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 AB 1347 Page 2 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 AB 1347 Page 3 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. AB 1347 Page 4 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. AB 1347 Page 5 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, AB 1347 Page 6 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 AB 1347 Page 7 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 AB 1347 Page 8 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 AB 1347 Page 9 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 AB 1347 Page 10 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