BILL ANALYSIS                                                                                                                                                                                                    







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          |Hearing Date:July 9, 2007      |Bill No:AB                |
          |                               |1347                      |
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               SENATE COMMITTEE ON BUSINESS, PROFESSIONS AND ECONOMIC  
                                     DEVELOPMENT
                          Senator Mark Ridley-Thomas, Chair

                       Bill No:        AB 1347Author:Cabellero
                       As Amended:June 27, 2007 Fiscal:   Yes
          
          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 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.  Provides for a  
          "notice to correct" and monetary misdemeanor penalties for  
          specified violations of this Act.

          Existing law, the  Penal Code  :

          1)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.

          2)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.

          3)Requires for pet shops, as defined, to do all of the  
            following:

             a)   Maintain sanitary pet housing facilities.

             b)   Provide proper heating and ventilation for housing  





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               facilities.

             c)   Provide adequate nutrition and humane care and  
               treatment of pet animals.

             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 species of pet animals.

             f)   Provides that any person who violates a) through e)  
               is guilty of a misdemeanor and a fine not exceeding  
               $1,000, or by imprisonment in county jail not  
               exceeding 90 days, or by both a fine and imprisonment.
             g)   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, and provides that a violation of this  
               provision will be dismissed if adequate proof of  
               compliance is provided but that a subsequent violation  
               is an infraction punishable by a fine not to exceed  
               $250.

          4)Provides that any 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 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.

          5)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 and by a fine  
            of not more than $20,000.





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          6)Provides that any person who keeps an animal confined in  
            an enclosed area shall provide it with adequate exercise  
            and that if the animal is restricted by a leash, rope, or  
            chain, the leash, rope, or chain shall be affixed in such  
            a way that it will prevent the animal from becoming  
            entangled or injured and permit the animal's access to  
            adequate shelter, food and water, and violation of this  
            provision constitutes a misdemeanor.

          7)Prohibits a pet shop from selling an unweaned bird, as  
            defined, and provides that a violation of this  
            requirement shall be subject to a civil penalty of up to  
            $1,000 per violation and that the action may be  
            prosecuted by the district attorney or the city attorney  
            where the violation occurred.

          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 or rabbit, and violation of this  
            provision constitutes a misdemeanor.

          Existing law, the  Health and Safety Code  :

          1)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, and is required to possess a  
            permit pursuant to Section 6066 of the Revenue and  
            Taxation Code.



          2)Requires pet dealers to do all of the following:

             a)   Maintain sanitary facilities for dogs.

             b)   Provide dogs with adequate nutrition and potable  
               water.

             c)   Provide adequate space appropriate to that dog.

             d)   Provide dogs housed on wire flooring with a rest  
               board, floormat, or similar device that can be  





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               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. 

             g)   Provide veterinary care, without delay, when  
               necessary.

             h)   Not be in possession of a dog that is less than  
               eight weeks old.

          3)Provides that any pet dealer that knowingly sells a dog  
            that is diseased, ill, or has a condition which requires  
            hospitalization or surgical procedures shall be subject  
            to a civil penalty of up to $1,000, or prohibited from  
            selling dogs at retail for up to 30 days;  for a second  
            offense, a civil penalty of up to $2,500, or prohibition  
            from selling dogs for 90 days;  for a third offense, a  
            civil penalty of up to $5,000, or prohibition from  
            selling dogs for six months; and, for a fourth or  
            subsequent offense, a civil penalty of up to $10,000, or  
            prohibition from selling dogs for one year.  

          4)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 certain information  
            regarding the breeder, the animal, medical history, for  
            dogs a record of veterinarian treatment, a statement that  
            the dog is free from disease or a record of any known  
            disease.

          5)Requires at the time of sale, the purchaser of a dog and  
            the pet dealer selling the dog, to sign a written  
            statement acknowledging receipt and accuracy of the  
            information contained on the DCA form.

          6)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  





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            consumer or prospective 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. 

          7)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. 

          This bill:

          1)Provides that each pet store operator shall be  
            responsible for all the following:

             a)   Maintaining the entire pet store facility in good  
               repair.

             b)   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 escaped.

             c)   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 maintained.

             d)   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 animals.

             e)   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.

             f)   With respect to dogs, complying with all of the  
               requirements of the Health and Safety Code.






