H.R. 8627

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8627 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 8627

To improve honesty in pet sales, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

April 30, 2026

Ms. Ross (for herself and Mr. Buchanan) introduced the following bill; 
which was referred to the Committee on Agriculture, and in addition to 
the Committee on Energy and Commerce, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

A BILL

To improve honesty in pet sales, and for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Petfax Act of 2026''.

SEC. 2. PROVISION OF INFORMATION TO PURCHASERS OF DOGS AND CATS.

(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal 
Trade Commission.
(2) Covered dog or cat.--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).
(3) Covered seller.--
(A) In general.--The term ``covered seller'' 
means--
(i) a dealer;
(ii) a retail pet store; and
(iii) 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.
(B) Exclusion.--The term ``covered seller'' does 
not include--
(i) a public animal shelter; or
(ii) an organization--
(I) 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
(II) that is involved in bona fide 
animal adoption or rescue activities.
(4) Dealer.--The term ``dealer'' has the meaning given the 
term in section 2 of the Animal Welfare Act (7 U.S.C. 2132).
(5) Financial consideration.--The term ``financial 
consideration'' means any payment, including a donation, but 
does not include--
(A) a payment made to a public animal shelter; or
(B) a payment that is made solely to reimburse a 
person for the costs of caring for a dog or cat.
(6) Purchaser.--The term ``purchaser'' means a person 
that--
(A) is not a dealer; and
(B) purchases a covered dog or cat.
(b) Requirement.--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--
(1) information relating to the source of the covered dog 
or cat, including--
(A) the name, address, telephone number, and 
Department of Agriculture license or registration 
number (if such a number exists) of--
(i) the dealer that bred and raised the 
covered dog or cat, and--
(I) the number of dogs and cats 
bred by such dealer during the prior 2 
years; and
(II) the number of dogs and cats 
sold by such dealer during the prior 2 
years;
(ii) the covered seller that acquired the 
covered dog or cat from the dealer described in 
clause (i), if any; and
(iii) each covered seller that acquired the 
covered dog or cat thereafter, if any; and
(B) 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
(2) information relating to the health history of the 
covered dog or cat, including--
(A) the date of birth of covered dog or cat;
(B)(i) if the covered dog or cat has received 
individual examinations by a licensed veterinarian--
(I) the most recent date on which the 
covered cat or dog received an individual 
examination by a licensed veterinarian; and
(II) the name, address, telephone number, 
and State license number (if such a number 
exists) of the licensed veterinarian described 
in subclause (I); or
(ii) 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
(C) a list of--
(i) each vaccine administered to the 
covered dog or cat;
(ii) each congenital deformity, disease, 
disorder, or condition that the covered seller 
knows, or should reasonably know, affects the 
covered dog or cat; and
(iii) each infectious disease, disorder, or 
condition that the covered seller knows, or 
should reasonably know, affects the covered dog 
or cat.
(c) Transfers.--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).
(d) Application to Non-Profit Sellers.--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--
(1) the fact that such organization acquired such dog or 
cat in exchange for financial consideration and the amount of 
such consideration; and
(2) the name of the person from which the organization 
acquired such dog or cat (if known to the organization).
(e) Regulations.--
(1) In general.--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.
(2) Requirements.--The regulations under paragraph (1) 
shall--
(A) 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
(B) 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.
(f) Effect.--Nothing in this section shall preempt any State or 
local law.

SEC. 3. UNFAIR OR DECEPTIVE ACTS OR PRACTICES WITH RESPECT TO THE SALE 
OF ANIMALS FOR USE AS PETS.

(a) Definitions.--In this section:
(1) Commission; covered seller.--The terms ``Commission'' 
and ``covered seller'' have the meanings given those terms in 
section 2.
(2) High-volume breeder.--The term ``high-volume breeder'' 
means any person that--
(A) is engaged in the breeding of dogs or cats; and
(B)(i) is required to be licensed as a dealer under 
section 3 of the Animal Welfare Act (7 U.S.C. 2133);
(ii) keeps on the premises of the person not fewer 
than 4 breeding dogs or cats; or
(iii) during a 1-year period, sells not fewer than 
25 dogs or cats that were bred on the premises of the 
person.
(b) Unlawful Activity.--
(1) In general.--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.
(2) Misrepresentations relating to the source of dogs and 
cats.--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) a high-volume breeder bred the dog or cat; or
(B) the covered seller acquired the dog or cat from 
a high-volume breeder.
(3) Violation of requirement to provide certain 
information.--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.
(c) Enforcement by the Commission.--
(1) In general.--This section shall be enforced by the 
Commission under the Federal Trade Commission Act (15 U.S.C. 41 
et seq.).
(2) Unfair or deceptive acts or practices.--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)).
(3) Actions by the commission.--
(A) In general.--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.
(B) Privileges and immunities.--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.).
(d) Effect.--
(1) Authority preserved.--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.
(2) Preemption.--Nothing in this section shall preempt any 
State or local law.

