Page:United States Statutes at Large Volume 90 Part 1.djvu/468

 9 0 STAT. 4 1 8

PUBLIC LAW 9 4 - 2 7 9 — A P R. 22, 1976

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 dT«^' to a research facility, an exhibitor, or a dealer; or " ( i i) 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; ", (4) by deleting "; and " at the end of paragraph (g) and inserting in lieu thereof the following: ". W i t h respect to a dog, the term means all dogs including those used for hunting, security, or breeding purposes;", and (5) by deleting the period at the end of paragraph (h) and inserting a semicolon in lieu thereof. 7 USC 2132. SEC. 4. Section 2 of such Act is further amended by adding thereto two new paragraph s to read: "Intermediate " (i) The term 'intermediate handler' means any person including a handler." 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; and "Carrier." " (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 t r a n s p o r t i n g any animals for hire.". 7 USC 2134, SEC. 5. Sections 4, 11, and 12 of such Act are amended by striking 2141, 2142. out "affecting commerce" and inserting in lieu thereof "in commerce". 7 USC 2136. SEC. 6. Section 6 of such Act is amended by inserting after the term "research facility", a comma and the term "every intermediate handler, every carrier,". 7 USC 2139. SEC. 7. Section 9 of such Act is amended by inserting after the term "section 12 of this Act,", the term "or an intermediate handler, or a carrier,", and by deleting the term "or an operator of an auction sale as well as of such person." at the end of section 9 and substituting therefor the following term: "operator of an auction sale, intermediate handler, or carrier, as well as of such person.". 7 USC 2140. SEC. 8. Section 10 of such Act is amended by deleting the phrase ", upon forms supplied by the Secretary" from the first sentence and by inserting between the second and t h i r d sentences thereof the followRecord retention. ing: " A t the request of the Secretary, any regulatory agency of the Federal Government which requires records to be maintained by intermediate handlers and carriers with respect to the transportation, receiving, handling, and delivery of animals on foiins prescribed by the agency, shall require there to be included in such forms, and intermediate handlers and carriers shall include in such forms, such information as the Secretary may require for the effective administration of this Act. Such information shall be retained for such reasonable period of time as the Secretary may prescribe. I f regulatory agencies of the Federal Government do not prescribe requirements for any such forms, intermediate handlers and carriers shall make and retain for such reasonable period as the Secretary may prescribe such records with respect to the transportation, receiving, handling, and delivery of animals as the Secretary may prescribe.". SEC. 9. Section 13 of such Act is amended by designating the pro7 USC 2143. visions thereof as subsection (a) and by adding, after the second

