Puppy Uniform Protection and Safety Act - Amends the Animal Welfare Act to define a "high volume retail breeder" as a person who, in commerce, for compensation or profit: (1) has an ownership interest in or custody of one or more breeding female dogs; and (2) sells, via any means of conveyance, more than 50 of the offspring of such dogs for use as pets in any one-year period. Considers such a breeder of dogs to be a dealer.
Requires dealers to include on licensing applications and annual renewals the total number of dogs exempted from exercise on the premises of the dealer in the preceding year by a licensed veterinarian.
Requires the Secretary of Agriculture to promulgate requirements for the exercise of dogs at facilities owned or operated by a dealer, including requiring daily access to exercise that: (1) allows the dogs to move sufficiently in a way that is not forced, repetitive, or restrictive; and (2) is in an area that is spacious, cleaned at least once a day, free of infestation by pests or vermin, and designed to prevent the dogs from escaping. Allows an exemption if: (1) a licensed veterinarian determines that a dog should not exercise because of the health, condition, or well-being of the dog; and (2) such determination is reviewed and updated at least once every 30 days by the veterinarian, unless the basis for the determination is a permanent condition. Subjects such a determination to review and approval by the Secretary.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5434 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 5434
To amend the Animal Welfare Act to provide further protection for
puppies.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 27, 2010
Mr. Farr (for himself, Mr. Gerlach, Mrs. Capps, and Mr. Young of
Florida) introduced the following bill; which was referred to the
Committee on Agriculture
_______________________________________________________________________
A BILL
To amend the Animal Welfare Act to provide further protection for
puppies.
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 ``Puppy Uniform Protection and Safety
Act''.
SEC. 2. PROTECTION OF PUPPIES UNDER THE ANIMAL WELFARE ACT.
(a) High Volume Retail Breeder Defined.--Section 2 of the Animal
Welfare Act (7 U.S.C. 2132) is amended--
(1) in subsection (l), by striking ``research.'' and
inserting ``research;'';
(2) in subsection (m), by striking ``members.'' and
inserting ``members;'';
(3) in subsection (n), by striking ``section 13(b); and''
and inserting ``section 13(b);'';
(4) in subsection (o), by striking ``experimentation.'' and
inserting ``experimentation; and''; and
(5) by adding at the end the following:
``(p) High Volume Retail Breeder.--
``(1) Definitions.--In this subsection:
``(A) Breeding female dog.--The term `breeding
female dog' means an intact female dog aged 4 months or
older.
``(B) High volume retail breeder.--The term `high
volume retail breeder' means a person who, in commerce,
for compensation or profit--
``(i) has an ownership interest in or
custody of 1 or more breeding female dogs; and
``(ii) sells or offers for sale, via any
means of conveyance (including the Internet,
telephone, or newspaper), more than 50 of the
offspring of such breeding female dogs for use
as pets in any 1-year period.
``(2) Relationship to dealers.--
``(A) In general.--For purposes of this Act, a high
volume retail breeder shall be considered to be a
dealer and subject to all provisions of this Act
applicable to a dealer.
``(B) Exception.--The retail pet store exemption in
subsection (f)(i) shall not apply to a high volume
retail breeder.''.
(b) Licenses.--Section 3 of the Animal Welfare Act (7 U.S.C. 2133)
is amended--
(1) by striking ``The Secretary'' and inserting ``(a) In
General.--The Secretary'';
(2) in subsection (a) (as so designated), in the second
proviso of the first sentence, by inserting ``(other than a
high volume retail breeder)'' after ``any retail pet store or
other person''; and
(3) by adding at the end the following:
``(b) Dealers.--A dealer (including a high volume retail breeder)
applying for a license under subsection (a) (including annual renewals)
shall include on the license application the total number of dogs
exempted from exercise on the premises of the dealer in the preceding
year by a licensed veterinarian under section 13(j)(2).''.
(c) Exercise Requirements.--Section 13 of the Animal Welfare Act (7
U.S.C. 2143) is amended--
(1) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively;
(2) by redesignating the second subsection (f) (as
redesignated by section 1752(a)(1) of Public Law 99-198 (99
Stat. 1645)) as subsection (g); and
(3) by adding at the end the following:
``(j) Exercise Requirements.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Secretary shall promulgate
standards covering dealers that include requirements for the
exercise of dogs at facilities owned or operated by a dealer,
including exercise regulations that ensure that--
``(A) each dog that is at least 12 weeks old (other
than a female dog with unweaned puppies) has daily
access to exercise that--
``(i) allows the dog--
``(I) to move sufficiently to
develop or maintain normal muscle tone
and mass as appropriate for the age,
breed, sex, and reproductive status of
the dog; and
``(II) the ability to achieve a
running stride; and
``(ii) is not a forced activity (other than
a forced activity used for veterinary
treatment) or other physical activity that is
repetitive, restrictive of other activities,
solitary, and goal-oriented;
``(B) the provided area for exercise--
``(i) is separate from the primary
enclosure if the primary enclosure does not
provide sufficient space to achieve a running
stride;
``(ii) has flooring that--
``(I) is sufficient to allow for
the type of activity described in
subparagraph (A); and
``(II)(aa) is solid flooring; or
``(bb) is nonsolid, nonwire
flooring, if the nonsolid,
nonwire flooring--
``(AA) is safe for
the breed, size, and
age of the dog;
``(BB) is free from
protruding sharp edges;
and
``(CC) is designed
so that the paw of the
dog is unable to extend
through or become
caught in the flooring;
``(iii) is cleaned at least once each day;
``(iv) is free of infestation by pests or
vermin; and
``(v) is designed in a manner to prevent
escape of the dogs.
``(2) Exemption.--
``(A) In general.--If a licensed veterinarian
determines that a dog should not exercise because of
the health, condition, or well-being of the dog, this
subsection shall not apply to that dog.
``(B) Documentation.--A determination described in
subparagraph (A) shall be--
``(i) documented by the veterinarian;
``(ii) subject to review and approval by
the Secretary; and
``(iii) unless the basis for the
determination is a permanent condition,
reviewed and updated at least once every 30
days by the veterinarian.
``(C) Reports.--A determination described in
subparagraph (A) shall be maintained by the dealer.''.
SEC. 3. REGULATIONS.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Agriculture shall promulgate any regulations that the
Secretary determines to be necessary to implement this Act and the
amendments made by this Act.
SEC. 4. EFFECT ON STATE LAW.
Nothing in this Act or the amendments made by this Act preempt any
law (including a regulation) of a State, or a political subdivision of
a State, containing requirements that provide equivalent or greater
protection for animals than the requirements of this Act or the
amendments made by this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Agriculture.
Referred to the Subcommittee on Livestock, Dairy, and Poultry.
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