BILL ANALYSIS
AB 1336
Page 1
Date of Hearing: May 8, 2001
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Lou Correa, Chair
AB 1336 (Koretz) - As Amended: April 18, 2001
SUBJECT : Pet shops: spay and neuter.
SUMMARY : Imposes a mandatory spay or neuter requirement for
dogs and cats sold in pet stores. Specifically, this bill :
1)Prohibits pet stores from selling, adopting out, transferring,
or giving away a dog or cat of any age without first having it
spayed or neutered.
2)Requires pet stores to utilize licensed veterinarians to
perform the spay or neuter procedure.
3)Requires pet stores to give a potential owner or purchaser
written proof of spay or neuter.
4)Requires that an ill dog or cat may not be spayed or neutered.
5)Requires pet stores to hold animals for 24 hours following the
spay/neuter procedure or until a licensed veterinarian has
declared the animal fully recovered from the surgery and fit
to be sold, adopted, transferred, or given away.
EXISTING LAW :
1)Requires pet dealers to deliver to the purchaser of a dog or
cat, at the time of purchase, a written statement containing
standardized information prescribed by the Department of
Consumer Affairs.
2)Requires pet dealers to maintain records of health, status and
disposition of each dog and cat for a period of not less than
one year after the sale or transfer of the animal.
3)Requires that a pet dealer may not be in possession of a dog
that is less than eight weeks old.
4)Requires pet dealers that sell dogs to provide the purchaser,
at the time of sale, and a prospective purchaser upon request,
with a written notice of his or her rights, " Statement of
AB 1336
Page 2
California Law Governing the Sale of Dogs."
FISCAL EFFECT : Unknown
COMMENTS :
According to the author, thousands of unwanted dogs and cats end
up in shelters every year. The vast majority of these animals
are destroyed and the financial burden of sheltering and
euthanizing these animals falls upon the taxpayers, the bulk of
whom do not have pets. A 1991 study revealed the tax burden for
animal control services in California to be $102 million.
According to proponents, a reduction in animal births is the
fair and humane solution for taxpayers.
According to the sponsor, an unspayed female cat, her mate and
all of their offspring (producing 2 litters per year, with 2.8
surviving kittens) can total 11,606,007 cats in only 9 years. A
pair of unaltered dogs and all of their puppies can add up to
67,000 dogs in 6 years. Although proponents of the bill
acknowledge that the bulk of California's pets are not purchased
in pet stores, the altering of dogs and cats sold in pet stores
can impact the state's pet over-population crisis.
According to the sponsor, most pet store puppies come from puppy
mills, where professional breeding practices are ignored and the
health of animals is compromised. Pet store animals have a
higher incidence of genetic disease than either mixed breeds or
those acquired from reputable breeders.
Opponents indicate that the spay/neuter of puppies and kittens
can cause serious problems because altering a dog at an early
age puts the animal at risk of Parvovirus, deficiencies in bone
and muscle development. Parvovirus is a decease that attacks
the intestinal track, white blood cells and, in some cases, the
heart muscle. Also, cats that are altered at an early age have
a higher tendency for developing urinary track problems that can
linger indefinitely.
According to the Pet Industry Joint Advisory Council (PIJAC),
the mandatory spay and neuter of dogs and cats sold in pet
stores penalizes the industry and does not address the true
source of sheltered animals. The American Pet Product
Manufacturers Association (APPMA), in order to ascertain the
volume of dogs and cats sold on a national scale, conducts a
AB 1336
Page 3
survey every two years. The most recent report showed that pet
stores account for 5% of the total cat population (compared to
40% acquired from friends/relatives) and 8% of dogs (compared to
34% from friends/relatives). Another study conducted by UC
Davis and the National Council on Pet Population and Policy
indicated that pet stores are a minor source of dogs and cats
relinquished to shelters. Therefore, according to opponents,
the bill will have virtually no impact on the shelter situation
while at the same time putting some animals in jeopardy and
adversely impacting retail pet stores that offer pets to the
public. PIJAC's opinion is that the public should be given a
choice, and have access to information about the benefits of
spay/neuter.
