BILL ANALYSIS                                                                                                                                                                                                    

                                                                  AB 1347
                                                                  Page  1

          Date of Hearing:   May 9, 2007

                                  Mark Leno, Chair

                  AB 1347 (Caballero) - As Amended:  April 16, 2007 

          Policy Committee:                              Business and  
          Professions  Vote:                            10-0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No


          This bill establishes procedures for the care and maintenance of  
          all animals in the custody of pet stores. Specifically, this  

          1)Establishes procedures and requirements with regard to the  
            condition of facilities; the provision of food and water; size  
            and maintenance of enclosures; care of ill or injured animals;  
            recordkeeping; and written information to be provided to the  
            purchaser of each animal.

          2)Authorizes animal control officers, human officers, and peace  
            officers, if detecting a violation of the above requirements  
            in the course of a routine inspection to:

             a)   Initiate any enforcement action authorized below or by  
               any other applicable federal, state or local law.

             b)   Issue a notice of correction, including a specified time  
               period for the violation to be corrected.

             c)   Issue an infraction citation if the inspector determines  
               the violation reflects a continuous pattern or poses a  
               significant risk to the animals.

           FISCAL EFFECT  

          Nonreimbursable costs to local governments for enforcement,  
          offset to some extent by fine revenues.



                                                                  AB 1347
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           1)Purpose  . According to a sponsor, Petco, this bill, "is  
            designed to improve the provision and enforceability of laws  
            protecting animals sold in pet stores 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." 

           2)Background  . The federal Animal Welfare Act (AWA) of 1966  
            regulates the treatment of animals in research, exhibition,  
            transport, and by dealers, but does not apply to traditional  
            retail pet stores. As a result, states are the primary source  
            of legal protections for animals housed in pet stores. In  
            California, because pet stores are not licensed, and therefore  
            not directly regulated by any state agency, enforcement is  
            complaint driven.  Local animal control agencies provide the  
            primary enforcement, by responding to complaints and referring  
            violations to the district attorney's office. 

            Existing provisions in the Penal Code are very general with  
            respect to the care and treatment of animals in the custody of  
            pet shops. All animals must be provided with adequate  
            nutrition, adequate space appropriate to the size, weight and  
            species of the animal, humane care, and proper heating and  
            ventilation in the enclosures housing animals.  Additionally,  
            the pet shop owner must take reasonable care to sell only  
            animals that are disease and injury free. Cats and dogs sold  
            in pet shops, under current Health and Safety Code statutes,  
            receive extra consideration. In particular, there are  
            requirements for dogs pertaining to veterinary care and  
            recordkeeping, animal information postings, socialization, and  
            limits on age and size for weaning.

           3)Prior Legislation  . In 2006, AB 2862 (Ridley-Thomas), as heard  
            in this committee, was considerably more prescriptive than AB  
            1347 and included the potential for misdemeanor sanctions. AB  
            2862 was amended in the Senate to require the Department of  
            Consumer Affairs to adopt regulations for the care and  
            handling of animals sold to the general public at retail  
            outlets. The governor vetoed AB 2862, stating that the bill  
            "lacked the authority or funding source to develop and enforce  


                                                                  AB 1347
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            the new laws."

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081