Petfax Act of 2020
This bill generally addresses the sale of animals as pets, including by requiring certain disclosures by a seller to a purchaser, prohibiting unfair or deceptive acts with respect to the sale of an animal as a pet, and restricting the licensing of certain pet dealers.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5715 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 5715
To improve honesty in pet sales, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 30, 2020
Mr. Crist (for himself and Mr. Reschenthaler) introduced the following
bill; which was referred to the Committee on Agriculture, and in
addition to the Committee on Energy and Commerce, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To improve honesty in pet sales, and for other purposes.
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 ``Petfax Act of 2020''.
SEC. 2. PROVISION OF INFORMATION TO PURCHASERS OF DOGS AND CATS.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Covered dog or cat.--The term ``covered dog or cat''
means a dog or cat bred and raised by any dealer that is
required to be licensed under section 3 of the Animal Welfare
Act (7 U.S.C. 2133).
(3) Covered seller.--
(A) In general.--The term ``covered seller''
means--
(i) a dealer;
(ii) a retail pet store; and
(iii) any other person that sells, or
offers for sale, dogs or cats, including
through the internet, for compensation or
profit other than on an intermittent basis.
(B) Exclusion.--The term ``covered seller'' does
not include--
(i) a public animal shelter; or
(ii) an organization--
(I) described in section 501(c)(3)
of the Internal Revenue Code of 1986
and exempt from taxation under 501(a)
of that Code; and
(II) that is involved in bona fide
animal adoption or rescue activities.
(4) Dealer.--The term ``dealer'' has the meaning given the
term in section 2 of the Animal Welfare Act (7 U.S.C. 2132).
(5) Financial consideration.--The term ``financial
consideration'' means any payment, including a donation, but
does not include--
(A) a payment made to a public animal shelter; or
(B) a payment that is made solely to reimburse a
person for the costs of caring for a dog or cat.
(6) Purchaser.--The term ``purchaser'' means a person
that--
(A) is not a dealer; and
(B) purchases a covered dog or cat.
(b) Requirement.--A covered seller may not sell, or offer for sale,
a covered dog or cat, including through the internet, unless, before
the purchase of the covered dog or cat, the covered seller provides to
the purchaser, in a form prescribed by the Commission--
(1) information relating to the source of the covered dog
or cat, including--
(A) the name, address, telephone number, and
Department of Agriculture license or registration
number (if such a number exists) of--
(i) the dealer that bred and raised the
covered dog or cat, and--
(I) the number of dogs and cats
bred by such dealer during the prior 2
years; and
(II) the number of dogs and cats
sold by such dealer during the prior 2
years;
(ii) the covered seller that acquired the
covered dog or cat from the dealer described in
clause (i), if any; and
(iii) each covered seller that acquired the
covered dog or cat thereafter, if any; and
(B) a listing and description of each violation of
the Animal Welfare Act (7 U.S.C. 2131 et seq.), if any,
during the prior 2 years by each dealer and covered
seller described in clauses (i), (ii), and (iii) of
subparagraph (A), as applicable; and
(2) information relating to the health history of the
covered dog or cat, including--
(A) the date of birth of covered dog or cat;
(B)(i) if the covered dog or cat has received
individual examinations by a licensed veterinarian--
(I) the most recent date on which the
covered cat or dog received an individual
examination by a licensed veterinarian; and
(II) the name, address, telephone number,
and State license number (if such a number
exists) of the licensed veterinarian described
in subclause (I); or
(ii) if the covered dog or cat has not received an
individual examination by a licensed veterinarian, a
statement that the covered dog or cat has not received
an examination by a licensed veterinarian; and
(C) a list of--
(i) each vaccine administered to the
covered dog or cat;
(ii) each congenital deformity, disease,
disorder, or condition that the covered seller
knows, or should reasonably know, affects the
covered dog or cat; and
(iii) each infectious disease, disorder, or
condition that the covered seller knows, or
should reasonably know, affects the covered dog
or cat.
(c) Transfers.--A covered seller providing to another covered
seller a covered dog or cat that will ultimately be sold to a purchaser
shall provide to the other covered seller the information described in
subsection (b).
(d) Application to Non-Profit Sellers.--Any organization described
in subsection (a)(3)(B)(ii) that acquires a dog or cat in exchange for
financial consideration shall disclose to any person seeking to acquire
such dog or cat from such organization in exchange for financial
consideration--
(1) the fact that such organization acquired such dog or
cat in exchange for financial consideration and the amount of
such consideration; and
(2) the name of the person from which the organization
acquired such dog or cat (if known to the organization).
(e) Regulations.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Commission shall promulgate
regulations under section 553 of title 5, United States Code,
to carry out this section.
