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.
(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.
END
