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U.S. Code as of:
01/03/05
Section 2132. Definitions
When used in this chapter -
(a) The term "person" includes any individual, partnership, firm,
joint stock company, corporation, association, trust, estate, or
other legal entity;
(b) The term "Secretary" means the Secretary of Agriculture of
the United States or his representative who shall be an employee of
the United States Department of Agriculture;
(c) The term "commerce" means trade, traffic, transportation, or
other commerce -
(1) between a place in a State and any place outside of such
State, or between points within the same State but through any
place outside thereof, or within any territory, possession, or
the District of Columbia;
(2) which affects trade, traffic, transportation, or other
commerce described in paragraph (1).
(d) The term "State" means a State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, or any other territory or possession
of the United States;
(e) The term "research facility" means any school (except an
elementary or secondary school), institution, or organization, or
person that uses or intends to use live animals in research, tests,
or experiments, and that (1) purchases or transports live animals
in commerce, or (2) receives funds under a grant, award, loan, or
contract from a department, agency, or instrumentality of the
United States for the purpose of carrying out research, tests, or
experiments: Provided, That the Secretary may exempt, by
regulation, any such school, institution, organization, or person
that does not use or intend to use live dogs or cats, except those
schools, institutions, organizations, or persons, which use
substantial numbers (as determined by the Secretary) of live
animals the principal function of which schools, institutions,
organizations, or persons, is biomedical research or testing, when
in the judgment of the Secretary, any such exemption does not
vitiate the purpose of this chapter;
(f) The term "dealer" means any person who, in commerce, for
compensation or profit, delivers for transportation, or transports,
except as a carrier, buys, or sells, or negotiates the purchase or
sale of, (1) any dog or other animal whether alive or dead for
research, teaching, exhibition, or use as a pet, or (2) any dog for
hunting, security, or breeding purposes, except that this term does
not include -
(i) a retail pet store except such store which sells any
animals to a research facility, an exhibitor, or a dealer; or
(ii) any person who does not sell, or negotiate the purchase or
sale of any wild animal, dog, or cat, and who derives no more
than $500 gross income from the sale of other animals during any
calendar year;
(g) The term "animal" means any live or dead dog, cat, monkey
(nonhuman primate mammal), guinea pig, hamster, rabbit, or such
other warmblooded animal, as the Secretary may determine is being
used, or is intended for use, for research, testing,
experimentation, or exhibition purposes, or as a pet; but such term
excludes (1) birds, rats of the genus Rattus, and mice of the genus
Mus, bred for use in research, (2) horses not used for research
purposes, and (3) other farm animals, such as, but not limited to
livestock or poultry, used or intended for use as food or fiber, or
livestock or poultry used or intended for use for improving animal
nutrition, breeding, management, or production efficiency, or for
improving the quality of food or fiber. With respect to a dog, the
term means all dogs including those used for hunting, security, or
breeding purposes;
(h) The term "exhibitor" means any person (public or private)
exhibiting any animals, which were purchased in commerce or the
intended distribution of which affects commerce, or will affect
commerce, to the public for compensation, as determined by the
Secretary, and such term includes carnivals, circuses, and zoos
exhibiting such animals whether operated for profit or not; but
such term excludes retail pet stores, organizations sponsoring and
all persons participating in State and country fairs, livestock
shows, rodeos, purebred dog and cat shows, and any other fairs or
exhibitions intended to advance agricultural arts and sciences, as
may be determined by the Secretary;
(i) The term "intermediate handler" means any person including a
department, agency, or instrumentality of the United States or of
any State or local government (other than a dealer, research
facility, exhibitor, any person excluded from the definition of a
dealer, research facility, or exhibitor, an operator of an auction
sale, or a carrier) who is engaged in any business in which he
receives custody of animals in connection with their transportation
in commerce;
(j) The term "carrier" means the operator of any airline,
railroad, motor carrier, shipping line, or other enterprise, which
is engaged in the business of transporting any animals for hire;
(k) The term "Federal agency" means an Executive agency as such
term is defined in section 105 of title 5, and with respect to any
research facility means the agency from which the research facility
receives a Federal award for the conduct of research,
experimentation, or testing, involving the use of animals;
(l) The term "Federal award for the conduct of research,
experimentation, or testing, involving the use of animals" means
any mechanism (including a grant, award, loan, contract, or
cooperative agreement) under which Federal funds are provided to
support the conduct of such research.(!1)
(m) The term "quorum" means a majority of the Committee members;
(n) The term "Committee" means the Institutional Animal Committee
established under section 2143(b) of this title; and
(o) The term "Federal research facility" means each department,
agency, or instrumentality of the United States which uses live
animals for research or experimentation.
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