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          2)Sets forth specific requirements regarding the primary  
            enclosures of animals in pet shops including specific  
            requirements for cat and bird enclosures.

          3)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, hazards and odors.

          4)Provides that pest control measures shall be implemented  
            to effectively control infestation of vermin, insects or  
            other pests.

          5)Provides that the pet store operator or at least one 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:

             a)   House only compatible animals in the same  
               enclosure.

             b)   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.

             c)   Take reasonable measures to house intact mammals  
               that have reached sexual maturity in a manner to  
               prevent unplanned reproduction.

             d)   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.

             e)   Make the determination as to whether an animal  
               shall be destroyed and ensure that the destruction of  





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               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.

          6)Provides that each employee who performs euthanasia shall  
            receive adequate training.

          7)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.

          8)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.

          9)Provides that the pet store operator shall ensure that  
            each diseased, ill, or injured animal is evaluated and  
            treated without delay and, if necessary for the humane  
            care and treatment of the animal, for the animal to be  
            provided with veterinary treatment without delay.

          10)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.

          11)Provides that each pet store operator shall ensure that  
            records of all veterinary visits to the pet store are  
            documented in writing; that veterinary treatment records  
            shall be kept for each animal or group of animals that  





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            receives medications or immunizations while in the care  
            of the pet store; and, specifies what the records shall  
            include.

          12)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.

          13)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.

          14)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.

          15)Provides that an animal control officer, a humane  
            officer, or a peace officer who detects  specified  
            violations  under this chapter (including violations  
            involving the maintenance of the pet store and animal  
            enclosures, maintaining animal husbandry procedures and   
            veterinary records, or providing required information to  
            the consumer such as the store's return policy) shall  
            issue a  single notice to correct  
          ("fix-it" ticket), which shall contain all the following  
            information:

             a)   Specify each violation of this chapter found in the  
               inspection.

             b)   Identify the corrective action for each violation.

             c)   Include a specific period of time for which the  
               listed violation or violations must be corrected.

          16)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.





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          17)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.

          18)Provides a pet store operator who fails to comply with a  
            notice to correct is guilty of an infraction and provides  
            that if a pet store operator violates the same  
            requirements  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.

          19)Provides, however, that if a pet store owner violates  
            these provisions and by doing so 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  
            misdemeanor.

          20)Provides that violations not specified for a notice of  
            correction are misdemeanors.

          21)Provides that an infraction is punishable by a fine not  
            to exceed $250 per violation and a misdemeanor by a fine  
            not to exceed $1,000 per violation.

          22)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.

          23)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, and 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.  Specifies that pet stores shall not sell any  
            animal before it is weaned, except for animals intended  
            to be used as food for other animals.






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          24)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.

          25)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 and that 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 sections.

          26)Defines the following terms as specified:

             a)   "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 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.

             b)   "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, and also  
               invertebrates housed, sold, or adopted as pets.

             c)   "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.

             d)   "Enrichment" means providing objects or activities,  





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               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.

             e)   "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 122354 of the Health and  
               Safety Code.

             f)   "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.

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

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

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

             aa)  "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 disposition.

             bb)  "Rodent" means an animal of the order Rodentia,  
               such as a guinea pig, rat, mouse, chinchilla, or  





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               hamster.

             cc)  "Sanitize" means to make physically clean and to  
               destroy, to the extent practical, agents injurious to  
               health.

             dd)  "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.

             ee)  "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.

             ff)  "Transfer" means the release of an animal by its  
               owner to another person by sale, gift, adoption, or  
               other disposition, including the exchange of animals  
               between pet stores.

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

          27)Makes the following legislative findings:

             a)   It is the intent of the Legislature to establish  
               standards of care for animals in pet stores.

             b)   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.

             c)   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 stores.

             d)   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.





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          28)Has a delayed operative date of January 1, 2009.


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee analysis, dated May 9, 2007, there would be  
          nonreimbursable costs to local governments for enforcement,  
          offset to some extent by fine revenues.

