Pet Animal Welfare Statute of 2005 - Amends the Animal Welfare Act to revise the definition of dealer (in animals) to include: (1) sellers of dogs imported from outside the United States; and (2) persons who sell more than 25 dogs or cats or who whelp for sale more than six litters of dogs or cats annually.
Defines "retail pet store" for purposes of the Act as a public retail establishment that sells animals commonly kept as pets in U.S. households (e.g., dogs, cats, guinea pigs, rabbits, and hamsters). Excludes from such definition: (1) a person breeding animals to sell to the public as pets; (2) a person selling hunting, security, or breeding dogs; or (3) a person selling wild animals.
Requires dealers and retail pet stores to provide the Secretary of Agriculture with source records relating to the purchase or acquisition of dogs and cats.
Authorizes the Secretary to extend the period for the temporary suspension of a dealer license for a violation of the Act from 21 to 60 days, if the Secretary believes that such violation will continue past the initial 21-day period and will jeopardize the health of any animal.
Authorizes the Secretary to apply directly to a U.S. district court for a temporary restraining order or injunction to address violations of the Act.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1139 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 1139
To amend the Animal Welfare Act to strengthen the ability of the
Secretary of Agriculture to regulate the pet industry.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 26, 2005
Mr. Santorum (for himself and Mr. Durbin) introduced the following
bill; which was read twice and referred to the Committee on
Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Animal Welfare Act to strengthen the ability of the
Secretary of Agriculture to regulate the pet industry.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pet Animal Welfare Statute of
2005''.
SEC. 2. DEFINITIONS.
Section 2 of the Animal Welfare Act (7 U.S.C. 2132) is amended--
(1) by redesignating subsections (a), (b), (c), (d), (e),
(f), (g), (h), (i), (j), (k), (l), (m), (n), and (o) as
subsections (k), (o), (c), (p), (m), (e), (a), (f), (j), (b),
(g), (h), (l), (d), and (i), respectively and moving the
subsections so as to appear in alphabetical order;
(2) in subsection (e) (as redesignated by paragraph (1))--
(A) by striking ``or (2) any'' and all that follows
through ``include--'' and inserting ``(2) any dog for
hunting, security, or breeding purposes, or (3) any dog
imported from outside the United States, unless the dog
is imported by the person for the use and enjoyment of
the person, except that this term does not
include--'';
(B) in clause (i), by inserting ``, or which sells
any dogs imported from outside the United States''
before the semicolon; and
(C) by striking clause (ii) and inserting the
following:
``(ii) any person who, during any calendar
year--
``(I)(aa) sells not more than 25
dogs or cats at wholesale or to the
public; or
``(bb) does not whelp more than 6
litters of dogs or cats and sells only
dogs or cats bred or raised on the
premises of the person directly at
retail to persons who purchase such
animals for their own use and enjoyment
and not for resale; and
``(II) derives not more than $500
gross income from the sale of other
animals;''; and
(3) by inserting after subsection (m) (as redesignated by
subsection (a)) the following:
``(n) Retail Pet Store.--
``(1) In general.--The term `retail pet store' means a
public retail establishment that sells animals commonly kept as
pets in households in the United States, including--
``(A) dogs;
``(B) cats;
``(C) guinea pigs;
``(D) rabbits; and
``(E) hamsters.
``(2) Exclusion.--The term `retail pet store' does not
include--
``(A) a person breeding animals to sell to the
public as pets;
``(B) a person selling hunting, security, or
breeding dogs; or
``(C) a person selling wild animals.''.
SEC. 3. ACCESS TO SOURCE RECORDS FOR DOGS AND CATS.
Section 10 of the Animal Welfare Act (7 U.S.C. 2140) is amended--
(1) in the first sentence, by inserting ``(a) In General.--
'' before ``Dealers''; and
(2) by adding at the end the following:
``(b) Access to Source Records for Dogs and Cats.--Notwithstanding
any other provision of this Act, all dealers and retail pet stores
shall prepare, retain, and make available at all reasonable times for
inspection and copying by the Secretary, for such reasonable period of
time as the Secretary may prescribe, a record of--
``(1) the name and address of the person from whom each dog
or cat was purchased or otherwise acquired; and
``(2) whether the person from whom each dog or cat was
acquired is required to be licensed or registered under this
Act.''.
SEC. 4. EXTENSION OF TEMPORARY SUSPENSION PERIOD.
Section 19(a) of the Animal Welfare Act (7 U.S.C. 2149) is
amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end the following:
``(2) Extension of temporary suspension period.--If the Secretary
has reason to believe that a violation that results in a temporary
suspension pursuant to paragraph (1) is continuing or will continue
after the expiration of the 21-day temporary suspension period
described in that paragraph, and the violation will place the health of
any animal in serious danger in violation of this Act, the Secretary
may extend the temporary suspension period for such additional period
as is necessary to ensure that the health of an animal is not in
serious danger, as determined by the Secretary, but not to exceed 60
days.''.
SEC. 5. AUTHORITY TO APPLY FOR INJUNCTIONS.
Section 29 of the Animal Welfare Act (7 U.S.C. 2159) is amended--
(1) in subsection (a), by inserting ``or that any person is
acting as a dealer or exhibitor without a valid license that
has not been suspended or revoked, as required by this Act,''
after ``promulgated thereunder,'';
(2) in subsection (b), by striking the last sentence; and
(3) by adding at the end the following:
``(c) Injunctions; Representation.--
``(1) Injunctions.--The Secretary may apply directly to the
appropriate United States district court for a temporary
restraining order or injunction described in subsection (a).
``(2) Representation.--Attorneys of the Department of
Agriculture may represent the Secretary in United States
district court in any civil action brought under this
section.''.
SEC. 6. CONFORMING AMENDMENT.
Section 3 of the Animal Welfare Act (7 U.S.C. 2133) is amended by
striking ``: Provided however,'' and all that follows.
SEC. 7. EFFECT ON STATE LAW.
Nothing in this Act or the amendments made by this Act preempts any
State law (including a regulation) that provides stricter requirements
than the requirements provided in the amendments made by this Act.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S6031)
Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
Sponsor introductory remarks on measure. (CR S9148-9149)
Committee on Agriculture, Nutrition, and Forestry. Hearings held. Hearings printed: S.Hrg. 109-338.
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