of consumers.

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