BILL NUMBER: SB 1357 CHAPTERED 09/19/02 CHAPTER 710 FILED WITH SECRETARY OF STATE SEPTEMBER 19, 2002 APPROVED BY GOVERNOR SEPTEMBER 19, 2002 PASSED THE SENATE AUGUST 30, 2002 PASSED THE ASSEMBLY AUGUST 23, 2002 AMENDED IN ASSEMBLY AUGUST 16, 2002 AMENDED IN ASSEMBLY JUNE 12, 2002 AMENDED IN SENATE MAY 1, 2002 AMENDED IN SENATE APRIL 18, 2002 INTRODUCED BY Senator Vincent FEBRUARY 6, 2002 An act to amend Section 597l of the Penal Code, relating to pet shops. LEGISLATIVE COUNSEL'S DIGEST SB 1357, Vincent. Pet shops. Under existing law, a pet shop operator must carry out specified duties with respect to the care, sale, trade, and adoption of pet animals. A pet shop operator's failure to carry out these duties is punishable by a fine of not to exceed $1,000, or by imprisonment in the county jail for not more than 90 days, or by both the fine and imprisonment. This bill would require private or public retail sellers of pet animals to provide buyers with written recommendations for the generally accepted care of the class of pet animal sold. It would specify that sellers shall not be liable for damages caused by erroneous information in material provided by 3rd parties unless sellers fail to exercise ordinary care. This bill would also provide that charges brought against a seller of pet animals who violates these provisions may be dismissed if proof of compliance is shown, as specified. This bill would provide that second or subsequent violations shall be infractions punishable by a fine. By creating a new crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 597l of the Penal Code is amended to read: 597l. (a) It shall be unlawful for any person who operates a pet shop to fail to do all of the following: (1) Maintain the facilities used for the keeping of pet animals in a sanitary condition. (2) Provide proper heating and ventilation for the facilities used for the keeping of pet animals. (3) Provide adequate nutrition for, and humane care and treatment of, all pet animals under his or her care and control. (4) Take reasonable care to release for sale, trade, or adoption only those pet animals that are free of disease or injuries. (5) Provide adequate space appropriate to the size, weight and specie of pet animals. (b) (1) Sellers of pet animals shall provide buyers of a pet animal with general written recommendations for the generally accepted care of the class of pet animal sold including recommendations as to the housing, equipment, cleaning, environment, and feeding of the animal. This written information shall be in a form determined by the sellers of pet animals and may include references to Web sites, books, pamphlets, videos, and compact discs. (2) If a seller of pet animals distributes material prepared by a third party, the seller shall not be liable for damages caused by any erroneous information in that material unless a reasonable person exercising ordinary care should have known of the error causing the damage. (3) This subdivision shall apply to any private or public retail business that sells pet animals to the public and is required to possess a permit pursuant to Section 6066 of the Revenue and Taxation Code. (4) Charges brought against a seller of pet animals for a first violation of the provisions of this subdivision shall be dismissed if the person charged produces in court satisfactory proof of compliance. A second or subsequent violation is an infraction punishable by a fine not to exceed two hundred fifty dollars ($250). (c) As used in this section, the following terms have the following meanings: (1) "Pet animals" means dogs, cats, monkeys, and other primates, rabbits, birds, guinea pigs, hamsters, mice, snakes, iguanas, turtles, and any other species of animal sold or retained for the purpose of being kept as a household pet. (2) "Pet shop" means every place or premises where pet animals are kept for the purpose of either wholesale or retail sale. "Pet shop" does not include any place or premises where pet animals are occasionally sold. (d) Any person who violates any provision of subdivision (a) is guilty of a misdemeanor and is punishable by a fine of not to exceed one thousand dollars ($1,000), or by imprisonment in the county jail for not more than 90 days, or by both that fine and imprisonment. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.