[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1385 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 1385

 To amend the Animal Welfare Act to establish additional requirements 
                  for dealers, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 27, 2021

Mr. Durbin (for himself, Mr. Carper, Mrs. Shaheen, Mr. Blumenthal, Ms. 
Warren, Mr. Leahy, Mrs. Feinstein, Mr. Casey, Mr. Reed, Ms. Smith, Mr. 
  Booker, Mrs. Gillibrand, and Mr. Merkley) 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 establish additional requirements 
                  for dealers, 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 ``Puppy Protection Act of 2021''.

SEC. 2. ADDITIONAL REQUIREMENTS FOR DEALERS.

    (a) Humane Treatment of Dogs by Dealers.--Section 13(a) of the 
Animal Welfare Act (7 U.S.C. 2143(a)) is amended by adding at the end 
the following:
    ``(9) In addition to the requirements under paragraph (2), the 
standards described in paragraph (1) shall, with respect to dealers, 
include requirements--
            ``(A) that the dealer provide adequate housing for dogs 
        that includes--
                    ``(i) completely solid flooring;
                    ``(ii) indoor space sufficient to allow the tallest 
                dog in an enclosure to stand on his or her hind legs 
                without touching the roof of the enclosure;
                    ``(iii) with respect to dogs over 8 weeks in age, 
                primary enclosures that, with the length of the dog 
                measured from the tip of the nose to the base of the 
                tail, provide at least--
                            ``(I) 12 square feet of indoor floor space 
                        per each dog measuring not more than 25 inches 
                        long;
                            ``(II) 20 square feet of indoor floor space 
                        per each dog measuring more than 25 but less 
                        than 35 inches long; and
                            ``(III) 30 square feet of indoor floor 
                        space per each dog measuring not less than 35 
                        inches long;
                    ``(iv) enclosures that are not stacked or otherwise 
                placed on top of or below another enclosure; and
                    ``(v) temperature control that--
                            ``(I) is appropriate for the age, breed, 
                        and condition of each dog in the enclosure; and
                            ``(II) is between 45 and 85 degrees 
                        Fahrenheit, when dogs are present in the 
                        enclosure;
            ``(B) that appropriate and nutritious food be provided to 
        each dog at least twice per day, in an amount sufficient to 
        maintain the good health and physical condition of each dog;
            ``(C) that each dog has continuous access to potable water 
        that is not frozen and is free of feces, algae, and other 
        contaminants;
            ``(D) that each dog has adequate exercise, including, for 
        each dog over the age of 12 weeks--
                    ``(i) except as provided in clause (ii), 
                unrestricted access from the primary enclosure of the 
                dog during daylight hours to an outdoor exercise area 
                that--
                            ``(I) is at ground-level;
                            ``(II) is a solid surface;
                            ``(III) is enclosed by a fence or other 
                        structure;
                            ``(IV) is properly controlled for the 
                        safety of the dog; and
                            ``(V) allows the dog to extend to full 
                        stride, play, and engage in other types of 
                        mentally stimulating and social behaviors; or
                    ``(ii) if the dealer obtains a certification from 
                the attending veterinarian stating that a dog should 
                not have unrestricted access to an outdoor exercise 
                area for a specific medical reason, an alternative 
                exercise plan prescribed by the veterinarian for the 
                dog that meets the applicable requirements under 
                section 3.8 of title 9, Code of Federal Regulations (or 
                successor regulations);
            ``(E) that each dog has meaningful socialization with 
        humans and compatible dogs for at least 30 minutes each day 
        that--
                    ``(i) includes positive interaction with a human 
                such as petting, stroking, grooming, feeding, playing 
                with, exercising, or other touching of the dog that is 
                beneficial to the well-being of the dog; and
                    ``(ii) does not include time spent in veterinary 
                care;
            ``(F) that each dog receives adequate veterinary care, 
        including--
                    ``(i) prompt treatment of any disease, illness, or 
                injury by a licensed veterinarian;
                    ``(ii) a thorough, hands-on examination by a 
                licensed veterinarian at least once each year, which 
                shall include a dental exam;
                    ``(iii) core vaccinations recommended by the latest 
                version of the American Animal Hospital Association 
                Canine Vaccination Guidelines; and
                    ``(iv) medications to prevent intestinal parasites, 
                heartworm disease, fleas, and ticks that are approved 
                by a licensed veterinarian for canine use;
            ``(G) with respect to safe breeding practices for dogs, 
        including--
                    ``(i) a screening program for known prevalent 
                inheritable diseases that may be disabling or likely to 
                significantly affect the lifespan or quality of life of 
                the mother or the offspring;
                    ``(ii) prohibiting breeding, unless each dog bred--
                            ``(I) has been screened by a licensed 
                        veterinarian prior to each attempt to breed; 
                        and
                            ``(II) is found in the screening under 
                        subclause (I) to be free from health conditions 
                        that may be disabling to, or likely to 
                        significantly affect the lifespan or quality of 
                        life of, the mother or the offspring;
                    ``(iii) prohibiting the breeding of a female dog to 
                produce--
                            ``(I) more than 2 litters in any 18-month 
                        period; or
                            ``(II) more than 6 litters during the 
                        lifetime of the dog;
                    ``(iv) that a female dog of any small breed (having 
                a maximum weight range at maturity that is less than 40 
                pounds) not be bred--
                            ``(I) before reaching the age of 18 months; 
                        or
                            ``(II) after reaching the age of 9 years;
                    ``(v) that a female dog of any large breed (having 
                an expected weight range at maturity that includes 40 
                or more pounds) not be bred--
                            ``(I) before reaching the age of 2 years; 
                        or
                            ``(II) after reaching the age of 7 years; 
                        and
                    ``(vi) that any canine caesarian section be 
                performed by a licensed veterinarian;
            ``(H) that dogs be housed with other dogs, unless health or 
        behavioral issues make group housing unsafe; and
            ``(I) to make all reasonable efforts to find humane 
        placement for retired breeding dogs--
                    ``(i) such as with an adoptive family, rescue 
                organization, or other appropriate owner for that dog; 
                and
                    ``(ii) not including selling at auction or 
                otherwise placing a retired breeding dog with another 
                breeder for breeding purposes.''.
    (b) Conforming Amendment.--Section 13(a)(2)(B) of the Animal 
Welfare Act (7 U.S.C. 2143(a)(2)(B)) is amended by inserting ``subject 
to paragraph (9),'' before ``for exercise of dogs''.
    (c) Regulations.--Not later than 18 months after the date of 
enactment of this Act, the Secretary shall issue final regulations 
establishing the standards for the care of dogs by dealers, as required 
by this section and the amendments made by this section.
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