Pet Safety and Protection Act of 2005 - Amends the Animal Welfare Act to list permissible sources of dogs and cats used by research facilities to include dogs and cats obtained: (1) from a licensed dealer; (2) from a publicly owned and operated pound or shelter that meets specified requirements; (3) by donation from a person who bred and raised the dog or cat and owned it for not less than one year; or (4) from a research facility licensed by the Secretary of Agriculture. Sets forth additional monetary penalties for related violations.
Revises provisions to prohibit federal facilities from purchasing or otherwise acquiring dogs or cats for exhibition purposes except from: (1) the operator of an auction that comports with legal requirements; or (2) a person holding a valid dealer or exhibitor license.
Revises provisions to prohibit dealers from selling or otherwise providing a research facility with random source dogs or cats unless specified certification requirements are met.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5229 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5229
To amend the Animal Welfare Act to ensure that all dogs and cats used
by research facilities are obtained legally.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 27, 2006
Mr. English of Pennsylvania (for himself, Mr. Doyle, Mr. Ackerman, Ms.
Eddie Bernice Johnson of Texas, Ms. Kilpatrick of Michigan, Mr.
Conyers, Mr. DeFazio, Mr. Delahunt, Mr. Emanuel, Mr. Evans, Mr.
Fitzpatrick of Pennsylvania, Mr. Hinchey, Mrs. Johnson of Connecticut,
Mrs. McCarthy, Mr. George Miller of California, Mr. Moran of Virginia,
Mr. Murtha, Mr. Olver, Mr. Pallone, Mr. Platts, Mr. Rothman, Ms.
Schakowsky, Mr. Schiff, Mr. Shays, Mr. Simmons, Mr. Smith of New
Jersey, Mr. Towns, Mr. Udall of Colorado, Mr. Van Hollen, Mr. Weldon of
Pennsylvania, Mr. Berman, Mr. Brady of Pennsylvania, Mr. Israel, Mr.
Sabo, and Ms. Hart) introduced the following bill; which was referred
to the Committee on Agriculture
_______________________________________________________________________
A BILL
To amend the Animal Welfare Act to ensure that all dogs and cats used
by research facilities are obtained legally.
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 ``Pet Safety and Protection Act of
2005''.
SEC. 2. PROTECTION OF PETS.
(a) Research Facilities.--Section 7 of the Animal Welfare Act (7
U.S.C. 2137) is amended to read as follows:
``SEC. 7. SOURCES OF DOGS AND CATS FOR RESEARCH FACILITIES.
``(a) Definition of Person.--In this section, the term `person'
means any individual, partnership, firm, joint stock company,
corporation, association, trust, estate, pound, shelter, or other legal
entity.
``(b) Use of Dogs and Cats.--No research facility or Federal
research facility may use a dog or cat for research or educational
purposes if the dog or cat was obtained from a person other than a
person described in subsection (d).
``(c) Selling, Donating, or Offering Dogs and Cats.--No person,
other than a person described in subsection (d), may sell, donate, or
offer a dog or cat to any research facility or Federal research
facility.
``(d) Permissible Sources.--A person from whom a research facility
or a Federal research facility may obtain a dog or cat for research or
educational purposes under subsection (b), and a person who may sell,
donate, or offer a dog or cat to a research facility or a Federal
research facility under subsection (c), shall be--
``(1) a dealer licensed under section 3 that has bred and
raised the dog or cat;
``(2) a publicly owned and operated pound or shelter that--
``(A) is registered with the Secretary;
``(B) is in compliance with section 28(a)(1) and
with the requirements for dealers in subsections (b)
and (c) of section 28; and
``(C) obtained the dog or cat from its legal owner,
other than a pound or shelter;
``(3) a person that is donating the dog or cat and that--
``(A) bred and raised the dog or cat; or
``(B) owned the dog or cat for not less than 1 year
immediately preceding the donation;
``(4) a research facility licensed by the Secretary; and
``(5) a Federal research facility licensed by the
Secretary.
``(e) Penalties.--
``(1) In general.--A person that violates this section
shall be fined $1,000 for each violation.
``(2) Additional penalty.--A penalty under this subsection
shall be in addition to any other applicable penalty.
``(f) No Required Sale or Donation.--Nothing in this section
requires a pound or shelter to sell, donate, or offer a dog or cat to a
research facility or Federal research facility.''.
(b) Federal Research Facilities.--Section 8 of the Animal Welfare
Act (7 U.S.C. 2138) is amended--
(1) by striking ``Sec. 8. No department'' and inserting the
following:
``SEC. 8. FEDERAL RESEARCH FACILITIES.
``Except as provided in section 7, no department'';
(2) by striking ``research or experimentation or''; and
(3) by striking ``such purposes'' and inserting ``that
purpose''.
(c) Certification.--Section 28(b)(1) of the Animal Welfare Act (7
U.S.C. 2158(b)(1)) is amended by striking ``individual or entity'' and
inserting ``research facility or Federal research facility''.
SEC. 3. EFFECTIVE DATE.
The amendments made by section 2 take effect on the date that is 90
days after the date of enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Agriculture.
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