[Congressional Record Volume 154, Number 149 (Thursday, September 18, 2008)]
[Senate]
[Pages S9031-S9032]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself, Mrs. Feinstein, Mrs. McCaskill, and 
        Mr. Wyden):
  S. 3519. A bill to amend the Animal Welfare Act to provide further 
protection for puppies; to the Committee on Agriculture, Nutrition, and 
Forestry.
  Mr. DURBIN. Mr. President, today I am introducing the Puppy Uniform 
Protection and Safety Act, or PUPS Act.
  In recent years, media reports have highlighted the cruel treatment 
of dogs raised by irresponsible breeders in large-scale commercial 
operations. The facilities operated by the most negligent owners are 
often referred to as puppy mills, because they churn out dogs the way a 
factory would--with little or no respect for the animals' quality of 
life.
  Let me be clear, there are many responsible dog breeders across the 
country who care about and take great pains to properly look after the 
animals in their care. Those breeders are not the target of this 
legislation.
  Unfortunately, the less scrupulous ``puppy mills'' threaten the 
reputation of the entire industry. The dogs bred or raised in puppy 
mills are often housed in cramped, dirty, wire cages. To maximize 
profit, a breeder may stack cages on top of each other or keep the 
cages outdoors where dogs are exposed to the elements. The dogs may 
never be given a chance to exercise or even walk on solid ground. Some 
animals rescued from puppy mills show signs of malnutrition and 
dehydration, having been denied a sufficient supply of food and

[[Page S9032]]

water. Puppies raised in these settings don't always have regular 
veterinary, and the breeding females are made to have litter after 
litter of puppies.
  Not surprisingly, this treatment has an effect on the physical and 
mental health of the animals raised in these facilities.
  Veterinarians in Illinois have shared with me heartbreaking tales of 
families who unknowingly purchased dogs that had been raised in puppy 
mills. Those dogs turn out to have serious health and behavioral 
problems. By the time these conditions are diagnosed, the families have 
welcomed the new puppy into the family and developed a strong emotional 
attachment. In some cases, the puppies could be treated, but often at 
great expense to their new owners. These families face very difficult 
decisions.
  Today, people can go on-line and research puppies available for 
purchase with the simple click of a mouse. You can't blame people for 
using the convenience of shopping online, but some puppy mill operators 
advertise on the internet so that they can bypass the pet store. That 
way, the breeder can avoid the Federal licensing requirements of the 
Animal Welfare Act, which apply only to wholesale breeders. That means 
that finding your puppy on-line may well increase the chance that 
you'll be buying from a puppy mill.
  The PUPS Act I am introducing today, along with Senators Feinstein, 
McCaskill, and Wyden, would amend the Animal Welfare Act to require 
that breeders obtain a license from the USDA if they raise more than 50 
dogs in a 12-month period and sell directly to the public.
  These licenses are inexpensive and the application process is simple. 
But USDA licensing would allow the agency to ensure that large and mid-
level breeders comply with minimum Federal standards. The PUPS Act also 
requires all commercial breeders to give dogs in their care at least 
two daily exercise breaks, allowing the dogs to enjoy at least 60 
minutes outside of their crates or enclosures.
  The good news is that the public is growing more aware of the 
existence of puppy mills. Recent investigations of the deplorable 
conditions at several large puppy mills along with the interest shown 
by celebrities, including Chicago resident Oprah Winfrey, have brought 
new attention to the cause. As a result, many Americans seeking 
companion animals are doing their homework. They are choosing to adopt 
from local shelters or finding and visiting responsible breeders. It is 
my hope that extending and improving oversight of this industry through 
the PUPS Act will help Americans feel confident about the health and 
well-being of the dog that they welcome into their family.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3519

       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. REGULATION OF HIGH-VOLUME SELLERS OF PUPPIES.

       (a) Retail Pet Store Defined.--Section 2 of the Animal 
     Welfare Act (7 U.S.C. 2132) is amended by adding at the end 
     the following new subsection:
       ``(p) The term `retail pet store' means a person that--
       ``(1) sells an animal directly to the public for use as a 
     pet; and
       ``(2) does not breed or raise more than 50 dogs for use as 
     pets during any one-year period.''.
       (b) Licenses.--Section 3 of the Animal Welfare Act (7 
     U.S.C. 2133) is amended in the second proviso--
       (1) by striking ``retail pet store or other person who'' 
     and inserting ``retail pet store, or other person who (1) 
     does not breed or raise more than 50 dogs for use as pets 
     during any one-year period, and (2)''; and
       (2) by striking ``research facility'' and inserting 
     ``research facility,''.
       (c) Humane Standards.--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 
     subsection (g); and
       (3) by adding at the end the following new subsection:
       ``(j)(1) Subject to paragraph (2), a dealer shall provide 
     each dog held by such dealer that is of the age of 12 weeks 
     or older with a minimum of two exercise periods during each 
     day for a total of not less than one hour of exercise during 
     such day. Such exercise shall include removing the dog from 
     the dog's primary enclosure and allowing the dog to walk for 
     the entire exercise period, but shall not include use of a 
     treadmill, catmill, jenny mill, slat mill, or similar device, 
     unless prescribed by a doctor of veterinary medicine.
       ``(2) Paragraph (1) shall not apply to a dog certified by a 
     doctor of veterinary medicine, on a form designated by and 
     submitted to the Secretary, as being medically precluded from 
     exercise.''.

     SEC. 3. EFFECT ON STATE LAW.

       The amendments made by this Act shall not be construed to 
     preempt any law or regulation of a State or a political 
     subdivision of a State containing requirements that are 
     greater than the requirements of the amendments made by this 
     Act.
                                 ______