Section
1.
This Act may be cited as the
"Horse Protection Act."
(P.L. 91540,
§ 1, Dec. 9, 1970, 84 Stat. 1404: P.L. 94 360,
§ 2, July 13, 1976, 90 Stat. 915.)
Section
2.
As used in this Act unless the
context otherwise requires:
(1)
The term ''management'' means any
person who organizes, exercises control over, or administers
or who is responsible for organizing, directing, or administering.
(2) The term ''Secretary'' means the
Secretary of Agriculture.
(3) The term ''sore'' when used to
describe a horse means that - -
(A)
an irritating or blistering agent has been applied, internally or
externally, by a person to any limb of a horse,
(B)
any burn, cut, or laceration has been inflicted by a person on any limb
of a horse,
(C)
any tack, nail, screw, or chemical agent has been injected by a person
into or used by a person on any limb of a horse, or
(D)
any other substance or device has been used by a person on any limb of
a horse or a person has engaged in a practice involving a horse, and,
as a result of such application, infliction, injection, use, or
practice, such horse suffers, or can reasonably be expected to suffer,
physical pain or distress, inflammation, or lameness when walking,
trotting, or otherwise moving, except that such term does not include
such an application, infliction, injection, use, or practice in
connection with the therapeutic treatment of a horse by or under the
supervision of a person licensed to practice veterinary medicine in the
State in which such treatment was given.
(4) The term ''State'' means any of the
several States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territory
of the Pacific Islands.
(15 U.S.C. § 1821.)
(P.L. 91-540 § 2, Dec. 9, 1970, 84 Stat. 1404; P.L. 94-360,
§ 3, July 13, 1976, 90 Stat. 915)
Section
3.
The Congress finds and declares
that - -
(1)
the soring of horses is cruel and
inhumane;
(2) horses shown or exhibited which are
sore, where such soreness improves the performance of such horse,
compete unfairly with horses which are not sore;
(3) the movement, showing, exhibition, or
sale of sore horses in
intrastate commerce adversely affects and burdens interstate and
foreign commerce;
(4) all horses which are subject to
regulation under this Act are either in interstate or foreign commerce
or substantially affect such commerce; and
(5) regulation under this Act by the
Secretary is appropriate to prevent and eliminate burdens upon commerce
and to effectively regulate commerce.
(15 U.S.C. § 1822.)
(P.L. 91-540, § 3, Dec. 9, 1970, 84 Stat. 1405; P.L. 94-360,
§ 4, July 13, 1976, 90 Stat. 915.)
Section
4.
(a)
The management of any horse show or
horse exhibition shall disqualify any horse from being shown or
exhibited (1) which is sore or (2) if the management has been notified
by a person appointed in accordance with regulations under subsection
(c) of this section or by the Secretary that the horse is sore.
(b)
The management of any horse sale or auction shall prohibit the sale or
auction or exhibition for the purpose of sale of any horse (1) which is
sore or (2) if the management has been notified by a person appointed
in accordance with regulations under subsection © or by the
Secretary that the horse is sore.
(c)
The Secretary shall prescribe by regulation requirements for the
appointment by the management of any horse show, horse exhibition, or
horse sale or auction of persons qualified to detect and diagnose a
horse which is sore or to otherwise inspect horses for the purposes of
enforcing this Act. Such requirements shall prohibit the appointment of
persons who, after notice and opportunity for a hearing, have been
disqualified by the Secretary to make such detection, diagnosis, or
inspection. Appointment of a person in accordance with the requirements
prescribed under this subsection shall not be construed as authorizing
such person to conduct inspections in a manner other than that
prescribed for inspections by the Secretary (or the Secretary's
representative) under subsection (e).
(d)
The management of a horse show, horse exhibition, or horse sale or
auction shall establish and maintain such records, make such reports,
and provide such information as the Secretary may by regulation
reasonably require for the purposes of implementing this Act or to
determine compliance with this Act. Upon request of an officer or
employee duly designated by the Secretary, such management shall permit
entry at all reasonable times for the inspection and copying (on or off
the premises) of records required to be maintained under this
subsection.
