110th Congress

Pet Safety and Protection Act of 2007

S. 714/H.R.1280

Background

The Laboratory Animal Welfare Act was 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.

Random-source dogs and cats are needed for research and training, including surgical training where the need for genetic diversity and older specimens is critical. They are also used as research models for genetic diseases, heart conditions, drug testing, problems associated with aging, vaccine research, drug and therapy research for pets, orthopedic studies, cardiovascular studies, prostate cancer research, and research into “orphan” genetic diseases that require animals that are not available from breeders.

An increasing number of pounds and shelters will not release animals to academic or research institutions. Class B dealers are an alternative source for acquisition of outbred/mongrel animals in areas in which research specimens cannot be obtained from a pound or shelter.

S. 714, the Pet Safety and Protection Act of 2007, was introduced by Senator Daniel K. Akaka (D-HI) on February 28, 2007. The bill would amend 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 increase monetary penalties for related violations and would expressly 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. The bill would also prohibit dealers from selling to or otherwise providing a research facility with random-source dogs or cats unless specified certification requirements were met. S. 714 is similar to bills introduced by Senator Akaka in 1996, 1999, 2001, 2004, and 2005.

H.R. 1280, a companion measure, was introduced by Representative Mike Doyle (D-PA) on March 1.

Provisions of the Legislation/Impact on NIH

The legislation would amend the Animal Welfare Act to specify how a research facility may obtain dogs and cats for research or educational purposes. The bills specify 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 be fined $1,000 for each violation.

The National Institutes of Health does not determine the animal models used in the biomedical research that it funds. Animal models are determined by the investigator in order to ensure that the research objectives are met. For some research (e.g., aging, genetic, cardiovascular, renal studies), outbred/mongrel dogs and cats are described as being more representative and better models for human and animal disease than their inbred correlates.

Status and Outlook

S. 714 was introduced by Senator Akaka on February 28, 2007, and was referred to the Senate Committee on Agriculture, Nutrition and Forestry. No further action has occurred on this legislation.

H.R. 1280 was introduced by Representative Doyle on March 1, 2007, and was referred to the House Committee on Agriculture. No further action has occurred on this legislation.