,i  #aafth ,,congress  #b;d ,session    
,h4 ,r4 #egae  ,,in ,,the ,,house ,,of  
,,representatives  ,january #cj1        
#bjbj,mr4 ,crist 7for himself and ,mr4  
,reschenthaler7 introduced the following
 bill2 which was referred to the        
,committee on ,agriculture1 and in      
addition to the ,committee on ,energy   
and ,commerce1 for a period to be       
subsequently determined by the ,speaker1
 in each case for consideration of such 
provisions as fall within the           
jurisdiction of the committee concerned 
,a ,,bill  ,to improve honesty in pet   
sales1 and for other purposes4  #a4     
,short title ,this ,act may be cited as 
the ,petfax ,act of #bjbj4  #b4         
,provision of information to purchasers 
of dogs and cats  7a7 ,definitions ,in  
this section3  7#a7 ,commission ,the    
term ,commission means the ,federal     
,trade ,commission4  7#b7 ,covered dog  
or cat ,the term covered dog or cat     
means a dog or cat bred and raised by   
any dealer that is required to be       

licensed under section #c of the ,animal
 ,welfare ,act 7#g ,u4,s4,c4 #bacc74    
7#c7 ,covered seller  7,a7 ,in general  
,the term covered seller means-- 7i7 a  
dealer2  7ii7 a retail pet store2 and   
7iii7 any other person that sells1 or   
offers for sale1 dogs or cats1 including
 through the internet1 for compensation 
or profit other than on an intermittent 
basis4  7,b7 ,exclusion ,the term       
covered seller does not include-- 7i7 a 
public animal shelter2 or  7ii7 an      
organization-- 7,i7 described in section
 #eja7;c77#c7 of the ,internal ,revenue 
,code of #aihf and exempt from taxation 
under #eja7;a7 of that ,code2 and       
7,,ii7 that is involved in bona fide    
animal adoption or rescue activities4   
7#d7 ,dealer ,the term dealer has the   
meaning given the term in section #b of 
the ,animal ,welfare ,act 7#g ,u4,s4,c4 
#bacb74  7#e7 ,financial consideration  
,the term financial consideration means 
any payment1 including a donation1 but  
does not include-- 7,a7 a payment made  

to a public animal shelter2 or  7,b7 a  
payment that is made solely to reimburse
 a person for the costs of caring for a 
dog or cat4  7#f7 ,purchaser ,the term  
purchaser means a person that--  7,a7 is
 not a dealer2 and  7,b7 purchases a    
covered dog or cat4  7b7 ,requirement ,a
 covered seller may not sell1 or offer  
for sale1 a covered dog or cat1         
including through the internet1 unless1 
before the purchase of the covered dog  
or cat1 the covered seller provides to  
the purchaser1 in a form prescribed by  
the ,commission--  7#a7 information     
relating to the source of the covered   
dog or cat1 including-- 7,a7 the name1  
address1 telephone number1 and          
,department of ,agriculture license or  
registration number 7if such a number   
exists7 of--  7i7 the dealer that bred  
and raised the covered dog or cat1 and--
 7,i7 the number of dogs and cats bred  
by such dealer during the prior #b      
years2 and  7,,ii7 the number of dogs   
and cats sold by such dealer during the 

prior #b years2  7ii7 the covered seller
 that acquired the covered dog or cat   
from the dealer described in clause 7i71
 if any2 and  7iii7 each covered seller 
that acquired the covered dog or cat    
thereafter1 if any2 and  7,b7 a listing 
and description of each violation of the
 ,animal ,welfare ,act 7#g ,u4,s4,c4    
#baca et seq471 if any1 during the prior
 #b years by each dealer and covered    
seller described in clauses 7i71 7ii71  
and 7iii7 of subparagraph 7,a71 as      
applicable2 and  7#b7 information       
relating to the health history of the   
covered dog or cat1 including-- 7,a7 the
 date of birth of covered dog or cat2   
7,b7  7i7 if the covered dog or cat has 
received individual examinations by a   
licensed veterinarian-- 7,i7 the most   
recent date on which the covered cat or 
dog received an individual examination  
by a licensed veterinarian2 and  7,,ii7 
the name1 address1 telephone number1 and
 ,state license number 7if such a number
 exists7 of the licensed veterinarian   

described in subclause 7,i72 or  7ii7 if
 the covered dog or cat has not received
 an individual examination by a licensed
 veterinarian1 a statement that the     
covered dog or cat has not received an  
examination by a licensed veterinarian2 
and  7,c7 a list of-- 7i7 each vaccine  
administered to the covered dog or cat2 
7ii7 each congenital deformity1 disease1
 disorder1 or condition that the covered
 seller knows1 or should reasonably     
know1 affects the covered dog or cat2   
and  7iii7 each infectious disease1     
disorder1 or condition that the covered 
seller knows1 or should reasonably know1
 affects the covered dog or cat4  7c7   
,transfers ,a covered seller providing  
to another covered seller a covered dog 
or cat that will ultimately be sold to a
 purchaser shall provide to the other   
covered seller the information described
 in subsection 7b74  7d7 ,application to
 non-,profit sellers ,any organization  
described in subsection 7a77#c77;,b77ii7
 that acquires a dog or cat in exchange 

for financial consideration shall       
disclose to any person seeking to       
acquire such dog or cat from such       
organization in exchange for financial  
consideration--  7#a7 the fact that such
 organization acquired such dog or cat  
in exchange for financial consideration 
and the amount of such consideration2   
and  7#b7 the name of the person from   
which the organization acquired such dog
 or cat 7if known to the organization74 
7e7 ,regulations  7#a7 ,in general ,not 
later than #ahj days after the date of  
enactment of this ,act1 the ,commission 
shall promulgate regulations under      
section #eec of title #e1 ,united       
,states ,code1 to carry out this        
section4  7#b7 ,requirements ,the       
regulations under paragraph 7#a7 shall--
 7,a7 include the manner and method by  
which the information described in      
subsection 7b7 may be provided to a     
potential purchaser under that          
subsection1 or to another covered seller
 under subsection 7c71 as applicable1 to

 comply with this section2 and  7,b7    
provide that a covered seller that uses 
a different manner or method than the   
manner and method described in          
subparagraph 7,a7 to provide the        
information described in subsection 7b7 
to a potential purchaser under that     
subsection1 or to another covered seller
 under subsection 7c71 as applicable1   
may not be determined to be in          
noncompliance with this section solely  
because of the manner and method used4  
7f7 ,effect ,nothing in this section    
shall preempt any ,state or local law4  
#c4 ,unfair or deceptive acts or        
practices with respect to the sale of   
animals for use as pets  7a7            
,definitions ,in this section3  7#a7    
,commission2 covered seller ,the terms  
,commission and covered seller have the 
meanings given those terms in section   
#b4  7#b7 ,high-volume breeder ,the term
 high-volume breeder means any person   
that--  7,a7 is engaged in the breeding 
of dogs or cats2 and  7,b7 7i7 is       

required to be licensed as a dealer     
under section #c of the ,animal ,welfare
 ,act 7#g ,u4,s4,c4 #bacc72  7ii7 keeps 
on the premises of the person not fewer 
than #d breeding dogs or cats2 or  7iii7
 during a #a-year period1 sells not     
fewer than #be dogs or cats that were   
bred on the premises of the person4  7b7
 ,unlawful activity  7#a7 ,in general   
,it is unlawful to engage in an unfair  
or deceptive act or practice with       
respect to any sale of an animal for use
 as a pet4  7#b7 ,misrepresentations    
relating to the source of dogs and cats 
,it is a violation of paragraph 7#a7 for
 a covered seller1 in selling1 or       
negotiating the purchase or sale of1 a  
dog or cat1 to misrepresent where the   
dog or cat was bred or the source from  
which the covered seller acquired the   
dog or cat1 including by misrepresenting
 whether--  7,a7 a high-volume breeder  
bred the dog or cat2 or  7,b7 the       
covered seller acquired the dog or cat  
from a high-volume breeder4  7#c7       

