(a)Temporary license suspension; notice and hearing; revocation
(b)Civil penalties for violation of any section, etc.; separate offenses; notice and hearing; appeal; considerations in assessing penalty; compromise of penalty; civil action by Attorney General for failure to pay penalty; district court jurisdiction; failure to obey cease and desist order
(c)Appeal of final order by aggrieved person; limitations; exclusive jurisdiction of United States Courts of Appeals
(d)Criminal penalties for violation; initial prosecution brought before United States magistrate judges; conduct of prosecution by attorneys of United States Department of Agriculture
(g) The term "animal" means any live or dead dog, cat, monkey (nonhuman primate mammal), guinea pig, hamster, rabbit, sentient being, or such other warm-blooded animal, as the Secretary may determine is being used, or is intended for use, for research, testing, experimentation, or exhibition purposes, or as a pet; but such term excludes (1) birds, rats of the genus…
The bill says: Section 2(g) of the Animal Welfare Act (7 U.S.C. 2132(g)) is amended by inserting "sentient being," after "rabbit,".
(p)(1) The term sentient being means a domesticated mammal customarily kept as a household companion, including dogs, cats, and rabbits.(2) Such term does not include livestock, poultry, reptiles, amphibians, fish, insects, and arachnids.(q) The term boarding facility means a commercial establishment that houses companion animals overnight for compensation.(r) The term daycare operation means a commercial establishment that supervises companion animals during daytime hours for compensation.(s) The term training facility means a commercial establishment that provides behavioral or obedience training services for companion animals for compensation.(t) The term commercial pet facility means a facility that provides, with respect to sentient beings, one or more of the following services:(1) Boarding.(2) Daycare.(3) Training.(4) Grooming.(5) Overnight care.(6) Any other commercial service in which a companion animal is held or cared for in exchange for compensation.
The bill says: Section 2 of the Animal Welfare Act (7 U.S.C. 2132) is amended by adding at the end the following:
(e)(1) An owner of a sentient being who suffers harm or neglect or dies while held or cared for by a commercial pet facility may bring an action in the appropriate Federal court and recover the damages suffered, court costs, and reasonable attorneys fees and expenses.(2) An entity described in subparagraph (A) or (B) of section 28(a)(2) shall be considered a commercial pet facility for purposes of applying paragraph (1) in any case in which such entity is convicted for the euthanization of a sentient being that is conducted in violation of the laws of the State or locality in which such entity is located.(3) In this subsection, the term ‘damages suffered’ means the economic and noneconomic damages arising from the harm, neglect, or death of a sentient being, including veterinary expenses, replacement value, the sentient being’s pain and suffering, and the owner’s emotional distress, as determined by the Federal court in which an action under paragraph (1) is brought and in such amounts as may be determined by such court.
The bill says: Section 19 of the Animal Welfare Act (7 U.S.C. 2149) is amended by adding at the end the following: