I 
112TH CONGRESS 
1ST SESSION 
H. R. 835 
To amend the Animal Welfare Act to provide further protection for puppies. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 28, 2011 
Mr. GERLACH (for himself, Mr. FARR, Mrs. CAPPS, and Mr. YOUNG of Flor-
ida) introduced the following bill; which was referred to the Committee 
on Agriculture 
A BILL 
To amend the Animal Welfare Act to provide further 
protection for puppies. 
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 ‘‘Puppy Uniform Pro-
tection and Safety Act’’. 
SEC. 2. PROTECTION OF PUPPIES UNDER THE ANIMAL 
WELFARE ACT. 
(a) HIGH VOLUME RETAIL BREEDER DEFINED.— 
Section 2 of the Animal Welfare Act (7 U.S.C. 2132) is 
amended— 
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(1) in subsection (l), by striking ‘‘research.’’ 
and inserting ‘‘research;’’; 
(2) in subsection (m), by striking ‘‘members.’’ 
and inserting ‘‘members;’’; 
(3) in subsection (n), by striking ‘‘section 
13(b); and’’ and inserting ‘‘section 13(b);’’; 
(4) in subsection (o), by striking ‘‘experimen-
tation.’’ and inserting ‘‘experimentation; and’’; and 
(5) by adding at the end the following: 
‘‘(p) HIGH VOLUME RETAIL BREEDER.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) BREEDING FEMALE DOG.—The term 
‘breeding female dog’ means an intact female 
dog aged 4 months or older. 
‘‘(B) HIGH VOLUME RETAIL BREEDER.— 
The term ‘high volume retail breeder’ means a 
person who, in commerce, for compensation or 
profit— 
‘‘(i) has an ownership interest in or 
custody of 1 or more breeding female dogs; 
and 
‘‘(ii) sells or offers for sale, via any 
means of conveyance (including the Inter-
net, telephone, or newspaper), more than 
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50 of the offspring of such breeding female 
dogs for use as pets in any 1-year period. 
‘‘(2) RELATIONSHIP TO DEALERS.— 
‘‘(A) IN GENERAL.—For purposes of this 
Act, a high volume retail breeder shall be con-
sidered to be a dealer and subject to all provi-
sions of this Act applicable to a dealer. 
‘‘(B) EXCEPTION.—The retail pet store ex-
emption in subsection (f)(i) shall not apply to 
a high volume retail breeder.’’. 
(b) LICENSES.—Section 3 of the Animal Welfare Act 
(7 U.S.C. 2133) is amended— 
(1) by striking ‘‘The Secretary’’ and inserting 
‘‘(a) IN GENERAL.—The Secretary’’; 
(2) in subsection (a) (as so designated), in the 
second proviso of the first sentence, by inserting 
‘‘(other than a high volume retail breeder)’’ after 
‘‘any retail pet store or other person’’; and 
(3) by adding at the end the following: 
‘‘(b) DEALERS.—A dealer (including a high volume 
retail breeder) applying for a license under subsection (a) 
(including annual renewals) shall include on the license 
application the total number of dogs exempted from exer-
cise on the premises of the dealer in the preceding year 
by a licensed veterinarian under section 13(j)(2).’’. 
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(c) EXERCISE REQUIREMENTS.—Section 13 of the 
Animal Welfare Act (7 U.S.C. 2143) is amended— 
(1) by redesignating subsections (g) and (h) as 
subsections (h) and (i), respectively; 
(2) by redesignating the second subsection (f) 
(as redesignated by section 1752(a)(1) of Public 
Law 99–198 (99 Stat. 1645)) as subsection (g); and 
(3) by adding at the end the following: 
‘‘(j) EXERCISE REQUIREMENTS.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this subsection, the Sec-
retary shall promulgate standards covering dealers 
that include requirements for the exercise of dogs at 
facilities owned or operated by a dealer, including 
exercise regulations that ensure that— 
‘‘(A) each dog that is at least 12 weeks old 
(other than a female dog with unweaned pup-
pies) has daily access to exercise that— 
‘‘(i) allows the dog— 
‘‘(I) to move sufficiently to de-
velop or maintain normal muscle tone 
and mass as appropriate for the age, 
breed, sex, and reproductive status of 
the dog; and 
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‘‘(II) the ability to achieve a run-
ning stride; and 
‘‘(ii) is not a forced activity (other 
than a forced activity used for veterinary 
treatment) or other physical activity that is 
repetitive, restrictive of other activities, sol-
itary, and goal-oriented; 
‘‘(B) the provided area for exercise— 
‘‘(i) is separate from the primary en-
closure if the primary enclosure does not 
provide sufficient space to achieve a run-
ning stride; 
‘‘(ii) has flooring that— 
‘‘(I) is sufficient to allow for the 
type of activity described in subpara-
graph (A); and 
‘‘(II)(aa) is solid flooring; or 
‘‘(bb) is nonsolid, nonwire 
flooring, if the nonsolid, nonwire 
flooring— 
‘‘(AA) is safe for the 
breed, size, and age of the 
dog; 
‘‘(BB) is free from pro-
truding sharp edges; and 
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‘‘(CC) is designed so 
that the paw of the dog is 
unable to extend through or 
become caught in the floor-
ing; 
‘‘(iii) is cleaned at least once each 
day; 
‘‘(iv) is free of infestation by pests or 
vermin; and 
‘‘(v) is designed in a manner to pre-
vent escape of the dogs. 
‘‘(2) EXEMPTION.— 
‘‘(A) IN GENERAL.—If a licensed veteri-
narian determines that a dog should not exer-
cise because of the health, condition, or well- 
being of the dog, this subsection shall not apply 
to that dog. 
‘‘(B) DOCUMENTATION.—A determination 
described in subparagraph (A) shall be— 
‘‘(i) documented by the veterinarian; 
‘‘(ii) subject to review and approval by 
the Secretary; and 
‘‘(iii) unless the basis for the deter-
mination is a permanent condition, re-
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viewed and updated at least once every 30 
days by the veterinarian. 
‘‘(C) 
REPORTS.—A 
determination 
de-
scribed in subparagraph (A) shall be main-
tained by the dealer.’’. 
SEC. 3. REGULATIONS. 
Not later than 1 year after the date of enactment 
of this Act, the Secretary of Agriculture shall promulgate 
any regulations that the Secretary determines to be nec-
essary to implement this Act and the amendments made 
by this Act. 
SEC. 4. EFFECT ON STATE LAW. 
Nothing in this Act or the amendments made by this 
Act preempt any law (including a regulation) of a State, 
or a political subdivision of a State, containing require-
ments that provide equivalent or greater protection for 
animals than the requirements of this Act or the amend-
ments made by this Act. 
Æ 
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