[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3424 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3424

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 25, 2010

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

_______________________________________________________________________

                                 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>