Prohibition on breeding of dogs for research
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(a) In General The Animal Welfare Act (7 U.S.C. 2131 et seq.) is amended by adding at the end the following: 30. Prohibition on breeding of dogs for research (a) Prohibition It shall be unlawful for any person, in or affecting commerce— (1) to breed a dog for research purposes; (2) to engage in commercial distribution of a dog for research purposes; (3) to acquire, receive, or use for research purposes a dog that such person knows, or has reason to know, was bred for such purposes; or (4) to attempt to take any action specified in paragraphs (1) through (3). (b) Licenses and Registration The Secretary may not issue or renew a license under section 3, or accept a registration under section 6, that authorizes an activity prohibited under subsection (a), and shall suspend or revoke the license or registration of any person that violates subsection (a). (c) Civil Penalties (1) In general Any person that violates subsection (a) may be assessed a civil penalty by the Secretary of not more than $10,000 for each dog with respect to which such violation occurs. (2) Repeated violations In the case of a repeated violation of subsection (a) by a person, such person may be assessed a civil penalty of not more than $40,000 for each dog with respect to which such violation occurs. (3) Separate offenses Each dog with respect to which a violation of subsection (a) occurs shall constitute a separate offense. A continuing violation with respect to the same dog shall not constitute more than one offense. (4) Maximum aggregate amount The Secretary may not assess civil penalties under this subsection in an aggregate amount exceeding $500,000 with respect to violations of this section arising from a single inspection, investigation, or complaint. (5) Considerations In determining the amount of a civil penalty under this subsection, the Secretary shall consider the size of the business of the person involved, the severity of the violation, and the history of previous violations of this section by such person. (d) Disposition of Dogs A person who, as of the date of the enactment of this section, is in possession of a dog that was bred for research purposes— (1) may not euthanize such dog on the basis of the enactment of this section; and (2) shall offer such dog for adoption to an individual or to an animal rescue organization (as specified by the Secretary). (e) Definitions In this section: (1) Breed The term breed means, with respect to a dog, the intentional mating, reproduction (or causing the reproduction), or insemination of dogs, or implanting embryos in dogs. (2) Breed a dog for research purposes The term breed a dog for research purposes means to breed a dog, or to maintain a dog for the purpose of breeding, for use, or with the purpose that any offspring be sold, leased, transferred, maintained, or otherwise provided for research purposes. (3) Commercial distribution The term commercial distribution means, with respect to a dog, the selling, purchasing, offering for sale, advertising, brokering, transporting, shipping, importing, exporting, leasing, transferring, donating for consideration, delivering, or otherwise providing such dog in commerce to a research facility, dealer, or other person. (4) Dog The term dog means any live member of the species Canis lupus familiaris. (5) Research purposes The term research purposes means any scientific, biomedical, pharmaceutical, toxicological, product development, regulatory testing, contract research, or experimentation.. (b) Conforming repeal Section 18(b)(2) of the Animal Welfare Act (7 U.S.C. 2148(b)(2)) is amended by striking subparagraph (A) and inserting the following: (A) Exception The Secretary, by regulation, shall provide an exception to any requirement under paragraph (1) in any case in which a dog is imported for veterinary treatment.. (c) Regulations Not later than 180 days after the date of enactment of this section, the Secretary of Agriculture shall issue regulations, or revise such regulations as may be necessary, to carry out the amendments made by this section. (d) Effective Date The amendments made by this section apply beginning on the date that is 180 days after the date of enactment of this Act.