(2) Requirements.--The regulations under paragraph (1)
shall--
(A) include the manner and method by which the
information described in subsection (b) may be provided
to a potential purchaser under that subsection, or to
another covered seller under subsection (c), as
applicable, to comply with this section; and
(B) provide that a covered seller that uses a
different manner or method than the manner and method
described in subparagraph (A) to provide the
information described in subsection (b) to a potential
purchaser under that subsection, or to another covered
seller under subsection (c), as applicable, may not be
determined to be in noncompliance with this section
solely because of the manner and method used.
(f) Effect.--Nothing in this section shall preempt any State or
local law.
SEC. 3. UNFAIR OR DECEPTIVE ACTS OR PRACTICES WITH RESPECT TO THE SALE
OF ANIMALS FOR USE AS PETS.
(a) Definitions.--In this section:
(1) Commission; covered seller.--The terms ``Commission''
and ``covered seller'' have the meanings given those terms in
section 2.
(2) High-volume breeder.--The term ``high-volume breeder''
means any person that--
(A) is engaged in the breeding of dogs or cats; and
(B)(i) is required to be licensed as a dealer under
section 3 of the Animal Welfare Act (7 U.S.C. 2133);
(ii) keeps on the premises of the person not fewer
than 4 breeding dogs or cats; or
(iii) during a 1-year period, sells not fewer than
25 dogs or cats that were bred on the premises of the
person.
(b) Unlawful Activity.--
(1) In general.--It is unlawful to engage in an unfair or
deceptive act or practice with respect to any sale of an animal
for use as a pet.
(2) Misrepresentations relating to the source of dogs and
cats.--It is a violation of paragraph (1) for a covered seller,
in selling, or negotiating the purchase or sale of, a dog or
cat, to misrepresent where the dog or cat was bred or the
source from which the covered seller acquired the dog or cat,
including by misrepresenting whether--
(A) a high-volume breeder bred the dog or cat; or
(B) the covered seller acquired the dog or cat from
a high-volume breeder.
(3) Violation of requirement to provide certain
information.--It is a violation of paragraph (1) for a covered
seller to sell a dog or cat in violation of section 2 on or
after the date that is 60 days after the date on which the
Commission promulgates regulations under subsection (e)(1) of
that section.
(c) Enforcement by the Commission.--
(1) In general.--This section shall be enforced by the
Commission under the Federal Trade Commission Act (15 U.S.C. 41
et seq.).
(2) Unfair or deceptive acts or practices.--A violation of
this section shall be treated as a violation of a rule defining
an unfair or deceptive act or practice prescribed under section
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)).
(3) Actions by the commission.--
(A) In general.--The Commission shall prevent any
person from violating this section in the same manner,
by the same means, and with the same jurisdiction,
powers, and duties as though all applicable terms and
provisions of the Federal Trade Commission Act (15
U.S.C. 41 et seq.) were incorporated into and made a
part of this section.
(B) Privileges and immunities.--Any person who
violates this section shall be subject to the penalties
and entitled to the privileges and immunities provided
under the Federal Trade Commission Act (15 U.S.C. 41 et
seq.).
(d) Effect.--
(1) Authority preserved.--Nothing in this section shall be
construed to limit the authority of the Commission, the
Secretary of Commerce, or the Secretary of Agriculture under
any other provision of law.
(2) Preemption.--Nothing in this section shall preempt any
State or local law.
SEC. 4. PUBLIC AVAILABILITY OF REGULATORY RECORDS.
Notwithstanding any other provision of law, not later than 90 days
after the date of enactment of this Act, the Secretary of Agriculture
(referred to in this section as the ``Secretary'') shall maintain and
promptly make available to the public in an online searchable database
in a machine-readable format on the website of the Department of
Agriculture information relating to the administration of the Animal
Welfare Act (7 U.S.C. 2131 et seq.) and the Horse Protection Act (15
U.S.C. 1821 et seq.), including--
(1) the entirety of each report of any inspection
conducted, and record of any enforcement action taken, at any
time under--
(A) either of those Acts; or
(B) any regulation issued under those Acts;
(2) with respect to the Animal Welfare Act--
(A) the entirety of each annual report submitted by
a research facility under section 13 of that Act (7
U.S.C. 2143); and
(B) the name, address, and license or registration
number of each research facility, exhibitor, dealer,
and other person or establishment--
(i) licensed by the Secretary under section
3 or 12 of that Act (7 U.S.C. 2133, 2142); or
(ii) registered with the Secretary under
section 6 of that Act (7 U.S.C. 2136); and
(3) with respect to the Horse Protection Act, the name and
address of--
(A) any person that is licensed to conduct any
inspection under section 4(c) of that Act (15 U.S.C.
