Puppy Protection Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 2442 To amend the Animal Welfare Act to provide for the humane treatment of dogs, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 1, 2019 Mr. FITZPATRICK (for himself, Mr. CRIST, Mr. RESCHENTHALER, and Mr. MCGOVERN) introduced the following bill; which was referred to the Com- mittee on Agriculture A BILL To amend the Animal Welfare Act to provide for the humane treatment of dogs, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Puppy Protection Act 4 of 2019’’. 5 SEC. 2. ADDITIONAL REQUIREMENTS FOR DEALERS. 6 (a) HUMANE TREATMENT OF DOGS BY DEALERS.— 7 Section 13(a) of The Animal Welfare Act (7 U.S.C. 8 2143(a)) is amended by adding at the end the following 9 new paragraph: 10 VerDate Sep 11 2014 01:40 May 04, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2442.IH H2442 kjohnson on DSK79L0C42 with BILLS 2 •HR 2442 IH ‘‘(9) In addition to the requirements under paragraph 1 (2), the standards described in paragraph (1) shall, with 2 respect to dealers, include requirements— 3 ‘‘(A) that such dealer provide adequate housing 4 for dogs that includes— 5 ‘‘(i) completely solid flooring; 6 ‘‘(ii) indoor space sufficient to allow the 7 tallest dog in an enclosure to stand on his or 8 her hind legs without touching the roof of the 9 enclosure; 10 ‘‘(iii) with respect to dogs over 8 weeks in 11 age, primary enclosures that, with the length of 12 the dog measured from the tip of the nose to 13 the base of the tail, provide at least— 14 ‘‘(I) 12 square feet of indoor floor 15 space per each dog up to 25 inches long; 16 ‘‘(II) 20 square feet of indoor floor 17 space per each dog between 25 and 35 18 inches long; and 19 ‘‘(III) 30 square feet of indoor floor 20 space per each dog 35 inches and longer; 21 ‘‘(iv) enclosures that are not stacked or 22 otherwise placed on top of or below another en- 23 closure; and 24 ‘‘(v) temperature control that— 25 VerDate Sep 11 2014 01:40 May 04, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2442.IH H2442 kjohnson on DSK79L0C42 with BILLS 3 •HR 2442 IH ‘‘(I) is appropriate for the age, breed, 1 and condition of the dogs in the enclosure; 2 and 3 ‘‘(II) is between 45 and 85 degrees 4 Fahrenheit, when dogs are present in the 5 enclosure; 6 ‘‘(B) that appropriate and nutritious food be 7 provided to each dog at least twice per day, in an 8 amount sufficient to maintain the good health and 9 physical condition of each such dog; 10 ‘‘(C) that each dog has continuous access to po- 11 table water that is not frozen and is free of feces, 12 algae, and other contaminants; 13 ‘‘(D) that each dog has adequate exercise, in- 14 cluding— 15 ‘‘(i) for dogs over the age of 12 weeks, un- 16 restricted access from their primary enclosures 17 during daylight hours to an outdoor exercise 18 area that is— 19 ‘‘(I) at ground-level; 20 ‘‘(II) a solid surface; 21 ‘‘(III) enclosed (by a fence or other 22 structure); 23 ‘‘(IV) properly controlled for the safe- 24 ty of the dogs; and 25 VerDate Sep 11 2014 01:40 May 04, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2442.IH H2442 kjohnson on DSK79L0C42 with BILLS 4 •HR 2442 IH ‘‘(V) allows the dog to extend to full 1 stride, play, and engage in other types of 2 mentally stimulating and social behaviors; 3 or 4 ‘‘(ii) if the dealer obtains a certification 5 from the attending veterinarian stating that the 6 dog should not have unfettered access to an 7 outdoor exercise area for a specific medical rea- 8 son, an alternative exercise plan prescribed by 9 the veterinarian for the dog that meets the re- 10 quirements under section 3.8a of title 9, Code 11 of Federal Regulations; 12 ‘‘(E) that each dog has meaningful socialization 13 with humans and compatible dogs for at