II 

110TH CONGRESS 

1ST SESSION S. 540 

To require the Food and Drug Administration to permit the sale of baby 

turtles as pets so long as the seller uses proven methods to effectively 

treat salmonella. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 8, 2007 

Mr. VITTER (for himself and Ms. LANDRIEU) introduced the following bill; 

which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To require the Food and Drug Administration to permit 

the sale of baby turtles as pets so long as the seller 

uses proven methods to effectively treat salmonella. 

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 ‘‘Domestic Pet Turtle 

5 Market Access Act of 2007’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) Pet turtles less than 10.2 centimeters in di9 ameter have been banned for sale in the United 


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1 States by the Food and Drug Administration since 

2 1975 due to health concerns. 

3 (2) The Food and Drug Administration does 

4 not ban the sale of iguanas or other lizards, snakes, 

5 frogs, or other amphibians or reptiles that are sold 

6 as pets in the United States that also carry sal7 monella bacteria. The Food and Drug Administra8 tion also does not require that these animals be 

9 treated for salmonella bacteria before being sold as 

10 pets. 

11 (3) The technology to treat turtles for sal12 monella, and make them safe for sale, has greatly 

13 advanced since 1975. Treatments exist that can 

14 nearly eradicate salmonella from turtles, and individ15 uals are more aware of the causes of salmonella, how 

16 to treat salmonella poisoning, and the seriousness 

17 associated with salmonella poisoning. 

18 (4) University research has shown that these 

19 turtles can be treated in such a way that they can 

20 be raised, shipped, and distributed without having a 

21 recolonization of salmonella. 

22 (5) University research has also shown that pet 

23 owners can be equipped with a treatment regiment 

24 that allows the turtle to be maintained safe from sal25 monella. 


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1 (6) The Food and Drug Administration should 

2 allow the sale of turtles less than 10.2 centimeters 

3 in diameter as pets as long as the sellers are re4 quired to use proven methods to treat the turtles for 

5 salmonella and maintain a safe pet. 

6 SEC. 3. SALE OF BABY TURTLES. 

7 (a) IN GENERAL.—Notwithstanding any other provi8 sion of law, the Food and Drug Administration shall not 

9 restrict the sale by a turtle farmer or other commercial 

10 retail seller of a turtle that is less than 10.2 centimeters 

11 in diameter as a pet if— 

12 (1) the turtle is raised, shipped, and sold using 

13 methods that are proven to keep the turtle free of 

14 salmonella, using salmonella safety standards that 

15 are comparable to such standards relating to other 

16 animals, including reptiles and amphibians, that are 

17 allowed for sale as pets, or animal products that are 

18 allowed for sale as food products; 

19 (2) the Administration has approved a plan 

20 submitted by the turtle farmer or commercial retail 

21 seller involved relating to compliance with paragraph 

22 (1); and 

23 (3) the farmer or other commercial retail seller 

24 includes, with the sale of such a turtle, a disclosure 

25 to the buyer that includes— 


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1 (A) information regarding— 

2 (i) the dangers, including possible se3 vere illness or death, especially for at-risk 

4 people who may be susceptible to sal5 monella poisoning, such as children, preg6 nant women, and others who may have 

7 weak immune systems, that could result if 

8 the turtle is not properly handled and safe9 ly maintained; 

10 (ii) the proper handling of the turtle, 

11 including an explanation of proper hygiene 

12 such as handwashing after handling a tur13 tle; and 

14 (iii) the proven methods of treatment 

15 that, if properly applied, keep the turtle 

16 safe from salmonella; 

17 (B) a detailed explanation of how to prop18 erly treat the turtle to keep it safe from sal19 monella, using the proven methods of treatment 

20 referred to under subparagraph (A), and how 

21 the buyer can continue to purchase the tools, 

22 treatments, or any other required item to con23 tinually treat the turtle; and 

24 (C) a statement that buyers of pet turtles 

25 should not abandon the turtle or abandon it 


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1 outside, as the turtle may become an invasive 

2 species to the local community, but should in3 stead return them to a commercial retail pet 

4 seller or other organization that would accept 

5 turtles no longer wanted as pets. 

6 (b) PLAN.— 

7 (1) IN GENERAL.—A turtle farmer or other 

8 commercial seller that desires to sell a turtle as pro9 vided for under subsection (a) shall submit a plan to 

10 the Food and Drug Administration that details the 

11 manner in which the farmer or seller will ensure 

12 compliance with the requirements of subsection 

13 (a)(1) with respect to the turtles involved. The plan 

14 shall include use of non-antibiotic compounds that 

15 suppress or eliminate the presence of salmonella in 

16 turtle hatchlings. 

17 (2) ACTION BY FDA.—Not later 30 days after 

18 the date on which the Food and Drug Administra19 tion receives a plan under paragraph (1), the Ad20 ministration shall accept or reject such plan. If such 

21 plan is rejected, the Administration shall provide 

22 clear, specific guidance on the reasons for such re23 jection. The Administration may only reject such a 

24 plan if it is determined that the plan fails to achieve 

25 the same salmonella safety standards as such standVerDate Aug 31 2005 01:55 Feb 10, 2007 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S540.IS S540

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1 ards relating to other animals, including reptiles and 

2 amphibians, that are allowed for sale as pets, or ani3 mal products that are allowed for sale as food prod4 ucts. 

5 (c) RULE OF CONSTRUCTION.—Nothing in this sec6 tion shall be construed to permit the Food and Drug Ad7 ministration to hold the sale of turtles less than 10.2 cen8 timeters in diameter as a pet to any greater salmonella 

9 safety standard applicable to other reptiles or amphibians 

10 sold as pets, animals sold as pets, or food products regu11 lated by such Administration. 

Æ 


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