Chapter 54 Section 2158, code protecting Pets:

United Sates Code
TITLE 7 > CHAPTER 54 > Sec. 2158.
Sec. 2158. - Protection of pets

(a) Holding period

(1) Requirement

In the case of each dog or cat acquired by an entity described in
paragraph (2), such entity shall hold and care for such dog or
cat for a period of not less than five days to enable such dog or
cat to be recovered by its original owner or adopted by other
individuals before such entity sells such dog or cat to a dealer.

(2) Entities described

An entity subject to paragraph (1) is -

(A)
each State, county, or city owned and operated pound or shelter;

(B)
each private entity established for the purpose of caring for
animals, such as a humane society, or other organization that is
under contract with a State, county, or city that operates as a
pound or shelter and that releases animals on a voluntary basis;
and

(C)
each research facility licensed by the Department of Agriculture.

(b) Certification


(1) In general

A dealer may not sell, provide, or make available to any
individual or entity a random source dog or cat unless such
dealer provides the recipient with a valid certification that
meets the requirements of paragraph (2) and indicates compliance
with subsection (a) of
this section.

(2) Requirements

A valid certification shall contain -

(A)
the name, address, and Department of Agriculture license or
registration number (if such
number exists) of the dealer;

(B)
the name, address, Department of Agriculture license or
registration number (if such number exists), and the signature
of the recipient of the dog or cat;

(C)
a description of the dog or cat being provided that shall include
-

(i) the species and breed or type of such;

(ii) the gender of such;

(iii) the date of birth (if known) of such;

(iv) the color and any distinctive marking of such; and

(v) any other information that the Secretary by regulation shall
determine to be appropriate;

(D)
the name and address of the person, pound, or shelter from which
the dog or cat was purchased or otherwise acquired by the
dealer, and an assurance that such person, pound, or shelter was
notified that such dog or cat may be used for research or
educational purposes;

(E)
the date of the purchase or acquisition referred to in
subparagraph (D);

(F)
a statement by the pound or shelter (if the dealer acquired the
dog or cat from such) that
it satisfied the requirements of subsection (a) of this section;
and

(G)
any other information that the Secretary of Agriculture by
regulation shall determine
appropriate.


(3) Records

The original certification required under paragraph (1) shall
accompany the shipment of a dog or cat to be sold, provided, or
otherwise made available by the dealer, and shall be kept and
maintained by the research facility for a period of at least one
year for
enforcement purposes. The dealer shall retain one copy of the
certification provided under this paragraph for a period of at
least one year for enforcement purposes.

(4) Transfers

In instances where one research facility transfers animals to
another research facility a
copy of the certificate must accompany such transfer.

(5) Modification

Certification requirements may be modified to reflect
technological advances in identification techniques, such as
microchip technology, if the Secretary determines that adequate
information such as described in this section, will be collected,
transferred, and
maintained through such technology.

(c) Enforcement


(1) In general

Dealers who fail to act according to the requirements of this
section or who include false information in the certification
required under subsection (b) of this section, shall be subject
to the penalties provided for under section 2149 of this title.

(2) Subsequent violations

Any dealer who violates this section more than one time shall be
subject to a fine of $5,000 per dog or cat acquired or sold in
violation of this section.

(3) Permanent revocations

Any dealer who violates this section three or more times shall
have such dealers license permanently revoked.

(d) Regulation

Not later than 180 days after November 28, 1990, the Secretary
shall promulgate regulations to carry out this section

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