Healthy Dog Importation Act

Bill: 118-s-502
Sponsor: full_name: Sen. Grassley, Chuck [R-IA]
Introduced: 2023-02-16
Policy area: Animals
Latest action: action_date: 2023-02-16
text: Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.

Summaries:
action_date: 2023-02-16
action_desc: Introduced in Senate
text: <p><b>Healthy Dog Importation Act </b></p> <p>This bill imposes requirements on the importation of live dogs.</p> <p>Specifically, the bill prohibits the importation of a live dog into the United States unless the Department of Agriculture (USDA) determines the dog (1) is in good health; (2) has received all necessary vaccinations, internal and external parasite treatment, and demonstrated negative test results as evidenced by a certificate from a licensed veterinarian; and (3) is officially identified by a permanent method approved by USDA. Additionally, dogs entering the United States for transfer must be at least six months of age and accompanied by a USDA permit. <em>Transfer</em> is defined as a change of ownership or control of an imported dog to another person, including by sale, adoption, exchange, or donation.</p> <p>USDA must provide an exception to any requirements under the bill for dogs that are transferred for (1) research purposes; (2) veterinary treatment under certain conditions, including appropriate quarantining; or (3) lawful importation into the state of Hawaii if the dog is not transported out of Hawaii for transfer at less than six months of age. </p> <p>USDA also has enforcement authority under the bill.</p>

tv_txt: II 118th CONGRESS 1st Session S. 502 IN THE SENATE OF THE UNITED STATES February 16, 2023 Mr. Grassley (for himself, Ms. Smith , Mr. Risch , Mr. Warnock , Mr. Marshall , and Mrs. Gillibrand ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Animal Health Protection Act with respect to the importation of live dogs, and for other purposes.

