Sec. 2. Clarification with respect to issuance of licenses
494 words·~2 min read·
/bill/117/hr/3277/ih/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 3 of the Animal Welfare Act ( 7 U.S.C. 2133 ) is amended to read as follows: Subject to subsections (c), (d), and (e), the Secretary shall issue licenses to dealers and exhibitors upon— the submission of an application for such license that— contains an inventory of all animals present in all of the applicant’s facilities; and is submitted in such form and manner as the Secretary may prescribe; and payment of such fee established pursuant to section 23. A license issued under subsection
(a)shall be valid for a period not to exceed 1 calendar year. An applicant shall submit an application under such subsection to renew such license each calendar year before the expiration of the previously issued license. Notwithstanding subsection (a), the Secretary may not issue a license (including a renewal of such a license) under such subsection to a dealer or exhibitor if— such dealer or exhibitor has been found to have violated (including by entering a nolo contendere or no contest plea with respect to the violation) Federal, State, or local laws relating to animals, including this Act and any other anti-animal cruelty or wildlife protection law; or the issuance of a license to such dealer or exhibitor would facilitate the circumvention of State or local law prohibiting the private ownership of certain animals. Notwithstanding subsection
(a)and except as provided in paragraph (2), the Secretary may not issue a license (including a renewal of such a license) under such subsection to a dealer or exhibitor until the dealer or exhibitor shall have demonstrated for the one year period preceding the date on which the application for such license is submitted, through full, unannounced inspections, that the facilities of such dealer or exhibitor at the time of inspection— comply with the standards promulgated by the Secretary pursuant to section 13; and have not been documented as having not complied with any such standard during more than one inspection in the previous two calendar years. In the case of an applicant seeking to be licensed as a dealer or exhibitor under subsection
(a)who has not previously been so licensed, the applicant shall not be subject to more than 2 inspections conducted pursuant to paragraph (1). Both such inspections shall be conducted within the 90-day period that begins on the date of the receipt of the application by the Secretary. If, upon the second inspection, the applicant is found to have failed to meet any standard promulgated by the Secretary pursuant to section 13, the Secretary shall deny the application for such license and such applicant may not submit an application for such a license for a one-year period beginning on the date on which the application is so denied. Notwithstanding subsection (a), a dealer or exhibitor shall not be required to obtain a license as a dealer or exhibitor under this Act if the size of the business is determined by the Secretary to be de minimis. .
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 2
Clarification with respect to issuance of licenses
Cites 1Cited by 0 across 0 sources