II 

116TH CONGRESS 

2D SESSION S. 4757 

To amend the Animal Welfare Act to establish additional requirements for 

dealers, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 29, 2020 

Mr. DURBIN 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Puppy Protection Act 

5 of 2020’’. 

6 SEC. 2. ADDITIONAL REQUIREMENTS FOR DEALERS. 

7 (a) HUMANE TREATMENT OF DOGS BY DEALERS.— 

8 Section 13(a) of the Animal Welfare Act (7 U.S.C. 

9 2143(a)) is amended by adding at the end the following: 


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1 ‘‘(9) In addition to the requirements under paragraph 

2 (2), the standards described in paragraph (1) shall, with 

3 respect to dealers, include requirements— 

4 ‘‘(A) that the dealer provide adequate housing 

5 for dogs that includes— 

6 ‘‘(i) completely solid flooring; 

7 ‘‘(ii) indoor space sufficient to allow the 

8 tallest dog in an enclosure to stand on his or 

9 her hind legs without touching the roof of the 

10 enclosure; 

11 ‘‘(iii) with respect to dogs over 8 weeks in 

12 age, primary enclosures that, with the length of 

13 the dog measured from the tip of the nose to 

14 the base of the tail, provide at least— 

15 ‘‘(I) 12 square feet of indoor floor 

16 space per each dog measuring not more 

17 than 25 inches long; 

18 ‘‘(II) 20 square feet of indoor floor 

19 space per each dog measuring more than 

20 25 but less than 35 inches long; and 

21 ‘‘(III) 30 square feet of indoor floor 

22 space per each dog measuring not less 

23 than 35 inches long; 


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1 ‘‘(iv) enclosures that are not stacked or 

2 otherwise placed on top of or below another en3 closure; and 

4 ‘‘(v) temperature control that— 

5 ‘‘(I) is appropriate for the age, breed, 

6 and condition of each dog in the enclosure; 

7 and 

8 ‘‘(II) is between 45 and 85 degrees 

9 Fahrenheit, when dogs are present in the 

10 enclosure; 

11 ‘‘(B) that appropriate and nutritious food be 

12 provided to each dog at least twice per day, in an 

13 amount sufficient to maintain the good health and 

14 physical condition of each dog; 

15 ‘‘(C) that each dog has continuous access to po16 table water that is not frozen and is free of feces, 

17 algae, and other contaminants; 

18 ‘‘(D) that each dog has adequate exercise, in19 cluding, for each dog over the age of 12 weeks— 

20 ‘‘(i) except as provided in clause (ii), unre21 stricted access from the primary enclosure of 

22 the dog during daylight hours to an outdoor ex23 ercise area that— 

24 ‘‘(I) is at ground-level; 

25 ‘‘(II) is a solid surface; 


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1 ‘‘(III) is enclosed by a fence or other 

2 structure; 

3 ‘‘(IV) is properly controlled for the 

4 safety of the dog; and 

5 ‘‘(V) allows the dog to extend to full 

6 stride, play, and engage in other types of 

7 mentally stimulating and social behaviors; 

8 or 

9 ‘‘(ii) if the dealer obtains a certification 

10 from the attending veterinarian stating that a 

11 dog should not have unrestricted access to an 

12 outdoor exercise area for a specific medical rea13 son, an alternative exercise plan prescribed by 

14 the veterinarian for the dog that meets the ap15 plicable requirements under section 3.8 of title 

16 9, Code of Federal Regulations (or successor 

17 regulations); 

18 ‘‘(E) that each dog has meaningful socialization 

19 with humans and compatible dogs for at least 30 

20 minutes each day that— 

21 ‘‘(i) includes positive interaction with a 

22 human such as petting, stroking, grooming, 

23 feeding, playing with, exercising, or other 

24 touching of the dog that is beneficial to the 

25 well-being of the dog; and 


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1 ‘‘(ii) does not include time spent in veteri2 nary care; 

3 ‘‘(F) that each dog receives adequate veterinary 

4 care, including— 

5 ‘‘(i) prompt treatment of any disease, ill6 ness, or injury by a licensed veterinarian; 

7 ‘‘(ii) a thorough, hands-on examination by 

8 a licensed veterinarian at least once each year, 

9 which shall include a dental exam; 

10 ‘‘(iii) core vaccinations recommended by 

11 the latest version of the American Animal Hos12 pital Association Canine Vaccination Guidelines; 

13 and 

14 ‘‘(iv) medications to prevent intestinal 

15 parasites, heartworm disease, fleas, and ticks 

16 that are approved by a licensed veterinarian for 

17 canine use; 

18 ‘‘(G) with respect to safe breeding practices for 

19 dogs, including— 

20 ‘‘(i) a screening program for known preva21 lent inheritable diseases that may be disabling 

22 or likely to significantly affect the lifespan or 

23 quality of life of the mother or the offspring; 

24 ‘‘(ii) prohibiting breeding, unless each dog 

25 bred— 


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1 ‘‘(I) has been screened by a licensed 

2 veterinarian prior to each attempt to 

3 breed; and 

4 ‘‘(II) is found in the screening under 

5 subclause (I) to be free from health condi6 tions that may be disabling to, or likely to 

7 significantly affect the lifespan or quality 

8 of life of, the mother or the offspring; 

9 ‘‘(iii) prohibiting the breeding of a female 

10 dog to produce— 

11 ‘‘(I) more than 2 litters in any 18- 

12 month period; or 

13 ‘‘(II) more than 6 litters during the 

14 lifetime of the dog; 

15 ‘‘(iv) that a female dog of any small breed 

16 (having a maximum weight range at maturity 

17 that is less than 40 pounds) not be bred— 

18 ‘‘(I) before reaching the age of 18 

19 months; or 

20 ‘‘(II) after reaching the age of 9 

21 years; 

22 ‘‘(v) that a female dog of any large breed 

23 (having an expected weight range at maturity 

24 that includes 40 or more pounds) not be bred— 


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1 ‘‘(I) before reaching the age of 2 

2 years; or 

3 ‘‘(II) after reaching the age of 7 

4 years; and 

5 ‘‘(vi) that any canine caesarian section be 

6 performed by a licensed veterinarian; 

7 ‘‘(H) that dogs be housed with other dogs, un8 less health or behavioral issues make group housing 

9 unsafe; and 

10 ‘‘(I) to make all reasonable efforts to find hu11 mane placement for retired breeding dogs— 

12 ‘‘(i) such as with an adoptive family, res13 cue organization, or other appropriate owner for 

14 that dog; and 

15 ‘‘(ii) not including selling at auction or 

16 otherwise placing a retired breeding dog with 

17 another breeder for breeding purposes.’’. 

18 (b) CONFORMING AMENDMENT.—Section 

19 13(a)(2)(B) of the Animal Welfare Act (7 U.S.C. 

20 2143(a)(2)(B)) is amended by inserting ‘‘subject to para21 graph (9),’’ before ‘‘for exercise of dogs’’. 

22 (c) REGULATIONS.—Not later than 18 months after 

23 the date of enactment of this Act, the Secretary shall issue 

24 final regulations establishing the standards for the care 


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1 of dogs by dealers, as required by this section and the 

2 amendments made by this section. 

Æ 


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