          COMMENTS:

          1.Purpose.  This measure is sponsored  by PETCO  ,  PetSmart   
            and the  Pet Industry Advisory Council  .  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.  As indicated  
            by the Author, Section 597 l is brief and written very  
            generally.  It is primarily used for serious mistreatment  
            of animals.  California law 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.  This measure fills  
            that gap and will greatly assist Animal Control Officers  
            to seek to ensure the humane treatment of animals in pet  
            stores.

          The Author also states that this bill was written with a  
            lot of help of the Animal Care Enforcement Officers,  
            through their association, and the California Animal Care  
            Director's Association 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 the  
            Animal Protection Institute.





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          2.Background.  The federal Animal Welfare Act 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  
            a 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, as provided in this  
            analysis, 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 hearing  
            and ventilation in the enclosures housing animals.   
            Additionally, under the Health and Safety Code, as  
            provided in this analysis, the pet shop owner must take  
            reasonable care to sell only animals that are disease and  
            injury free.  However, these additional requirements,  
            such as veterinary care, recordkeeping, animal  
            information provided to customers, limits on age and size  
            for weaning and sale only pertain to cats and dogs for  
            the most part and more recently for birds sold in pet  
            shops.

          The  Animal Protection Institute  (API) indicates that the  
            laws governing the care and treatment of animals in pet  
            stores are vague and include loopholes resulting in  
            animals suffering from injury and illness due to lack of  
            veterinary treatment, spotty sanitation, and overcrowded  
            housing.  The existing laws also places public health and  
            consumer protection at risk due to the lack of detailed  
            standards.  According to the API, twenty-seven states and  
            the District of Columbia have enacted laws that establish  
            humane care standards for animals kept in pet stores, and  
            while California's existing laws compare favorably to  
            those enacted in many other states, a recent  
            investigation by the API revealed weaknesses.  The API  
            argues that in their study of pet shops, they found  
            existing statutes governing veterinary treatment to be  
            vague and difficult to enforce, that several of the  





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            protections are limited to dogs and cats, and that  
            housing, sanitation, and veterinary laws needed to be  
            strengthened.  In an internal undercover investigation of  
            California pet shops conducted by API in the spring of  
            2005, they found that, among other things, that 64% of  
            stores surveyed failed to provide required written  
            documentation on animal care and housing requirements to  
            consumers.  Further, API found that many of the state's  
            laws fail to provide sufficient protection for animals.   
            For example, API found 32% of stores keeping animals in  
            cages with unsanitary conditions, and 25% of stores not  
            providing sanitary food or water.

          There was also other evidence of pet store problems.  A  
            2002 California Superior Court case in which the city and  
            county of San Francisco brought charges against PETCO for  
            failing to comply with numerous animal welfare citations.  
             Between 1999 and 2002 the San Francisco Department of  
            Animal Care and Control issued numerous notices and  
            citations to PETCO for various offenses, including  
            failure to provide veterinary treatment, placing animals  
            in freezers as a euthanasia practice, overcrowding  
            animals in cages, failing to provide water, overheating  
            animals and selling sick animals.

          Legislation from last year,  AB 2862  (Ridley-Thomas),  
            attempted to address this disparity in the law.  It was  
            sponsored by the API and had wide support by other animal  
            groups and organizations as well as animal control  
            agencies, humane societies and local SPCA's.  The bill  
            was intended to establish clear care standards for  
            animals in pet stores and provide needed enforcement  
            tools for animal control agencies.  This measure was,  
            however, opposed by PETCO and the PIJAC.  They argued  
            that existing laws already provide for tough penalties in  
            cases of abuse or neglect and that the bill was overly  
            restrictive and created inappropriate standards,  
            burdensome record keeping requirements, and ambiguous  
            housing and care requirements.  The bill was gutted in  
            this Committee to require the Department of Consumer  
            Affairs to adopt pet store regulations and was ultimately  
            vetoed by the Governor.

          Over the past year, the sponsors of this measure have  
            indicated that they have been working cooperatively with  
            all concerned parties including API, the humane society,  





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            the SPCA, animal control agencies and others to come to  
            agreement on the requirements and standards, as well as  
            the enforcement provisions of this measure and seem close  
            to having reached agreement on what will constitute the  
            appropriate care and humane treatment of animals in pets  
            stores throughout California.

          According to the sponsors, 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 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 sponsors have  
            also sought and received drafting advice from the  
            California State Human Society, the Humane Society of the  
            United States and the API. 

