I 
116TH CONGRESS 
2D SESSION 
H. R. 5715 
To improve honesty in pet sales, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 30, 2020 
Mr. CRIST (for himself and Mr. RESCHENTHALER) introduced the following 
bill; which was referred to the Committee on Agriculture, and in addition 
to the Committee on Energy and Commerce, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To improve honesty in pet sales, and for other purposes. 
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 ‘‘Petfax Act of 2020’’. 
SEC. 2. PROVISION OF INFORMATION TO PURCHASERS OF 
DOGS AND CATS. 
(a) DEFINITIONS.—In this section: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
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(2) COVERED DOG OR CAT.—The term ‘‘covered 
dog or cat’’ means a dog or cat bred and raised by 
any dealer that is required to be licensed under sec-
tion 3 of the Animal Welfare Act (7 U.S.C. 2133). 
(3) COVERED SELLER.— 
(A) IN GENERAL.—The term ‘‘covered sell-
er’’ means— 
(i) a dealer; 
(ii) a retail pet store; and 
(iii) any other person that sells, or of-
fers for sale, dogs or cats, including 
through the internet, for compensation or 
profit other than on an intermittent basis. 
(B) EXCLUSION.—The term ‘‘covered sell-
er’’ does not include— 
(i) a public animal shelter; or 
(ii) an organization— 
(I) described in section 501(c)(3) 
of the Internal Revenue Code of 1986 
and exempt from taxation under 
501(a) of that Code; and 
(II) that is involved in bona fide 
animal adoption or rescue activities. 
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(4) DEALER.—The term ‘‘dealer’’ has the 
meaning given the term in section 2 of the Animal 
Welfare Act (7 U.S.C. 2132). 
(5) FINANCIAL CONSIDERATION.—The term ‘‘fi-
nancial consideration’’ means any payment, includ-
ing a donation, but does not include— 
(A) a payment made to a public animal 
shelter; or 
(B) a payment that is made solely to reim-
burse a person for the costs of caring for a dog 
or cat. 
(6) 
PURCHASER.—The 
term 
‘‘purchaser’’ 
means a person that— 
(A) is not a dealer; and 
(B) purchases a covered dog or cat. 
(b) REQUIREMENT.—A covered seller may not sell, 
or offer for sale, a covered dog or cat, including through 
the internet, unless, before the purchase of the covered 
dog or cat, the covered seller provides to the purchaser, 
in a form prescribed by the Commission— 
(1) information relating to the source of the 
covered dog or cat, including— 
(A) the name, address, telephone number, 
and Department of Agriculture license or reg-
istration number (if such a number exists) of— 
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(i) the dealer that bred and raised the 
covered dog or cat, and— 
(I) the number of dogs and cats 
bred by such dealer during the prior 
2 years; and 
(II) the number of dogs and cats 
sold by such dealer during the prior 2 
years; 
(ii) the covered seller that acquired 
the covered dog or cat from the dealer de-
scribed in clause (i), if any; and 
(iii) each covered seller that acquired 
the covered dog or cat thereafter, if any; 
and 
(B) a listing and description of each viola-
tion of the Animal Welfare Act (7 U.S.C. 2131 
et seq.), if any, during the prior 2 years by each 
dealer and covered seller described in clauses 
(i), (ii), and (iii) of subparagraph (A), as appli-
cable; and 
(2) information relating to the health history of 
the covered dog or cat, including— 
(A) the date of birth of covered dog or cat; 
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(B)(i) if the covered dog or cat has re-
ceived individual examinations by a licensed vet-
erinarian— 
(I) the most recent date on which the 
covered cat or dog received an individual 
examination by a licensed veterinarian; and 
(II) the name, address, telephone 
number, and State license number (if such 
a number exists) of the licensed veteri-
narian described in subclause (I); or 
(ii) if the covered dog or cat has not re-
ceived an individual examination by a licensed 
veterinarian, a statement that the covered dog 
or cat has not received an examination by a li-
censed veterinarian; and 
(C) a list of— 
(i) each vaccine administered to the 
covered dog or cat; 
(ii) each congenital deformity, disease, 
disorder, or condition that the covered sell-
er knows, or should reasonably know, af-
fects the covered dog or cat; and 
(iii) each infectious disease, disorder, 
or condition that the covered seller knows, 
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or should reasonably know, affects the cov-
ered dog or cat. 
