BILL NUMBER: AB 1347	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 27, 2007
	AMENDED IN ASSEMBLY  MAY 17, 2007
	AMENDED IN ASSEMBLY  APRIL 16, 2007
	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 Store Animal Care Act.
   Existing law regulates the sale of dogs and cats by breeders and
retail outlets and the sale of birds.
   This bill would enact the Pet Store Animal Care Act, which  ,
commencing January 1, 2009,  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 or as a misdemeanor. 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: 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 food" means supplying at suitable intervals a
quantity of wholesome, nutritious, and palatable 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) 
    (a)  "Adequate space" means sufficient height and
sufficient floorspace 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. 
   (c) "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 to review
and suggest any necessary updates to the program.  
   (2) Any diseased, ill, or injured animals are provided with
veterinary care as needed for the health and well-being of the
animal.  
   (d) "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.  
   (e) 
    (b)  "Animal" means any nonhuman vertebrate species
housed, offered for sale or adoption, or both, in the pet store,
including, but not limited to, mammals, birds, reptiles, amphibians,
fish, and also invertebrates  sold   housed,
sold,  or adopted as pets. 
   (f) 
    (c)  "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 from the pet store of any animal
that is deceased for any reason, including euthanasia. 
   (g) 
    (d)  "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.  . 

   (h) 
    (e)  "Euthanasia" or "euthanize" means the humane
destruction of an animal that is in compliance with the requirements
set forth in paragraph (7) of subdivision (b) of Section 122354.

   (i) 
    (f)  "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. 
   (j) 
    (g)  "Intact" means an animal that retains its sexual
organs or ability to procreate and has not been sterilized. 
   (k) 
    (h) "Person" means any individual, partnership, firm,
joint-stock company, corporation, association, trust, estate, or
other legal entity. 
   (l) 
    (i)  "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   for sale animals  . 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. 
   (m) 
    (j)  "Pet store operator" or "operator" means a person
who owns or operates a pet store, or both. 
   (n) 
    (k)  "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. 
   (o) 
    (l)  "Rodent" means an animal of the order Rodentia,
such as a guinea pig, rat, mouse, chinchilla, or hamster. 
   (p) 
    (m)  "Sanitize" means to make physically clean and to
destroy, to the extent practical, agents injurious to health.

   (q) 
    (n)  "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. 
   (r) 
    (o)  "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. 
   (s) 
    (p)  "Transfer" means the release of an animal by its
owner to another person by sale, gift, adoption, or other
disposition, including the exchange of animals between pet stores.

   (t) "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.  