          3.Arguments in Support.  According to the sponsors, this  
            measure is carefully written and designed to improve the  
            existing laws with respect to protecting all animals sold  
            in pet stores throughout the state.  This bill is written  
            as a guide for pet store's daily animal-care practices,  
            such as requirements for housing, feeding, watering and  
            medical treatment.  The Sponsors believe that having  
            these details in statute will make animal care laws  
            easier to enforce and to abide by.  This bill provides  
            discretion by allowing animal control officers to issue a  
            "fix-it" ticket process whereby the enforcement officer  
            may issue a notice or correction which specifies the  
            alleged violation, identifies the corrective action that  
            must be taken for each violation, and includes a specific  
            time period for the store to correct the problem.  If the  
            store fails to correct problems, or in cases of serious  
            problems, the officers may employ a variety of corrective  
            actions, including infraction citations or initiating  
            criminal action under the Penal Code.  The "fix-it"  
            ticket process will provide enforcement officers an  
            additional tool for attaining corrective action for  
            minor, non-animal abuse violations of the law.  This bill  
            is not intended in any way to alter or remove any  
            sanctions that currently exist in California law.  

          The sponsors also believe this measure contains  





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            understandable requirements for animal welfare, provides  
            appropriate enforcement discretion and matches  
            animal-care requirements to the needs of the species.  It  
            is a measure that many animal specialists, veterinarians,  
            enforcement personnel, animal welfare advocates, and  
            retail professionals spent considerable time crafting and  
            that will eventually be used as a template for other  
            states with respect to the welfare of animals sold in pet  
            stores.    

          4.Arguments in Opposition.  The arguments in opposition to  
            this measure were prior to the recent amendments of June  
            27, 2007.  There may still be some technical concerns  
            with some provisions of this measure, however, there only  
            appears to be just a few animal organizations that have  
            concerns with the bill in its current form.

          5.Amendments Accepted in Public Safety Committee.  This  
            measure was heard in Senate Public Safety Committee on  
            July 3, 2007, and was passed out of that Committee with a  
            3-0 vote.  The following amendments were accepted by the  
            Author in that Committee and will be taken as amendments  
            in the Senate Business, Professions and Economic  
            Development Committee:

             a)   On page 8, line 8 - the term "emergency veterinary  
               care" is inaccurate.  The bill should state "emergency  
               care, veterinary treatment."  According to the Public  
               Safety Committee, 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.

             b)   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.

             c)   On page 9, line 39, there is a typo, "Human" should  
               be corrected to "humane."

             d)   One page 13, lines 1, 2 and 6, the word "owner" is  
               incorrect and should be replaced instead with  
               "operator." 





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             e)   On page 13, line 27, after the words "rights of  
               animals" the words "or the right of consumers" has  
               been left out and needs to be added into this  
               provision.

             f)   On page 13, line 36, after "those sections" add "or  
               a violation of any other local, state or federal law  
               and which is cited or prosecuted pursuant to that  
               law."  According to the Public Safety Committee, this  
               is further clarification to help ensure that existing  
               laws that apply to pet stores are not undercut or  
               weakened by this measure.

             g)   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."  According to the Public Safety  
               Committee this amendment was requested by the Los  
               Angeles District Attorney's Office to assure that they  
               can continue to seek criminal and civil penalties  
               under existing statutes. 

          6.New Penalty Scheme for Pet Shop Violations:  Suggested  
            Amendments.
          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 Section 597l].  In  
            addition, existing law makes it a wobbler to abuse any  
            animal which includes failing to provide necessary  
            substance, drink or water [Penal Code Section 597].  The  
            Lockyer-Polanco-Farr Pet Protection Act also sets a  
            statutory scheme of civil penalties enforceable by a  
            local prosecutor and punishable by a fine up to $1,000  
            per violation of specified requirements regarding the  
            sale of dogs and cats [Health and Safety Code Section  
            122320 et seq.].  Under this act, if a pet dealer  
            knowingly sells a dog that is diseased, ill or has a  
            condition, then the pet dealer is liable for a civil fine  
            up to $1,000 for a first offense, with higher fines for  
            subsequent offenses, plus the court has the ability to  
            prohibit the pet dealer from selling dogs for a specified  
            period of time.