,violation of requirement to provide    
certain information ,it is a violation  
of paragraph 7#a7 for a covered seller  
to sell a dog or cat in violation of    
section #b on or after the date that is 
#fj days after the date on which the    
,commission promulgates regulations     
under subsection 7e77#a7 of that        
section4  7c7 ,enforcement by the       
,commission  7#a7 ,in general ,this     
section shall be enforced by the        
,commission under the ,federal ,trade   
,commission ,act 7#ae ,u4,s4,c4 #da et  
seq474  7#b7 ,unfair or deceptive acts  
or practices ,a violation of this       
section shall be treated as a violation 
of a rule defining an unfair or         
deceptive act or practice prescribed    
under section #ah7;a77#a77;,b7 of the   
,federal ,trade ,commission ,act 7#ae   
,u4,s4,c4 #eg;a7a77#a77;,b774  7#c7     
,actions by the ,commission  7,a7 ,in   
general ,the ,commission shall prevent  
any person from violating this section  
in the same manner1 by the same means1  

and with the same jurisdiction1 powers1 
and duties as though all applicable     
terms and provisions of the ,federal    
,trade ,commission ,act 7#ae ,u4,s4,c4  
#da et seq47 were incorporated into and 
made a part of this section4  7,b7      
,privileges and immunities ,any person  
who violates this section shall be      
subject to the penalties and entitled to
 the privileges and immunities provided 
under the ,federal ,trade ,commission   
,act 7#ae ,u4,s4,c4 #da et seq474  7d7  
,effect  7#a7 ,authority preserved      
,nothing in this section shall be       
construed to limit the authority of the 
,commission1 the ,secretary of          
,commerce1 or the ,secretary of         
,agriculture under any other provision  
of law4  7#b7 ,preemption ,nothing in   
this section shall preempt any ,state or
 local law4  #d4 ,public availability of
 regulatory records ,notwithstanding any
 other provision of law1 not later than 
#ij days after the date of enactment of 
this ,act1 the ,secretary of            

,agriculture 7referred to in this       
section as the ,secretary7 shall        
maintain and promptly make available to 
the public in an online searchable      
database in a machine-readable format on
 the website of the ,department of      
,agriculture information relating to the
 administration of the ,animal ,welfare 
,act 7#g ,u4,s4,c4 #baca et seq47 and   
the ,horse ,protection ,act 7#ae        
,u4,s4,c4 #ahba et seq471 including--   
7#a7 the entirety of each report of any 
inspection conducted1 and record of any 
enforcement action taken1 at any time   
under--  7,a7 either of those ,acts2 or 
7,b7 any regulation issued under those  
,acts2  7#b7 with respect to the ,animal
 ,welfare ,act-- 7,a7 the entirety of   
each annual report submitted by a       
research facility under section #ac of  
that ,act 7#g ,u4,s4,c4 #badc72 and     
7,b7 the name1 address1 and license or  
registration number of each research    
facility1 exhibitor1 dealer1 and other  
person or establishment--  7i7 licensed 

by the ,secretary under section #c or   
#ab of that ,act 7#g ,u4,s4,c4 #bacc1   
#badb72 or  7ii7 registered with the    
,secretary under section #f of that ,act
 7#g ,u4,s4,c4 #bacf72 and  7#c7 with   
respect to the ,horse ,protection ,act1 
the name and address of-- 7,a7 any      
person that is licensed to conduct any  
inspection under section #d7;c7 of that 
,act 7#ae ,u4,s4,c4 #ahbc7;c772 or  7,b7
 any organization or association that is
 licensed by the ,department of         
,agriculture to promote horses through--
  7i7 the showing1 exhibiting1 sale1    
auction1 or registry of horses2 or  7ii7
 the conduct of any activity that       
contributes to the advancement of       
horses4  #e4 ,prohibition on issuing    
licenses to certain persons as a result 
of license revocation  7a7 ,definition  
of immediate family member ,section #b  
of the ,animal ,welfare ,act 7#g        
,u4,s4,c4 #bacb7 is amended by adding at
 the end the following3  7p7 ,the term  
immediate family member means1 with     

