The Farm Bill (P.L. 107-171, signed into law on May 13, 2002) included provisions amending Section 26 of the Animal Welfare Act (AWA).  The key changes, which take effect 1 year after the date of enactment, are summarized as follows:

Interstate Commerce – It will no longer be legal to knowingly sell, buy, transport, deliver, or receive a bird in interstate commerce for purposes of participation in a fighting venture, regardless of the law in the destination state.  Prior to the Farm Bill, the AWA had prohibited such interstate commerce of fighting dogs and other animals, but allowed an exception for birds destined to fight in a state that allows cockfighting.

Foreign Commerce – The definition of foreign commerce was expanded to include any movement from any State into any foreign country.  Prior law had defined foreign commerce only as any movement from a foreign country into any State.  It is illegal to sponsor, exhibit, sell, buy, transport, deliver, or receive any bird, dog, or other animal in foreign commerce for participation in a fighting venture.

Sponsoring or Exhibiting – In states where cockfighting is allowed, it will be illegal to sponsor or exhibit a bird in a fighting venture if the person knew that any bird was bought, sold, delivered, transported, or received in interstate or foreign commerce for participation in the fighting venture.  In states where cockfighting is not allowed, sponsoring or exhibiting a bird in a fighting venture has been, and will continue to be, illegal under federal law if any bird in the venture was moved in interstate or foreign commerce.  Sponsoring or exhibiting a dog or other animal in a fighting venture will also continue to be illegal under the AWA if any animal in the venture was moved in interstate or foreign commerce.

Postal Service and Interstate Instrumentalities – It will continue to be illegal to use the Postal Service or any interstate instrumentality to promote an animal fighting venture in the United States (e.g., through advertisement), unless the venture involves birds and the fight is to take place in a state that allows cockfighting.  In no event may the Postal Service or other interstate instrumentality be used to transport an animal for purposes of having the animal participate in a fighting venture, even if such fighting is allowed in the destination state, pursuant to Section 26(a) and Section 26(b).

Penalties – Each violation under Section 26 will be subject to a fine of up to $15,000 and/or imprisonment for up to 1 year.  Prior law provided for the same potential jail time, but a maximum fine of only $5,000.