(e)
For purposes of enforcement of this Act (including any regulation
promulgated under this Act) the Secretary, or any representative of the
Secretary duly designated by the Secretary, may inspect any horse show,
horse exhibition, or horse sale or auction or any horse at any such
show, exhibition, sale, or auction. Such an inspection may only be made
upon presenting appropriate credentials. Each such inspection shall be
commenced and completed with reasonable promptness and shall be
conducted within reasonable limits and in a reasonable manner. An
inspection under this subsection shall extend to all things (including
records) bearing on whether the requirements of this Act have been
complied with.
(15 U.S.C. § 1823.)
(P.L. 91-540 § 4, Dec. 9, 1970, 84 Stat. 1404; P.L. 94-360,
§ 5, July 13, 1976, 90 Stat. 916)
Section
5.
The following conduct is
prohibited:
(1)
The shipping, transporting, moving, delivering, or receiving of any
horse which is sore with reason to believe that such horse while it is
sore may be shown, exhibited, entered for the purpose of being shown or
exhibited, sold, auctioned, or offered for sale, in any horse show,
horse exhibition, or horse sale or auction; except that this paragraph
does not apply to the shipping, transporting, moving, delivering, or
receiving of any horse by a common or contract carrier or an employee
thereof in the usual course of the carrier's business or employee's
employment unless the carrier or employee has reason to believe that
such horse is sore.
(2)
The (A) showing or exhibiting, in any horse show or horse exhibition,
of any horse which is sore, (B) entering for the purpose of showing or
exhibiting in any horse show or horse exhibition, any horse which is
sore, (C) selling, auctioning, or offering for sale, in any horse sale
or auction, any horse which is sore, and (D) allowing any activity
described in clause (A), (B), or (C) respecting a horse which is sore
by the owner of such horse.
(3)
The failure by the management of any horse show or horse exhibition,
which does not appoint and retain a person in accordance with section
1823(c) of this title, to disqualify from being shown or exhibited any
horse which is sore.
(4)
The failure by the management of any horse sale or auction, which does
not appoint and retain a qualified person in accordance with section
1823(c) of this title, to prohibit the sale, offering for sale, or
auction of any horse which is sore.
(5) The
failure by the management of any horse show or horse exhibition, which
has appointed and retained a person in accordance with section 1823(c)
of this title, to disqualify from being shown or exhibited any horse
(A) which is sore, and (B) after having been notified by such person or
the Secretary that the horse is sore or after otherwise having
knowledge that the horse is sore.
(6)
The failure by the management of any horse sale or auction which has
appointed and retained a person in accordance with section 1823(c) of
this title, to prohibit the sale, offering for sale, or auction of any
horse (A) which is sore, and (B) after having been notified by such
person or the Secretary or after otherwise having knowledge that the
horse is sore.
(7)
The showing or exhibiting at a horse show or horse exhibition; the
selling or auctioning at a horse sale or auction; the allowing to be
shown, exhibited, or sold at a horse show, horse exhibition, or horse
sale or auction; the entering for the purpose of showing or exhibiting
in any horse show or horse exhibition; or offering for sale at a horse
sale or auction, any horse which is wearing or bearing any equipment,
device, paraphernalia, or substance which the Secretary by regulation
under section 1828 of this title prohibits to prevent the soring of
horses.
(8)
The failing to establish, maintain, or submit records, notices,
reports, or other information required under section 1823 of this title.
(9)
The failure or refusal to permit access to or copying of records, or
the failure or refusal to permit entry or inspection, as required by
section 1823 of this title.
(10)
The removal of any marking required by the Secretary to identify a
horse as being detained.
(11)
The failure or refusal to provide the Secretary with adequate space or
facilities, as the Secretary may by regulation under section 1828 of
this title prescribe, in which to conduct inspections or any other
activity authorized to be performed by the Secretary under this Act.