(c) TRANSFERS.—A covered seller providing to an-
other covered seller a covered dog or cat that will ulti-
mately be sold to a purchaser shall provide to the other 
covered seller the information described in subsection (b). 
(d) APPLICATION TO NON-PROFIT SELLERS.—Any 
organization described in subsection (a)(3)(B)(ii) that ac-
quires a dog or cat in exchange for financial consideration 
shall disclose to any person seeking to acquire such dog 
or cat from such organization in exchange for financial 
consideration— 
(1) the fact that such organization acquired 
such dog or cat in exchange for financial consider-
ation and the amount of such consideration; and 
(2) the name of the person from which the or-
ganization acquired such dog or cat (if known to the 
organization). 
(e) REGULATIONS.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Commis-
sion shall promulgate regulations under section 553 
of title 5, United States Code, to carry out this sec-
tion. 
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(2) REQUIREMENTS.—The regulations under 
paragraph (1) shall— 
(A) include the manner and method by 
which the information described in subsection 
(b) may be provided to a potential purchaser 
under that subsection, or to another covered 
seller under subsection (c), as applicable, to 
comply with this section; and 
(B) provide that a covered seller that uses 
a different manner or method than the manner 
and method described in subparagraph (A) to 
provide the information described in subsection 
(b) to a potential purchaser under that sub-
section, or to another covered seller under sub-
section (c), as applicable, may not be deter-
mined to be in noncompliance with this section 
solely because of the manner and method used. 
(f) EFFECT.—Nothing in this section shall preempt 
any State or local law. 
SEC. 3. UNFAIR OR DECEPTIVE ACTS OR PRACTICES WITH 
RESPECT TO THE SALE OF ANIMALS FOR USE 
AS PETS. 
(a) DEFINITIONS.—In this section: 
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(1) 
COMMISSION; 
COVERED
SELLER.—The 
terms ‘‘Commission’’ and ‘‘covered seller’’ have the 
meanings given those terms in section 2. 
(2) HIGH-VOLUME BREEDER.—The term ‘‘high- 
volume breeder’’ means any person that— 
(A) is engaged in the breeding of dogs or 
cats; and 
(B)(i) is required to be licensed as a dealer 
under section 3 of the Animal Welfare Act (7 
U.S.C. 2133); 
(ii) keeps on the premises of the person 
not fewer than 4 breeding dogs or cats; or 
(iii) during a 1-year period, sells not fewer 
than 25 dogs or cats that were bred on the 
premises of the person. 
(b) UNLAWFUL ACTIVITY.— 
(1) IN GENERAL.—It is unlawful to engage in 
an unfair or deceptive act or practice with respect to 
any sale of an animal for use as a pet. 
(2) MISREPRESENTATIONS RELATING TO THE 
SOURCE OF DOGS AND CATS.—It is a violation of 
paragraph (1) for a covered seller, in selling, or ne-
gotiating the purchase or sale of, a dog or cat, to 
misrepresent where the dog or cat was bred or the 
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source from which the covered seller acquired the 
dog or cat, including by misrepresenting whether— 
(A) a high-volume breeder bred the dog or 
cat; or 
(B) the covered seller acquired the dog or 
cat from a high-volume breeder. 
(3) VIOLATION OF REQUIREMENT TO PROVIDE 
CERTAIN INFORMATION.—It is a violation of para-
graph (1) for a covered seller to sell a dog or cat 
in violation of section 2 on or after the date that is 
60 days after the date on which the Commission 
promulgates regulations under subsection (e)(1) of 
that section. 
(c) ENFORCEMENT BY THE COMMISSION.— 
(1) IN
GENERAL.—This section shall be en-
forced by the Commission under the Federal Trade 
Commission Act (15 U.S.C. 41 et seq.). 
(2) UNFAIR
OR
DECEPTIVE
ACTS
OR
PRAC-
TICES.—A violation of this section shall be treated 
as a violation of a rule defining an unfair or decep-
tive act or practice prescribed under section 
18(a)(1)(B) of the Federal Trade Commission Act 
(15 U.S.C. 57a(a)(1)(B)). 
