BILL ANALYSIS
AB 1347
Page 1
Date of Hearing: April 24, 2007
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Mike Eng, Chair
AB 1347 (Cabellero) - As Amended: April 16, 2007
SUBJECT : Pet Store Animal Care Act.
SUMMARY : Enacts the Pet Store Animal Care Act (Act) that would
establish procedures for the care and maintenance of animals in
the custody of a pet store, and places limitations on the sale
or transfer of those animals. Specifically, this bill :
1)Provides that each pet store operator is responsible for
specified conditions of a pet store, including the following:
a) Protecting animals kept in the pet store 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
reasonable efforts to capture the animals that escape;
b) Ensuring that the temperature within an animal's primary
and temporary enclosure is appropriate for the species,
age, size and condition of the animals;
c) Providing ventilation using fresh or filtered air to
minimize drafts, odors, and moisture condensation and to
provide for the health of the animals; and,
d) Uniformly distributing light, by natural or artificial
means, in a manner that permits routine inspection and
cleaning, and proper care and maintenance of the animals.
2)Requires a pet store operator to comply with specified animal
care requirements, including the following:
a) Provide care for each animal in a humane manner,
including providing adequate food and water, seeking the
consultation of a veterinarian without significant delay,
and providing a veterinarian's prescribed treatment;
b) Observe each animal at regular intervals, at least once
a day, in order to recognize and evaluate general symptoms
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of sickness, injury or abnormal behavior;
c) Follow humane euthanasia protocols, as defined; and,
d) Isolate, when feasible, and not offer for sale, those
animals that have or are suspected of having a contagious
disease, with the exception of animals such as fish.
3)Requires a pet store operator, or one of his or her employees,
to be present in the store at least once daily, regardless of
whether the store in open, for general care and maintenance of
the animals in the pet store.
4)Requires a pet store operator to ensure that records of all
veterinary visits to the pet store are documented in writing
and that a veterinary treatment record be kept for each
animal, or group of animals, that receives medications or
immunizations while in the care of the pet store.
5)Requires records of veterinary visits to include summaries of
direction received from the veterinarian, and to include all
of the following, to the extent it is provided by the
veterinarian: identification of the animal or group of
animals receiving the medical treatment; name of the
medication or immunization used; amount of the medication
used; and, the time and date of which the medication or
immunization was administered.
6)Requires veterinary records maintained pursuant to the
provisions of the Act to be retained by the pet store for two
years from the date of disposition of the animal and be made
available, upon request, to a person who purchases a cat or
dog or any individually housed animal.
7)Requires pet stores to provide the purchaser of a cat, dog or
other individually housed animal information on spay or neuter
procedures performed on the animal, any identification device
on the animal, and any medical treatment, vaccinations or
veterinary treatment administered to the animal during its
stay in the pet store.
8)Provides that primary enclosures must meet specified
requirements, including the following:
a) Be constructed so they can be routinely maintained to
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allow animals to stay clean and to provide access to
adequate food and water;
b) Be constructed to prevent injury and provide a solid
platform or shelf when a grid-flooring system is used;
c) Provide adequate space and adequate mobility for the
animal or animals housed in the enclosure; and,
d) Provide animals with an enrichment device or devices
appropriate for the species, age, size, and condition of
the animal.
9)Requires that primary and temporary enclosures 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.
10)Sets forth additional design requirements for primary
enclosures of birds, including the following:
a) Allow a bird to fully extend both of its wings at the
same time without contacting the sides of the enclosure;
b) Provide perches in a diameter that is appropriate for
the species, age, size and condition of the bird and for
the size of the enclosure; and,
c) Provide sufficient space to enable each bird to fully
extend its wings in every direction while all birds are
simultaneously perched.
11)Allows an animal control officer, a human officer, or a peace
officer who, in the course of inspecting a pet store, detects
a violation of the requirements of the Act to do one, or both,
of the following:
a) Take or initiate any enforcement action authorized by
the Act or other applicable law; and/or,
b) Issue a single notice of correction that specifies every
violation of the provisions of the Act found during the
inspection and clearly identify a specific period of time
during which the listed violations must be corrected.
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12)Requires the inspecting officer issuing a citation, as
defined, to verify compliance with the provisions of the Act
by conducting a subsequent investigation of the pet store in
violation, within a reasonable period of time.
13)Allows the inspecting office to issue an infraction citation
or take any other action permitted by applicable federal,
state or local law, if the officer determines that the
violation reflects a pattern of continued violations of the
same requirements of the Act, the pet store 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.
