BILL ANALYSIS
AB 1347
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Date of Hearing: May 9, 2007
ASSEMBLY COMMITTEE ON APPROPRIATIONS
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
SUMMARY
This bill establishes procedures for the care and maintenance of
all animals in the custody of pet stores. Specifically, this
bill:
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.
COMMENTS
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