(3) ACTIONS BY THE COMMISSION.— 
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(A) IN GENERAL.—The Commission shall 
prevent any person from violating this section 
in the same manner, by the same means, and 
with the same jurisdiction, powers, and duties 
as though all applicable terms and provisions of 
the Federal Trade Commission Act (15 U.S.C. 
41 et seq.) were incorporated into and made a 
part of this section. 
(B) PRIVILEGES
AND
IMMUNITIES.—Any 
person who violates this section shall be subject 
to the penalties and entitled to the privileges 
and immunities provided under the Federal 
Trade Commission Act (15 U.S.C. 41 et seq.). 
(d) EFFECT.— 
(1) AUTHORITY PRESERVED.—Nothing in this 
section shall be construed to limit the authority of 
the Commission, the Secretary of Commerce, or the 
Secretary of Agriculture under any other provision 
of law. 
(2) PREEMPTION.—Nothing in this section shall 
preempt any State or local law. 
SEC. 4. PUBLIC AVAILABILITY OF REGULATORY RECORDS. 
Notwithstanding any other provision of law, not later 
than 90 days after the date of enactment of this Act, the 
Secretary of Agriculture (referred to in this section as the 
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‘‘Secretary’’) shall maintain and promptly make available 
to the public in an online searchable database in a ma-
chine-readable format on the website of the Department 
of Agriculture information relating to the administration 
of the Animal Welfare Act (7 U.S.C. 2131 et seq.) and 
the Horse Protection Act (15 U.S.C. 1821 et seq.), includ-
ing— 
(1) the entirety of each report of any inspection 
conducted, and record of any enforcement action 
taken, at any time under— 
(A) either of those Acts; or 
(B) any regulation issued under those 
Acts; 
(2) with respect to the Animal Welfare Act— 
(A) the entirety of each annual report sub-
mitted by a research facility under section 13 of 
that Act (7 U.S.C. 2143); and 
(B) the name, address, and license or reg-
istration number of each research facility, ex-
hibitor, dealer, and other person or establish-
ment— 
(i) licensed by the Secretary under 
section 3 or 12 of that Act (7 U.S.C. 
2133, 2142); or 
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(ii) registered with the Secretary 
under section 6 of that Act (7 U.S.C. 
2136); and 
(3) with respect to the Horse Protection Act, 
the name and address of— 
(A) any person that is licensed to conduct 
any inspection under section 4(c) of that Act 
(15 U.S.C. 1823(c)); or 
(B) any organization or association that is 
licensed by the Department of Agriculture to 
promote horses through— 
(i) the showing, exhibiting, sale, auc-
tion, or registry of horses; or 
(ii) the conduct of any activity that 
contributes to the advancement of horses. 
SEC. 5. PROHIBITION ON ISSUING LICENSES TO CERTAIN 
PERSONS AS A RESULT OF LICENSE REVOCA-
TION. 
(a) DEFINITION OF IMMEDIATE FAMILY MEMBER.— 
Section 2 of the Animal Welfare Act (7 U.S.C. 2132) is 
amended by adding at the end the following: 
‘‘(p) The term ‘immediate family member’ means, 
with respect to a dealer— 
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‘‘(1) a spouse, domestic partner, child, parent, 
brother, sister, grandparent, or grandchild of the 
dealer; and 
‘‘(2) a spouse or domestic partner of a child, 
parent, brother, sister, grandparent, or grandchild of 
the dealer.’’. 
(b) PROHIBITION ON ISSUING LICENSES TO CERTAIN 
PERSONS AS A RESULT OF LICENSE REVOCATION.—Sec-
tion 3 of the Animal Welfare Act (7 U.S.C. 2133) is 
amended— 
(1) by striking the section designation and all 
that follows through ‘‘The Secretary shall’’ and in-
serting the following: 
‘‘SEC. 3. LICENSES. 
