BILL NUMBER: AB 1347 AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 29, 2007 INTRODUCED BY Assembly Member Caballero FEBRUARY 23, 2007 An act to add Chapter 9 (commencing with Section 122350) to Part 6 of Division 105 of the Health and Safety Code, relating to pets. LEGISLATIVE COUNSEL'S DIGEST AB 1347, as amended, Caballero. Pet
Stores.Store Ani mal Care Act. Existing law regulates the sale of dogs and cats by breeders and retail outlets and the sale of birds. This bill would make findings and declarations regarding the necessity to establish standards of care for animals in pet stores.This bill would enact the Pet Store Animal Care Act, which would establish procedures for the care and maintenance of animals in the custody of a pet store, and would place limitations on the sale or transfer of those animals. This bill would make the violation of its provisions punishable as an infraction. By creating a new infraction, 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. Vote: majority. Appropriation: no. Fiscal committee: noyes . State-mandated local program: noyes . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature hereby finds and declares all of the following: (a) It is the intent of the Legislature to establish standards of care for animals in pet stores. (b) Standards of care for animals in pet stores are essential to ensure the humane treatment of the animals, safeguard the public, and are in the public interest. (c) The Legislature does not intend , by this act, to regulate the care or handling of animals in or on farms, ranches, livestock or horse auctions, livestock markets, slaughtering facilities, or any place other than pet stores. (d) The Legislature does not intend, by regulating pet stores, to classify as a pet store a person who breeds and sells animals directly to the public. SEC. 2. This chapter shall be known, and may be cited, as the Pet Store Animal Care Act. SEC. 3. Chapter 9 (commencing with Section 122350) is added to Part 6 of Division 105 of the Health and Safety Code , to read: CHAPTER 9. PET STORE ANIMAL CARE 122350. As used in this act, the following definitions apply: (a) "Adequate feeding" means supplying at suitable intervals a quantity of wholesome foodstuff appropriate for the species, age, size, and condition of the animal and sufficient to maintain the health and well-being of each animal. (b) "Adequate mobility" means the opportunity for the animal to move sufficiently to maintain normal health and well-being for the age, species, size, and condition of the animal. (c) "Adequate space" means sufficient height and sufficient floor space for the animals to stand up, sit down and turn about freely using normal body movements without the head touching the top of the primary enclosure; lie down with limbs outstretched and exercise normal postural movement, and move about freely as appropriate for the species, age, size, and condition of the animal, and when appropriate, to experience socialization with other animals in the primary enclosure, if any. However, when freedom of movement would endanger the animal, temporarily and appropriately restricting movement of the animal in a humane manner is permitted. (d) "Adequate veterinary care" means both of the following: (1) A documented program of disease control and prevention, euthanasia, and routine veterinary care established and maintained in consultation with a veterinarian, which must include a documented onsite visit to the pet store premises by that veterinarian or the attending veterinarian for that store at least once a year. (2) If applicable, any diseased, ill, or injured animals are provided with veterinary care as needed for the health and well-being of the animal. (e) "Adequate water" means potable water is supplied in a sanitary manner and is accessible to each animal appropriate for the species, age, size, and condition of the animal. (f) "Animal" means any nonhuman vertebrate species offered for sale or adoption in the pet store, including, but not limited to, mammals, birds, reptiles, amphibians, fish, and invertebrates sold or adopted as pets. (g) "Disposition" means the transfer of an animal from a pet store to another location, including the sale or adoption of the animal, the return of the animal to the person who supplied the animal to the pet store, or removal of any deceased animal from the pet store. (h) "Enrichment" means providing objects or activities, appropriate with the needs of the species, as well as the age, size, and condition of the animal, that stimulate the animal and promote the animal's well-being, including items such as toys, exercise wheels, chew sticks, nutritional treats, spray millet, hiding places, crawl tubes, hay, straw, shelters, nest boxes, burrowing substrate, and similar devices. (i) "Euthanasia" or "euthanize" means the humane destruction of an animal. (j) "Humane" means any action taken to minimize stress, pain, or discomfort of an animal. (k) "Impervious to moisture" means a surface that prevents the absorption of fluids and that can be thoroughly and repeatedly sanitized, will not retain odors, and from which fluids bead up and run off or can be removed without being absorbed into the surface material. (l) "Intact" means an animal that retains its sexual organs or ability to procreate and has not been sterilized. (m) "Person" means any individual, partnership, firm, joint-stock company, corporation, association, trust, estate, or other legal entity. (n) "Pet store" means a retail establishment open to the public and selling or offering animals for sale. The retail establishment must also sell or offer for sale pet-related foods or products. Any person who sells, exchanges, or otherwise transfers only animals that were bred or raised, or both, by the person, or sells or otherwise transfers only animals kept primarily for reproduction, shall be considered a breeder and not a pet store. (o) "Pet store operator" or "operator" means a person who owns or operates a pet store, or both. (p) "Primary enclosure" means