HR 835 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 835CommentsClose CommentsPermalink

To amend the Animal Welfare Act to provide further protection for puppies.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

February 28, 2011CommentsClose CommentsPermalink

Mr. GERLACH (for himself, Mr. FARR, Mrs. CAPPS, and Mr. YOUNG of Florida) introduced the following bill; which was referred to the Committee on AgricultureCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To amend the Animal Welfare Act to provide further protection for puppies.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Puppy Uniform Protection and Safety Act’.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(1) in subsection (l), by striking ‘research.’ and inserting ‘research;’;CommentsClose CommentsPermalink





(2) in subsection (m), by striking ‘members.’ and inserting ‘members;’;CommentsClose CommentsPermalink





(3) in subsection (n), by striking ‘section 13(b); and’ and inserting ‘section 13(b);’;CommentsClose CommentsPermalink





(4) in subsection (o), by striking ‘experimentation.’ and inserting ‘experimentation; and’; andCommentsClose CommentsPermalink





(5) by adding at the end the following:CommentsClose CommentsPermalink





‘(p) High Volume Retail Breeder-CommentsClose CommentsPermalink





‘(1) DEFINITIONS- In this subsection:CommentsClose CommentsPermalink





‘(A) BREEDING FEMALE DOG- The term ‘breeding female dog’ means an intact female dog aged 4 months or older.CommentsClose CommentsPermalink





‘(B) HIGH VOLUME RETAIL BREEDER- The term ‘high volume retail breeder’ means a person who, in commerce, for compensation or profit--CommentsClose CommentsPermalink





‘(i) has an ownership interest in or custody of 1 or more breeding female dogs; andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) RELATIONSHIP TO DEALERS-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(B) EXCEPTION- The retail pet store exemption in subsection (f)(i) shall not apply to a high volume retail breeder.’.CommentsClose CommentsPermalink





(b) Licenses- Section 3 of the Animal Welfare Act (7 U.S.C. 2133) is amended--CommentsClose CommentsPermalink





(1) by striking ‘The Secretary’ and inserting ‘(a) In General- The Secretary’;CommentsClose CommentsPermalink





(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’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(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).’.CommentsClose CommentsPermalink





(c) Exercise Requirements- Section 13 of the Animal Welfare Act (7 U.S.C. 2143) is amended--CommentsClose CommentsPermalink





(1) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively;CommentsClose CommentsPermalink





(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); andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(j) Exercise Requirements-CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(A) each dog that is at least 12 weeks old (other than a female dog with unweaned puppies) has daily access to exercise that--CommentsClose CommentsPermalink





‘(i) allows the dog--CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(II) the ability to achieve a running stride; andCommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(B) the provided area for exercise--CommentsClose CommentsPermalink





‘(i) is separate from the primary enclosure if the primary enclosure does not provide sufficient space to achieve a running stride;CommentsClose CommentsPermalink





‘(ii) has flooring that--CommentsClose CommentsPermalink





‘(I) is sufficient to allow for the type of activity described in subparagraph (A); andCommentsClose CommentsPermalink





‘(II)(aa) is solid flooring; orCommentsClose CommentsPermalink

‘(bb) is nonsolid, nonwire flooring, if the nonsolid, nonwire flooring--CommentsClose CommentsPermalink

‘(AA) is safe for the breed, size, and age of the dog;CommentsClose CommentsPermalink

‘(BB) is free from protruding sharp edges; andCommentsClose CommentsPermalink

‘(CC) is designed so that the paw of the dog is unable to extend through or become caught in the flooring;CommentsClose CommentsPermalink

‘(iii) is cleaned at least once each day;CommentsClose CommentsPermalink





‘(iv) is free of infestation by pests or vermin; andCommentsClose CommentsPermalink





‘(v) is designed in a manner to prevent escape of the dogs.CommentsClose CommentsPermalink





‘(2) EXEMPTION-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(B) DOCUMENTATION- A determination described in subparagraph (A) shall be--CommentsClose CommentsPermalink





‘(i) documented by the veterinarian;CommentsClose CommentsPermalink





‘(ii) subject to review and approval by the Secretary; andCommentsClose CommentsPermalink





‘(iii) unless the basis for the determination is a permanent condition, reviewed and updated at least once every 30 days by the veterinarian.CommentsClose CommentsPermalink





‘(C) REPORTS- A determination described in subparagraph (A) shall be maintained by the dealer.’.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink