109th Congress

Pet Safety and Protection Act of 2005

S. 451/H.R. 5229

Background

The Laboratory Animal Welfare Act was originally passed in 1966 to protect family pets from unscrupulous animal dealers. Congress has since approved a number of additional protections as part of what is now known as the Animal Welfare Act. Over the past decade, the U.S. Department of Agriculture (USDA) has significantly increased its enforcement efforts and has put a number of noncompliant animal dealers out of business. These efforts include inspections of problem dealers and audits to trace dogs and cats back to the individual listed on identification records as the original owner. The success rate of such trace-back audits is now around 96 percent.

S. 451, the Pet Safety and Protection Act of 2005, was similar to bills introduced by Senator Daniel K. Akaka (D-HI) in 1996, 1999, 2001, and 2004 and was designed to ensure that all dogs and cats used by research facilities are obtained legally. The bill would have amended 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 the person who bred and raised the dog or cat and owned it for not less than 1 year, or 4) from a research facility licensed by the Secretary of Agriculture. It would have increased monetary penalties for related violations and would have expressly prohibited 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. The bill would have also prohibited dealers from selling to or otherwise providing a research facility with random-source dogs or cats unless specified certification requirements were met.

H.R. 5229, a companion measure, was introduced by Representative Philip S. English (R-PA).

Provisions of the Legislation/Impact on NIH

The legislation would have amended the Animal Welfare Act to specify how a research facility may obtain dogs and cats for research or educational purposes. The bills specified that all shelters donating animals must be registered with USDA and that all dealers must have bred and raised the animals themselves. Anyone violating the law would have been fined $1,000 for each violation.

Status and Outlook

S. 451 was introduced by Senator Akaka on February 17, 2005, and was referred to the Senate Committee on Agriculture, Nutrition and Forestry. No further action occurred on this legislation during the 109th Congress.

H.R. 5229 was introduced by Representative English on April 27, 2006, and was referred to the House Committee on Agriculture. No further action occurred on this legislation during the 109th Congress.