The Environmental and Natural Resources Division of the Department of Justice (DOJ); the USDA Animal and Plant Health Inspection Service (APHIS) and the USDA Office of General Counsel have issued a Memorandum of Understanding (MOU) on civil and judicial implementation of the Animal Welfare Act. In the event of an overlap among federal agencies, MOUs designate the relative jurisdiction and responsibilities and coordination of activities including the sharing of information and enforcement.
Following an infraction of the Animal Welfare Act the Federal government can implement civil action through the DOJ requiring federal district court action. In most cases, the APHIS can pursue administrati
ve enforcement that can involve a warning with a settlement agreement with or without imposing a monetary penalty. APHIS has the authority to suspend or revoke licenses, issue cease-and-desist orders and impose civil penalties through the administrative law process.
The MOU establishes a priority for repeat offenders and egregious violators. Plants that will receive attention include facilities with a history of multiple citations or involving noncompliance. Licensees considered for suspension will have previously denied inspectors access or operate with defective records or exhibit a pattern of interference with inspectors. The MOU will facilitate coordinated action by the agencies involved.
The MOU is probably a response to a petition by animal rights and welfare organizations to allow local law enforcement and judicial agencies to intervene in cases of alleged deviations from the Animal Welfare Act.
Additional information can be obtained from the APHIS website www.aphis.usda.gov/awa/enforcement