BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1347
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          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