any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, cage, aquarium, terrarium, habitat compartment or hutch, where the animal or animals reside until their sale, transfer, or other disposition. (q) "Rodent" means an animal of the order Rodentia, such as a guinea pig, rat, mouse, chinchilla, or hamster. (r) "Sanitize" means to make physically clean and to destroy, to the extent practical, agents injurious to health. (s) "Temporary enclosure" means a confined space used by the pet store to house an animal when the animal is not in its primary enclosure for a period not to exceed four consecutive hours. The temporary enclosure shall allow the animals to stand up, lie down, and turn around. Any enclosure used by the pet store to house an animal for longer than four hours shall meet the requirements of a primary enclosure. (t) "Time of sale" means the calendar date the retail purchaser removes the animal from the premises of the pet store following the retail sale of that animal. (u) "Transfer" means the release of an animal by its owner to another person by sale, gift, adoption, or other disposition of the animal at the time of the sale, gift, adoption, or other disposition of the animal, including the exchange of animals between pet stores. (v) "Veterinarian" means any person who is licensed by the State of California under Chapter 11 (commencing with Section 4800) of Division 2, or who is exempt from licensing requirements pursuant to Section 4827 of the Business and Professions Code. (w) "Veterinary treatment" means treatment by or at the direction of a veterinarian. 122351. Each pet store operator shall be responsible for all of the following: (a) Maintaining the entire pet store facility in good repair. (b) Protecting animals kept there from injury, restricting the entry of pests from outside, ensuring the containment of animals within the pet store, and, in the event that animals escape, being responsible for reporting this fact, as necessary, to local authorities and making a reasonable effort to capture the animals that escaped. (c) Ensuring that the pet store's interior building surfaces, including walls and floors, are constructed in a manner that permits them to be readily cleaned and maintained. (d) Ensuring that the temperature within an animal's primary enclosure are appropriate for the species, age, size, and condition of the animal. (e) Providing ventilation using fresh or filtered air to minimize drafts, odors, and moisture condensation, and to provide for the health of the animals. (f) Uniformly distributing light, by natural or artificial means, in a manner that permits routine inspection and cleaning, and the proper care and maintenance of the animals. (g) When dog or cat grooming services are offered by a pet store, separating the grooming work area from the store's primary animal enclosures, animal food storage areas, and isolation areas for housing sick animals. The grooming area shall be cleaned and maintained at least once daily. 122352. (a) Primary enclosures shall comply with all of the following structural standards: (1) Primary enclosures shall be structurally sound and maintained in good repair to protect the animals from injury, to contain the animals, to keep other animals out, and to promote the health and well-being of the enclosed animals. Primary enclosures shall be constructed so they can be routinely maintained to allow animals to stay clean and to provide access to clean food and water, as appropriate for the species, age, size, and condition of the animal. (2) The floor of the primary enclosure shall be constructed to prevent injury. A solid surface, platform, or shelf shall be provided when a grid-flooring system is used. (3) Primary enclosures shall be constructed of materials that are impervious to moisture and can be sanitized. (4) All primary enclosures shall provide adequate space and adequate mobility for the animal or animals housed in the enclosure. (5) Each primary enclosure shall provide animals with an enrichment device or devices appropriate for the species, age, size, and condition of the animal. (b) In addition to the requirements set forth in subdivision (a), primary enclosures for cats shall provide an elevated platform. (c) In addition to the requirements set forth in subdivision (a), primary enclosures for birds shall be designed to ensure all of the following: (1) A bird can fully extend both of its wings at the same time without contacting the sides of the enclosure. (2) Adequate perches are provided that are appropriate for the species, age, size, and condition of the bird, and for the size of the enclosure. (3) A bird has sufficient space to enable it to fully extend its wings in every direction while all birds are simultaneously perched. (d) Primary enclosures for prey species shall be located where they cannot be directly seen by predator animals for that species. 122353. (a) Primary enclosures shall be sanitized as often as is necessary to reasonably ensure against odors and the risk of adverse health impacts to the animals in the enclosure. (b) When the enclosure is being cleaned in a manner that is or may be harmful to the animals within the enclosure, those animals shall be removed from the enclosure. (c) Enclosures shall be observed at least once daily, and animal and food wastes, used bedding, debris, and any other organic wastes shall be removed as necessary to prevent contamination of the animals and to reduce disease hazards and odors. (d) Pest control measures shall be implemented to minimize infestation of vermin, insects, or other pests. 