Page:United States Statutes at Large Volume 108 Part 2.djvu/640

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108 STAT. 1356 PUBLIC LAW 103-272-JULY 5, 1994 §80501. Damage to transported property (a) CRIMINAL PENALTY. —^A person willfully damaging, or attempting to damage, property in the possession of an air carrier, motor carrier, or rail carrier and being transported in interstate or foreign commerce, shall be fined under title 18, imprisoned for not more than 10 years, or both. In a criminal proceeding under this section, a shipping document for the property is prima facie evidence of the places to which and from which the property was being transported. (b) PROHIBITION AGAINST MULTIPLE PROSECUTIONS FOR SAME ACT.—^A person may not be prosecuted for an act under this section when the person has been convicted or acquitted on the merits for the same act under the laws of a State, the District of Columbia, or a territory or possession of the United States. § 80502. Transportation of animals (a) CONFINEMENT.—(1) Except as provided in this section, a rail carrier, express carrier, or common carrier (except by air or water), a receiver, trustee, or lessee of one of those carriers, or an owner or master of a vessel transporting animals from a place in a State, the District of Columbia, or a territory or possession of the United States through or to a place in another State, the District of Columbia, or a territory or possession, may not confine animals in a vehicle or vessel for more than 28 consecutive hours without unloading the animals for feeding, water, and rest. (2) Sheep may be confined for an additional 8 consecutive hours without being unloaded when the 28-hour period of confinement ends at night. Animals may be confined for— (A) more than 28 hours when the animals cannot be unloaded because of accidental or unavoidable causes that could not have been anticipated or avoided when being careful; and (B) 36 consecutive hours when the owner or person having custody of animals being transported requests, in writing ana separate from a bill of lading or other rail form, that the 28-hour period be extended to 36 hours. (3) Time spent in loading and unloading animals is not included as part of a period of confinement under this subsection. (b) UNLOADING, FEEDING, WATERI5IG, AND REST.—Animals being transported shall be unloaded in a humane way into pens equipped for feeding, water, and rest for at least 5 consecutive hours. The owner or person having custody of the animals shall feed and water the animals. When the animals are not fed and watered by the owner or person having custody, the rail carrier, express carrier, or common carrier (except by air or water), the receiver, trustee, or lessee of one of those carriers, or the owner or master of a vessel transporting the animals— (1) shall feed and water the smimals at the reasonable expense of the owner or person having custody, except that f the owner or shipper may provide food; (2) has a lien on the animeds for providing food, care, and custody that may be collected at the destination in the same way that a transportation charge is collected; and (3) is not liable for detgdning the animals for a reasonable period to comply with subsection (a) of this section. (c) NONAPPLICATION.— This section does not apply when animals are transported in a vehicle or vessel in which the einimals have food, water, space, and an opportunity for rest.