I 
109TH CONGRESS 
1ST SESSION H. R. 2669
To amend the Animal Welfare Act to strengthen the ability of the Secretary 
of Agriculture to regulate the pet industry. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 26, 2005
Mr. GERLACH (for himself and Mr. FARR) introduced the following bill; which 
was referred to the Committee on Agriculture 
A BILL 
To amend the Animal Welfare Act to strengthen the ability 
of the Secretary of Agriculture to regulate the pet industry.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Pet Animal Welfare 
Statute of 2005’’. 
SEC. 2. DEFINITIONS. 
Section 2 of the Animal Welfare Act (7 U.S.C. 2132) 
is amended—
(1) by redesignating subsections (a), (b), (c), 
(d), (e), (f), (g), (h), (i), (j), (k), (l), (m), (n), and
(o) as subsections (k), (o), (c), (p), (m), (e), (a), (f), 
(j), (b), (g), (h), (l), (d), and (i), respectively and 
moving the subsections so as to appear in alphabet-
ical order; 
(2) in subsection (e) (as redesignated by para-
graph (1))—
(A) by striking ‘‘or (2) any’’ and all that 
follows through ‘‘include—’’ and inserting ‘‘(2) 
any dog for hunting, security, or breeding pur-
poses, or (3) any dog imported from outside the 
United States, unless the dog is imported by 
the person for the use and enjoyment of the 
person, except that this term does not include—
’’; 
(B) in clause (i), by inserting ‘‘, or which 
sells any dogs imported from outside the United 
States’’ before the semicolon; and 
(C) by striking clause (ii) and inserting the 
following: 
‘‘(ii) any person who, during any cal-
endar year—
‘‘(I)(aa) sells not more than 25 
dogs or cats at wholesale or to the 
public; or
‘‘(bb) does not whelp more than 
6 litters of dogs or cats and sells only 
dogs or cats bred or raised on the 
premises of the person directly at re-
tail to persons who purchase such ani-
mals for their own use and enjoyment 
and not for resale; and 
‘‘(II) derives not more than $500 
gross income from the sale of other 
animals;’’; and 
(3) by inserting after subsection (m) (as redes-
ignated by subsection (a)) the following: 
‘‘(n) RETAIL PET STORE.—
‘‘(1) IN GENERAL.—The term ‘retail pet store’ 
means a public retail establishment that sells ani-
mals commonly kept as pets in households in the 
United States, including—
‘‘(A) dogs; 
‘‘(B) cats; 
‘‘(C) guinea pigs; 
‘‘(D) rabbits; and 
‘‘(E) hamsters. 
‘‘(2) EXCLUSION.—The term ‘retail pet store’ 
does not include—
‘‘(A) a person breeding animals to sell to 
the public as pets; 
‘‘(B) a person selling hunting, security, or 
breeding dogs; or 
‘‘(C) a person selling wild animals.’’. 
SEC. 3. ACCESS TO SOURCE RECORDS FOR DOGS AND 
CATS. 
Section 10 of the Animal Welfare Act (7 U.S.C. 
2140) is amended—
(1) in the first sentence, by inserting ‘‘(a) IN 
GENERAL.—’’ before ‘‘Dealers’’; and 
(2) by adding at the end the following: 
‘‘(b) ACCESS TO SOURCE RECORDS FOR DOGS AND 
CATS.—Notwithstanding any other provision of this Act, 
all dealers and retail pet stores shall prepare, retain, and 
make available at all reasonable times for inspection and 
copying by the Secretary, for such reasonable period of 
time as the Secretary may prescribe, a record of—
‘‘(1) the name and address of the person from 
whom each dog or cat was purchased or otherwise 
acquired; and 
‘‘(2) whether the person from whom each dog 
or cat was acquired is required to be licensed or reg-
istered under this Act.’’.
SEC. 4. EXTENSION OF TEMPORARY SUSPENSION PERIOD. 
Section 19(a) of the Animal Welfare Act (7 U.S.C. 
2149) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and 
(2) by adding at the end the following: 
‘‘(2) EXTENSION OF TEMPORARY SUSPENSION PE-
RIOD.—If the Secretary has reason to believe that a viola-
tion that results in a temporary suspension pursuant to 
paragraph (1) is continuing or will continue after the expi-
ration of the 21-day temporary suspension period de-
scribed in that paragraph, and the violation will place the 
health of any animal in serious danger in violation of this 
Act, the Secretary may extend the temporary suspension 
period for such additional period as is necessary to ensure 
that the health of an animal is not in serious danger, as 
determined by the Secretary, but not to exceed 60 days.’’. 
SEC. 5. AUTHORITY TO APPLY FOR INJUNCTIONS. 
Section 29 of the Animal Welfare Act (7 U.S.C. 
2159) is amended—
(1) in subsection (a), by inserting ‘‘or that any 
person is acting as a dealer or exhibitor without a 
valid license that has not been suspended or revoked, 
as required by this Act,’’ after ‘‘promulgated there-
under,’’; 
(2) in subsection (b), by striking the last sen-
tence; and