[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 540 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                 S. 540

To require the Food and Drug Administration to permit the sale of baby 
     turtles as pets so long as the seller uses proven methods to 
                     effectively treat salmonella.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 8, 2007

  Mr. Vitter (for himself and Ms. Landrieu) introduced the following 
      bill; which was read twice and referred to the Committee on 
                  Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
To require the Food and Drug Administration to permit the sale of baby 
     turtles as pets so long as the seller uses proven methods to 
                     effectively treat salmonella.

    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 ``Domestic Pet Turtle Market Access 
Act of 2007''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Pet turtles less than 10.2 centimeters in diameter have 
        been banned for sale in the United States by the Food and Drug 
        Administration since 1975 due to health concerns.
            (2) The Food and Drug Administration does not ban the sale 
        of iguanas or other lizards, snakes, frogs, or other amphibians 
        or reptiles that are sold as pets in the United States that 
        also carry salmonella bacteria. The Food and Drug 
        Administration also does not require that these animals be 
        treated for salmonella bacteria before being sold as pets.
            (3) The technology to treat turtles for salmonella, and 
        make them safe for sale, has greatly advanced since 1975. 
        Treatments exist that can nearly eradicate salmonella from 
        turtles, and individuals are more aware of the causes of 
        salmonella, how to treat salmonella poisoning, and the 
        seriousness associated with salmonella poisoning.
            (4) University research has shown that these turtles can be 
        treated in such a way that they can be raised, shipped, and 
        distributed without having a recolonization of salmonella.
            (5) University research has also shown that pet owners can 
        be equipped with a treatment regiment that allows the turtle to 
        be maintained safe from salmonella.
            (6) The Food and Drug Administration should allow the sale 
        of turtles less than 10.2 centimeters in diameter as pets as 
        long as the sellers are required to use proven methods to treat 
        the turtles for salmonella and maintain a safe pet.

SEC. 3. SALE OF BABY TURTLES.

    (a) In General.--Notwithstanding any other provision of law, the 
Food and Drug Administration shall not restrict the sale by a turtle 
farmer or other commercial retail seller of a turtle that is less than 
10.2 centimeters in diameter as a pet if--
            (1) the turtle is raised, shipped, and sold using methods 
        that are proven to keep the turtle free of salmonella, using 
        salmonella safety standards that are comparable to such 
        standards relating to other animals, including reptiles and 
        amphibians, that are allowed for sale as pets, or animal 
        products that are allowed for sale as food products;
            (2) the Administration has approved a plan submitted by the 
        turtle farmer or commercial retail seller involved relating to 
        compliance with paragraph (1); and
            (3) the farmer or other commercial retail seller includes, 
        with the sale of such a turtle, a disclosure to the buyer that 
        includes--
                    (A) information regarding--
                            (i) the dangers, including possible severe 
                        illness or death, especially for at-risk people 
                        who may be susceptible to salmonella poisoning, 
                        such as children, pregnant women, and others 
                        who may have weak immune systems, that could 
                        result if the turtle is not properly handled 
                        and safely maintained;
                            (ii) the proper handling of the turtle, 
                        including an explanation of proper hygiene such 
                        as handwashing after handling a turtle; and
                            (iii) the proven methods of treatment that, 
                        if properly applied, keep the turtle safe from 
                        salmonella;
                    (B) a detailed explanation of how to properly treat 
                the turtle to keep it safe from salmonella, using the 
                proven methods of treatment referred to under 
                subparagraph (A), and how the buyer can continue to 
                purchase the tools, treatments, or any other required 
                item to continually treat the turtle; and
                    (C) a statement that buyers of pet turtles should 
                not abandon the turtle or abandon it outside, as the 
                turtle may become an invasive species to the local 
                community, but should instead return them to a 
                commercial retail pet seller or other organization that 
                would accept turtles no longer wanted as pets.
    (b) Plan.--
            (1) In general.--A turtle farmer or other commercial seller 
        that desires to sell a turtle as provided for under subsection 
        (a) shall submit a plan to the Food and Drug Administration 
        that details the manner in which the farmer or seller will 
        ensure compliance with the requirements of subsection (a)(1) 
        with respect to the turtles involved. The plan shall include 
        use of non-antibiotic compounds that suppress or eliminate the 
        presence of salmonella in turtle hatchlings.
            (2) Action by fda.--Not later 30 days after the date on 
        which the Food and Drug Administration receives a plan under 
        paragraph (1), the Administration shall accept or reject such 
        plan. If such plan is rejected, the Administration shall 
        provide clear, specific guidance on the reasons for such 
        rejection. The Administration may only reject such a plan if it 
        is determined that the plan fails to achieve the same 
        salmonella safety standards as such standards relating to other 
        animals, including reptiles and amphibians, that are allowed 
        for sale as pets, or animal products that are allowed for sale 
        as food products.
    (c) Rule of Construction.--Nothing in this section shall be 
construed to permit the Food and Drug Administration to hold the sale 
of turtles less than 10.2 centimeters in diameter as a pet to any 
greater salmonella safety standard applicable to other reptiles or 
amphibians sold as pets, animals sold as pets, or food products 
regulated by such Administration.
                                 <all>