§ 1824. — Unlawful acts.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1824]
TITLE 15--COMMERCE AND TRADE
CHAPTER 44--PROTECTION OF HORSES
Sec. 1824. Unlawful acts
The following conduct is prohibited:
(1) The shipping, transporting, moving, delivering, or receiving
of any horse which is sore with reason to believe that such horse
while it is sore may be shown, exhibited, entered for the purpose of
being shown or exhibited, sold, auctioned, or offered for sale, in
any horse show, horse exhibition, or horse sale or auction; except
that this paragraph does not apply to the shipping, transporting,
moving, delivering, or receiving of any horse by a common or
contract carrier or an employee thereof in the usual course of the
carrier's business or employee's employment unless the carrier or
employee has reason to believe that such horse is sore.
(2) The (A) showing or exhibiting, in any horse show or horse
exhibition, of any horse which is sore, (B) entering for the purpose
of showing or exhibiting in any horse show or horse exhibition, any
horse which is sore, (C) selling, auctioning, or offering for sale,
in any horse sale or auction, any horse which is sore, and (D)
allowing any activity described in clause (A), (B), or (C)
respecting a horse which is sore by the owner of such horse.
(3) The failure by the management of any horse show or horse
exhibition, which does not appoint and retain a person in accordance
with section 1823(c) of this title, to disqualify from being shown
or exhibited any horse which is sore.
(4) The failure by the management of any horse sale or auction,
which does not appoint and retain a qualified person in accordance
with section 1823(c) of this title, to prohibit the sale, offering
for sale, or auction of any horse which is sore.
(5) The failure by the management of any horse show or horse
exhibition, which has appointed and retained a person in accordance
with section 1823(c) of this title, to disqualify from being shown
or exhibited any horse (A) which is sore, and (B) after having been
notified by such person or the Secretary that the horse is sore or
after otherwise having knowledge that the horse is sore.
(6) The failure by the management of any horse sale or auction
which has appointed and retained a person in accordance with section
1823(c) of this title, to prohibit the sale, offering for sale, or
auction of any horse (A) which is sore, and (B) after having been
notified by such person or the Secretary or after otherwise having
knowledge that the horse is sore.
(7) The showing or exhibiting at a horse show or horse
exhibition; the selling or auctioning at a horse sale or auction;
the allowing to be shown, exhibited, or sold at a horse show, horse
exhibition, or horse sale or auction; the entering for the purpose
of showing or exhibiting in any horse show or horse exhibition; or
offering for sale at a horse sale or auction, any horse which is
wearing or bearing any equipment, device, paraphernalia, or
substance which the Secretary by regulation under section 1828 of
this title prohibits to prevent the soring of horses.
(8) The failing to establish, maintain, or submit records,
notices, reports, or other information required under section 1823
of this title.
(9) The failure or refusal to permit access to or copying of
records, or the failure or refusal to permit entry or inspection, as
required by section 1823 of this title.
(10) The removal of any marking required by the Secretary to
identify a horse as being detained.
(11) The failure or refusal to provide the Secretary with
adequate space or facilities, as the Secretary may by regulation
under section 1828 of this title prescribe, in which to conduct
inspections or any other activity authorized to be performed by the
Secretary under this chapter.
(Pub. L. 91-540, Sec. 5, Dec. 9, 1970, 84 Stat. 1405; Pub. L. 94-360,
Sec. 6, July 13, 1976, 90 Stat. 916.)
Amendments
1976--Pub. L. 94-360 substituted provisions prohibiting the
transportation, receipt, exhibition, sale, or auction of a sored horse,
and the showing, sale or auction of a horse bearing any device or
substance prohibited by regulation of the Secretary, and making the
management of a horse show, exhibition, or sale, responsible for failure
to disqualify such horses from participating, and for interfering with
the conducting of inspections by the Secretary of horses in the show or
of the management records, for provisions authorizing the inspection of
horses, transported in commerce, and requiring the management of shows
and exhibitions to maintain such records as the Secretary prescribes.
Provisions now covering the maintenance of records and the inspection of
horses are set out as section 1823 of this title.
Section Referred to in Other Sections
This section is referred to in sections 1825, 1827 of this title.
