§ 1823. — Horse shows and exhibitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1823]
TITLE 15--COMMERCE AND TRADE
CHAPTER 44--PROTECTION OF HORSES
Sec. 1823. Horse shows and exhibitions
(a) Disqualification of horses
The management of any horse show or horse exhibition shall
disqualify any horse from being shown or exhibited (1) which is sore or
(2) if the management has been notified by a person appointed in
accordance with regulations under subsection (c) of this section or by
the Secretary that the horse is sore.
(b) Prohibited activities
The management of any horse sale or auction shall prohibit the sale
or auction or exhibition for the purpose of sale of any horse (1) which
is sore or (2) if the management has been notified by a person appointed
in accordance with regulations under subsection (c) of this section or
by the Secretary that the horse is sore.
(c) Appointment of inspectors; manner of inspections
The Secretary shall prescribe by regulation requirements for the
appointment by the management of any horse show, horse exhibition, or
horse sale or auction of persons qualified to detect and diagnose a
horse which is sore or to otherwise inspect horses for the purposes of
enforcing this chapter. Such requirements shall prohibit the appointment
of persons who, after notice and opportunity for a hearing, have been
disqualified by the Secretary to make such detection, diagnosis, or
inspection. Appointment of a person in accordance with the requirements
prescribed under this subsection shall not be construed as authorizing
such person to conduct inspections in a manner other than that
prescribed for inspections by the Secretary (or the Secretary's
representative) under subsection (e) of this section.
(d) Recordkeeping and reporting requirements; availability of records
The management of a horse show, horse exhibition, or horse sale or
auction shall establish and maintain such records, make such reports,
and provide such information as the Secretary may by regulation
reasonably require for the purposes of implementing this chapter or to
determine compliance with this chapter. Upon request of an officer or
employee duly designated by the Secretary, such management shall permit
entry at all reasonable times for the inspection and copying (on or off
the premises) of records required to be maintained under this
subsection.
(e) Inspection by Secretary or duly appointed representative
For purposes of enforcement of this chapter (including any
regulation promulgated under this chapter) the Secretary, or any
representative of the Secretary duly designated by the Secretary, may
inspect any horse show, horse exhibition, or horse sale or auction or
any horse at any such show, exhibition, sale, or auction. Such an
inspection may only be made upon presenting appropriate credentials.
Each such inspection shall be commenced and completed with reasonable
promptness and shall be conducted within reasonable limits and in a
reasonable manner. An inspection under this subsection shall extend to
all things (including records) bearing on whether the requirements of
this chapter have been complied with.
(Pub. L. 91-540, Sec. 4, Dec. 9, 1970, 84 Stat. 1405; Pub. L. 94-360,
Sec. 5, July 13, 1976, 90 Stat. 916.)
Amendments
1976--Pub. L. 94-360 substituted provisions relating to the
inspection and disqualification of horses participating in horse shows
and exhibitions, the issuance of regulations by the Secretary, and the
maintenance of records by horse show management, for provisions
prohibiting as constituting unlawful acts the exhibition of sored
horses, the transportation in commerce for purposes of exhibition of any
horse that had been sored, and the conducting of any show or exhibition
in which sored horses appear. Provisions now covering such unlawful acts
are set out as section 1824 of this title.
Section Referred to in Other Sections
This section is referred to in sections 1824, 1825 of this title.