(15 U.S.C. § 1824.)
(P.L. 91-540 § 5, Dec. 9, 1970, 84 Stat. 1405; P.L. 94-360,
§ 6, July 13, 1976, 90 Stat. 916)
Section
6.
(a)
(1) Except as provided in paragraph (2) of this subsection, any person
who knowingly violates section 1824 of this title shall, upon
conviction thereof, be fined not more than $3,000, or imprisoned for
not more than one year, or both.
(2)
(A) If any person knowingly violates section 1824 of this title, after
one or more prior convictions of such person for such a violation have
become final, such person shall, upon conviction thereof, be fined not
more than $5,000, or imprisoned for not more than two years, or both.
(B)
Any person who knowingly makes, or causes to be made, a false entry or
statement in any report required under this Act; who knowingly makes,
or causes to be made, any false entry in any account, record, or
memorandum required to be established and maintained by any person or
in any notification or other information required to be
submitted to the Secretary under section 1823 of this title; who
knowingly neglects or fails to make or cause to be made, full, true,
and correct entries in such accounts, records, memoranda, notification,
or other materials; who knowingly removes any such documentary evidence
out of the jurisdiction of the United States; who knowingly
mutilates, alters, or by any other means falsifies any such documentary
evidence; or who knowingly refuses to submit any such documentary
evidence to the Secretary for inspection and copying shall be
guilty of an offense against the United States, and upon conviction
thereof shall be fined not more than $5,000, or imprisoned for not more
than three years, or both.
(C)
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 Act 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 Act shall be punishable as provided under
sections 1111 and 1112 of title 18.
(b)
(1) Any person who violates section 1824 of this title shall be liable
to the United States for a civil penalty of not more than $2,000 for
each violation. No penalty shall be assessed unless such person is
given notice and opportunity for a hearing before the Secretary with
respect to such violation. The amount of such civil penalty shall be
assessed by the Secretary by written order. In determining the amount
of such penalty, the Secretary shall take into account all factors
relevant to such determination, including the nature, circumstances,
extent, and gravity of the prohibited conduct and, with respect to the
person found to have engaged in such conduct, the degree of
culpability, any history of prior offenses, ability to pay, effect on
ability to continue to do business, and such other matters as justice
may require.
(2)
Any person against whom a violation is found and a civil penalty
assessed under paragraph (1) of this subsection may obtain review in
the court of appeals of the United States for the circuit in which such
person resides or has his place of business or in the United States
Court of Appeals for the District of Columbia Circuit by filing a
notice of appeal in such court within 30 days from the date of such
order and by simultaneously sending a copy of such notice by certified
mail to the Secretary. The Secretary shall promptly file in such court
a certified copy of the record upon which such violation was found and
such penalty assessed, as provided in section 2112 of title 28. The
findings of the Secretary shall be set aside if found to be unsupported
by substantial evidence.
(3)
If any person fails to pay an assessment of a civil penalty after it
has become a final and unappealable order, or after the appropriate
court of appeals has entered final judgment in favor of the Secretary,
the Secretary shall refer the matter to the Attorney General, who shall
recover the amount assessed in any appropriate district court of the
United States. In such action, the validity and appropriateness of the
final order imposing the civil penalty shall not be subject to review.
(4)
The Secretary may, in his discretion, compromise, modify, or remit,
with or without conditions, any civil penalty assessed under this
subsection.
(c)
In addition to any fine, imprisonment, or civil penalty authorized
under this section, any person who was convicted under subsection (a)
of this section or who paid a civil penalty assessed under subsection
(b) of this section or is subject to a final order under such
subsection assessing a civil penalty for any violation of any provision
of this Act or any regulation issued under this Act may be disqualified
by order of the Secretary, after notice and an opportunity for a
hearing before the Secretary, from showing or exhibiting any horse,
judging or managing any horse show, horse exhibition, or horse sale or
auction for a period of not less than one year for the first violation
and not less than five years for any subsequent violation. Any person
who knowingly fails to obey an order of disqualification shall be
subject to a civil penalty of not more than $3,000 for each violation.
