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Federal Laws that usurp our privacy legal Rights are often driven by animal "rights"




SANTORUM'S Proposed Amendments to the Pet Animal Welfare Statute

AWA - Sections of Chapter 54 Affected by Sen. Santorum


Following are parts of the federal Animal Welfare Act with amendments as proposed by Senator Santorum's bill, called the "Pet Animal Welfare Statute" of 2005 (PAWS). This page contains only the sections of Chapter 54 which are affected by the bill.


The bill numbers are S. 1139 (Senate), and H.R. 2669 (House of Representatives).


The text of the unamended AWA was taken from the USDA site, at 1. Text of the bill is from a copy distributed informally at the time of filing and is not the official Government Printing Office copy.


There are obvious errors in the text of the bill. In addition, merging the bill with existing law is tricky. We believe what follows is correct and useable for general information but in any case involving possible legal action, consult an attorney and work from original government documents.


Furthermore, the USDA site where we got the text of the original bill includes the following disclaimer: "This is not to be considered as the 'official' Animal Welfare Act although we believe that for all intent and purposes, it is correct. If you are considering legal questions, then you should consider obtaining a copy from the Government Printing Office or by contacting us at"


Notation in the following is as follows:


Plain text (most of what is below) is original text. This is already the law and there's no point griping about it!


Text that is struck through like this is text that is removed by the bill.


Text that is displayed in red is new text, added by the bill.


The bill re-letters and alphabetizes the list of definitions in this section of law. We have shown these definitions in the new (alphabetical) order with the new letters.


Courtesy Walt & Sharyn Hutchens




U.S.C. 2131 - 59




2131. Congressional statement of policy [Sec. 1]

This Act may be cited as the "Pet Animal Welfare Statute of 2005".


2132. Definitions [Sec. 2]


When used in this Act --

(g) (a) The term "animal" means any live or dead dog, cat, monkey (nonhuman primate mammal), guinea pig, hamster, rabbit, or such other warm-blooded animal, as the Secretary may determine is being used, or is intended for use, for research, testing, experimentation, or exhibition purposes, or as a pet; but such term excludes (1) birds, rats of the genus Rattus, and mice of the genus Mus, bred for use in research, [effective 2003] (2) horses not used for research purposes, and (3)horses not used for research purposes and other farm animals, such as, but not limited to livestock or poultry, used or intended for use as food or fiber, or livestock or poultry used or intended for use for improving animal nutrition, breeding, management, or production efficiency, or for improving the quality of food or fiber. With respect to a dog, the term means all dogs including (emphasis inserted) those used for hunting, security, or breeding purposes;


(j) (b) The term "carrier" means the operator of any airline, railroad, motor carrier, shipping line, or other enterprise, which is engaged in the business of transporting any animals for hire;


(c) (c) The term "commerce" means trade, traffic, transportation, or other commerce--


(n) (d) The term "Committee" means the Institutional Animal Committee established under section 13(b); and


(f) (e) The term "dealer" means any person who, in commerce, for compensation or profit, delivers for transportation, or transports, except as a carrier, (emphasis inserted) buys, or sells, or negotiates the purchase or sale of, (1) any dog or other animal whether alive or dead for research, teaching, exhibition, or use as a pet, or (2) any dog for hunting, security, or breeding purposes, except that this term does not include- (2) any dog for hunting, security, or breeding purposes, or (3) any dog imported from outside the United States unless the dog is imported by the person for the use and enjoyment of the person, except that this term does not include (emphasis inserted) -


(i) a retail pet store except such store which sells any animals to a research facility, an exhibitor, or a dealer which sells any dog imported from outside the United States;


(ii) any person who does not sell, or negotiate the purchase or sale of any wild animal, dog, or cat, and who derives no more than $500 gross income from the sale of other animals during any calendar year; any person who, during any calendar year,


(I)(aa) sells not more than 25 dogs or cats at wholesale or to the public; or

(bb) does not whelp more than 6 litters of dogs or cats and sells only dogs or cats bred or raised on the premises of the person directly at retail to persons who purchase such animals for their own use and enjoyment and not for resale; and


(II) derives not more than $500 gross income from the sale of other animals.


(h) (f) The term "exhibitor" means any person (public or private) exhibiting any animals, which were purchased in commerce or the intended distribution of which affects commerce, or will affect commerce, to the public for compensation, as determined by the Secretary, and such term includes carnivals, circuses, and zoos exhibiting such animals whether operated for profit or not; but such term excludes (emphasis inserted) retail pet stores, organizations sponsoring and all persons participating in State and country fairs, livestock shows, rodeos, purebred dog and cat shows, and any other fairs or exhibitions intended to advance agricultural arts and sciences, as may be determined by the Secretary;




What is the bottom line? There's the privacy issue. Here is another excerpt you should read:



Notwithstanding any other provision of this Act, all dealers and retail pet stores shall prepare, retain, and make available at all reasonable times for inspection and copying by the Secretary, for such reasonable period of time as the Secretary shall prescribe, a record of -


(1) the name and address of the person form whom each dog or cat was purchased or otherwise acquired; and


(2) whether the person from whom each dog or cat was acquired is required to be licensed or registered under this Act.


And just in case you didn’t think this law means business;


a) Request. Whenever the Secretary has reason to believe that any dealer, carrier, exhibitor, or intermediate handler is dealing in stolen animals, or is placing the health of any animal in serious danger in violation of this Act or the regulations or standards promulgated thereunder, or that any person is acting as a dealer or exhibitor without a valid license that has not been suspended or revoked as required by this Act, the Secretary shall notify the Attorney General, who may apply to the United States district court in which such dealer, carrier, exhibitor, or intermediate handler resides or conducts business for a temporary restraining order or injunction to prevent any such person from operating in violation of this Act or the regulations and standards prescribed under this Act.


(b) Issuance. The court shall, upon a proper showing, issue a temporary restraining order or injunction under subsection (a) without bond. Such injunction or order shall remain in effect until a complaint pursuant to section 19 [ USCS 2149] is issued and dismissed by the Secretary or until an order to cease and desist made thereon by the Secretary has become final and effective or is set aside on appellate review. Attorneys of the Department of Agriculture may, with the approval of the Attorney General, appear in the United States district court representing the Secretary in any action brought under this section.




(1) INJUNCTIONS - The Secretary may apply directly to the appropriate United States district court for a temporary retraining order or injunction described in subsection (a).


(2) REPRESENTATION - Attorneys of the Department of Agriculture may represent the Secretary in United States district court in any civil action brought under this section.



Nothing in this Act or amendments made by this Act preempts any state law (including a regulation) that provides stricter requirements than the requirements provided in the amendments made by this Act.


Ref 1 #059s151



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