II 

111TH CONGRESS 

2D SESSION S. 3424 

To amend the Animal Welfare Act to provide further protection for puppies. 

IN THE SENATE OF THE UNITED STATES 

MAY 25, 2010 

Mr. DURBIN (for himself and Mr. VITTER) 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 provide further 

protection for puppies. 

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 Uniform Pro5 tection and Safety Act’’. 

6 SEC. 2. PROTECTION OF PUPPIES UNDER THE ANIMAL 

7 WELFARE ACT. 

8 (a) HIGH VOLUME RETAIL BREEDER DEFINED.— 

9 Section 2 of the Animal Welfare Act (7 U.S.C. 2132) is 

10 amended— 


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1 (1) in subsection (l), by striking ‘‘research.’’ 

2 and inserting ‘‘research;’’; 

3 (2) in subsection (m), by striking ‘‘members.’’ 

4 and inserting ‘‘members;’’; 

5 (3) in subsection (n), by striking ‘‘section 

6 13(b); and’’ and inserting ‘‘section 13(b);’’; 

7 (4) in subsection (o), by striking ‘‘experimen8 tation.’’ and inserting ‘‘experimentation; and’’; and 

9 (5) by adding at the end the following: 

10 ‘‘(p) HIGH VOLUME RETAIL BREEDER.— 

11 ‘‘(1) DEFINITIONS.—In this subsection: 

12 ‘‘(A) BREEDING FEMALE DOG.—The term 

13 ‘breeding female dog’ means an intact female 

14 dog aged 4 months or older. 

15 ‘‘(B) HIGH VOLUME RETAIL BREEDER.— 

16 The term ‘high volume retail breeder’ means a 

17 person who, in commerce, for compensation or 

18 profit— 

19 ‘‘(i) has an ownership interest in or 

20 custody of 1 or more breeding female dogs; 

21 and 

22 ‘‘(ii) sells or offers for sale, via any 

23 means of conveyance (including the Inter24 net, telephone, or newspaper), more than 


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1 50 of the offspring of such breeding female 

2 dogs for use as pets in any 1-year period. 

3 ‘‘(2) RELATIONSHIP TO DEALERS.— 

4 ‘‘(A) IN GENERAL.—For purposes of this 

5 Act, a high volume retail breeder shall be con6 sidered to be a dealer and subject to all provi7 sions of this Act applicable to a dealer. 

8 ‘‘(B) EXCEPTION.—The retail pet store ex9 emption in subsection (f)(i) shall not apply to 

10 a high volume retail breeder.’’. 

11 (b) LICENSES.—Section 3 of the Animal Welfare Act 

12 (7 U.S.C. 2133) is amended— 

13 (1) by striking ‘‘The Secretary’’ and inserting 

14 ‘‘(a) IN GENERAL.—The Secretary’’; 

15 (2) in subsection (a) (as so designated), in the 

16 second proviso of the first sentence, by inserting 

17 ‘‘(other than a high volume retail breeder)’’ after 

18 ‘‘any retail pet store or other person’’; and 

19 (3) by adding at the end the following: 

20 ‘‘(b) DEALERS.—A dealer (including a high volume 

21 retail breeder) applying for a license under subsection (a) 

22 (including annual renewals) shall include on the license 

23 application the total number of dogs exempted from exer24 cise on the premises of the dealer in the preceding year 

25 by a licensed veterinarian under section 13(j)(2).’’. 


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1 (c) EXERCISE REQUIREMENTS.—Section 13 of the 

2 Animal Welfare Act (7 U.S.C. 2143) is amended— 

3 (1) by redesignating subsections (g) and (h) as 

4 subsections (h) and (i), respectively; 

5 (2) by redesignating the second subsection (f) 

6 (as redesignated by section 1752(a)(1) of Public 

7 Law 99–198 (99 Stat. 1645)) as subsection (g); and 

8 (3) by adding at the end the following: 

9 ‘‘(j) EXERCISE REQUIREMENTS.— 

10 ‘‘(1) IN GENERAL.—Not later than 1 year after 

11 the date of enactment of this subsection, the Sec12 retary shall promulgate standards covering dealers 

13 that include requirements for the exercise of dogs at 

14 facilities owned or operated by a dealer, including 

15 exercise regulations that ensure that— 

16 ‘‘(A) each dog that is at least 12 weeks old 

17 (other than a female dog with unweaned pup18 pies) has daily access to exercise that— 

19 ‘‘(i) allows the dog— 

20 ‘‘(I) to move sufficiently to de21 velop or maintain normal muscle tone 

22 and mass as appropriate for the age, 

23 breed, sex, and reproductive status of 

24 the dog; and 


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1 ‘‘(II) the ability to achieve a run2 ning stride; and 

3 ‘‘(ii) is not a forced activity (other 

4 than a forced activity used for veterinary 

5 treatment) or other physical activity that is 

6 repetitive, restrictive of other activities, sol7 itary, and goal-oriented; 

8 ‘‘(B) the provided area for exercise— 

9 ‘‘(i) is separate from the primary en10 closure if the primary enclosure does not 

11 provide sufficient space to achieve a run12 ning stride; 

13 ‘‘(ii) has flooring that— 

14 ‘‘(I) is sufficient to allow for the 

15 type of activity described in subpara16 graph (A); and 

17 ‘‘(II)(aa) is solid flooring; or 

18 ‘‘(bb) is nonsolid, nonwire floor19 ing, if the nonsolid, nonwire floor20 ing— 

21 ‘‘(AA) is safe for the breed, 

22 size, and age of the dog; 

23 ‘‘(BB) is free from pro24 truding sharp edges; and 


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1 ‘‘(CC) is designed so that 

2 the paw of the dog is unable to 

3 extend through or become caught 

4 in the flooring; 

5 ‘‘(iii) is cleaned at least once each 

6 day; 

7 ‘‘(iv) is free of infestation by pests or 

8 vermin; and 

9 ‘‘(v) is designed in a manner to pre10 vent escape of the dogs. 

11 ‘‘(2) EXEMPTION.— 

12 ‘‘(A) IN GENERAL.—If a licensed veteri13 narian determines that a dog should not exer14 cise because of the health, condition, or well15 being of the dog, this subsection shall not apply 

16 to that dog. 

17 ‘‘(B) DOCUMENTATION.—A determination 

18 described in subparagraph (A) shall be— 

19 ‘‘(i) documented by the veterinarian; 

20 ‘‘(ii) subject to review and approval by 

21 the Secretary; and 

22 ‘‘(iii) unless the basis for the deter23 mination is a permanent condition, re24 viewed and updated at least once every 30 

25 days by the veterinarian. 


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1 ‘‘(C) REPORTS.—A determination de2 scribed in subparagraph (A) shall be main3 tained by the dealer.’’. 

4 SEC. 3. REGULATIONS. 

5 Not later than 1 year after the date of enactment 

6 of this Act, the Secretary of Agriculture shall promulgate 

7 any regulations that the Secretary determines to be nec8 essary to implement this Act and the amendments made 

9 by this Act. 

10 SEC. 4. EFFECT ON STATE LAW. 

11 Nothing in this Act or the amendments made by this 

12 Act preempt any law (including a regulation) of a State, 

13 or a political subdivision of a State, containing require14 ments that provide equivalent or greater protection for 

15 animals than the requirements of this Act or the amend16 ments made by this Act. 

Æ 


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