79 STAT. 432. Foreign currencies, release. 68 Stat. 456; 73 Stat.. 606. Employees on loan to states; health benefits. 68 Stat. 736. 5 USC 2091 note. 73 Stat. 708. 5 USC 3001 note. Working capital fund. 57 Stat. 393. SEC. 5. Section 104(a) of the Agricultural Trade Development and Assistance Act of 1954, as amended (7 U.S.C. 1704), is further amended by inserting, after the word "Provided,", the following: That the Secretary of Agriculture may release such amounts of the foreign currencies so set aside as he determines not to be needed, within a reasonable period of time, for such purpose: Provided further,". SEC. 6. Section 4 of the Act of August 2, 1956 (ch. 878, 70 Stat. 934; 7 U.S.C. 1884), is hereby amended (1) by striking the word "insurance" and substituting the word "benefits"; (2) by inserting after "Federal Employees' Group Life Insurance Act of 1954" the words "and the Federal Employees Health Benefits Act of 1959,"; and (3) by inserting after "employees' life insurance fund" the words "or the employees' health benefits fund, as the case may be,". SEC. 7. Section 1 of the Act of July 12, 1943 (5 U.S.C. 542-1), is hereby amended by striking out the word "reimbursed" and inserting in lieu therof the words "credited with advances or reimbursements and inserting after the word "Provided," the following: "That such advances shall not be available for any period beyond that provided by the Act appropriating the funds: Provided further,”. Transfer of funds. SEC. 8. Subject to limitations applicable with respect to each appropriation concerned, each appropriation available to the Department of Agriculture may be charged, at any time during a fiscal year, for the benefit of any other appropriation available to the Department, for the purpose of financing the procurement of materials and services, or financing activities or other costs, for which funds are available both in the financing appropriation so charged and in the appropriation so benefited; except that such expenses so financed shall be charged on a final basis, as of a date not later than the close of such fiscal year, to the appropriations so benefited, with appropriate credit to the financing appropriation. Repeal. SEC. 9. Section 8f of the Agricultural Adjustment Act of 1933, as amended (7 U.S.C. 608f), is hereby repealed. Approved August 4, 1965. LEGISLATIVE HISTORY: HOUSE REPORT No. 206 (Comm. on Agriculture). SENATE REPORT No. 506 (Comm. on Agriculture & Forestry). Apr. 5: Considered and passed House. 89th Congress, H. R. 7042 An Act To amend section 402 (d) of the Federal Food, Drug, and Cosmetic Act. 80 STAT. 231 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 402(d) Federal Food, of the Federal Food, Drug, and Cosmetic Act, as amended, is hereby Drug, and Cosamended to read as follows: "(d) If it is confectionery, and metic Act, amendment. "(1) has partially or completely imbedded therein any non- 52 Stat. 1046. nutritive object: Provided, That this clause shall not apply in the 21 USC 342. case of any nonnutritive object if, in the judgment of the Secretary as provided by regulations, such object is of practical functional value to the confectionery product and would not render the product injurious or hazardous to health; "(2) bears or contains any alcohol other than alcohol not in excess of one-half of 1 per centum by volume derived solely from the use of flavoring extracts; or "(3) bears or contains any nonnutritive substance: Provided, That this clause shall not apply to a safe nonnutritive substance which is in or on confectionery by reason of its use for some practical functional purpose in the manufacture, packaging, or storage of such confectionery if the use of the substance does not promote deception of the consumer or otherwise result in adulteration or misbranding in violation of any provision of this Act: And provided further, That the Secretary may, for the purpose of avoiding or resolving uncertainty as to the application of this clause, issue regulations allowing or prohibiting the use of particular nonnutritive substances." Approved June 29, 1966. LEG IS LATIVE HISTORY: HOUSE REPORT No. 376 (Comm. on Interstate & Foreign Commerce). CONGRESSIONAL RECORD: Vol. 111 (1965): Vol. 112 (1966): June 7, considered and passed House. June 16, House concurred in Senate amendment. 89th Congress, H. R. 13881 An Act To authorize the Secretary of Agriculture to regulate the transportation. sale, and handling of dogs, cats, and certain other animals intended to be used for purposes of research or experimentation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That, in order to Dogs, cats, and protect the owners of dogs and cats from theft of such pets, to prevent other animals the sale or use of dogs and cats which have been stolen, and to insure intended for rethat certain animals intended for use in research facilities are provided search or experihumane care and treatment, it is essential to regulate the transporta- mental use. tion, purchase, sale, housing, care, handling, and treatment of such animals by persons or organizations engaged in using them for research or experimental purposes or in transporting, buying, or selling them for such use. SEC. 2. When used in this Act (a) The term "person" includes any individual, partnership, firm, Definitions. joint stock company, corporation, association, trust, estate, or other legal entity; (b) The term "Secretary" means the Secretary of Agriculture; (c) The term "commerce" means commerce between any State, territory, possession, or the District of Columbia, or the Commonwealth of Puerto Rico, and any place outside thereof; or between points within the same State, territory, or possession, or the District of Columbia, or the Commonwealth of Puerto Rico, but through any place outside thereof; or within any territory, possession, or the District of Columbia; (d) The term "dog" means any live dog (Canis familiaris); (e) The term "cat" means any live cat (Felis catus); (f) The term "research facility" means any school, institution, organization, or person that uses or intends to use dogs or cats in research, tests, or experiments, and that (1) purchases or transports dogs or cats in commerce, or (2) receives funds under a grant, award, loan, or contract from a department, agency, or instrumentality of the United States for the purpose of carrying out research, tests, or experiments; (g) The term "dealer" means any person who for compensation or profit delivers for transportation, or transports, except as a common carrier, buys, or sells dogs or cats in commerce for research purposes: 80 STAT, 350, (h) The term "animal" means live dogs, cats, monkeys (nonhuman 80 STAT. 351. primate mammals), guinea pigs, hamsters, and rabbits. SEC. 3. The Secretary shall issue licenses to dealers upon applica- Licenses to tion therefor in such form and manner as he may prescribe and upon dealers. payment of such fee established pursuant to section 23 of this Act: Provided, That no such license shall be issued until the dealer shall have demonstrated that his facilities comply with the standards promulgated by the Secretary pursuant to section 13 of this Act: Provided, however. That any person who derives less than a substantial portion of his income (as determined by the Secretary) from the breeding and raising of dogs or cats on his own premises and sells any such dog or cat to a dealer or research facility shall not be required to obtain a license as a dealer under this Act. The Secretary is further authorized to license, as dealers, persons who do not qualify as dealers within the meaning of this Act upon such persons' complying with the requirements specified above and agreeing, in writing, to comply with all the requirements of this Act and the regulations promulgated by the Secretary hereunder. License requirement. Registration. Purchase restricions. Transactions by Enforcement. Recordkeeping. Identification. Humane standards, promulgation. 80 STAT. 351. 80 STAT. 352. Compliance by SEC. 4. No dealer shall sell or offer to sell or transport or offer for transportation to any research facility any dog or cat, or buy, sell, offer to buy or sell, transport or offer for transportation in commerce to or from another dealer under this Act any dog or cat, unless and until such dealer shall have obtained a license from the Secretary and such license shall not have been suspended or revoked. SEC. 5. No dealer shall sell or otherwise dispose of any dog or cat within a period of five business days after the acquisition of such animal or within such other period as may be specified by the Secretary. SEC. 6. Every research facility shall register with the Secretary in accordance with such rules and regulations as he may prescribe. SEC. 7. It shall be unlawful for any research facility to purchase any dog or cat from any person except a person holding a valid license as a dealer issued by the Secretary pursuant to this Act unless such person is exempted from obtaining such license under section 3 of this Act. SEC. 8. No department, agency, or instrumentality of the United States which uses animals for research or experimentation shall purchase or otherwise acquire any dog or cat for such purposes from any person except a person holding a valid license as a dealer issued by the Secretary pursuant to this Act unless such person is exempted from obtaining such license under section 3 of this Act. SEC. 9. When construing or enforcing the provisions of this Act, the act, omission, or failure of any individual acting for or employed by a research facility or a dealer, or a person licensed as a dealer pursuant to the second sentence of section 3, within the scope of his employment or office, shall be deemed the act, omission, or failure of such research facility, dealer, or other person as well as of such individual. SEC. 10. Research facilities and dealers shall make, and retain for such reasonable period of time as the Secretary may prescribe, such records with respect to the purchase, sale, transportation, identification, and previous ownership of dogs and cats but not monkeys, guinea pigs, hamsters, or rabbits as the Secretary may prescribe, upon forms supplied by the Secretary. Such records shall be made available at all reasonable times for inspection by the Secretary, by any Federal officer or employee designated by the Secretary. SEC. 11. All dogs and cats delivered for transportation, transported, purchased, or sold in commerce by any dealer