Title: Petfax Act of 2020
Policy area: Animals

Summary:
Petfax Act of 2020
This bill generally addresses the sale of animals as pets, including by requiring certain disclosures by a seller to a purchaser, prohibiting unfair or deceptive acts with respect to the sale of an animal as a pet, and restricting the licensing of certain pet dealers.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5715 Introduced in House (IH)]

<DOC>






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 
subsequently 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 Representatives 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.
            (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 section 3 of the Animal Welfare 
        Act (7 U.S.C. 2133).
            (3) Covered seller.--
                    (A) In general.--The term ``covered seller'' 
                means--
                            (i) a dealer;
                            (ii) a retail pet store; and
                            (iii) any other person that sells, or 
                        offers for sale, dogs or cats, including 
                        through the internet, for compensation or 
                        profit other than on an intermittent basis.
                    (B) Exclusion.--The term ``covered seller'' 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.
            (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 ``financial 
        consideration'' means any payment, including a donation, but 
        does not include--
                    (A) a payment made to a public animal shelter; or
                    (B) a payment that is made solely to reimburse 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 registration 
                number (if such a number exists) of--
                            (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 described 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 violation 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 applicable; 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;
                    (B)(i) if the covered dog or cat has received 
                individual examinations by a licensed veterinarian--
                            (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 veterinarian described 
                        in subclause (I); or
                    (ii) if the covered dog or cat has not received an 
                individual examination by a licensed veterinarian, a 
                statement that the covered dog or cat has not received 
                an examination by a licensed 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 seller 
                        knows, or should reasonably know, affects the 
                        covered dog or cat; and
                            (iii) each infectious disease, disorder, or 
                        condition that the covered seller knows, or 
                        should reasonably know, affects the covered dog 
                        or cat.
    (c) Transfers.--A covered seller providing to another covered 
seller a covered dog or cat that will ultimately 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 acquires 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 consideration and the amount of 
        such consideration; and
            (2) the name of the person from which the organization 
        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 Commission shall promulgate 
        regulations under section 553 of title 5, United States Code, 
        to carry out this section.
            (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 subsection, or to another covered 
                seller under subsection (c), as applicable, may not be 
                determined 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:
            (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 negotiating the purchase or sale of, a dog or 
        cat, to misrepresent where the dog or cat was bred or the 
        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 paragraph (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 enforced by the 
        Commission under the Federal Trade Commission Act (15 U.S.C. 41 
        et seq.).
            (2) Unfair or deceptive acts or practices.--A violation of 
        this section shall be treated as a violation of a rule defining 
        an unfair or deceptive 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.--
                    (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 ``Secretary'') shall maintain and 
promptly make available to the public in an online searchable database 
in a machine-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.), including--
            (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 submitted by 
                a research facility under section 13 of that Act (7 
                U.S.C. 2143); and
                    (B) the name, address, and license or registration 
                number of each research facility, exhibitor, dealer, 
                and other person or establishment--
                            (i) licensed by the Secretary under section 
                        3 or 12 of that Act (7 U.S.C. 2133, 2142); or
                            (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, auction, 
                        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 REVOCATION.

    (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--
            ``(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.--Section 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 inserting 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 
                facilities'' and inserting ``demonstrated through 
                facility inspection that the facilities''; and
            (3) by adding at the end the following:
    ``(b) Prohibition on Issuing Licenses to Certain 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 immediate 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 operating 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
                    ``(C) will play no role in the management of the 
                facility.
    ``(c) Prohibition on Issuing Licenses to Certain Legal Entities 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 
        any person that is a partnership, firm, joint stock company, 
        corporation, association, trust, estate, or other legal entity 
        if any person who holds an ownership interest in the 
        partnership, firm, joint stock company, corporation, 
        association, 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 license is being 
                sought; and
                    ``(B) within the last 10 years, that license 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 
        seeking the issuance or renewal of a license described in that 
        paragraph if that person shows by clear and convincing evidence 
        that a person who previously held a license for purposes of 
        operating a facility for dogs or cats described in subparagraph 
        (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 Revocation 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 person 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 Licenses.--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 Licenses.--The Secretary 
shall revoke a license issued after the date of enactment of this 
subsection if the Secretary 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 paragraph (1) shall be 
        prescribed not later than 1 year after the date of enactment of 
        this Act.
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