7 U.S.C. § 2146a

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 2146a - Searchable database requirements

The Animal and Plant Health Inspection Service shall, notwithstanding any other provision of law:

(a) within 60 calendar days, restore on its website the searchable database and its contents that were available on January 30, 2017, and all content generated since that date; and
(b) hereafter, make publicly available via searchable database, in their entirety without redactions except signatures, the following records:
(1) all final Animal Welfare Act inspection reports, including all reports documenting all Animal Welfare Act violations and non-compliances observed by USDA officials and all animal inventories for the current year and the preceding three years;
(2) all final Animal Welfare Act and Horse Protection Act enforcement records for the current year and the preceding three years;
(3) all reports or other materials documenting any violations and non-compliances observed by USDA officials for the current year and the preceding three years; and
(4) within six months of receipt by the agency, all final Animal Welfare Act research facility annual reports, including their attachments with appropriate redactions made for confidential business information that USDA could withhold under FOIA Exemption 4.

7 U.S.C. § 2146a

Pub. L. 116-94, div. B, title VII, §788, Dec. 20, 2019, 133 Stat. 2657; Pub. L. 117-103, div. A, title VII, §765, Mar. 15, 2022, 136 Stat. 98.

EDITORIAL NOTES

REFERENCES IN TEXTThe Animal Welfare Act, referred to in subsec. (b)(1), (2), (4), is Pub. L. 89-544, Aug. 24, 1966, 80 Stat. 350, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2131 of this title and Tables.The Horse Protection Act, referred to in subsec. (b)(2), is Pub. L. 91-540, Dec. 9, 1970, 84 Stat. 1404, which is classified generally to chapter 44 (§1821 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1821 of Title 15 and Tables.

CODIFICATIONSection was enacted as part of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2020, and also as part of the Further Consolidated Appropriations Act, 2020, and not as part of the Animal Welfare Act which comprises this chapter.

AMENDMENTS2022-Subsec. (b). Pub. L. 117-103 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "hereafter, make publicly available via searchable database, in their entirety without redactions except signatures, the following records after enactment of this Act for a subsequent period of three years:"(1) all final Animal Welfare Act inspection reports, including all reports documenting all Animal Welfare Act non-compliances observed by USDA officials and all animal inventories;"(2) all final Animal Welfare Act and Horse Protection Act enforcement records;"(3) all reports or other materials documenting any non-compliances observed by USDA officials; and"(4) within six months of receipt by the agency, all final Animal Welfare Act research facility annual reports, including their attachments with appropriate redactions made for confidential business information that USDA could withhold under FOIA Exemption 4."

animal
The term "animal" means any live or dead dog, cat, monkey (nonhuman primate mammal), guinea pig, hamster, rabbit, or such other warm-blooded 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.
commerce
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).