‘‘(a) IN GENERAL.—The Secretary shall’’; 
(2) in subsection (a) (as so designated), in the 
first sentence, in the first proviso— 
(A) by inserting ‘‘or renewed’’ after 
‘‘issued’’; and 
(B) by striking ‘‘demonstrated that his fa-
cilities’’ and inserting ‘‘demonstrated through 
facility inspection that the facilities’’; and 
(3) by adding at the end the following: 
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‘‘(b) PROHIBITION ON ISSUING LICENSES TO CER-
TAIN PERSONS AS A RESULT OF LICENSE SUSPENSION 
OR REVOCATION.— 
‘‘(1) IN
GENERAL.—The Secretary shall not 
issue or renew a license for the purpose of being a 
dealer of dogs or cats to a person who is an imme-
diate family member of, or who resides at the same 
address of, a dealer of dogs or cats if— 
‘‘(A) the license is for purposes of oper-
ating a facility for dogs or cats at a location 
that the dealer has used as a facility for dogs 
or cats; and 
‘‘(B) within the last 10 years, a license of 
that dealer has been suspended after notice and 
opportunity for hearing or revoked pursuant to 
section 19(a). 
‘‘(2) EXCEPTION.—Paragraph (1) shall not 
apply to a person described in that paragraph if that 
person shows by clear and convincing evidence that 
a dealer described in that paragraph— 
‘‘(A) will have no ownership interest in the 
facility for which that person seeks a license; 
‘‘(B) will play no role in the care of dogs 
or cats at the facility; and 
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‘‘(C) will play no role in the management 
of the facility. 
‘‘(c) PROHIBITION ON ISSUING LICENSES TO CER-
TAIN LEGAL ENTITIES AS A RESULT OF LICENSE SUS-
PENSION OR REVOCATION.— 
‘‘(1) IN
GENERAL.—The Secretary shall not 
issue or renew a license for the purpose of being a 
dealer of dogs or cats to any person that is a part-
nership, firm, joint stock company, corporation, as-
sociation, trust, estate, or other legal entity if any 
person who holds an ownership interest in the part-
nership, firm, joint stock company, corporation, as-
sociation, trust, estate, or other legal entity— 
‘‘(A) previously held a license for purposes 
of operating a facility for dogs or cats at the 
same address of the facility for which the li-
cense is being sought; and 
‘‘(B) within the last 10 years, that license 
has been suspended after notice and oppor-
tunity for hearing or revoked pursuant to sec-
tion 19(a). 
‘‘(2) EXCEPTION.—Paragraph (1) shall not 
apply to a person seeking the issuance or renewal of 
a license described in that paragraph if that person 
shows by clear and convincing evidence that a per-
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son who previously held a license for purposes of op-
erating a facility for dogs or cats described in sub-
paragraph (A) of that paragraph— 
‘‘(A) will play no role in the care of dogs 
or cats at the facility; and 
‘‘(B) will play no role in the management 
of the facility. 
‘‘(d) 10-YEAR BAR FOR SUSPENSION OR REVOCA-
TION OF A LICENSE OF A DEALER OF DOGS OR CATS.— 
The Secretary shall not issue or renew a license for the 
purpose of being a dealer of dogs or cats to a person if— 
‘‘(1) within the last 10 years, a license for the 
purpose of being a dealer of dogs or cats of that per-
son has been suspended after notice and opportunity 
for hearing or revoked pursuant to section 19(a); 
and 
‘‘(2) the license is for purposes of operating a 
facility for dogs or cats at a location that the person 
has used as a facility for dogs or cats.’’. 
(c) REVOCATION
OF IMPROPERLY GRANTED LI-
CENSES.—Section 19 of the Animal Welfare Act (7 U.S.C. 
2149) is amended by adding at the end the following: 
‘‘(e) REVOCATION
OF IMPROPERLY GRANTED LI-
CENSES.—The Secretary shall revoke a license issued after 
the date of enactment of this subsection if the Secretary 
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subsequently determines that, at the time of issuance, the 
issuance of the license violated section 3.’’. 
(d) REGULATIONS.— 
(1) IN GENERAL.—The Secretary of Agriculture 
may prescribe such regulations as the Secretary of 
Agriculture determines to be necessary to implement 
the amendments made by this section. 
(2) DEADLINE.—Any regulations under para-
graph (1) shall be prescribed not later than 1 year 
after the date of enactment of this Act. 
Æ 
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