What is the Puppy Protection Act?

The Puppy Protection Act of 2021 (H.R. 2840) is a bill that was introduced on April 26, 2021 by Senator Richard Durbin of Illinois, and Representatives Brian Fitzpatric of Pennsylvania, Charlie Crist of Florida, Guy Reschenthaler of Pennsylvania and Jim McGovern of Massachusetts, and is currently under review in the House of Representatives. 

The bill imposes requirements in terms of housing, nutrition, access to water, exercise, socialization, veterinary care, breeding practices and placement for retired breeding dogs for breeders who are subject to USDA licensing. Check out the rest of this article for a deep-dive into what the bill requires and who might be affected.

The regulation applies only to USDA licensed breeders

The legislation applies only to breeders who are subject to USDA licensing, meaning breeders who:

• (1) have more than four “breeding females” (a term that is undefined but generally considered to mean an intact female) and
• (2) sell or transfer the offspring “sight unseen”

If you are a dog breeder that is not subject to USDA licensing in accordance with the above requirements, the regulation would not apply to your breeding program.

A step by step explanation of the bill’s requirements

Requirements on Dog Breeding Practices

The bill includes a number of requirements for “safe breeding practices,” which are defined to include:

• A screening program for known prevalent inheritable diseases; 
• A requirement that each dog bred be screened by a veterinarian prior to each attempted breeding and receive documentation that such dog is free from health conditions that could be disabling or affect the lifespan or quality of life of the mother or her offspring; 
• A requirement that all C-sections be performed by a licensed veterinarian; and
• A requirement that breeders make all reasonable efforts to find a “humane” placement for retired breeding dogs. Humane placement is explained to include adoptive families, rescue organizations or appropriate owners that will not sell or otherwise place the retired breeding dog for breeding purposes.

In addition the bill prohibits breeding in the following circumstances:

• Breeding more than two litters in any 18-month period or more than 6 litters in a dog’s lifetime;
• For female dogs of small breeds (less than 40 pounds at maturity) until they are 18 months old and after they are 9 years old; and
• For female dogs of large breeds (40 pounds or more at maturity) until they are 2 years old and after they are 7 years old.  

Requirements for Housing Dogs

The bill requires that breeders provide “adequate housing for dogs” (these requirements pertain to primary housing, i.e., kennel housed dogs, and are not relevant to dogs whose primary housing is in the home) including:

• Completely solid flooring;
• Indoor space that is sufficient to allow the tallest dog in an enclosure to stand on his or her hind legs without touching the roof of the enclosure;
• Enclosures that are not stacked or place on top of one another;
• Temperature control for the indoor part of the enclosure that (1) is appropriate for the age, breed and condition of the dogs in the enclosure and (2) is between 45 and 85 degree Fahrenheit when the dogs are in the enclosure; and
• Primary enclosures for dogs that are over 8 weeks old that provide (1) 12 square feet of indoor floor space for each dog up to 25 inches, (2) 20 square feet of indoor floor space for each dog between 25 and 35 inches and (3) 30 square feet of indoor space for each dog that is 35 inches or longers. The length of each dog should be measured from the tip of the dog’s nose to the base of the dog’s tail.

The bill also requires that dogs be housed with other dogs unless health or behavioral issues make group housing unsafe.

Requirements for Nutrition & Access to Water

The bill requires that each dog receive:

• appropriate and nutritious food that is sufficient to maintain the dog’s good health and physical condition; and
• access to potable water that is not frozen and is free of contaminants.

Requirements for Exercise, Socialization & Veterinary Care

The bill requires that each dog have:

• “Adequate exercise” including for dogs that are over 12 weeks old, unrestricted access from their primary enclosures during daylight hours to an outdoor exercise area that is (1) at ground level, (2) a solid surface, (3) enclosed (by a fence or other structure), (4) properly controlled for the safety of the dogs and (5) allows the dog to extend to full stride. There is an exception to this requirement if a USDA licensed breeder has obtained a certification from a veterinarian stating that a dog should not have unfettered access to an outdoor exercise area for a specific medical reason; 
• “Meaningful socialization” with humans and compatible dogs for at least 30 minutes each day including positive interactions with humans (e.g., petting, playing, grooming) and explicitly excluding time spent in veterinary care; and
• “Adequate veterinary care” including (1) prompt treatment for any disease, illness or injury, (2) a thorough annual examination that includes a dental exam, (3) core vaccinations and (4) medications to prevent intestinal parasites, heartworm disease, fleas, and ticks that are approved by a licensed veterinarian for canine use. 

What you can do!

We recognize dog breeders are the experts when it comes to your dogs and responsible breeding practices, and encourage you to contact your members of Congress to share your thoughts on The Puppy Protection Act. It is critical that our lawmakers hear from you. Your unique perspectives and experiences as dog breeders can help lawmakers make informed decisions that are reflective of YOUR voices.