9 CFR 2.133 - Certification for random source dogs and cats.

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§ 2.133 Certification for random source dogs and cats.
(a) Each of the entities listed in paragraphs (a)(1) through (a)(3) of this section that acquire any live dog or cat shall, before selling or providing the live dog or cat to a dealer, hold and care for the dog or cat for a period of not less than 5 full days after acquiring the animal, not including the date of acquisition and excluding time in transit. This holding period shall include at least one Saturday. The provisions of this paragraph apply to:
(1) Each pound or shelter owned and operated by a State, county, or city;
(2) Each private pound or shelter established for the purpose of caring for animals, such as a humane society, or other organization that is under contract with a State, county, or city, that operates as a pound or shelter, and that releases animals on a voluntary basis; and
(3) Each research facility licensed by USDA as a dealer.
(b) A dealer shall not sell, provide, or make available to any person a live random source dog or cat unless the dealer provides the recipient of the dog or cat with certification that contains the following information:
(1) The name, address, USDA license number, and signature of the dealer;
(2) The name, address, USDA license or registration number, if such number exists, and signature of the recipient of the dog or cat;
(3) A description of each dog or cat being sold, provided, or made available that shall include:
(i) The species and breed or type (for mixed breeds, estimate the two dominant breeds or types);
(ii) The sex;
(iii) The date of birth or, if unknown, then the approximate age;
(iv) The color and any distinctive markings; and
(v) The Official USDA-approved identification number of the animal. However, if the certification is attached to a certificate provided by a prior dealer which contains the required description, then only the official identification numbers are required;
(4) The name and address of the person, pound, or shelter from which the dog or cat was acquired by the dealer, and an assurance that the person, pound, or shelter was notified that the cat or dog might be used for research or educational purposes;
(5) The date the dealer acquired the dog or cat from the person, pound, or shelter referred to in paragraph (b)(4) of this section; and
(6) If the dealer acquired the dog or cat from a pound or shelter, a signed statement by the pound or shelter that it met the requirements of paragraph (a) of this section. This statement must at least describe the animals by their official USDA identification numbers. It may be incorporated within the certification if the dealer makes the certification at the time that the animals are acquired from the pound or shelter or it may be made separately and attached to the certification later. If made separately, it must include the same information describing each animal as is required in the certification. A photocopy of the statement will be regarded as a duplicate original.
(c) The original certification required under paragraph (b) of this section shall accompany the shipment of a live dog or cat to be sold, provided, or otherwise made available by the dealer.
(d) A dealer who acquires a live dog or cat from another dealer must obtain from that dealer the certification required by paragraph (b) of this section and must attach that certification (including any previously attached certification) to the certification which he or she provides pursuant to paragraph (b) of this section (a photocopy of the original certification will be deemed a duplicate original if the dealer does not dispose of all of the dogs or cats in a single transaction).
(e) A dealer who completes, provides, or receives a certification required under paragraph (b) of this section shall keep, maintain, and make available for APHIS inspection a copy of the certification for at least 1 year following disposition.
(f) A research facility which acquires any live random source dog or cat from a dealer must obtain the certification required under paragraph (b) of this section and shall keep, maintain, and make available for APHIS inspection the original for at least 3 years following disposition.
(g) In instances where a research facility transfers ownership of a live random source dog or cat acquired from a dealer to another research facility, a copy of the certification required by paragraph (b) of this section must accompany the dog or cat transferred. The research facility to which the dog or cat is transferred shall keep, maintain, and make available for APHIS inspection the copy of the certification for at least 3 years following disposition.
[58 FR 39129, July 22, 1993]

Title 9 published on 2014-01-01

The following are only the Rules published in the Federal Register after the published date of Title 9.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-08-18; vol. 79 # 159 - Monday, August 18, 2014
    1. 79 FR 48653 - Animal Welfare; Importation of Live Dogs
      GPO FDSys XML | Text
      DEPARTMENT OF AGRICULTURE, Animal and Plant Health Inspection Service
      Final rule.
      Effective date: November 17, 2014.
      9 CFR Part 2

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

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It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 7 - AGRICULTURE

§ 2131 - Congressional statement of policy

§ 2132 - Definitions

§ 2133 - Licensing of dealers and exhibitors

§ 2134 - Valid license for dealers and exhibitors required

§ 2135 - Time period for disposal of dogs or cats by dealers or exhibitors

§ 2136 - Registration of research facilities, handlers, carriers and unlicensed exhibitors

§ 2137 - Purchase of dogs or cats by research facilities prohibited except from authorized operators of auction sales and licensed dealers or exhibitors

§ 2138 - Purchase of dogs or cats by United States Government facilities prohibited except from authorized operators of auction sales and licensed dealers or exhibitors

§ 2139 - Principal-agent relationship established

§ 2140 - Recordkeeping by dealers, exhibitors, research facilities, intermediate handlers, and carriers

§ 2141 - Marking and identification of animals

§ 2142 - Humane standards and recordkeeping requirements at auction sales

§ 2143 - Standards and certification process for humane handling, care, treatment, and transportation of animals

§ 2144 - Humane standards for animals by United States Government facilities

§ 2145 - Consultation and cooperation with Federal, State, and local governmental bodies by Secretary of Agriculture

§ 2146 - Administration and enforcement by Secretary

§ 2147 - Inspection by legally constituted law enforcement agencies

§ 2148 - Importation of live dogs

§ 2149 - Violations by licensees

§ 2150 - Repealed.

§ 2151 - Rules and regulations

§ 2152 - Separability

§ 2153 - Fees and authorization of appropriations

§ 2154 - Effective dates

§ 2155 - Omitted

§ 2156 - Animal fighting venture prohibition

§ 2157 - Release of trade secrets

§ 2158 - Protection of pets

§ 2159 - Authority to apply for injunctions

Title 9 published on 2014-01-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 9 CFR 2 after this date.

  • 2014-08-18; vol. 79 # 159 - Monday, August 18, 2014
    1. 79 FR 48653 - Animal Welfare; Importation of Live Dogs
      GPO FDSys XML | Text
      DEPARTMENT OF AGRICULTURE, Animal and Plant Health Inspection Service
      Final rule.
      Effective date: November 17, 2014.
      9 CFR Part 2