1. Short title This Act may be cited as the Healthy Dog Importation Act . 2. Importation of live dogs (a) In general The Animal Health Protection Act is amended by inserting after section 10404 ( 7 U.S.C. 8303 ) the following: 10404A. Importation of live dogs (a) Definitions In this section: (1) Importer The term importer means any person who transports or causes the transportation of a dog into the United States from a foreign country. (2) Transfer The term transfer means a change of ownership or control of an imported dog to another person, including by sale, adoption, exchange, or donation. (b) Requirements (1) In general Except as provided in paragraph (3), no person shall import a dog into the United States unless, as determined by the Secretary, the dog— (A) is in good health; (B) has received all necessary vaccinations and internal and external parasite treatment and demonstrated negative test results, as required by the Secretary and evidenced by a certificate that— (i) is issued by a licensed veterinarian accredited by a competent veterinary authority recognized by the Secretary; and (ii) is endorsed by that authority in a manner representing that the veterinarian issuing the certificate was authorized to do so; and (C) is officially identified by a permanent method approved by the Secretary. (2) Transfer Except as provided in paragraph (3), no person shall import or cause the transportation of a dog into the United States from a foreign country for the purpose of transfer unless, as determined by the Secretary, the dog— (A) meets the criteria described in paragraph (1); (B) is at least 6 months old; and (C) is accompanied by an import permit issued by the Secretary under this Act. (3) Exceptions The Secretary, by regulation, shall provide an exception to any requirement under this Act in any case in which a dog is imported for purposes of transfer for— (A) research purposes; (B) veterinary treatment, paid for by the importer, subject to the condition that the dog— (i) is taken directly to a veterinary facility for treatment with appropriate quarantine until the dog meets the criteria described in paragraph (1); and (ii) is then exported to its country of origin; or (C) in the case of a dog that is less than 6 months old, lawful importation into the State of Hawaii in compliance with the regulations of the State of Hawaii and the other requirements of this section, if the dog is not transported out of the State of Hawaii for transfer at less than 6 months of age. (c) Implementation and Regulations The Secretary, the Secretary of Health and Human Services, the Secretary of Commerce, and the Secretary of Homeland Security shall— (1) promulgate such regulations as the Secretaries determine to be necessary to implement and enforce this section; (2) (A) facilitate electronic submission of all required documentation prior to the arrival of a dog into the United States; and (B) make the information in the documentation submitted under subparagraph (A) available to the Secretary, the Secretary of Health and Human Services, the Secretary of Commerce, and the Secretary of Homeland Security, as applicable, for verification that all applicable importation requirements are met; and (3) determine and establish such fees for the issuance of permits with respect to dog importation as are necessary to fund the implementation and enforcement of this section. (d) Rule of construction Nothing in subsection (c)(3) limits the availability of funding made available under section 10417 to carry out this section. (e) Enforcement (1) Authority The Secretary shall have the authority granted under section 10414 to enforce this section. (2) Penalties An importer that fails to comply with this section shall— (A) be subject to penalties under section 10414; and (B) if the importer is a dealer, provide, as the Secretary may determine, at the expense of the importer, for— (i) the care (including appropriate veterinary care), forfeiture, quarantine, and removal from the United States of each applicable dog; and (ii) the return of each applicable dog to its place of export, with due care for the welfare of each applicable dog. . (b) Conforming amendment Section 18 of the Animal Welfare Act ( 7 U.S.C. 2148 ) is repealed. 3. Transportation (a) Definition of transporter Section 2 of the Animal Welfare Act ( 7 U.S.C. 2132 ) is amended— (1) in subsection (c)— (A) in paragraph (2), by striking paragraph (1) and inserting subparagraph (A) ; and (B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; (2) in each of subsections (a) through (o), by inserting a subsection heading, the text of which is comprised of the term defined in the subsection; (3) by redesignating subsections (a) through (o) as paragraphs (12), (15), (3), (17), (14), (6), (1), (7), (11), (2), (8), (9), (13), (4), (10), respectively, and indenting appropriately; (4) by inserting after paragraph (4) (as so designated) the following: (5) Compensation The term compensation means any act, consideration, or thing of value received by a person directly, including cash or noncash benefits, cost-avoidance, obtaining positive or avoiding negative publicity, an exchange of services, or maintaining a license issued under any local, State, or Federal government authority. ; (5) by inserting after paragraph (15) (as so designated) the following: (16) Sell; resell The term sell or resell means to transfer ownership or control of an animal, including by sale, adoption, exchange, or donation. ; and (6) by adding at the end the following: (18) Transporter The term transporter means any person, department, agency, or instrumentality of the United States or of any State or local government, other than a carrier or intermediate handler, who— (A) receives an animal from any importer, dealer, research facility, exhibitor, operator of an auction sale, or department, agency, or instrumentality of the United States or of any State or local government; and (B) receives compensation for moving that animal in commerce. . (b) Humane standards Section 13 of the Animal Welfare Act ( 7 U.S.C. 2143 ) is amended— (1) in subsection (a)(4)— (A) in the first sentence, by striking air carriers, and inserting transporters, air carriers, ; and (B) by adding at the end the following: The Secretary shall provide, by regulation, that each transporter, intermediate handler, or carrier receiving a certificate of veterinary inspection required under this section shall submit a copy of the certificate to the Secretary, who shall record the information in a centralized, publicly available database and share the information with the appropriate State veterinarians. ; (2) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively; (3) in the second subsection (f) (relating to certificates of inspection required for delivery of an animal), by striking (f) No dogs or cats and inserting the following: (g) No dogs or cats ; and (4) in subsection (g) (as so redesignated)— (A) in the first sentence— (i) by inserting importer, before dealer, ; and (ii) by inserting , transporter, after intermediate handler ; and (B) in the second sentence— (i) by inserting , the transporters, after the intermediate handlers ; and (ii) by striking section 10 of this Act and inserting subsection (a)(4) . 4. Regulations (a) In general Not later than 18 months after the date of enactment of this Act, the Secretary of Agriculture shall promulgate final regulations to implement the amendments made by this Act, including with respect to— (1) the verification on arrival in the United States of each dog being imported for transfer into the United States from a foreign country that the dog meets all applicable importation requirements; and (2) the denial of entry into the United States of any dog that fails to meet those requirements. (b) Transition period Until the date on which final regulations are issued under subsection (a), the importation of live dogs shall be regulated in accordance with the regulations promulgated under section 18 of the Animal Welfare Act ( 7 U.S.C. 2148 ) (as in effect on the day before the date of enactment of this Act), but only to the extent that those regulations are not in conflict with section 10404A of the Animal Health Protection Act.