Summary: Licensed dealer found guilty of numerous violations of Act involving care and housing of dogs and cats, failure to allow inspection of records, and failure to keep and maintain adequate records as to acquisition and disposition of animals, is properly penalized with 25-year suspension of license, civil penalty of $40,000, and cease and desist order.
Summary: Exhibitor who engaged in recurring pattern of noncompliance with standards governing structural strength, food storage, ventilation, maintenance of facilities and enclosures, cleaning, housekeeping and interior building surfaces, but who made good faith effort to achieve compliance, is properly sanctioned with $1000 civil penalty, 20-day suspension, and cease and desist order.
Summary: Licensed dealer who engaged in recurring pattern of trivial noncompliance with housekeeping requirements, failed to provide records on two occasions and failed to permit inspection on one occasion, is properly sanctioned with 20-day license suspension, $1500 civil penalty, and cease and desist order.
Summary: Civil penalty of $1,000 against unlicensed dealer was appropriate under 7 USCS § 2149(b), and greater penalty could have been requested where although moderate size of kennel suggested modest penalty, selling hundreds of dogs without license over 40-month period was grave violation of Animal Welfare Act, violations were not committed in good faith since dogs were knowingly and intentionally sold without license after receiving 4 warnings, and even though dealer thought mistakenly that Department would not prosecute her for such violations and there was no history of previous violations, the hundreds of violations proven were sufficient to warrant severe sanction.
Summary: Dog broker shipping dogs under 8 weeks old was assessed civil penalty of $7,000 and license as dealer under Animal Welfare Act was suspended for 35 days, since broker was one of largest dog brokers in state, 8-week minimum age requirement was based on finding that ability of dogs to function in adult environment was adversely affected if shipped under that age, violations were serious and flagrant in view of large number of puppies shipped on 10 different occasions during 2-month period, and broker had violated Act and standards on prior occasion resulting in 12 day license suspension.
Summary: Secretary is authorized to promulgate standards applicable to operator of auction sale as to care, treatment, housing, feeding, watering, and sanitation of animals, since literal language of 7 USCS § 2142 and its legislative history gives Secretary broad authority to impose on auction operator standards of humane handling of all animals subject to Animal Welfare Act, and although construing word "handling" in § 2143 broad enough to include those areas would nullify significance and effect of additional terms, contemporaneous construction of Act by administrative officials charged with responsibility for achieving congressional purpose of ensuring humane care and treatment of animals indicates Secretary has authority to impose such standards on auction operators.
Summary:
Imposition of $4,000 civil penalty was appropriate under 7 USCS § 2149(b) where respondent committed numerous, serious violations of Animal Welfare Act, respondent handled large number of animals, and violations continued after respondent was advised in writing of violations and given opportunity to correct them.
Imposition of $4,000 civil penalty was appropriate under 7 USCS § 2149(b) where respondent committed numerous, serious violations of Animal Welfare Act, respondent handled large number of animals, and violations continued after respondent was advised in writing of violations and given opportunity to correct them.
Summary:
Plaintiff challenged the constitutionality of the Animal Welfare Act after it created a regulation that prohibited the interstate or foreign commerce transport of birds that would be used in fighting ventures. She argued that the regulators did not consider whether fighting ventures were legal in the state where the birds were being transported to. However, the regulation was considered constitutional since under terms of section 2156(b), only the foreign and interstate transport of the birds was prohibited.
Plaintiff challenged the constitutionality of the Animal Welfare Act after it created a regulation that prohibited the interstate or foreign commerce transport of birds that would be used in fighting ventures. She argued that the regulators did not consider whether fighting ventures were legal in the state where the birds were being transported to. However, the regulation was considered constitutional since under terms of section 2156(b), only the foreign and interstate transport of the birds was prohibited.
Summary:
The breeder was in the business of buying, breeding, raising, and selling of exotic and wild animals. The town passed an ordinance making it unlawful to keep certain wild animals, and the breeder filed suit challenging the constitutionality of a local ordinance. On appeal, the court affirmed the grant of summary judgment in favor of the town because: (1) the ordinance was not preempted by the Animal Welfare Act; (2) the ordinance was not an impermissible attempt to regulate interstate commerce in violation of the Commerce Clause; and (3) the town did not deprive him of his property interest in his federal and state licenses without due process.
The breeder was in the business of buying, breeding, raising, and selling of exotic and wild animals. The town passed an ordinance making it unlawful to keep certain wild animals, and the breeder filed suit challenging the constitutionality of a local ordinance. On appeal, the court affirmed the grant of summary judgment in favor of the town because: (1) the ordinance was not preempted by the Animal Welfare Act; (2) the ordinance was not an impermissible attempt to regulate interstate commerce in violation of the Commerce Clause; and (3) the town did not deprive him of his property interest in his federal and state licenses without due process.
Summary:
In this order, the court held that Respondent shall cease and desist from transporting live animals in primary enclosures which are not sufficiently large to insure that each animal contained therein has sufficient space to turn about freely in a standing position using normal body movement, to stand and sit erect, and to lie in a natural position, which spatial requirements are contained in the regulations issued pursuant to the Act. (9 CFR 3.12(c)).
In this order, the court held that Respondent shall cease and desist from transporting live animals in primary enclosures which are not sufficiently large to insure that each animal contained therein has sufficient space to turn about freely in a standing position using normal body movement, to stand and sit erect, and to lie in a natural position, which spatial requirements are contained in the regulations issued pursuant to the Act. (9 CFR 3.12(c)).