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          This bill 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 this measure, the Pet Store Animal Care Act (Act), 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 some of these provisions, an animal control  
            officer, humane officer or peace officer can issue a  
            notice to correct the violation and give a time period in  
            which the violation shall be corrected.  A pet store who  
            fails to correct the action is guilty of an infraction  
            punishable by a fine of up to $250 per violation plus  
            penalty assessments.  On a  third violation  , a the pet  
            store owner is guilty of a misdemeanor subject to a fine  
            of $1,000 plus penalty assessments per violation.  If the  
            pet store is convicted of any of the other provisions in  
            the Act that are not eligible for the "fix it ticket,"  
            they are guilty of a misdemeanor punishable by a fine up  
            to $1,000 per violation.  Because of the existing 270%  
            penalty imposed on all criminal fines, a person ordered  
            to pay a fine of $250 actually owes $925.  With penalty  
            assessments a $1,000 fine is actually $3,700.

          While the bill contains language to specifically provide  
            that a person can still be prosecuted under existing  
            statutes, there are still certain sections which are  
            referenced in this measure that pertain to the  
            Lockyer-Polonco-Farr Pet Protection Act (Pet Protection  
            Act) and which could fall under the "fix it ticket"  
            provision, or possibly the misdemeanor provision of this  
            new law, rather than under the more serious penalty  
            provisions which would apply under the Pet Protection  
            Act.

          Committee staff suggests the following amendments to assure  





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            that those penalties for violations pertaining the Pet  
            Protection Act would not be circumscribed by the "fix it  
            ticket" provision or the misdemeanor provision of this  
            Act:

             a)   On page 6, line 7 and 8, would indicate that any  
               violations pursuant to Section 122155 of the Health  
               and Safety Code would not be applicable to Section  
               122356 (the "fix it ticket" provision), or Section  
               122358 (misdemeanor provision).   

             b)   On page 10, lines 36 to 40, would indicate that any  
               violations pursuant to Sections 122140, 122190, and  
               122310 of the Health and Safety Code would not be  
               applicable to Section 122356 (the "fix it ticket"  
               provision), or Section 122358 (misdemeanor provision).

             c)   On page 8, line 5, would clarify that use of the  
               term "abide" when it pertains to animal husbandry  
               procedures, as specified, would not be applicable to  
               Section 122356 (the "fix it ticket" provision), or  
               Section 122358 (misdemeanor provision) where there are  
               other local, state or federal laws which would apply.

          7.Other Technical Clarifying Amendments.

             a)   On page 9, line 33, use of the term "veterinarian  
               employed by the pet store" does not indicate licensure  
               of the veterinarian either in another state or in  
               California.  Would insert the term "licensed" before  
               "veterinarian."

             b)   On page13, line 26, after the term "application"  
               insert "or enforcement" regarding the laws that  
               pertain to the Pet Protection Act. 

             c)   On page 13, lines 18 and 25, should delete the term  
               "Notwithstanding" and instead state, "Except as  
               otherwise provided in"   This is to assure that the  
               penal code sections and the provisions, therein, would  
               apply under all circumstances and would not be  
               effected by this new Act. 

           NOTE  :  Double-referral to Public Safety Committee (first),  
          and passed that Committee on July 2, 2007 with a 3-0 vote.
          





                                                                    AB 1347
                                                                     Page 21



          
          SUPPORT AND OPPOSITION:
          
           Support:  

          PETCO (Sponsor)
                                                                                      Pet Industry Joint Advisory Committee (Sponsor)
          PetSmart (Sponsor)
          California Alliance for Consumer Protection

            Opposition:  (Prior to the June 27, 2007 Amendments)

           Animal Protection Institute
           Berkeley-East Bay Humane Society
           Central California SPCA
           Human Society of Ventura County
           Pasadena Humane Society & SPCA
           Paw Pac
           Penisula Humane Society & SPCA
           Pets in Need
           Political Animals
           Riverside Humane Society Pet Adoption Center
           Sacramento SPCA
           San Diego Humane Society and SPCA
           spcaLA
           SPCA of Monterey County
           State Humane Association of California

            Opposition  :  (Opposed as Amended on June 27, 2007)

          Political Animals



          Consultant:Bill Gage