   (u) 
    (q)  "Veterinary treatment" means treatment by or at the
direction of a  California-licensed  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   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
reasonable efforts to capture the animals that  have 
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 or
temporary enclosure is 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) 
    (d)  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) 
    (e)  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. 
   (f)  With respect to dogs, complying with all of the requirements
of Section 122155. 
   122352.  (a) Primary enclosures shall comply with all of the
following structural standards:
   (1) Primary and temporary 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 adequate food and
water.
   (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 as
appropriate for the size of the cat.
   (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) Perches are provided in a diameter that is appropriate for the
species, age, size, and condition of the bird, and for the size of
the enclosure.
   (3) There is sufficient space to enable each bird 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) 
    122353.    (a)    When the enclosure
is being cleaned in a manner, or with a substance, that is or may be
harmful to the animals within the enclosure, those animals shall be
removed from the enclosure. 
   (c) 
    (b)  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) 
    (c)  Pest control measures shall be implemented to
effectively control 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 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 
 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 food and water.  
   (3) 
    (1)  House only compatible animals in the same
enclosure. 
   (4) 
    (2)  Observe each animal at regular intervals, at least
once a day, in order to recognize and evaluate general symptoms of
sickness, injury, or abnormal behavior. 
   (5) 
    (3)  Take reasonable measures to house intact mammals
that have reached sexual maturity in a manner to prevent unplanned
reproduction. 
   (6) 
    (4)  Maintain and abide by written animal husbandry
procedures that address animal care, management and safe handling,
disease prevention and control,  veterinary care 
 routine care, preventative care, emergency veterinary care,
euthanasia  , and disaster planning, evacuation, and recovery
that is applicable to the location of the pet store. 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. 
   (5) (A) Make the determination as to whether an animal shall be
destroyed and ensure that the destruction of the animal is
effectuated by performing euthanasia on the animal using a method or
methods suitable for the species and specifically authorized for the
species as specified in Appendix 2 of the American Veterinary Medical
Association's (AVMA) 2000 Report of the AMVA Panel on Euthanasia,
and as authorized for the species in the documented program
prescribed in paragraph (7).  
   (B) Notwithstanding paragraph (A), an animal intended as food for
another animal may be destroyed using a method or methods of
euthanasia suitable for the species that is specifically authorized
for the species in the documented program prescribed in paragraph
(7), if the method or methods satisfy at least one of the following
requirements:  
   (i) The method or methods must be humane, involve instantaneous
unconsciousness, and result in immediate death.  
   (ii) The method or methods must involve anesthesia produced by an
agent that causes painless loss of consciousness and death during
that loss of consciousness.  
   (C) Subparagraphs (A) and (B) of this paragraph shall be
implemented in a manner consistent with California law.  
   (D) Each employee who performs euthanasia shall receive adequate
training in the method or methods used and proof of successful
completion of such training shall be documented in writing and
retained by the pet store. All training records shall be maintained
by the pet store for two years, and shall be made available, upon
request, to appropriate law enforcement officers exercising authority
pursuant to Section 122356.  
   (7) Follow only acceptable humane euthanasia methods for the
species affected, as set forth in the most recent American Veterinary
Medical Association (AVMA) Panel on Euthanasia Guidelines to the
extent consistent with California law, including subdivision (g) of
Section 30071 of Title 17 of the California Code of Regulations, as
amended. The pet store operator shall also follow the most recent
AVMA protocols for training and handling for euthanasia. 

   (8) 
    (6)  Isolate and not offer for sale, those animals that
have or are suspected of having a contagious condition. This
paragraph shall not apply to those animals that are effectively
isolated by their primary enclosure, including, but not limited to
fish, provided that a sign is posted on the enclosure that indicates
that these animals are not for sale, or otherwise marked in a manner
to prevent their sale to customers during their treatment for the
contagious condition. 
   (9) Ensure that all ill or injured animals are evaluated and
treated without delay. When necessary for the humane care of the
animals, the pet store operator shall seek the consultation of a
veterinarian, including all cases where an animal appears to be
seriously ill or injured, without delay and shall follow the
veterinarian's prescribed treatment.  
   (10) Provide adequate veterinary care to all animals and follow
the documented veterinary program requirements, as described in
subdivision (c) of Section 122350.  
   (7) Have a documented program of routine care, preventative care,
and emergency veterinary care, disease control and prevention,
veterinary treatment and euthanasia, as outlined in paragraph (5)
that is established and maintained by the pet store, in consultation
with, a veterinarian employed by the pet store or a
California-licensed veterinarian, to ensure adherence to the program
with respect to each animal. The program shall also include a
documented onsite visit to the pet store premises by a
California-licensed veterinarian, at least once a year.  
   (8) Ensure that each diseased, ill, or injured animal is evaluated
and treated without delay. If necessary for the human care and
treatment of the animal, the animal shall be provided with veterinary
treatment without delay.  
   (9) In the event of a natural disaster, an emergency evacuation,
or other similar occurrence, the humane care and treatment of each
animal is provided for, as required by this chapter, to the extent
access to the animal is reasonably available.
   (c) Subdivisions (a) and (b) shall be implemented to the extent
consistent with California law. 
   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.
   (c) The pet store shall provide to the purchaser of an animal at
the time of sale information concerning the store's animal return
policy, which shall be made available to customers either through in
store signs or handouts to customers when they purchase an animal.
The pet store shall also provide to a purchaser of cats, dogs, and
all individually housed animals, all of the following information:
   (1) Spay or neuter procedures performed on the animal.
   (2) Vaccinations, medical treatment, and veterinary treatment
administered to the animal during its stay in the store.
   (3) Any identification device on the animal. 
   (4) With respect to dogs and cats, all information required to be
disclosed under Section 122140.  
   (5) With respect to dogs, all information required to be disclosed
under Sections 122190 and 122310. This information shall be
contained in separate documents.  
   (d) The pet store owner shall retain all records of the person
from whom each animal in the pet store was acquired, with their name,
address, and telephone number, and the date the animal was acquired.
 
