Sec. 3. Unfair or deceptive acts or practices with respect to the sale of animals for use as pets
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In this section: The terms Commission and covered seller have the meanings given those terms in section 2. The term high-volume breeder means any person that— is engaged in the breeding of dogs or cats; and is required to be licensed as a dealer under section 3 of the Animal Welfare Act ( 7 U.S.C. 2133 ); keeps on the premises of the person not fewer than 4 breeding dogs or cats; or during a 1-year period, sells not fewer than 25 dogs or cats that were bred on the premises of the person. 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 pet. It is a violation of paragraph
(1)for a covered seller, in selling, or negotiating the purchase or sale of, a dog or cat, to misrepresent where the dog or cat was bred or the source from which the covered seller acquired the dog or cat, including by misrepresenting whether— a high-volume breeder bred the dog or cat; or the covered seller acquired the dog or cat from a high-volume breeder. It is a violation of paragraph
(1)for a covered seller to sell a dog or cat in violation of section 2 on or after the date that is 60 days after the date on which the Commission promulgates regulations under subsection (e)(1) of that section. This section shall be enforced by the Commission under the Federal Trade Commission Act ( 15 U.S.C. 41 et seq.). 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 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). The Commission shall prevent any person from violating this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq.) were incorporated into and made a part of this section. 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 ( 15 U.S.C. 41 et seq.). Nothing in this section shall be construed to limit the authority of the Commission, the Secretary of Commerce, or the Secretary of Agriculture under any other provision of law. Nothing in this section shall preempt any State or local law.
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Sec. 3
Unfair or deceptive acts or practices with respect to the sale of animals for use as pets
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