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.

1. Adds TITLE __--DOMESTIC PET TURTLE MARKET ACCESS at the end of the bill

   Adds a title

   In S. 1082 · Reported to Senate

   If any provision of this Act, an amendment made this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any person or circumstances shall not be affected thereby. Amend the title so as to read: "To amend the Federal Food, Drug, and Cosmetic Act and the Public Health Service Act to reauthorize drug and device user fees and ensure the safety of medical products, and for other purposes.".

   Inserted: TITLE __--DOMESTIC PET TURTLE MARKET ACCESS

   Inserted: SEC. __. SHORT TITLE.

   Inserted: This title may be cited as the "Domestic Pet Turtle Market Access Act of 2007".

   Inserted: SEC. __. FINDINGS.

   Inserted: Congress makes the following findings:

   Inserted: (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.

   Inserted: (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.

   Inserted: (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 poisoning, and the seriousness associated with salmonella poisoning.

   Inserted: (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.

   Inserted: (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.

   Inserted: (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 these turtles for salmonella.

   Inserted: SEC. __. SALE OF BABY TURTLES.

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   Inserted: Notwithstanding any other provision of law, the Food and Drug Administration shall not restrict the sale by a turtle farmer, or wholesaler commercial retail seller of a turtle that is less than 10.2 centimeters in diameter as a pet if--

   Inserted: (1) the State or territory in which such farmer is located has developed a regulatory process by which pet turtle farmers are required to have a State license to breed, hatch, propagate, raise, grow, receive, ship, transport, export, or sell pet turtles or pet turtle eggs;

   Inserted: (2) such State or territory requires certification of sanitization that is signed by a veterinarian who is licensed in the State or territory, and approved by the State or territory agency in charge of regulating the sale of pet turtles;

   Inserted: (3) the certification of sanitization requires each turtle to be sanitized or treated for diseases, including salmonella, and is dependant upon using the Siebeling method, or other such proven method, which uses an antibiotic to make the turtle salmonella-free; and

   Inserted: (4) the turtle farmer or commercial retail seller includes, with the sale of such a turtle, a disclosure to the buyer that includes--

   Inserted: (A) information regarding--

   Inserted: (i) the possibility that salmonella can re-colonize in turtles;

   Inserted: (ii) the dangers, including possible severe illness or death, especially for at-risk people who may be susceptible to salmonella poisoning, 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;

   Inserted: (iii) the proper handling of the turtle, including an explanation of proper hygiene such as handwashing after handling a turtle; and

   Inserted: (iv) the proven methods of treatment that, if properly applied, keep the turtle safe from salmonella;

   Inserted: (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

   Inserted: (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.

   Inserted: (b) FDA Review of State Protections.--

   Inserted: The Food and Drug Administration may, after providing an opportunity for the affected State to respond, restrict the sale of a turtle only if the Secretary of Health and Human Services determines, that the actual implementation State health protections described in subsection (a) are insufficient to protect consumers against infectious diseases acquired from such turtles at the time of sale.

   Original wording

   At the end of the bill, add the following:

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As printed