shall be marked or identified at such time and in such humane manner as the Secretary may prescribe. SEC. 12. The Secretary is authorized to promulgate humane standards and recordkeeping requirements governing the purchase, han7dling, or sale of dogs or cats by dealers or research facilities at auction sales. SEC. 13. The Secretary shall establish and promulgate standards to govern the humane handling, care, treatment, and transportation of animals by dealers and research facilities. Such standards shall include minimum requirements with respect to the housing, feeding, watering, sanitation, ventilation, shelter from extremes of weather and temperature, separation by species, and adequate veterinary care. The foregoing shall not be construed as authorizing the Secretary to prescribe standards for the handling, care, or treatment of animals during actual research or experimentation by a research facility as determined by such research facility. SEC. 14. Any department, agency, or instrumentality of the United States having laboratory animal facilities shall comply with the standards promulgated by the Secretary for a research facility under sec tion 13. SEC. 15. (a) The Secretary shall consult and cooperate with other Federal departments, agencies, or instrumentalities concerned with the welfare of animals used for research or experimentation when establishing standards pursuant to section 13 and in carrying out the purposes of this Act. (b) The Secretary is authorized to cooperate with the officials of the various States or political subdivisions thereof in effectuating the purposes of this Act and of any State, local, or municipal legislation or ordinance on the same subject. SEC. 16. The Secretary shall make such investigations or inspections Investigations as he deems necessary to determine whether any dealer or research or inspections. facility has violated or is violating any provision of this Act or any regulation issued thereunder. The Secretary shall promulgate such rules and regulations as he deems necessary to permit inspectors to confiscate or destroy in a humane manner any animals found to be suffering as a result of a failure to comply with any provision of this Act or any regulation issued thereunder if (1) such animals are held by a dealer, or (2) such animals are held by a research facility and are no longer required by such research facility to carry out the research, test, or experiment for which such animals have been utilized. SEC. 17. The Secretary shall issue rules and regulations requiring licensed dealers and research facilities to permit inspection of their animals and records at reasonable hours upon request by legally constituted law enforcement agencies in search of lost animals. SEC. 18. Nothing in this Act shall be construed as authorizing the Secretary to promulgate rules, regulations, or orders for the handling, care, treatment, or inspection of animals during actual research or experimentation by a research facility as determined by such research facility. SEC. 19. (a) If the Secretary has reason to believe that any person Suspension of licensed as a dealer has violated or is violating any provision of this dealer's Act or any of the rules or regulations promulgated by the Secretary license. hereunder, the Secretary may suspend such person's license temporarily, but not to exceed twenty-one days, and, after notice and opportunity for hearing, may suspend for such additional period as he may specify or revoke such license, if such violation is determined to have occurred and may make an order that such person shall cease and desist from continuing such violation. (b) Any dealer aggrieved by a final order of the Secretary issued Judicial repursuant to subsection (a) of this section may, within sixty days view. after entry of such an order, seek review of such order in the manner provided in section 10 of the Administrative Procedure Act (5 U.S.C. 1009). (c) Any dealer who violates any provision of this Act shall, on conviction thereof, be subject to imprisonment for not more than one year or a fine of not more than $1,000, or both. 60 Stat. 243. 80 STAT 352. 80 STAT. 353. Violations by research SEC. 20. (a) If the Secretary has reason to believe that any research facility has violated or is violating any provision of this Act or any of the rules or regulations promulgated by the Secretary hereunder facilities. and if, after notice and opportunity for hearing, he finds a violation, he may make an order that such research facility shall cease and desist from continuing such violation. Such cease and desist order shall become effective fifteen days after issuance of the order. Any re- Penalty. search facility which knowingly fails to obey a cease-and-desist order made by the Secretary under this section shall be subject to a civil penalty of $500 for each offense, and each day during which such failure continues shall be deemed a separate offense. (b) Any research facility aggrieved by a final order of the Secretary Judical reissued pursuant to subsection (a) of this section may, within sixty view. days after entry of such order, seek review of such order in the district court for the district in which such research facility is located in the |