14)Defines relevant terms, including the following:
a) "Animal" means any nonhuman vertebrate species housed,
offered for sale or adoption, or both, in a pet store,
including, but not limited to, mammals, birds, reptiles,
amphibians, fish, and also invertebrates sold or adopted as
pets;
b) "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; and,
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 freely as appropriate for the species, age, and
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.
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15)Prohibits a pet store from selling a cat that is under the
age of eight weeks or selling any animal that is not weaned.
16)Prohibits a pet store from offering any animal as a prize, or
giving away any animal as an inducement to enter a contest,
game, or other competition.
EXISTING LAW :
1)Defines "Pet animals" as 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)Defines "Pet shop" as every place or premises where pet
animals are kept for the purpose of either wholesale or retail
sale, excluding any place or premises where pet animals are
occasionally sold.
3)Defines "Pet shop," specific to the selling of birds, as a
retail pet shop location primarily engaged in retailing pets,
pet foods, and pet supplies, as defined by the North American
Industry Classification System.
4)Requires pet shops that sell pet animals, as defined, to do
all of the following:
a) Maintain the facilities used for the keeping of pet
animals in a sanitary condition;
b) Provide proper heating and ventilation for the
facilities used for the keeping of pet animals;
c) Provide adequate nutrition for, and humane care and
treatment of, all pet animals under his or her care and
control;
d) Take reasonable care to release for sale, trade, or
adoption only those pet animals that are free of disease or
injuries;
e) Provide adequate space appropriate to the size, weight,
and specie of pet animals; and,
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f) Provide buyers of pet animals with general written
recommendations for the generally accepted care of the
class of pet animal sold in a form determined by the pet
shop.
5)Prohibits a pet shop from selling a bird, as defined, unless
the bird is weaned.
6)Defines "pet dealer" as a person engaging in the business of
selling dogs and cats, or both, at retail, with specified
exemptions, including any entity that breeds or rears dogs on
the premises.
7)Requires pet dealers to do all of the following:
a) Maintain facilities where the dogs are kept in a
sanitary condition;
b) Provide dogs with adequate nutrition and potable water;
c) Provide adequate space appropriate to the age, size,
weight, and breed of dog, defined as sufficient space for
the dog to stand up, sit down, and turn about freely using
normal body movements, without the head touching the top of
the cage, and to lie in a natural position;
d) Provide dogs housed on wire flooring with a rest board,
floor mat, or similar device that can be maintained in a
sanitary condition;
e) Provide dogs with adequate socialization and exercise,
defined as physical contact with other dogs or with human
beings;
f) Maintain either a fire alarm system that is connected to
a central reporting station that alerts the local fire
department in case of fire, or a fire suppression sprinkler
system; and,
g) Provide veterinary care, without delay, when necessary.
8)Prohibits the possession of any live chicks, rabbits,
ducklings, or other fowl for the purpose of sale or display
without adequate facilities for supplying food, water and
temperature control needed to maintain the health of such fowl
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or rabbit.
9)Prohibits a pet dealer from possessing a dog that is less than
eight weeks old.
10)Requires pet dealers to provide to the purchaser of each dog
and cat at the time of sale a written statement in a
standardized form prescribed by the Department of Consumer
Affairs (DCA), containing the following information:
a) The breeder's and broker's name and address, if known,
or if not known, the source of the dog or cat. If the
person from whom the cat or dog was obtained is a dealer
licensed by the USDA, the person's name, address, and
federal dealer identification number;
b) The cat or dog's date of birth, unless unknown, and the
date the dealer received the cat or dog. If the dog is not
advertised or sold as purebred, registered, or
registerable, the date of birth may be approximated if not
known by the seller;
c) If a dog, the breed, sex, color, and identifying marks
at the time of sale, if any, or the USDA individual
identifying tag, tattoo, or collar number for that animal;
d) If the dog is being sold as being capable of
registration, the names and registration numbers of the
sire and dam, and the litter number, if known;
e) A record of the immunizations and worming treatments
administered, if any, to the cat or dog as of the time of
sale, including the dates of administration and the type of
vaccine or worming treatment;
f) A record of any known disease or sickness that the cat
is afflicted with at the time of sale; and,
g) For dogs only, a record of any veterinarian treatment or
medication received by the dog while in the possession of
the pet dealer and either of the following:
i) A statement, signed by the pet dealer at the time of
sale, stating that the dog has no known disease or
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illness or known congenital or hereditary condition that
adversely affects the health of the dog at the time of
the sale or that is likely to adversely affect the health
of the dog in the future; or,
ii) A record of any known disease, illness, and any
congenital or hereditary condition that adversely affects
the health of the dog at the time of sale, or is likely
to adversely affect the health of the dog in the future,
along with a statement signed by a licensed California
veterinarian that authorizes the sale of the dog,
recommends necessary treatment, and verifies that the
disease, illness, or condition does not require
hospitalization or nonelective surgical procedures, nor
is it likely to require hospitalization or nonelective
surgical procedures in the future.