respect to a dealer--  7#a7 a spouse1   
domestic partner1 child1 parent1        
brother1 sister1 grandparent1 or        
grandchild of the dealer2 and  7#b7 a   
spouse or domestic partner of a child1  
parent1 brother1 sister1 grandparent1 or
 grandchild of the dealer4  4  7b7      
,prohibition on issuing licenses to     
certain persons as a result of license  
revocation ,section #c of the ,animal   
,welfare ,act 7#g ,u4,s4,c4 #bacc7 is   
amended-- 7#a7 by striking the section  
designation and all that follows through
 ,the ,secretary shall and inserting the
 following3  #c4 ,licenses  7a7 ,in     
general ,the ,secretary shall  2  7#b7  
in subsection 7a7 7as so designated71 in
 the first sentence1 in the first       
proviso--  7,a7 by inserting or renewed 
after issued2 and  7,b7 by striking     
demonstrated that his facilities and    
inserting demonstrated through facility 
inspection that the facilities2 and     
7#c7 by adding at the end the following3
  7b7 ,prohibition on issuing licenses  

to certain persons as a result of       
license suspension or revocation  7#a7  
,in general ,the ,secretary shall not   
issue or renew a license for the purpose
 of being a dealer of dogs or cats to a 
person who is an immediate family member
 of1 or who resides at the same address 
of1 a dealer of dogs or cats if--  7,a7 
the license is for purposes of operating
 a facility for dogs or cats at a       
location that the dealer has used as a  
facility for dogs or cats2 and  7,b7    
within the last #aj years1 a license of 
that dealer has been suspended after    
notice and opportunity for hearing or   
revoked pursuant to section #ai7;a74    
7#b7 ,exception ,paragraph 7#a7 shall   
not apply to a person described in that 
paragraph if that person shows by clear 
and convincing evidence that a dealer   
described in that paragraph--  7,a7 will
 have no ownership interest in the      
facility for which that person seeks a  
license2  7,b7 will play no role in the 
care of dogs or cats at the facility2   

and  7,c7 will play no role in the      
management of the facility4  7c7        
,prohibition on issuing licenses to     
certain legal entities as a result of   
license suspension or revocation  7#a7  
,in general ,the ,secretary shall not   
issue or renew a license for the purpose
 of being a dealer of dogs or cats to   
any person that is a partnership1 firm1 
joint stock company1 corporation1       
association1 trust1 estate1 or other    
legal entity if any person who holds an 
ownership interest in the partnership1  
firm1 joint stock company1 corporation1 
association1 trust1 estate1 or other    
legal entity--  7,a7 previously held a  
license for purposes of operating a     
facility for dogs or cats at the same   
address of the facility for which the   
license is being sought2 and  7,b7      
within the last #aj years1 that license 
has been suspended after notice and     
opportunity for hearing or revoked      
pursuant to section #ai7;a74  7#b7      
,exception ,paragraph 7#a7 shall not    

apply to a person seeking the issuance  
or renewal of a license described in    
that paragraph if that person shows by  
clear and convincing evidence that a    
person who previously held a license for
 purposes of operating a facility for   
dogs or cats described in subparagraph  
7,a7 of that paragraph--  7,a7 will play
 no role in the care of dogs or cats at 
the facility2 and  7,b7 will play no    
role in the management of the facility4 
7d7 #aj-,year bar for suspension or     
revocation of a license of a dealer of  
dogs or cats ,the ,secretary shall not  
issue or renew a license for the purpose
 of being a dealer of dogs or cats to a 
person if--  7#a7 within the last #aj   
years1 a license for the purpose of     
being a dealer of dogs or cats of that  
person has been suspended after notice  
and opportunity for hearing or revoked  
pursuant to section #ai7;a72 and  7#b7  
the license is for purposes of operating
 a facility for dogs or cats at a       
location that the person has used as a  

facility for dogs or cats4  4  7c7      
,revocation of improperly granted       
licenses ,section #ai of the ,animal    
,welfare ,act 7#g ,u4,s4,c4 #badi7 is   
amended by adding at the end the        
following3  7e7 ,revocation of          
improperly granted licenses ,the        
,secretary shall revoke a license issued
 after the date of enactment of this    
subsection if the ,secretary            
subsequently determines that1 at the    
time of issuance1 the issuance of the   
license violated section #c4  4  7d7    
,regulations  7#a7 ,in general ,the     
,secretary of ,agriculture may prescribe
 such regulations as the ,secretary of  
,agriculture determines to be necessary 
to implement the amendments made by this
 section4  7#b7 ,deadline ,any          
regulations under paragraph 7#a7 shall  
be prescribed not later than #a year    
after the date of enactment of this     
,act4