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: no
yes . State-mandated local program: no
yes .
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.