1.
This Act may be cited as the
Pet Safety and Protection Act of
2005
.
2.
(a)
Section 7 of the Animal
Welfare Act (7 U.S.C.
2137) is amended to read as follows:
7.
Sources of dogs and cats for research facilities
(a)
In this section, the term
person means any individual, partnership, firm, joint stock
company, corporation, association, trust, estate, pound, shelter, or other
legal entity.
(b)
No research facility or
Federal research facility may use a dog or cat for research or educational
purposes if the dog or cat was obtained from a person other than a person
described in subsection (d).
(c)
Selling, donating, or offering dogs and cats
No person, other than a
person described in subsection (d), may sell, donate, or offer a dog or cat to
any research facility or Federal research facility.
(d)
A person from whom a
research facility or a Federal research facility may obtain a dog or cat for
research or educational purposes under subsection (b), and a person who may
sell, donate, or offer a dog or cat to a research facility or a Federal
research facility under subsection (c), shall be—
(1)
a dealer licensed under
section 3 that has bred and raised the dog or cat;
(2)
a publicly owned and
operated pound or shelter that—
(A)
is registered with the
Secretary;
(B)
is in compliance with
section 28(a)(1) and with the requirements for dealers in subsections (b) and
(c) of section 28; and
(C)
obtained the dog or cat
from its legal owner, other than a pound or shelter;
(3)
a person that is donating
the dog or cat and that—
(A)
bred and raised the dog or
cat; or
(B)
owned the dog or cat for
not less than 1 year immediately preceding the donation;
(4)
a research facility
licensed by the Secretary; and
(5)
a Federal research facility
licensed by the Secretary.
(e)
(1)
A person that violates this
section shall be fined $1,000 for each violation.
(2)
A penalty under this
subsection shall be in addition to any other applicable penalty.
(f)
No required sale or donation
Nothing in this section
requires a pound or shelter to sell, donate, or offer a dog or cat to a
research facility or Federal research facility.
.
(b)
Federal research facilities
Section 8 of the Animal
Welfare Act (7 U.S.C.
2138) is amended—
(1)
by striking Sec. 8. No
department
and inserting the following:
8.
Federal research facilities
Except as provided in
section 7, no department
;
(2)
by striking research
or experimentation or
; and
(3)
by striking such
purposes
and inserting that purpose
.
(c)
Section 28(b)(1) of the
Animal Welfare Act (7 U.S.C. 2158(b)(1)) is
amended by striking individual or entity
and inserting
research facility or Federal research facility
.
3.
The amendments made by section
2 take effect on the date that is 90 days after the date of enactment of this
Act.