Opponents point out that most pet stores educate prospective
customers on the importance of spaying and neutering dogs and
cats and usually refer the customer to a reputable licensed
veterinarian that will do the procedure at a low cost.
SUPPORT IF AMENDED . The California Veterinary Medical
Association (CVMA) raises concerns regarding the implications of
requiring pet stores to hold ill dogs and cats until fit for
sale, adoption, or transfer and spay/neuter surgery. The CVMA
points out that a consumer should be allowed to purchase an ill
dog or cat as long as the illness is not detrimental to the
long-term health of the animal. CVMA suggests that the bill be
amended to remedy this issue.
Author's amendments will be offered in committee to remedy CVMA
concerns.
REGISTERED SUPPORT / OPPOSITION :
Support
Alpha Canine Sanctuary
American Society for the Prevention of Cruelty to Animals
Animal Friends of the Valleys
Animal Legislative Action Network (Sponsor)
Animal Protection Institute
Animal Rescue Foundation
Animal Shelter Assistance Program
Association of Veterinarians for Animal Rights
Barstow Humane Society
Better Options for Neglected Strays (BONES Pet Rescue)
AB 1336
Page 4
California Animal Control Directors' Association
California Federation for Animal Legislation
California Lobby For Animal Welfare
California Veterinary Medical Association (if amended)
Capistrano Animal Rescue Effort
Catalyst for Cats, Inc.
Center For Animal Protection And Education
City of Glendora Animal Control
City of Yucaipa
Concerned People for Animals, Inc.
Contra Costa Humane Society
Doctors for Kindness to Animals
Eileen Hawthorne Fund
Escondido Humane Society
Feral Cat Coalition
Fix Our Ferals
Foundation For The Care Of Indigent Animals
Friend of County Animal Shelters, San Diego
Friends of the Animals in the Redwood Empire
Fund For Animals
H.A.R.T/ Muttmatchers
Humane Education Network
Humane Society of the United States
I CARE-Inyo County Animal Resources & Education
In Defense of Animals
Laguna Beach Animal Shelter
Laguna Beach Feline Rescue
Lake Tahoe Humane Society & SPCA
Last Chance for Animals
Last Chance for Animals, San Diego Chapter
Los Angeles SPCA
National Cat Protection Society
North County Humane Society & SPCA
Ohlone Humane Society
Orange County People for Animals
Pasadena Humane Society & SPCA
People for the Ethical Treatment of Animals
Pet Savers Foundation, Inc.
Petaluma Pet Pals
Pets in Need
Rancho Coastal Humane Society
Sacramento Council of Dog Clubs
San Diego Animal Advocates
San Diego Humane Society & SPCA
San Francisco SPCA
AB 1336
Page 5
Santa Ana Police Chief: Paul Walters
Santa Barbara Humane Legislative Network
Santa Maria Valley Humane Society, Inc.
Seal Beach Animal Care
Senior Citizens for Humane Legislation
South Bay in Defense of Animals
Spay Neuter Action Project
Spay USA
SPCA of Monterey County
State Humane Association Network of California
The Ark Trust, Inc.
Town & Country Humane Society
United Animal Nations
Valley Humane Society, Inc.
We Care Animal Rescue
Individuals
Opposition
Animal House
Associated Obedience Clubs of Northern California
Belmont Pets & Launder Pet
Cat and Animal Rescue Association
Cat Fanciers' Association, Inc.
Central Pet
Century Veterinary Group
National Pet Alliance
Peggy Woods Pet Center, Inc.
Pet City
Pet Industry Joint Advisory Council (PIJAC)
Pet Love
Pet Lovers Protective League, Inc.
Pets and Grooming
Pet-Tech Products, LLC.
San Francisco Dog Training Club, Inc.
The Animal Council
The Pet Pantry
Tustin Ave. Veterinarian Hospital
Urban Pet Coalition
World Wide Pet Supply Association
Individuals
Analysis Prepared by : Chris L. Gallardo / B. & P. / (916)
319-3301