Page:United States Statutes at Large Volume 104 Part 5.djvu/745

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PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 4067 person, pound, or shelter was notified that such dog or cat may be used for research or educational purposes; "(E) the date of the purchase or acquisition referred to in subparagraph (D); "(F) a statement by the pound or shelter (if the dealer acquired the dog or cat from such) that it satisfied the requirements of subsection (b); and "(G) any other information that the Secretary of Agriculture by regulation shall determine appropriate. "(3) RECORDS. —The original certification required under paragraph (1) shall accompany the shipment of a dog or cat to be sold, provided, or otherwise made available by the dealer, and shall be kept and maintained by the research facility for a period of at least one year for enforcement purposes. The dealer shall retain one copy of the certification provided under this paragraph for a period of at least one year for enforcement purposes. "(4) TRANSFERS.— In instances where one research facility transfers animals to another research facility a copy of the certificate must accompany such transfer. "(5) MODIFICATION. —Certification requirements may be modified to reflect technological advances in identification techniques, such as microchip technology, if the Secretary determines that adequate information such as described in this section, will be collected, transferred, and maintained through such technology. " (c) ENFORCEMENT. — "(1) IN GENERAL.— Dealers who fail to act according to the requirements of this section or who include false information in the certification required under subsection (b), shall be subject to the penalties provided for under section 19. "(2) SUBSEQUENT VIOLATIONS. — Any dealer who violates this section more than one time shall be subject to a fine of $5,000 per dog or cat acquired or sold in violation of this section. "(3) PERMANENT REVOCATIONS.— Any dealer who violates this section three or more times shall have such dealers license permanently revoked. "(d) REGULATION.—Not later than 180 days after the date of enactment of this section, the Secretary shall promulgate regulations to carry out this section. "SEC. 29. AUTHORITY TO APPLY FOR INJUNCTIONS. 7 USC 2159. "(a) REQUEST.— Whenever the Secretary has reason to believe that any dealer, carrier, exhibitor, or intermediate handler is dealing in stolen animals, or is placing the health of any animal in serious danger in violation of this Act or the regulations or standards promulgated thereunder, the Secretary shall notify the Attorney General, who may apply to the United States district court in which such dealer, carrier, exhibitor, or intermediate handler resides or conducts business for a temporary restraining order or injunction to prevent any such person from operating in violation of this Act or the regulations and standards prescribed under this Act. "(h) ISSUANCE.—The court shall, upon a proper showing, issue a temporary restraining order or injunction under subsection (a) without bond. Such injunction or order shall remain in effect until a complaint pursuant to section 19 is issued and dismissed by the Secretary or until an order to cease and desist made thereon by the