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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Page 20
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.
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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