[Congressional Record Volume 156, Number 80 (Tuesday, May 25, 2010)]
[Senate]
[Pages S4223-S4224]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself and Mr. Vitter):
  S. 3424. 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, 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. 3424

       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.

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