[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 924 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 924
To require the Food and Drug Administration to permit the sale of baby
turtles as pets so long as the seller uses proven methods to
effectively treat salmonella.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 8, 2007
Mr. Alexander (for himself, Mr. Baker, Mr. McCrery, Mr. Boustany, Mr.
Jindal, Mr. Jefferson, and Mr. Melancon) introduced the following bill;
which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To require the Food and Drug Administration to permit the sale of baby
turtles as pets so long as the seller uses proven methods to
effectively treat salmonella.
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 ``Domestic Pet Turtle Market Access
Act of 2007''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Pet turtles less than 10.2 centimeters in diameter have
been banned for sale in the United States by the Food and Drug
Administration since 1975 due to health concerns.
(2) The Food and Drug Administration does not ban the sale
of iguanas or other lizards, snakes, frogs, or other amphibians
or reptiles that are sold as pets in the United States that
also carry salmonella bacteria. The Food and Drug
Administration also does not require that these animals be
treated for salmonella bacteria before being sold as pets.
(3) The technology to treat turtles for salmonella, and
make them safe for sale, has greatly advanced since 1975.
Treatments exist that can nearly eradicate salmonella from
turtles, and individuals are more aware of the causes of
salmonella, how to treat salmonella bacteria, and the
seriousness associated with salmonella bacteria.
(4) University research has shown that these turtles can be
treated in such a way that they can be raised, shipped, and
distributed without having a recolonization of salmonella.
(5) University research has also shown that pet owners can
be equipped with a treatment regiment that allows the turtle to
be maintained safe from salmonella.
(6) The Food and Drug Administration should allow the sale
of turtles less than 10.2 centimeters in diameter as pets as
long as the sellers are required to use proven methods to treat
the turtles for salmonella and maintain a safe pet.
SEC. 3. SALE OF BABY TURTLES.
(a) In General.--Notwithstanding any other provision of law, the
Food and Drug Administration shall not restrict the sale by a turtle
farmer or other commercial retail seller of a turtle that is less than
10.2 centimeters in diameter as a pet if--
(1) the turtle is raised, shipped, and sold using methods
that are proven to keep the turtle free of salmonella, using
salmonella safety standards that are comparable to such
standards relating to other animals, including reptiles and
amphibians, that are allowed for sale as pets, or animal
products that are allowed for sale as food products;
(2) the Administration has approved a plan submitted by the
turtle farmer or commercial retail seller involved relating to
compliance with paragraph (1); and
(3) the farmer or other commercial retail seller includes,
with the sale of such a turtle, a disclosure to the buyer that
includes--
(A) information regarding--
(i) the dangers, including possible severe
illness or death, especially for at-risk people
who may be susceptible to salmonella bacteria,
such as children, pregnant women, and others
who may have weak immune systems, that could
result if the turtle is not properly handled
and safely maintained;
(ii) the proper handling of the turtle,
including an explanation of proper hygiene such
as handwashing after handling a turtle; and
(iii) the proven methods of treatment that,
if properly applied, keep the turtle safe from
salmonella;
(B) a detailed explanation of how to properly treat
the turtle to keep it safe from salmonella, using the
proven methods of treatment referred to under
subparagraph (A), and how the buyer can continue to
purchase the tools, treatments, or any other required
item to continually treat the turtle; and
(C) a statement that buyers of pet turtles should
not abandon the turtle or abandon it outside, as the
turtle may become an invasive species to the local
community, but should instead return them to a
commercial retail pet seller or other organization that
would accept turtles no longer wanted as pets.
(b) Plan.--
(1) In general.--A turtle farmer or other commercial seller
that desires to sell a turtle as provided for under subsection
(a) shall submit a plan to the Food and Drug Administration
that details the manner in which the farmer or seller will
ensure compliance with the requirements of subsection (a)(1)
with respect to the turtles involved. The plan shall include
use of non-antibiotic compounds that suppress or eliminate the
presence of salmonella in turtle hatchlings.
(2) Action by fda.--Not later than 30 days after the date
on which the Food and Drug Administration receives a plan under
paragraph (1), the Administration shall accept or reject such
plan. If such plan is rejected, the Administration shall
provide clear, specific guidance on the reasons for such
rejection. The Administration may only reject such a plan if it
is determined that the plan fails to achieve the same
salmonella safety standards as such standards relating to other
animals, including reptiles and amphibians, that are allowed
for sale as pets, or animal products that are allowed for sale
as food products.
(c) Rule of Construction.--Nothing in this section shall be
construed to permit the Food and Drug Administration to hold the sale
of turtles less than 10.2 centimeters in diameter as a pet to any
greater salmonella safety standard applicable to other reptiles or
amphibians sold as pets, animals sold as pets, or food products
regulated by such Administration.
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