BILL ANALYSIS                                                                                                                                                                                                    

                           Senator Gloria Romero, Chair              A
                             2007-2008 Regular Session               B

          AB 1347 (Caballero)                                        7
          As Amended June 27, 2007 
          Hearing date:  July 3, 2007
          Health and Safety Code

                               PET STORE ANIMAL CARE ACT  


          Source:  PETCO 

          Prior Legislation: AB 2862 (Ridley-Thomas) - vetoed 2006

          Support:  Pet Industry Advisory Council; Animal Protection  
                    Institute (if amended); Humane Society of the United  
                    States (if amended)

          Opposition:spcaLA; State Humane Association of California;  
                   California Federation for Animal Legislation

          Assembly Floor Vote:  Ayes  75 - Noes  1

                                        KEY ISSUES




                                                        AB 1347 (Caballero)



          The purpose of this bill is to detail specifically the care of  
          animals required by a pet shop and to create penalties in  
          addition to existing penalties to enforce those new provisions.
           Existing law  provides that every person who maliciously and  
          intentionally maims, mutilates,  tortures, or wounds a living  
          animal, or maliciously and intentionally kills an animal, is  
          guilty of an offense punishable by imprisonment in the state  
          prison, or by a fine of not more than twenty thousand dollars  
          ($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 twenty thousand  
          dollars ($20,000), or by both the fine and imprisonment.  (Penal  
          Code  597(a).)

           Existing law  provides every person who overdrives, overloads,  
          drives when overloaded, overworks, tortures, torments, deprives  
          of necessary sustenance, drink, or shelter, cruelly beats,  
          mutilates, or cruelly kills any animal, or causes or procures  
          any animal to be so overdriven, overloaded, driven when  
          overloaded, overworked, tortured, tormented, deprived of  
          necessary sustenance, drink, shelter, or to be cruelly beaten,  
          mutilated, or cruelly killed; 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, or who drives, rides, or  
          otherwise uses the animal when unfit for labor, is, for every  
          such offense, guilty of a crime punishable as a misdemeanor or  
          as a felony or alternatively punishable as a misdemeanor or a  
          felony and by a fine of not more than twenty thousand dollars  



                                                        AB 1347 (Caballero)

          ($20,000).  (Penal Code  597(b).)

           Existing law  provides that it is a misdemeanor punishable by a  
          fine of up to $1,000 plus penalty assessments and/or up to 90  
          days in jail for any person who operates a pet shop to fail do  
          all of the following:
                 Maintain the facilities used for the keeping of pet  
               animals in a sanitary condition.
                 Provide proper heating and ventilation for the  
               facilities used for the keeping of pet animals.
                 Provide adequate nutrition for, and humane care and  
               treatment of, all pet animals under his or her care and  
                 Take reasonable care to release for sale, trade, or  
               adoption only those pet animals that are free of disease or  
                 Provide adequate space appropriate to the size, weight,  
               and specie of pet animals.  (Penal Code  597 l(a).)

           Existing law  provides that sellers of pet animals shall provide  
          buyers of a pet animal with general written recommendations for  
          the generally accepted care of the class of pet animal sold,  
          including recommendations as to the housing, equipment,  
          cleaning, environment, and feeding of the animal.  This written  
          information shall be in a form determined by the sellers of pet  
          animals and may include references to Web sites, books,  
          pamphlets, videos, and compact discs.  Charges against a seller  
          of pet animals for a first violation of the provisions of this  
          subdivision shall be dismissed if the person charged produces in  
          court satisfactory proof of compliance.  A second or subsequent  
          violation is an infraction punishable by a fine not to exceed  
          $250.  (Penal Code  597 l(b)(1).)

          Existing law  in the Lockyer-Polanco-Farr Pet Protection Act,  
          regulates the sale of dogs and cats by pet dealers and provides  
          for civil penalties in the amount up to $1,000 for violations of  
          the act.  The civil penalty may be enforced by the local  
          district attorney or city attorney.  (Health and Safety Code   
          122320 et. seq.)



                                                        AB 1347 (Caballero)

           Existing law  further provides that no pet dealer shall knowingly  
          sell a dog that is diseased, ill, or has a condition, any one of  
          which requires hospitalization or surgical procedures.  In lieu  
          of the civil penalties imposed pursuant to Section 122150, any  
          pet dealer who violates this section shall be subject to a civil  
          penalty of up to one thousand dollars ($1,000), or shall be  
          prohibited from selling dogs at retail for up to 30 days, or  
          both.  If there is a second offense, the pet dealer shall be  
          subject to a civil penalty of up to two thousand five hundred  
          dollars ($2,500), or a prohibition from selling dogs at retail  
          for up to 90 days, or both.  For a third offense, the pet dealer  
          shall be subject to a civil penalty of up to five thousand  
          dollars ($5,000) or a prohibition from selling dogs at retail  
          for up to six months, or both.  For a fourth and subsequent  
          offense, the pet dealer shall be subject to a civil penalty of  
          up to ten thousand dollars ($10,000) or a prohibition from  
          selling dogs at retail for up to one year, or both.  For  
          purposes of this section, a violation that occurred over five  
          years prior to the most recent violation shall not be  
          considered.  An action for recovery of the civil penalty and for  
          a court order enjoining the pet dealer from engaging in the  
          business of selling dogs at retail for the period set forth in  
          this section, may be prosecuted by the district attorney for the  
          county where the violation occurred, or the city attorney for  
          the city where the violation occurred, in the appropriate court.  
           (Health and Safety Code  122205.) 

           This bill  provides that each pet store operator shall be  
          responsible for all the following:
                 Maintaining the entire pet store facility in good  
                 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 have  
                 Ensuring that the pet store's interior building  
               surfaces, including walls and floors, are constructed in a  
               manner that permits them to be readily cleaned and  



                                                        AB 1347 (Caballero)

                 Uniformly distributing light, by natural or artificial  
               means, in a manner that permits routine inspection and  
               cleaning, and the proper care and maintenance of the  
                 When dog or cat grooming services are offered by a pet  
               store, separating the grooming work area from the store's  
               primary animal enclosures, animal food storage areas, and  
               isolation areas for housing sick animals.  The grooming  
               area shall be cleaned and maintained at least once daily.
                 With respect to dogs, complying with all of the  
               requirements of Section 122155.

           This bill  sets forth specific requirements regarding the primary  
          enclosures of animals in pet shops including specific  
          requirements for bird enclosures.

           This bill  provides that enclosures shall be observed at least  
          once daily, and animal and food wastes, used bedding, debris,  
          and any other organic wastes shall be removed as necessary to  
          prevent contamination of the animals and to reduce disease and  
          hazards and odors.

           This bill  provides that pest control measures shall be  
          implemented to effectively control infestation of vermin,  
          insects or other pests.

           This bill  provides that the pet store operator or at least of  
          his or her employees shall be present in the store at least once  
          daily, regardless of whether the store is open for care and  
          maintenance of the animals in the pet store and provides that  
          the pet store operator shall comply with the following animal  
          care requirements:
                 House only compatible animals in the same enclosure.
                 Observe each animal at regular intervals, at least once  
               a day, in order to recognize and evaluate general symptoms  
               of sickness, injury, or abnormal behavior.
                 Take reasonable measures to house intact mammals that  
               have reached sexual maturity in a manner to prevent  
               unplanned reproduction.



                                                        AB 1347 (Caballero)

                 Maintain and abide by written animal husbandry  
               procedures that address animal care, management and safe  
               handling, disease prevention and control, veterinary care  
               routine care, preventative care, emergency veterinary care,  
               euthanasia, and disaster planning, evacuation, and recovery  
               that is applicable to the location of the pet store.  These  
               procedures shall be reviewed with employees who provide  
               animal care and shall be present in writing, either  
               electronically or physically, in the store and made  
               available to all store employees.
                 Make the determination as to whether an animal shall be  
               destroyed and ensure that the destruction of the animal is  
               effectuated by performing euthanasia on the animal using a  
               method or methods suitable for the species and specifically  
               authorized for the species as specified in Appendix 2 of  
               the American Veterinary Medical Association's (AVMA) 2000  
               Report of the AMVA Panel on Euthanasia, and as authorized  
               for the species in the documented program prescribed in  
               paragraph (7).  However, if the animal is intended as food  
               for another animal then the animal may be destroyed using a  
               method authorized, as specified.

           This bill  provides that each employee who performs euthanasia  
          shall receive adequate training.

           This bill  provides that the pet store operator shall isolate and  
          not offer for sale, those animals that have or are suspected of  
          having a contagious condition.

           This bill  provides that a pet store operator shall have a  
          documented program of routine care, preventative care, and  
          emergency veterinary care, disease control and prevention,  
          veterinary treatment and euthanasia that is established and  
          maintained by the pet store, in consultation with, a  
          veterinarian employed by the pet store or a California-licensed  
          veterinarian, to ensure adherence to the program with respect to  
          each animal.  The program shall also include a documented onsite  
          visit to the pet store premises by a California-licensed  
          veterinarian, at least once a year.



                                                        AB 1347 (Caballero)

           This bill  provides that the pet store operator shall ensure that  
          each diseased, ill, or injured animal is evaluated and treated  
          without delay.  If necessary for the humane care and treatment  
          of the animal, the animal shall be provided with veterinary  
          treatment without delay.

           This bill  provides that in the event of a natural disaster, an  
          emergency evacuation, or other similar occurrence, the humane  
          care and treatment of each animal is provided for, to the extent  
          access to the animals is reasonably available.

           This bill  provides that each pet store operator shall ensure  
          that records of all veterinary visits to the pet store are  
          documented in writing.  Veterinary treatment records shall be  
          kept for each animal or group of animals that receives  
          medications or immunizations while in the care of the pet store.  
           This bill specifies what the records shall include.

           This bill  provides that the pet store shall provide to the  
          purchaser of an animal at the time of sale information  
          concerning the store's animal return policy, which shall be made  
          available to customers when they purchase an animal and  
          specifies that additional information shall be given to the  
          purchaser of cats, dogs, and all individually housed animals.

          This bill  provides that the pet store owner shall retain all  
          records of the person from whom each animal in the pet store was  
          acquired, with their name, address, and telephone number, and  
          the date the animal was acquired.

           This bill  provides that all records required under this bill  
          shall be maintained by the pet store for two years from the date  
          of disposition of the animal and shall be made available upon  
          request to appropriate law enforcement officers exercising  
          authority under this bill.

           This bill  provides that an animal control officer, a humane  
          officer, or a peace officer who detects specified violations  
          under this bill shall issue a single notice to correct, which  
          shall contain all the following information:



                                                        AB 1347 (Caballero)

                 Specify each violation of this chapter found in the  
                 Identify the corrective action for each violation.
                 Include a specific period of time for which the listed  
               violation or violations must be corrected.

           This bill  provides that after issuing a notice to correct the  
          officer or another qualified officer shall verify compliance by  
          conducting a subsequent investigation of the pet store within a  
          reasonable period of time.

           This bill  provides that an exact, legible copy of the notice to  
          correct shall be delivered to the pet store operator at the time  
          he or she signs the notice.  In the alternative, the issuing  
          agency may personally deliver the notice to the pet store  
          operator within 48 hours of its issuance, excluding holidays and  
          weekends. The signing of the notice is an acknowledgement of  
          receipt, and does not constitute an admission of guilt.

           This bill  provides a pet store operator who fails to comply with  
          a notice to correct is guilty of an infraction.

           This bill  provides a pet store operator who violates the same  
          provision of this chapter on more than one occasion within a  
          12-month period, at the same location, is not eligible to  
          receive a notice to correct, and is guilty of an infraction on  
          the second violation, and is guilty of a misdemeanor on a third  
          or subsequent violation.

           This bill  provides, however, that if a pet store owner violates  
          these provisions and by doing so, the pet store operator causes  
          or allows harm or injury to an animal, or allows an animal to be  
          subject to an unreasonable risk of harm or injury is guilty of a  

           This bill  provides that violations not specified for a notice of  
          correction are misdemeanors.

           This bill  provides that an infraction is punishable by a fine  
          not to exceed $250 per violation and a misdemeanor by a fine not  



                                                        AB 1347 (Caballero)

          to exceed $1,000 per violation.

           This bill  provides that a pet store shall not offer any live  
          animal as a prize or give away any animal as an inducement to  
          enter any contest, game, or other competition.

           This bill  provides that a pet store shall not sell, offer for  
          sale, trade, or barter any dog or cat that is under eight weeks  
          of age.  Notwithstanding any other provision of law, dogs or  
          cats over eight weeks of age may be sold, offered for sale,  
          traded, or bartered only if the animal is weaned.  Pet stores  
          shall not sell any animal before it is weaned, except for  
          animals intended to be used as food for other animals.

           This bill  provides that nothing in this chapter shall be  
          construed to in any way limit or affect the application of any  
          other law that protects animals or the rights of animals,  
          including, but not limited to the Lockyer-Polanco-Farr Pet  
          Protection Act contained in Article 2 (commencing with Section  
          122125) of Chapter 5 of Part 6 of Division 105, or Section 597  
          or 597l of the Penal Code.

           This bill  provides that nothing in this chapter limits or  
          authorizes any act or omission that violates Section 597 and  
          597l of the Penal Code, or any other local, state, or federal  
          law.  The procedures set forth in this chapter shall not apply  
          to a violation of Section 597 or 597l of the Penal Code, which  
          is cited or prosecuted pursuant to one or both of those  

           This bill  defines the following terms as specified:

                 "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 about freely as appropriate for the species, age,  
               size, and condition of the animal, and when appropriate, to  
               experience socialization with other animals in the primary  



                                                        AB 1347 (Caballero)

               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  

                 "Animal" means any nonhuman vertebrate species housed,  
               offered for sale or adoption, or both, in the pet store,  
               including, but not limited to, mammals, birds, reptiles,  
               amphibians, fish, andalso invertebrates housed, sold, or  
               adopted as pets.

                 "Disposition" means the transfer of an animal from a pet  
               store to another location, including the sale or adoption  
               of the animal, the return of the animal to the person who  
               supplied the animal to the pet store, or removal from the  
               pet store of any animal that is deceased for any reason,  
               including euthanasia.

                 "Enrichment" means providing objects or activities,  
               appropriate with the needs of the species, as well as the  
               age, size, and condition of the animal, that stimulate the  
               animal and promote the animal's well-being.

                 "Euthanasia" or "euthanize" means the humane destruction  
               of an animal that is in compliance with the requirements  
               set forth in paragraph (7) of subdivision (b) of Section  

                 "Impervious to moisture" means a surface that prevents  
               the absorption of fluids and that can be thoroughly and  
               repeatedly sanitized, will not retain odors, and from which  
               fluids bead up and run off or can be removed without being  
               absorbed into the surface material.

                 "Intact" means an animal that retains its sexual organs  
               or ability to procreate and has not been sterilized.

                 "Person" means any individual, partnership, firm,  
               joint-stock company, corporation, association, trust,  
               estate, or other legal entity.



                                                        AB 1347 (Caballero)

                 "Pet store" means a retail establishment open to the  
               public and selling or offering for sale animals.  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.

                 "Pet store operator" or "operator" means a person who  
               owns or operates a pet store, or both.

                 "Primary enclosure" means any structure used to  
               immediately restrict an animal or animals to a limited  
               amount of space, such as a room, pen, cage, aquarium,  
               terrarium, habitat compartment or hutch, where the animal  
               or animals reside until their sale, transfer, or other  
                 "Rodent" means an animal of the order Rodentia, such as  
               a guinea pig, rat, mouse, chinchilla, or hamster.

                 "Sanitize" means to make physically clean and to  
               destroy, to the extent practical, agents injurious to  

                 "Temporary enclosure" means a confined space used by the  
               pet store to house an animal when the animal is not in its  
                                                                        primary enclosure for a period not to exceed four  
               consecutive hours.  The temporary enclosure shall allow the  
               animals to stand up, lie down, and turn around.  Any  
               enclosure used by the pet store to house an animal for  
               longer than four hours shall meet the requirements of a  
               primary enclosure.

                 "Time of sale" means the calendar date the retail  
               purchaser removes the animal from the premises of the pet  
               store following the retail sale of that animal.

                 "Transfer" means the release of an animal by its owner  



                                                        AB 1347 (Caballero)

               to another person by sale, gift, adoption, or other  
               disposition, including the exchange of animals between pet  

                 "Veterinarian" means any person who is licensed by the  
               State of California under Chapter 11 (commencing with  
               Section 4800) of Division 2, or who is exempt from  
               licensing requirements pursuant to Section 4827 of the  
               Business and Professions Code.

                 "Veterinary treatment" means treatment by or at the  
               direction of a California-licensed veterinarian.

           This bill  makes the following legislative findings:
                 It is the intent of the Legislature to establish  
               standards of care for animals in pet stores.
                 Standards of care for animals in pet stores are  
               essential to ensure the humane treatment of the animals,  
               safeguard the public, and are in the public interest.
                 The Legislature does not intend, by this act, to  
               regulate the care or handling of animals in or on farms,  
               ranches, livestock or horse auctions, livestock markets,  
               slaughtering facilities, or any place other than pet  
                 The Legislature does not intend, by regulating pet  
               stores, to classify as a pet store a person who breeds and  
               sells animals directly to the public.

           This bill  has a delayed operative date of January 1, 2009.

          California currently faces an extraordinary and severe prison  
          and jail overcrowding crisis.  California's prison capacity is  
          nearly exhausted as prisons today are being operated with a  



                                                        AB 1347 (Caballero)

          significant level of overcrowding. <1>  In addition,  
          California's jails likewise are significantly overcrowded.   
          Twenty California counties are operating under jail population  
          caps.  According to the State Sheriffs' Association, "counties  
          are currently releasing 18,000 pre and post-sentenced inmates  
          every month and many counties are so overcrowded they do not  
          accept misdemeanor bookings in any form, . . . ." <2>  In  
          January of this year the Legislative Analyst's office summarized  
          the trajectory of California's inmate population over the last  
          two decades:

              During the past 20 years, jail and prison  
              populations have increased significantly.  County  
              jail populations have increased by about 66  
              percent over that period, an amount that has been  
              limited by court-ordered population caps.  The  
              prison population has grown even more dramatically  
              during that period, tripling since the  

          The level of overcrowding, and the impact of the population  
          crisis on the day-to-day prison operations, is staggering:

              As of December 31, 2006, the California Department  
              of Corrections and Rehabilitation (CDCR) was  
              estimated to have 173,100 inmates in the state  
              prison system, based on CDCR's fall 2006  
              population projections.  However, . . . the  
              department only operates or contracts for a total  
              of 156,500 permanent bed capacity (not including  
              out-of-state beds, . . . ), resulting in a  
              shortfall of about 16,600 prison beds relative to  
              the inmate population.  The most significant bed  
              shortfalls are for Level I, II, and IV inmates, as  
          <1>  Analysis of the 2007-08 Budget Bill:  Judicial and Criminal  
          Justice, Legislative Analyst's Office (February 21, 2007).
          <2>  Memorandum from CSSA President Gary Penrod to Governor,  
          February 14, 2007.
          <3>  California's Criminal Justice System:  A Primer.   
          Legislative Analyst's Office (January 2007).



                                                        AB 1347 (Caballero)

              well as at reception centers.  As a result of the  
              bed deficits, CDCR houses about 10 percent of the  
              inmate population in temporary beds, such as in  
              dayrooms and gyms.  In addition, many inmates are  
              housed in facilities designed for different  
              security levels.  For example, there are currently  
              about 6,000 high security (Level IV) inmates  
              housed in beds designed for Level III inmates.

              . . .  (S)ignificant overcrowding has both  
              operational and fiscal consequences.  Overcrowding  
              and the use of temporary beds create security  
              concerns, particularly for medium- and  
              high-security inmates.  Gyms and dayrooms are not  
              designed to provide security coverage as well as  
              in permanent housing units, and overcrowding can  
              contribute to inmate unrest, disturbances, and  
              assaults.  This can result in additional state  
              costs for medical treatment, workers'  
              compensation, and staff overtime.  In addition,  
              overcrowding can limit the ability of prisons to  
              provide rehabilitative, health care, and other  
              types of programs because prisons were not  
              designed with sufficient space to provide these  
              services to the increased population.  The  
              difficulty in providing inmate programs and  
              services is exacerbated by the use of program  
              space to house inmates.  Also, to the extent that  
              inmate unrest is caused by overcrowding,  
              rehabilitation programs and other services can be  
              disrupted by the resulting lockdowns.<4>

          As a result of numerous lawsuits, the state has entered into  
          several consent decrees agreeing to improve conditions in the  
          state's prisons.  As these cases have continued over the past  
          several years, prison conditions nonetheless have failed to  
          improve and, over the last year, the scrutiny of the federal  
          courts over California's prisons has intensified.

          <4>  Analysis 2007-08 Budget Bill, supra, fn. 1.



                                                        AB 1347 (Caballero)

          In February of 2006, the federal court appointed a receiver to  
          take over the direct management and operation of the prison  
          medical health care delivery system from the state.   Motions  
          filed in December of 2006 are now pending before three federal  
          court judges in which plaintiffs are seeking a court-ordered  
          limit on the prison population pursuant to the federal Prison  
          Litigation Reform Act.  Medical, mental health and dental care  
          programs at CDCR each are "currently under varying levels of  
          federal court supervision based on court rulings that the state  
          has failed to provide inmates with adequate care as required  
          under the Eighth Amendment to the U.S. Constitution.  The courts  
          found key deficiencies in the state's correctional programs,  
          including:  (1) an inadequate number of staff to deliver health  
          care services, (2) an inadequate amount of clinical space within  
          prisons, (3) failures to follow nationally recognized health  
          care guidelines for treating inmate-patients, and (4) poor  
          coordination between health care staff and custody staff."<5>

           This bill  will not aggravate the prison and jail overcrowding  
          crisis outlined above.


          1.  Need for This Bill  

          According to the author:

              This bill is designed to fill a significant hole in  
              state and local law for the protection of animals sold  
              in pet stores throughout the state.  Although some large  
              cities have animal control ordinances, the primary state  
              law for the protection of animals in pet stores is  
              California Penal Code Section 597 l which gives local  
              animal control officers general authority to prosecute  
              the inhumane treatment of animals in pet stores through  
              the local judicial system as misdemeanors.  Section 597  
              l is brief and written very generally.  It is primarily  
              used for serious mistreatment of animals. California law  

          <5>  Primer, supra fn. 4.



                                                        AB 1347 (Caballero)

              does not provide detail on the daily operating practices  
              of pet stores, such as what constitutes appropriate  
              animal enclosures, feeding, watering, general health  
              veterinary treatment, record keeping and other related  
              matters.  AB 1347 fills that gap and will greatly assist  
              Animal Control Officers to seek to ensure the humane  
              treatment of animals in pet stores.

              The bill was written with a lot of help of the Animal  
              Care Enforcement Officers, through their association,  
              the California Animal Care Director's Association  
              (CACDA) to help ensure that the pet store enforcement  
              provisions of this bill fill the gaps in present law,  
              make the enforcement job easier, and give the  
              enforcement officers the discretion necessary to  
              appropriately deal with the varied types of pet care  
              enforcement issues they face on a daily basis in this  
              state.  The pet store coalition has also sought and  
              received drafting advice from the California State  
              Humane Society, the Humane Society of the United States  
              and API.

          2.  New Penalty Scheme for Pet Shop Violations  

          Existing law sets forth penalties for a pet shop which fails to  
          maintain and properly care for the animals in their care.  A  
          violation of these provisions is a misdemeanor punishable by up  
          to 90 days in county jail and/or a fine of $1,000.  (Penal Code  
           597l.)  In addition, existing law makes it a wobbler to abuse  
          any animal which includes failing to provide necessary  
          substance, drink or shelter.  (Penal Code  597.)  The  
          Lockyer-Polanco-Farr Pet Protection Act also sets up a statutory  
          scheme of civil penalties enforceable by a local prosecutor and  
          punishable by a fine up to $1,000 per violation for the  
          violation of specified requirements regarding the sale of dogs  
          and cats. (Health and Safety Code  122320 et. seq.)  Under  
          that act if a pet dealer knowingly sells a dog that is diseased,  
          ill or has a condition, any one of which requires  
          hospitalization or surgical procedures, then the pet dealer is  
          liable for a civil fine up to $1,000 for a first offense, with  



                                                        AB 1347 (Caballero)

          higher fines for a subsequent offense, plus the court has the  
          ability to prohibit the pet dealer from selling dogs for a  
          specified period of time.

          This bill creates the Pet Store Animal Care Act which sets forth  
          in detail the care a pet store must maintain in offering all  
          types of animals for sale.  It details the responsibilities of  
          the pet shop, the standards for enclosures, animal care  
          requirements, record keeping, standards keeping the animals  
          healthy including veterinary care, euthanasia standards and  
          disclosures that must be made to a person who purchases a pet.

          Under the Pet Store Animal Care Act created by this bill, an  
          enforcement scheme is set up for violations relating to the  
          responsibilities of pet stores, to the requirements regarding  
          checking enclosures daily and taking pest control measures, to  
          the requirements of housing intact animals and maintaining and  
          abiding by written animal husbandry measures and record keeping  
          relating to veterinary care.  Under the enforcement scheme  
          created to enforce these provisions, an animal control officer,  
          humane officer or peace officer shall issue a notice to correct  
          that shall specify the violation, identify the corrective action  
          for the violation and give a time period in which the action  
          shall be corrected.  A pet store owner who fails to correct the  
          action is guilty of an infraction punishable by a fine of up to  
          $250 per violation plus penalty assessments.<6>  On a third  
          violation a person is guilty of a misdemeanor subject to a fine  
          up to $1,000 plus penalty assessments per violation.<7>  If a  
          pet store is convicted of any of the other provisions in this  
          section that are not eligible for the "fix it ticket", it is  
          guilty of a misdemeanor punishable by a fine up to $1,000 per  


          <6> Because of the existing 270% penalty assessments imposed on  
          all criminal fines, a person ordered to pay a fine of $250  
          actually owes $925.
          <7> With penalty assessments a $1,000 fine is actually $3,700.

          While this bill contains language to specifically provide that a  
          person can still be prosecuted under existing statutes, a  
          question remains as to whether it is appropriate to create a  
          fine only misdemeanor for behavior that is arguably already  
          criminalized.  It is not clear on what the practical effect of a  
          misdemeanor with a low fine and no jail time will have on the  
          enforcement of this section.  It seems like a prosecuting  
          attorney would more likely opt to seek the civil penalty that  
          exists if the issue deals with dogs and cats since the fine is  
          the same.  There is also the ability to stop the shop from  
          selling the animals temporarily and the burden of proof lower.   
          If it is a more serious violation, then the existing misdemeanor  
          or wobbler may apply.  This bill does set forth very specific  
          behavior that must be followed by pet shops for all animals not  
          just dogs and cats, but it may be more appropriate to follow a  
          civil penalty similar to that in the Lockyer-Polanco-Farr Pet  
          Protection Act because the misdemeanor penalties in this bill,  
          with the fine only provision and a fine amounting to less than  
          $4,000 per occurrence may be hard to get a prosecutor to enforce  
          against a pet shop.  A civil fine with some ability to enjoin  
          the sale of the animals in question could have more impact on a  
          business.  The criminal penalties currently exist for the more  
          egregious violations.







                                                        AB 1347 (Caballero)


          3.  Requested Amendments
          The Animal Protection Institute and the Humane Society of the  
          United States request the following amendments be made.  Because  
          this bill is double-referred to the Business, Professions and  
          Economic Development Committee, if the author agrees to these  
          amendments, the bill should pass out "due pass" and the  
          amendments should be taken in BP&ED to make the deadlines:

                 On page 8, line 8 - the term "emergency veterinary care"  
               is inaccurate.  The bill should state "? emergency care,  
               veterinary treatment ?"  This is a crucial distinction as  
               there are pet stores in California which have a policy of  
               refusing to obtain veterinary care for their animals  
               regardless of how ill or injured the animals are.  Clarity  
               on this issue is vital to prevent further animal suffering.  

                 On page 9, line 30 - the term "emergency veterinary  
               care" also is inaccurate and should state instead  
               "emergency care" to ensure that animals are cared for in a  
               broader range of circumstances. 
                 On page 9, line 39, there is a typo. "Human" should be  
               corrected to "humane." 
                 On page 13, lines 1, 2 and 6, the word "owner" is  
               incorrect and should be replaced instead with "operator."   
               This is an oversight that we did not catch earlier and I  
               apologize for the oversight. 
                 On page 13, line 27, after the words "rights of animals"  
               the words "or the rights of consumers" has been left out  
               and needs to be added. 
                 On page 13, line 36, after "those sections" please add  
               "or a violation of any other local, state or federal law  
               and which is cited or prosecuted pursuant to that law.   
               This is further clarification to help ensure that existing  
               laws that apply to pet stores are not undercut or weakened  
               by AB 1347.

          The Los Angeles District Attorney's Office would like the  


                                                        AB 1347 (Caballero)

          following amendment to assure that they can continue to seek  
          criminal and civil penalties under existing statutes:

                 Page 13, line 34, after "apply" insert: "to any civil  
               violation of any other local, state law or federal law  
               which protects the rights of animals or consumers or"