Any horse show, horse exhibition, or horse sale or auction, or the
management thereof, collectively and severally, which knowingly allows
any person who is under an order of disqualification to show or exhibit
any horse, to enter for the purpose of showing or exhibiting any horse,
to take part in managing or judging, or otherwise to participate in any
horse show, horse exhibition, or horse sale or auction in violation of
an order shall be subject to a civil penalty of not more than $3,000
for each violation. The provisions of subsection (b) of this section
respecting the assessment, review, collection, and compromise,
modification, and remission of a civil penalty apply with respect to
civil penalties under this subsection.
(d)
(1) The Secretary may require by subpoena the attendance and testimony
of witnesses and the production of books, papers, and documents
relating to any matter under investigation or the subject of a
proceeding. Witnesses summoned before the Secretary shall be paid the
same fees and mileage that are paid witnesses in the courts of the
United States.
(2)
The attendance of witnesses, and the production of books, papers, and
documents, may be required at any designated place from any place in
the United States. In case of disobedience to a subpena the Secretary,
or any party to a proceeding before the Secretary, may invoke the aid
of any appropriate district court of the United States in requiring
attendance and testimony of witnesses and the production of such books,
papers, and documents under the provisions of this Act.
(3)
The Secretary may order testimony to be taken by deposition under oath
in any proceeding or investigation pending before him, at any stage of
the proceeding or investigation. Depositions may be taken before any
person designated by the Secretary who has power to administer oaths.
The Secretary may also require the production of books, papers, and
documents at the taking of depositions.
(4)
Witnesses whose depositions are taken and the persons taking them shall
be entitled to the same fees as paid for like services in the courts of
the United States or in other jurisdictions in which they may appear.
(5)
In any civil or criminal action to enforce this Act or any regulation
under this Act a horse shall be presumed to be a horse which is sore if
it manifests abnormal sensitivity or inflammation in both of its
forelimbs or both of its hind limbs.
(6)
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 Act, and shall have jurisdiction in all
other kinds of cases arising under this Act, except as provided in
subsection (b) of this section.
(e)
(1) The Secretary may detain (for a period not to exceed twenty-four
hours) for examination, testing, or the taking of evidence, any horse
at any horse show, horse exhibition, or horse sale or auction which is
sore or which the Secretary has probable cause to believe is sore. The
Secretary may require the temporary marking of any horse during the
period of its detention for the purpose of identifying the horse as
detained. A horse which is detained subject to this paragraph shall not
be moved by any person from the place it is so detained except as
authorized by the Secretary or until the expiration of the detention
period applicable to the horse.
(2)
Any equipment, device, paraphernalia, or substance which was used in
violation of any provision of this Act or any regulation issued under
this Act or which contributed to the soring of any horse at or prior to
any horse show, horse exhibition, or horse sale or auction, shall be
liable to be proceeded against, by process of libel for the seizure and
condemnation of such equipment, device, paraphernalia, or substance, in
any United States district court within the jurisdiction of which such
equipment, device, paraphernalia, or substance is found. Such
proceedings shall conform as nearly as possible to proceedings in rem
in admiralty.
(15 U.S.C. § 1825.)
(P.L. 91-540 § 6, Dec. 9, 1970, 84 Stat. 1406; P.L. 94-360,
§ 7, July 13, 1976, 90 Stat. 918)
Section 7.
Whenever the Secretary believes
that a willful violation of this Act has occurred and that prosecution
is needed to obtain compliance with this Act, he shall inform the
Attorney General and the Attorney General shall take such action with
respect to such matter as he deems appropriate.
(15 U.S.C. § 1826.)
(P.L. 91-540 § 7, Dec. 9, 1970, 84 Stat. 1406.)
Section 8.
