Public Law 110-246 - Food, Conservation, and Energy Act of 2008
Summary: The Food, Conservation, and Energy Act of 2008, P.L. 110-246, contained numerous amendments to the Animal Welfare Act. It strengthened the penalties related to animal fighting by adding prohibitions on possession and training as well as advertising animals or sharp instruments for use in animal fighting, and increasing criminal penalties from 3 to 5 years 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 ($3750 adjusted for inflation) to $10,000 per violation, per animal, per day.
In addition to the Animal Welfare Act amendments, the Farm Bill contained language (Sec. 14216) that addressed the use of cats and dogs in Federal Research. The National Institutes of Health (NIH) was asked to seek an independent review of the use of Class B dogs and cats and the United States Department of Agriculture was required to review the NIH review. A report would then be submitted to Congress on how any recommendations in the review may be applied.
Note: In this HTML version of the amendment, brackets, [ ], indicate notes found in the corresponding margin of the hardcopy document.
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)-
(A) in paragraph (1), by striking '', if any animal in the venture was moved in interstate or foreign commerce''; and
(B) in the heading of paragraph (2), by striking ''STATE'' and inserting ''STATE'';
(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'';
(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'';
(4) in subsection (d), by striking ''(d) Notwithstanding'' and inserting the following:
''(d) VIOLATION OF STATE LAW.-Notwithstanding''; (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'';
(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)-
(A) by striking ''(g) For purposes of'' and inserting the following:
(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,'';
(C) by striking paragraph (2);
(D) in paragraph (5)-
(i) by striking ''dog or other''; and
(ii) by striking ''; and'' and inserting a period; and
(E) by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively;
[39 USC 3001.] (8) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively;
(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'';
(10) in subsection (j) (as so redesignated), by striking ''(j) The criminal'' and inserting the following:
''(j) CRIMINAL PENALTIES.-The criminal''; and
(11) in subsection (g)(6), by striking ''(6) the conduct'' and inserting the following:
''(h) RELATIONSHIP TO OTHER PROVISIONS.-The conduct''.
(b) ENFORCEMENT OF ANIMAL FIGHTING PROHIBITIONS.-Section 49 of title 18, United States Code, is amended by striking ''3 years'' and inserting ''5 years''.
SEC. 14210. IMPORTATION OF LIVE DOGS.
(a) IN GENERAL.-The Animal Welfare Act is amended by adding after section 17 (7 U.S.C. 2147) the following:
[7 USC 2148.] ''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 from a 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.
''(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.
''(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 USC 2148 note.] (b) EFFECTIVE DATE.-The amendment made by subsection (a) takes effect on the date of the enactment of this Act.
SEC. 14214. FINES FOR VIOLATIONS OF THE ANIMAL WELFARE ACT.
Section 19(b) of the Animal Welfare Act (7 U.S.C. 2149(b)) is amended in the first sentence by striking ''not more than $2,500 for each such violation'' and inserting ''not more than $10,000 for each such violation''.