least 30 14 minutes each day that— 15 ‘‘(i) includes positive interaction with a 16 human such as petting, stroking, grooming, 17 feeding, playing with, exercising, or other 18 touching of the dog that is beneficial to the 19 well-being of the dog; and 20 ‘‘(ii) does not include time spent in veteri- 21 nary care; 22 ‘‘(F) that each dog receives adequate veterinary 23 care, including— 24 VerDate Sep 11 2014 01:40 May 04, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2442.IH H2442 kjohnson on DSK79L0C42 with BILLS 5 •HR 2442 IH ‘‘(i) prompt treatment of any disease, ill- 1 ness or injury by a licensed veterinarian; 2 ‘‘(ii) a thorough hands-on examination by 3 a licensed veterinarian at least once each year, 4 which shall include a dental exam; 5 ‘‘(iii) core vaccinations recommended by 6 the current version of the American Animal 7 Hospital Association Canine Vaccination Guide- 8 lines; and 9 ‘‘(iv) medications to prevent intestinal 10 parasites, heartworm disease, fleas, and ticks 11 that are approved by a licensed veterinarian for 12 canine use; 13 ‘‘(G) with respect to safe breeding practices for 14 dogs, including— 15 ‘‘(i) a screening program for known preva- 16 lent inheritable diseases that may be disabling 17 or likely to significantly affect the lifespan or 18 quality of life of the mother or her offspring; 19 ‘‘(ii) prohibiting breeding, unless each dog 20 bred has been screened by a veterinarian prior 21 to each attempt to breed and is found to be free 22 from health conditions that may be disabling to, 23 or likely to significantly affect the lifespan or 24 quality of life of, the mother or her offspring 25 VerDate Sep 11 2014 01:40 May 04, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2442.IH H2442 kjohnson on DSK79L0C42 with BILLS 6 •HR 2442 IH (as documented by a licensed veterinarian upon 1 examination); 2 ‘‘(iii) prohibiting the breeding of a female 3 dog— 4 ‘‘(I) to produce more than two litters 5 in any 18-month period; or 6 ‘‘(II) more than 6 litters in that dog’s 7 lifetime; 8 ‘‘(iv) that female dogs of small breeds 9 (having a maximum weight range at maturity 10 that is below 40 pounds) not be bred— 11 ‘‘(I) before reaching the age of 18 12 months; or 13 ‘‘(II) after reaching the age of 9 14 years; 15 ‘‘(v) that female dogs of large breeds (hav- 16 ing expected weight ranges at maturity that in- 17 clude 40 or more pounds) not be bred— 18 ‘‘(I) before reaching the age of 2 19 years; or 20 ‘‘(II) after reaching the age of 7 21 years; and 22 ‘‘(vi) that any canine caesarian section be 23 performed by a licensed veterinarian; 24 VerDate Sep 11 2014 01:40 May 04, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2442.IH H2442 kjohnson on DSK79L0C42 with BILLS 7 •HR 2442 IH ‘‘(H) that dogs be housed with other dogs, un- 1 less health or behavioral issues make group housing 2 unsafe; and 3 ‘‘(I) to make all reasonable efforts to find hu- 4 mane placement for retired breeding dogs (such as 5 with an adoptive family, rescue organization, or 6 other appropriate owner for that dog, and not in- 7 cluding selling at auction or otherwise placing a re- 8 tired breeding dog with another breeder for breeding 9 purposes).’’. 10 (b) CONFORMING AMENDMENT.—Section 11 13(a)(2)(B) of the Animal Welfare Act (7 U.S.C. 12 2143(a)(2)(B)) is amended by inserting ‘‘subject to para- 13 graph (9),’’ before ‘‘for exercise of dogs’’. 14 SEC. 3. REGULATIONS. 15 Not later than 18 months after the date of the enact- 16 ment of this Act, the Secretary shall issue final regulations 17 establishing the standards for the care of dogs by dealers, 18 as required by this Act. 19 Æ VerDate Sep 11 2014 01:40 May 04, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H2442.IH H2442 kjohnson on DSK79L0C42 with BILLS