(a) The Secretary, in carrying
out the provisions of this Act, shall utilize, to the maximum extent
practicable, the existing personnel and facilities of the Department of
Agriculture. The Secretary is further authorized to utilize the
officers and employees of any State, with its consent, and with or
without reimbursement, to assist him in carrying out the provisions of
this Act.
(b) The Secretary may, upon
request, provide technical and other non-financial assistance
(including the lending of equipment on such terms and conditions as the
Secretary determines is appropriate) to any State to assist it in
administering and enforcing any law of such State designed to prohibit
conduct described in section 5.
(15 U.S.C. § 1827.)
(P.L. 91-540 § 8, Dec. 9, 1970, 84 Stat. 1404; P.L. 94-360,
§ 8, July 13, 1976, 90 Stat. 920)
Section 9.
The Secretary is authorized to
issue such rules and regulations as he deems necessary to carry out the
provisions of this Act.
(15 U.S.C. § 1828.)
(P.L. 91-540 § 9, Dec. 9, 1970, 84 Stat. 1406.)
Section 10.
No provision of this Act shall
be construed as indicating an intent on the part of the Congress to
occupy the field in which such provision operates to the exclusion of
the law of any State on the same subject matter, unless there is a
direct and positive conflict between such provision and the law of the
State so that the two cannot be reconciled or consistently stand
together. Nor shall any provision of this Act be construed to exclude
the Federal Government from enforcing the provision of this Act within
any State, whether or not such State has enacted legislation on the
same subject, it being the intent of the Congress to establish
concurrent jurisdiction with the States over such subject matter. In no
case shall any such State take any action pursuant to this section
involving a violation of any such law of that State which would
preclude the United States from enforcing the provisions of this Act
against any person.
(15 U.S.C. § 1829.)
(P.L. 91-540 § 10, Dec. 9, 1970, 84 Stat. 1406; P.L. 94-360,
§ 9, July 13, 1976, 90 Stat. 920)
Section 11.
On or before the expiration of
thirty calendar months following the date of enactment of this Act, and
every twelve months thereafter, the Secretary shall submit to the
Congress a report upon the matters covered by this Act, including
enforcement and other actions taken thereunder, together with such
recommendations for legislative and other action as he deems
appropriate.
(15 U.S.C. § 1830.)
(P.L. 91-540 § 11, Dec. 9, 1970, 84 Stat. 1406; P.L. 94-360,
§ 9, July 13, 1976, 90 Stat. 920)
Section 12.
There are authorized to be
appropriated to carry out this Act $125,000 for the period beginning
July 1, 1976, and ending September 30, 1976; and for the fiscal year
beginning October 1, 1976, and for each fiscal year thereafter there
are authorized to be appropriated such sums, not to exceed $500,000, as
may be necessary to carry out this Act.
(15 U.S.C. § 1831.)
(P.L. 91-540 § 12, Dec. 9, 1970, 84 Stat. 1407; P.L. 94-360,
§ 10, July 13, 1976, 90 Stat. 921 [effective July 1, 1976].)
LEGISLATIVE HISTORY
P.L 91-540:
S. Rept. 91609, Senate
Committee on Commerce, Dec 15, 1969
H.Rept.911597, House Committee on Interstate and Foreign
Commerce, Oct. 12, 1970
Passed Senate Dec. 18, 1969
Passed House Nov. 18, 1970
Senate concurred in House amendments Nov. 24, 1970
Approved Dec. 9, 1970
P. L. 93360:
S. Rept. 94418, Senate
committee on Commerce, Oct. 8, 1975
H. Rept. 941174, House Committee on Interstate and Foreign
Commerce, May 15, 1976
Passed Senate Oct. 9, 1975
Passed House June 21, 1976
Senate concurred in House amendments June 24, 1976
Approved July 13, 1976
NOTE: This copy of the Horse
Protection Act is Provided for information only. Before relying on any
portion of the Act as it appears here, reference should be made to the
official report of the Act in the United States Code (15 U.S.C.
§§ 18211831).
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