   (d) 
    (e)  All records required by this section shall be
maintained by the pet store for two years from the date of
disposition of the animal, and 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:   officer who detects a violation of
Section 122351, subdivision (b) or (c) of Section 122353, paragraphs
(3) or (4) of subdivision (b) of Section 122354, or Section 122355
shall issue a single notice to correct, which shall contain all of
the following information:  
   (1) Take or initiate any enforcement action authorized by this
chapter or any other applicable federal, state, or local law,
including, but not limited to, Section 597l of the Penal Code,
including the penalties provided in that section, if applicable.
 
   (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 notice of correction 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
or a misdemeanor 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.  
   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.  

   (1) Specify each violation of this chapter found in the
inspection.  
   (2) Identify the corrective action for each violation.  
   (3) Include a specific period of time for which the listed
violation or violations must be corrected.  
   (b) After issuing a notice to correct pursuant to this section,
the officer or another qualified officer of the issuing agency 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) An exact, legible copy of the notice to correct shall be
delivered to the pet store operator at the time he or she signs the
notice. In the alternative, the issuing agency may personally deliver
the notice to the pet store operator within 48 hours of its
issuance, excluding holidays and weekends. The signing of the notice
is an acknowledgment of receipt, and does not constitute an admission
of guilt.  
   (d) A pet store operator who fails to comply with a notice to
correct is guilty of an infraction.  
   (e) A pet store operator who violates the same provision of this
chapter on more than one occasion within a 12-month period, at the
same location, is not eligible to receive a notice to correct, and is
guilty of an infraction on the second violation, and is guilty of a
misdemeanor on the third or subsequent violation.  
   (f) Notwithstanding subdivision (a), a pet store owner is guilty
of a misdemeanor if the pet store owner violates any provision listed
in subdivision (a), and by doing so, the pet store operator causes
or allows harm or injury to an animal, or allows an animal to be
subject to an unreasonable risk of harm or injury.  
   122357.  A pet store owner who violates any provision of this
chapter not specified in subdivision (a) of Section 122356 is guilty
of a misdemeanor.  
   122358.  An infraction is punishable by a fine not to exceed two
hundred fifty dollars ($250) per violation. A misdemeanor is
punishable by a fine not to exceed one thousand dollars ($1,000) per
violation. The court shall weigh the gravity of the offense in
setting the penalty.  
   122359.  (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 eight weeks of age. Notwithstanding any other provision of
law, dogs or cats over eight weeks of age 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.  
   122360.  (a) Nothing in this chapter shall be construed to in any
way limit or affect the application of any other law that protects
animals or the rights of animals, including, but not limited to, the
Lockyer-Polanco-Farr Pet Protection Act contained in Article 2
(commencing with Section 122125) of Chapter 5 of Part 6 of Division
105, or Sections 597 and 5971 of the Penal Code.
   (b) Nothing in this chapter limits or authorizes any act or
omission that violates Sections 597 and 5971 of the Penal Code, or
any other local, state, or federal law. The procedures set forth in
this chapter shall not apply to a violation of Section 597 or 5971 of
the Penal Code, which is cited or prosecuted pursuant to one or both
of those sections.  
   122361.  This chapter shall become operative on January 1, 2009.

  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.