122354. (a) The pet store operator or at least one of his or her employees shall be present in the store at least once daily, regardless of whether the store is open, for general care and maintenance of the animals in the pet store. In the event of a natural disaster, an emergency evacuation, or other similar occurrence, the welfare of the animals shall be provided for, as required by this chapter, to the extent access to the animals is reasonably available. (b) Except as provided in subdivision (a), a pet store operator shall comply with the following animal care requirements: (1) Provide care for each animal in a humane manner. (2) Provide adequate wholesome food and adequate potable water consistent with the requirements of each species. (3) House only compatible animals in the same enclosure. (4) Observe each animal at regular intervals in order to recognize and evaluate general symptoms of sickness, injury, or abnormal behavior. (5) Take reasonable measures to house intact mammals that have reached sexual maturity in a manner to prevent unplanned reproduction. (6) Maintain and abide by written animal husbandry procedures, which the "Animal Care Guidelines for the Retail Pet Industry," as amended, published by the Pet Industry Joint Advisory Council, that address animal care, management and safe handling, disease prevention and control, veterinary care, and disaster recovery. These procedures shall be reviewed with employees who provide animal care and shall be present in writing, either electronically or physically, in the store and made available to all store employees. (7) Follow humane euthanasia protocols according to the most recent American Veterinary Medical Association (AVMA) Panel on Euthanasia Guidelines and in accordance with California law. (8) Isolate, when feasible, and not offer for sale, those animals that have or are suspected of having an infectious condition. (9) Evaluate and treat, in a timely manner, ill or injured animals. When necessary for the humane care of the animals, the pet store operator shall seek the consultation of a veterinarian in a timely manner and shall follow the veterinarian's prescribed treatment. 122355. (a) Each pet store operator shall ensure that records of all veterinary visits to the pet store are documented in writing. Veterinary treatment records shall be kept for each animal or group of animals that receives medications or immunizations while in the care of the pet store. These records shall include summaries of direction received orally from veterinarians, and shall include all of the following, to the extent it is provided by the veterinarian: (1) Identification of the animal or group of animals receiving medical treatment. (2) Name of the medication or immunization used. (3) Amount of medication used. (4) Time and date on which the medication or immunization was administered. (b) Records required by subdivision (a) shall be made available, upon request, to a person who purchases a cat or dog, or any individually housed animal. For animals not housed individually, the pet store shall retain records that indicate group treatment. (c) The pet store shall provide to the purchaser of an animal at the time of sale information concerning all of the following: (1) Spay or neuter procedures performed on the animal. (2) Vaccinations administered to the animal during its stay in the store. (3) Permanent identification on the animal, if available. (4) The store's animal return policy, which shall be made available to customers either through instore signs or handouts to customers when they purchase an animal. (d) Records required by subdivision (c) shall be retained by the pet store for two years from the date of disposition of the animal. Pet stores shall maintain animal purchase records and any records obtained in connection with the initial acquisition of the animal for two years from the date of disposition. All records required by this section shall be made available upon request to appropriate enforcement officers exercising authority pursuant to Section 122356. 122356. (a) An animal control officer, as defined in Section 830.9 of the Penal Code, a humane officer qualified pursuant to Section 14502 or 14503 of the Corporations Code, or a peace officer who, in the course of inspecting a pet store, detects a violation of the requirements of this chapter may do one or both of the following: (1) Take or initiate any enforcement action authorized by this chapter or any other applicable federal, state, or local law. (2) Issue a single notice of correction, which shall contain all of the following information: (A) Specify every violation of this chapter found in the inspection. (B) Clearly identify the corrective action for each violation. (C) Include a specific period of time during which the listed violation or violations must be corrected. (b) After issuing a citation pursuant to this section, the inspecting officer shall verify compliance with this chapter by conducting a subsequent investigation of the pet store in violation of this chapter within a reasonable period of time. (c) If, at his or her discretion, the officer exercising authority, as specified in subdivision (a), determines that the violation reflects a pattern of continued violations of the same requirements of this chapter, the operator has failed to comply with a notice of correction, or if the violation poses a significant risk of harm to one or more animals, the officer may issue an infraction citation or take any other action authorized by federal, state, or local law. (d) Any person issued a citation pursuant to this chapter may be subject to a penalty determined by the court. No person shall be subject to penalties pursuant to both this chapter and any other provision of federal, state, or local law for violations arising from any single act or omission. 122357. (a) Notwithstanding Section 599 of the Penal Code, a pet store shall not offer any live animal as a prize or give away any animal as an inducement to enter any contest, game, or other competition. (b) Notwithstanding Section 597z of the Penal Code, a pet store shall not sell, offer for sale, trade, or barter any dog or cat that is under the age of eight weeks. Notwithstanding any other provision of law, dogs or cats over the age of eight weeks may be sold, offered for sale, traded, or bartered only if the animal is weaned. Pet stores shall not sell any animal before it is weaned, except for animals intended to be used as food for other animals. SEC. 4. 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.