SEC. 4. PROHIBITION ON ISSUING LICENSES TO CERTAIN PERSONS AS A RESULT 
OF LICENSE REVOCATION.

(a) Definition of Immediate Family Member.--Section 2 of the Animal 
Welfare Act (7 U.S.C. 2132) is amended by adding at the end the 
following:
``(p) The term `immediate family member' means, with respect to a 
dealer--
``(1) a spouse, domestic partner, child, parent, brother, 
sister, grandparent, or grandchild of the dealer; and
``(2) a spouse or domestic partner of a child, parent, 
brother, sister, grandparent, or grandchild of the dealer.''.
(b) Prohibition on Issuing Licenses to Certain Persons as a Result 
of License Revocation.--Section 3 of the Animal Welfare Act (7 U.S.C. 
2133) is amended--
(1) by striking the section designation and all that 
follows through ``The Secretary shall'' and inserting the 
following:

``SEC. 3. LICENSES.

``(a) In General.--The Secretary shall'';
(2) in subsection (a) (as so designated), in the first 
sentence, in the first proviso--
(A) by inserting ``or renewed'' after ``issued''; 
and
(B) by striking ``demonstrated that his 
facilities'' and inserting ``demonstrated through 
facility inspection that the facilities''; and
(3) by adding at the end the following:
``(b) Prohibition on Issuing Licenses to Certain Persons as a 
Result of License Suspension or Revocation.--
``(1) In general.--The Secretary shall not issue or renew a 
license for the purpose of being a dealer of dogs or cats to a 
person who is an immediate family member of, or who resides at 
the same address of, a dealer of dogs or cats if--
``(A) the license is for purposes of operating a 
facility for dogs or cats at a location that the dealer 
has used as a facility for dogs or cats; and
``(B) within the last 10 years, a license of that 
dealer has been suspended after notice and opportunity 
for hearing or revoked pursuant to section 19(a).
``(2) Exception.--Paragraph (1) shall not apply to a person 
described in that paragraph if that person shows by clear and 
convincing evidence that a dealer described in that paragraph--
``(A) will have no ownership interest in the 
facility for which that person seeks a license;
``(B) will play no role in the care of dogs or cats 
at the facility; and
``(C) will play no role in the management of the 
facility.
``(c) Prohibition on Issuing Licenses to Certain Legal Entities as 
a Result of License Suspension or Revocation.--
``(1) In general.--The Secretary shall not issue or renew a 
license for the purpose of being a dealer of dogs or cats to 
any person that is a partnership, firm, joint stock company, 
corporation, association, trust, estate, or other legal entity 
if any person who holds an ownership interest in the 
partnership, firm, joint stock company, corporation, 
association, trust, estate, or other legal entity--
``(A) previously held a license for purposes of 
operating a facility for dogs or cats at the same 
address of the facility for which the license is being 
sought; and
``(B) within the last 10 years, that license has 
been suspended after notice and opportunity for hearing 
or revoked pursuant to section 19(a).
``(2) Exception.--Paragraph (1) shall not apply to a person 
seeking the issuance or renewal of a license described in that 
paragraph if that person shows by clear and convincing evidence 
that a person who previously held a license for purposes of 
operating a facility for dogs or cats described in subparagraph 
(A) of that paragraph--
``(A) will play no role in the care of dogs or cats 
at the facility; and
``(B) will play no role in the management of the 
facility.
``(d) 10-Year Bar for Suspension or Revocation of a License of a 
Dealer of Dogs or Cats.--The Secretary shall not issue or renew a 
license for the purpose of being a dealer of dogs or cats to a person 
if--
``(1) within the last 10 years, a license for the purpose 
of being a dealer of dogs or cats of that person has been 
suspended after notice and opportunity for hearing or revoked 
pursuant to section 19(a); and
``(2) the license is for purposes of operating a facility 
for dogs or cats at a location that the person has used as a 
facility for dogs or cats.''.
(c) Revocation of Improperly Granted Licenses.--Section 19 of the 
Animal Welfare Act (7 U.S.C. 2149) is amended by adding at the end the 
following:
``(e) Revocation of Improperly Granted Licenses.--The Secretary 
shall revoke a license issued after the date of enactment of this 
subsection if the Secretary subsequently determines that, at the time 
of issuance, the issuance of the license violated section 3.''.
(d) Regulations.--
(1) In general.--The Secretary of Agriculture may prescribe 
such regulations as the Secretary of Agriculture determines to 
be necessary to implement the amendments made by this section.
(2) Deadline.--Any regulations under paragraph (1) shall be 
prescribed not later than 1 year after the date of enactment of 
this Act.
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