Puppy Protection Act of 2020

II 116TH CONGRESS 2D SESSION S. 4757 To amend the Animal Welfare Act to establish additional requirements for dealers, and for other purposes. IN THE SENATE OF THE UNITED STATES SEPTEMBER 29, 2020 Mr. DURBIN introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Animal Welfare Act to establish additional requirements for dealers, 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 2020’’. 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 VerDate Sep 11 2014 00:26 Oct 18, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4757.IS S4757 kjohnson on DSK79L0C42PROD with BILLS 2 •S 4757 IS ‘‘(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 the 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 measuring not more 16 than 25 inches long; 17 ‘‘(II) 20 square feet of indoor floor 18 space per each dog measuring more than 19 25 but less than 35 inches long; and 20 ‘‘(III) 30 square feet of indoor floor 21 space per each dog measuring not less 22 than 35 inches long; 23 VerDate Sep 11 2014 00:26 Oct 18, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4757.IS S4757 kjohnson on DSK79L0C42PROD with BILLS 3 •S 4757 IS ‘‘(iv) enclosures that are not stacked or 1 otherwise placed on top of or below another en- 2 closure; and 3 ‘‘(v) temperature control that— 4 ‘‘(I) is appropriate for the age, breed, 5 and condition of each dog in the enclosure; 6 and 7 ‘‘(II) is between 45 and 85 degrees 8 Fahrenheit, when dogs are present in the 9 enclosure; 10 ‘‘(B) that appropriate and nutritious food be 11 provided to each dog at least twice per day, in an 12 amount sufficient to maintain the good health and 13 physical condition of each dog; 14 ‘‘(C) that each dog has continuous access to po- 15 table water that is not frozen and is free of feces, 16 algae, and other contaminants; 17 ‘‘(D) that each dog has adequate exercise, in- 18 cluding, for each dog over the age of 12 weeks— 19 ‘‘(i) except as provided in clause (ii), unre- 20 stricted access from the primary enclosure of 21 the dog during daylight hours to an outdoor ex- 22 ercise area that— 23 ‘‘(I) is at ground-level; 24 ‘‘(II) is a solid surface; 25 VerDate Sep 11 2014 00:26 Oct 18, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4757.IS S4757 kjohnson on DSK79L0C42PROD with BILLS 4 •S 4757 IS ‘‘(III) is enclosed by a fence or other 1 structure; 2 ‘‘(IV) is properly controlled for the 3 safety of the dog; and 4 ‘‘(V) allows the dog to extend to full 5 stride, play, and engage in other types of 6 mentally stimulating and social behaviors; 7 or 8 ‘‘(ii) if the dealer obtains a certification 9 from the attending veterinarian stating that a 10 dog should not have unrestricted access to an 11 outdoor exercise area for a specific medical rea- 12 son, an alternative exercise plan prescribed by 13 the veterinarian for the dog that meets the ap- 14 plicable requirements under section 3.8 of title 15 9, Code of Federal Regulations (or successor 16 regulations); 17 ‘‘(E) that each dog has meaningful socialization 18 with humans and compatible dogs for at least 30 19 minutes each day that— 20 ‘‘(i) includes positive interaction with a 21 human such as petting, stroking, grooming, 22 feeding, playing with, exercising, or other 23 touching of the dog that is beneficial to the 24 well-being of the dog; and 25 VerDate Sep 11 2014 00:26 Oct 18, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4757.IS S4757 kjohnson on DSK79L0C42PROD with BILLS 5 •S 4757 IS ‘‘(ii) does not include time spent in veteri- 1 nary care; 2 ‘‘(F) that each dog receives adequate veterinary 3 care, including— 4 ‘‘(i) prompt treatment of any disease, ill- 5 ness, or injury by a licensed veterinarian; 6 ‘‘(ii) a thorough, hands-on examination by 7 a licensed veterinarian at least once each year, 8 which shall include a dental exam; 9 ‘‘(iii) core vaccinations recommended by 10 the latest version of the American Animal Hos- 11 pital Association Canine Vaccination Guidelines; 12 and 13 ‘‘(iv) medications to prevent intestinal 14 parasites, heartworm disease, fleas, and ticks 15 that are approved by a licensed veterinarian for 16 canine use; 17 ‘‘(G) with respect to safe breeding practices for 18 dogs, including— 19 ‘‘(i) a screening program for known preva- 20 lent inheritable diseases that may be disabling 21 or likely to significantly affect the lifespan or 22 quality of life of the mother or the offspring; 23 ‘‘(ii) prohibiting breeding, unless each dog 24 bred— 25 VerDate Sep 11 2014 00:26 Oct 18, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4757.IS S4757 kjohnson on DSK79L0C42PROD with BILLS 6 •S 4757 IS ‘‘(I) has been screened by a licensed 1 veterinarian prior to each attempt to 2 breed; and 3 ‘‘(II) is found in the screening under 4 subclause (I) to be free from health condi- 5 tions that may be disabling to, or likely to 6 significantly affect the lifespan or quality 7 of life of, the mother or the offspring; 8 ‘‘(iii) prohibiting the breeding of a female 9 dog to produce— 10 ‘‘(I) more than 2 litters in any 18- 11 month period; or 12 ‘‘(II) more than 6 litters during the 13 lifetime of the dog; 14 ‘‘(iv) that a female dog of any small breed 15 (having a maximum weight range at maturity 16 that is less than 40 pounds) not be bred— 17 ‘‘(I) before reaching the age of 18 18 months; or 19 ‘‘(II) after reaching the age of 9 20 years; 21 ‘‘(v) that a female dog of any large breed 22 (having an expected weight range at maturity 23 that includes 40 or more pounds) not be bred— 24 VerDate Sep 11 2014 00:26 Oct 18, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4757.IS S4757 kjohnson on DSK79L0C42PROD with BILLS 7 •S 4757 IS ‘‘(I) before reaching the age of 2 1 years; or 2 ‘‘(II) after reaching the age of 7 3 years; and 4 ‘‘(vi) that any canine caesarian section be 5 performed by a licensed veterinarian; 6 ‘‘(H) that dogs be housed with other dogs, un- 7 less health or behavioral issues make group housing 8 unsafe; and 9 ‘‘(I) to make all reasonable efforts to find hu- 10 mane placement for retired breeding dogs— 11 ‘‘(i) such as with an adoptive family, res- 12 cue organization, or other appropriate owner for 13 that dog; and 14 ‘‘(ii) not including selling at auction or 15 otherwise placing a retired breeding dog with 16 another breeder for breeding purposes.’’. 17 (b) CONFORMING AMENDMENT.—Section 18 13(a)(2)(B) of the Animal Welfare Act (7 U.S.C. 19 2143(a)(2)(B)) is amended by inserting ‘‘subject to para- 20 graph (9),’’ before ‘‘for exercise of dogs’’. 21 (c) REGULATIONS.—Not later than 18 months after 22 the date of enactment of this Act, the Secretary shall issue 23 final regulations establishing the standards for the care 24 VerDate Sep 11 2014 00:26 Oct 18, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4757.IS S4757 kjohnson on DSK79L0C42PROD with BILLS 8 •S 4757 IS of dogs by dealers, as required by this section and the 1 amendments made by this section. 2 Æ VerDate Sep 11 2014 00:26 Oct 18, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\S4757.IS S4757 kjohnson on DSK79L0C42PROD with BILLS