Sec. 2. Provision of information to purchasers of dogs and cats
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In this section: The term Commission means the Federal Trade Commission. 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 3 of the Animal Welfare Act ( 7 U.S.C. 2133 ). The term covered seller means— a dealer; a retail pet store; and any other person that sells, or offers for sale, dogs or cats, including through the internet, for compensation or profit other than on an intermittent basis. The term covered seller does not include— a public animal shelter; or an organization— described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code; and that is involved in bona fide animal adoption or rescue activities.
The term dealer has the meaning given the term in section 2 of the Animal Welfare Act ( 7 U.S.C. 2132 ). The term financial consideration means any payment, including a donation, but does not include— a payment made to a public animal shelter; or a payment that is made solely to reimburse a person for the costs of caring for a dog or cat. The term purchaser means a person that— is not a dealer; and purchases a covered dog or cat. A covered seller may not sell, or offer for sale, a covered dog or cat, including through the internet, unless, before the purchase of the covered dog or cat, the covered seller provides to the purchaser, in a form prescribed by the Commission— information relating to the source of the covered dog or cat, including— the name, address, telephone number, and Department of Agriculture license or registration number (if such a number exists) of— the dealer that bred and raised the covered dog or cat, and— the number of dogs and cats bred by such dealer during the prior 2 years; and the number of dogs and cats sold by such dealer during the prior 2 years; the covered seller that acquired the covered dog or cat from the dealer described in clause (i), if any; and each covered seller that acquired the covered dog or cat thereafter, if any; and a listing and description of each violation of the Animal Welfare Act ( 7 U.S.C. 2131 et seq. ), if any, during the prior 2 years by each dealer and covered seller described in clauses (i), (ii), and
(iii)of subparagraph (A), as applicable; and information relating to the health history of the covered dog or cat, including— the date of birth of covered dog or cat; if the covered dog or cat has received individual examinations by a licensed veterinarian— the most recent date on which the covered cat or dog received an individual examination by a licensed veterinarian; and the name, address, telephone number, and State license number (if such a number exists) of the licensed veterinarian described in subclause (I); or if the covered dog or cat has not received an individual examination by a licensed veterinarian, a statement that the covered dog or cat has not received an examination by a licensed veterinarian; and a list of— each vaccine administered to the covered dog or cat; each congenital deformity, disease, disorder, or condition that the covered seller knows, or should reasonably know, affects the covered dog or cat; and each infectious disease, disorder, or condition that the covered seller knows, or should reasonably know, affects the covered dog or cat. 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 (b). Any organization described in subsection (a)(3)(B)(ii) 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— the fact that such organization acquired such dog or cat in exchange for financial consideration and the amount of such consideration; and the name of the person from which the organization acquired such dog or cat (if known to the organization). Not later than 180 days after the date of enactment of this Act, the Commission shall promulgate regulations under section 553 of title 5, United States Code, to carry out this section. The regulations under paragraph
(1)shall— include the manner and method by which the information described in subsection
(b)may be provided to a potential purchaser under that subsection, or to another covered seller under subsection (c), as applicable, to comply with this section; and provide that a covered seller that uses a different manner or method than the manner and method described in subparagraph
(A)to provide the information described in subsection
(b)to a potential purchaser under that subsection, or to another covered seller under subsection (c), as applicable, may not be determined to be in noncompliance with this section solely because of the manner and method used. Nothing in this section shall preempt any State or local law.
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