11)Requires, at the time of sale, the purchaser of a dog and the
pet dealer selling the dog, to sign a written statement
acknowledging the receipt and accuracy of the information
contained on the DCA form.
12)Requires pet dealers to maintain a written record on the
health, status, disposition of each dog and each cat, and all
other information required to be disclosed to the consumer or
perspective consumer, for at least one year after disposition
of the dog or cat. The records must be made available to
humane officers, animal control officers, and law enforcement
officers for inspection during normal business hours.
13)Requires retail dealers, as defined, to post conspicuously on
the cage of each dog offered for sale a notice indicating the
state where the dog was bred and brokered.
14)Requires pet dealers to post conspicuously within close
proximity to the cages of dogs offered for sale, a notice
stating that information on the source of the dogs and
veterinary treatments received is available for review.
15)Provides that animal control officers are not peace officers
but may exercise the powers of arrest of a peace officer and
the power to serve warrants during the course and within the
scope of their employment, if they meet specified criteria.
16)Provides that any person who maliciously and intentionally
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maims, mutilates, tortures, or wounds a living animal, or
maliciously and intentionally kills an animal, is guilty of an
offense punishable by imprisonment in state prison, or by a
fine of not more than $20,000, or by both the fine and
imprisonment, or, alternatively, by imprisonment in a county
jail for not more than one year, or by a fine of not more than
$20,000, or by both the fine and imprisonment.
17)Provides that any person who deprives of necessary
sustenance, drink, or causes or procures any animal to be so
deprived of necessary sustenance, drink, shelter, and whoever,
having the charge or custody of any animal, either as owner or
otherwise, subjects any animal to needless suffering, or
inflicts unnecessary cruelty upon the animal, or in any manner
abuses any animal, or fails to provide the animal with proper
food, drink, or shelter or protection from the weather, is
guilty of a crime punishable as a misdemeanor or as a felony.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill . According to one of the sponsors, Petco,
this bill, "is designed to improve the provision and
enforceability of laws protecting animals sold in pet store
throughout the state. This bill was written with the input and
recommendations of various animal care advocates - including
animal care enforcement officers and their organization, the
California Animal Control Directors Association, as well as
representatives of animal welfare organizations, such as the
State Humane Association of California, the Humane Society of
the United States and the Animal Protection Institute."
Support . The California Alliance for Consumer Protection writes
in support of this bill, "it is important for California's
Legislature to establish and enact standards that ensure the
delivery of both healthy pets and quality products to
consumers."
Opposition . The California Federation for Animal Legislation,
in opposition to this bill, explains that current law relating
to pet shops allows that misdemeanors and violations under the
general anti-cruelty law may be prosecuted as a felony. This
bill provides that a violation, after a warning, may be an
infraction. According to the California Federation for Animal
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Legislation, "pet shops should have minimum care standards but
penalties should not regress to infractions. Existing laws are
misdemeanors and wobblers. Through the years there have been
many cases of abuse/cruelty and neglect in pet shops?and
existing penalties are appropriate."
Related legislation . AB 2862 (Ridley-Thomas) of 2006, required
the Department of Consumer Affairs (Department) to adopt
regulations to regulate the care and handling of animals sold to
the general public at retail outlets. AB 2862 was vetoed by the
Governor. In his veto message the Governor stated, "[this] bill
mandates the creation of a state program without providing the
authority or funding source to develop or enforce the new laws.
The Department is funded by the licensing fees of the
professionals it regulates, such as doctors, dentists and
accountants. It is not legal for the Department to use these
license fees to implement or enforce this bill."
REGISTERED SUPPORT / OPPOSITION :
Support
Petco (sponsor)
Pet Industry Joint Advisory Committee (sponsor)
California Alliance for Consumer Protection
Opposition
California Federation for Animal Legislation
Analysis Prepared by : Tracy Rhine / B. & P. / (916) 319-3301