BILL ANALYSIS
AB 1347
Page 1
ASSEMBLY THIRD READING
AB 1347 (Caballero)
As Amended May 17, 2007
Majority vote
BUSINESS & PROFESSIONS 10-0 APPROPRIATIONS 16-0
-----------------------------------------------------------------
|Ayes:|Eng, Emmerson, Bass, |Ayes:|Leno, Walters, Caballero, |
| |Carter, Hayashi, | |Davis, DeSaulnier, |
| |Hernandez, Horton, Maze, | |Emmerson, Huffman, |
| |Price, Torrico | |Karnette, Krekorian, La |
| | | |Malfa, |
| | | |De La Torre, Ma, |
| | | |Nakanishi, Nava, Sharon |
| | | |Runner, Solorio |
|-----+--------------------------+-----+--------------------------|
| | | | |
-----------------------------------------------------------------
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.
AB 1347
Page 2
2)Requires a pet store operator, or one of his/her employees, to
be present in the store at least once daily, regardless of
whether the store is open, for general care and maintenance of
the animals in the pet store.
3)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.
4)Provides that primary enclosures must meet specified
requirements, including the following:
a) Be constructed so they can be routinely maintained to
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.
5)Allows an animal control officer, a humane 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.
6)Allows the inspecting office to issue an infraction citation,
or misdemeanor, or take any other action permitted by
applicable federal, state or local law, if the officer
AB 1347
Page 3
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.
7)Prohibits a pet store from selling a cat that is under the age
of eight weeks or selling any animal that is not weaned.
8)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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, nonreimbursable costs to local governments for
enforcement, offset to some extent by fine revenues.
COMMENTS : According to one of the sponsors, 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."
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."
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
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."
AB 1347
Page 4
Previous legislation, AB 2862 (Ridley-Thomas) of 2006, which was
vetoed by the Governor, would have 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. In his veto message the Governor stated, "[AB
2862] 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."
Analysis Prepared by : Tracy Rhine / B. & P. / (916) 319-3301
FN:
0000760
0000684