1823(c)); or
(B) any organization or association that is
licensed by the Department of Agriculture to promote
horses through--
(i) the showing, exhibiting, sale, auction,
or registry of horses; or
(ii) the conduct of any activity that
contributes to the advancement of horses.
SEC. 5. PROHIBITION ON ISSUING LICENSES TO CERTAIN PERSONS AS A RESULT
OF LICENSE REVOCATION.
(a) Definition of Immediate Family Member.--Section 2 of the Animal
Welfare Act (7 U.S.C. 2132) is amended by adding at the end the
following:
``(p) The term `immediate family member' means, with respect to a
dealer--
``(1) a spouse, domestic partner, child, parent, brother,
sister, grandparent, or grandchild of the dealer; and
``(2) a spouse or domestic partner of a child, parent,
brother, sister, grandparent, or grandchild of the dealer.''.
(b) Prohibition on Issuing Licenses to Certain Persons as a Result
of License Revocation.--Section 3 of the Animal Welfare Act (7 U.S.C.
2133) is amended--
(1) by striking the section designation and all that
follows through ``The Secretary shall'' and inserting the
following:
``SEC. 3. LICENSES.
``(a) In General.--The Secretary shall'';
(2) in subsection (a) (as so designated), in the first
sentence, in the first proviso--
(A) by inserting ``or renewed'' after ``issued'';
and
(B) by striking ``demonstrated that his
facilities'' and inserting ``demonstrated through
facility inspection that the facilities''; and
(3) by adding at the end the following:
``(b) Prohibition on Issuing Licenses to Certain Persons as a
Result of License Suspension or Revocation.--
``(1) In general.--The Secretary shall not issue or renew a
license for the purpose of being a dealer of dogs or cats to a
person who is an immediate family member of, or who resides at
the same address of, a dealer of dogs or cats if--
``(A) the license is for purposes of operating a
facility for dogs or cats at a location that the dealer
has used as a facility for dogs or cats; and
``(B) within the last 10 years, a license of that
dealer has been suspended after notice and opportunity
for hearing or revoked pursuant to section 19(a).
``(2) Exception.--Paragraph (1) shall not apply to a person
described in that paragraph if that person shows by clear and
convincing evidence that a dealer described in that paragraph--
``(A) will have no ownership interest in the
facility for which that person seeks a license;
``(B) will play no role in the care of dogs or cats
at the facility; and
``(C) will play no role in the management of the
facility.
``(c) Prohibition on Issuing Licenses to Certain Legal Entities as
a Result of License Suspension or Revocation.--
``(1) In general.--The Secretary shall not issue or renew a
license for the purpose of being a dealer of dogs or cats to
any person that is a partnership, firm, joint stock company,
corporation, association, trust, estate, or other legal entity
if any person who holds an ownership interest in the
partnership, firm, joint stock company, corporation,
association, trust, estate, or other legal entity--
``(A) previously held a license for purposes of
operating a facility for dogs or cats at the same
address of the facility for which the license is being
sought; and
``(B) within the last 10 years, that license has
been suspended after notice and opportunity for hearing
or revoked pursuant to section 19(a).
``(2) Exception.--Paragraph (1) shall not apply to a person
seeking the issuance or renewal of a license described in that
paragraph if that person shows by clear and convincing evidence
that a person who previously held a license for purposes of
operating a facility for dogs or cats described in subparagraph
(A) of that paragraph--
``(A) will play no role in the care of dogs or cats
at the facility; and
``(B) will play no role in the management of the
facility.
``(d) 10-Year Bar for Suspension or Revocation of a License of a
Dealer of Dogs or Cats.--The Secretary shall not issue or renew a
license for the purpose of being a dealer of dogs or cats to a person
if--
``(1) within the last 10 years, a license for the purpose
of being a dealer of dogs or cats of that person has been
suspended after notice and opportunity for hearing or revoked
pursuant to section 19(a); and
``(2) the license is for purposes of operating a facility
for dogs or cats at a location that the person has used as a
facility for dogs or cats.''.
(c) Revocation of Improperly Granted Licenses.--Section 19 of the
Animal Welfare Act (7 U.S.C. 2149) is amended by adding at the end the
following:
``(e) Revocation of Improperly Granted Licenses.--The Secretary
shall revoke a license issued after the date of enactment of this
subsection if the Secretary subsequently determines that, at the time
of issuance, the issuance of the license violated section 3.''.
(d) Regulations.--
(1) In general.--The Secretary of Agriculture may prescribe
such regulations as the Secretary of Agriculture determines to
be necessary to implement the amendments made by this section.
(2) Deadline.--Any regulations under paragraph (1) shall be
prescribed not later than 1 year after the date of enactment of
this Act.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Agriculture, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Agriculture, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Livestock and Foreign Agriculture.
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