49 U.S.C. § 80502 — Transportation of animals
submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 528 words · no verdicts yet
This law limits how long carriers can confine animals during interstate transport. Animals usually can't be confined more than 28 hours without food, water, and rest. Carriers that knowingly break this rule face a civil penalty.
(a) Confinement.
(1) Except as this section provides otherwise, a rail carrier, express carrier, or common carrier (other than by air or water) — including a receiver, trustee, or lessee of one of those carriers — or the owner or master of a vessel, may not confine animals in a vehicle or vessel for more than 28 consecutive hours without unloading them for feeding, water, and rest. This applies when the animals are being transported from one state, DC, or territory, through or into another.
(2) Sheep can be confined an extra 8 hours (36 total) without unloading, if the 28-hour period would otherwise end at night. Animals can also be confined:
(A) more than 28 hours, if they can't be unloaded because of an accident or unavoidable cause that couldn't have been anticipated or avoided by being careful; and
(B) up to 36 hours, if the owner or the person in charge of the animals asks in writing — separate from the bill of lading or other rail form — that the 28-hour limit be extended to 36 hours.
(3) Time spent loading or unloading the animals doesn't count toward the confinement period.
(b) Unloading, Feeding, Watering, and Rest. Animals must be unloaded in a humane way into pens with food, water, and rest space, for at least 5 straight hours. The owner or person in charge of the animals must feed and water them. If that person doesn't, the carrier (or the vessel's owner or master) must:
(1) feed and water the animals, at the owner's or custodian's expense — though the owner or shipper may supply the food instead;
(2) get a lien (a legal claim) on the animals for the cost of that food, care, and custody, collectible at the destination the same way a shipping charge is collected; and
(3) not be held liable for delaying delivery for a reasonable time to comply with subsection (a).
(c) Nonapplication. This section doesn't apply if the animals are transported in a vehicle or vessel that already gives them food, water, space, and a chance to rest.
(d) Civil Penalty. A carrier (or vessel owner or master) that knowingly and willfully violates this section owes the U.S. Government a civil penalty of between $100 and $500 for each violation. Once the Attorney General learns of a violation, they must sue to collect the penalty, in the federal district court where the violation happened or where the defendant lives or does business.
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.
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—
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
36 consecutive hours when the owner or person having custody of animals being transported requests, in writing and separate from a bill of lading or other rail form, that the 28-hour period be extended to 36 hours.
Time spent in loading and unloading animals is not included as part of a period of confinement under this subsection.
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—
shall feed and water the animals at the reasonable expense of the owner or person having custody, except that the owner or shipper may provide food;
has a lien on the animals for providing food, care, and custody that may be collected at the destination in the same way that a transportation charge is collected; and
is not liable for detaining the animals for a reasonable period to comply with subsection (a) of this section.
This section does not apply when animals are transported in a vehicle or vessel in which the animals have food, water, space, and an opportunity for rest.
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 that knowingly and willfully violates this section is liable to the United States Government for a civil penalty of at least $100 but not more than $500 for each violation. On learning of a violation, the Attorney General shall bring a civil action to collect the penalty in the district court of the United States for the judicial district in which the violation occurred or the defendant resides or does business.
Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1356.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 1356
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.
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