BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 1347| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 1347 Author: Caballero (D) Amended: 9/4/07 in Senate Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 3-0, 7/3/07 AYES: Cogdill, Margett, Ridley-Thomas NO VOTE RECORDED: Romero, Cedillo SENATE BUS., PROF. & ECON. DEV. COMMITTEE : 8-1, 7/9/07 AYES: Ridley-Thomas, Calderon, Corbett, Denham, Florez, Harman, Simitian, Yee NOES: Aanestad SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 ASSEMBLY FLOOR : 75-1, 5/24/07 - See last page for vote SUBJECT : Pet Store Animal Care Act SOURCE : PETCO DIGEST : This bill enacts the Pest Store Animal Care Act. This bill details specifically the care of animals required by a pet shop, creates penalties in addition to existing penalties to enforce those new provisions. ANALYSIS : Existing law provides that every person who maliciously and intentionally maims, mutilates, tortures, CONTINUED AB 1347 Page 2 or wounds a living animal, or maliciously and intentionally kills an animal, is guilty of an offense punishable by imprisonment in the state prison, or by a fine of not more than twenty thousand dollars ($20,000), or by both the fine and imprisonment, or, alternatively, by imprisonment in a county jail for not more than one year, or by a fine of not more than twenty thousand dollars ($20,000), or by both the fine and imprisonment. Existing law provides every person who overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary sustenance, drink, or shelter, cruelly beats, mutilates, or cruelly kills any animal, or causes or procures any animal to be so overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived of necessary sustenance, drink, shelter, or to be cruelly beaten, mutilated, or cruelly killed; and whoever, having the charge or custody of any animal, either as owner or otherwise, subjects any animal to needless suffering, or inflicts unnecessary cruelty upon the animal, or in any manner abuses any animal, or fails to provide the animal with proper food, drink, or shelter or protection from the weather, or who drives, rides, or otherwise uses the animal when unfit for labor, is, for every such offense, guilty of a crime punishable as a misdemeanor or as a felony or alternatively punishable as a misdemeanor or a felony and by a fine of not more than twenty thousand dollars ($20,000). Existing law provides that it is a misdemeanor punishable by a fine of up to $1,000 plus penalty assessments and/or up to 90 days in jail for any person who operates a pet shop to fail do all of the following: 1.Maintains the facilities used for the keeping of pet animals in a sanitary condition. 2.Provides proper heating and ventilation for the facilities used for the keeping of pet animals. 3.Provides adequate nutrition for, and humane care and treatment of, all pet animals under his or her care and control. AB 1347 Page 3 4.Takes reasonable care to release for sale, trade, or adoption only those pet animals that are free of disease or injuries. 5.Provides adequate space appropriate to the size, weight, and specie of pet animals. Existing law provides that sellers of pet animals shall provide buyers of a pet animal with general written recommendations for the generally accepted care of the class of pet animal sold, including recommendations as to the housing, equipment, cleaning, environment, and feeding of the animal. This written information shall be in a form determined by the sellers of pet animals and may include references to Web sites, books, pamphlets, videos, and compact discs. Charges against a seller of pet animals for a first violation of the provisions of this subdivision shall be dismissed if the person charged produces in court satisfactory proof of compliance. A second or subsequent violation is an infraction punishable by a fine not to exceed $250. Existing law in the Lockyer-Polanco-Farr Pet Protection Act, regulates the sale of dogs and cats by pet dealers and provides for civil penalties in the amount up to $1,000 for violations of the act. The civil penalty may be enforced by the local district attorney or city attorney. Existing law further provides that no pet dealer shall knowingly sell a dog that is diseased, ill, or has a condition, any one of which requires hospitalization or surgical procedures. In lieu of the civil penalties imposed pursuant to Section 122150, any pet dealer who violates this section shall be subject to a civil penalty of up to one thousand dollars ($1,000), or shall be prohibited from selling dogs at retail for up to 30 days, or both. If there is a second offense, the pet dealer shall be subject to a civil penalty of up to two thousand five hundred dollars ($2,500), or a prohibition from selling dogs at retail for up to 90 days, or both. For a third offense, the pet dealer shall be subject to a civil penalty of up to five thousand dollars ($5,000) or a prohibition from selling dogs at retail for up to six AB 1347 Page 4 months, or both. For a fourth and subsequent offense, the pet dealer shall be subject to a civil penalty of up to ten thousand dollars ($10,000) or a prohibition from selling dogs at retail for up to one year, or both. For purposes of this section, a violation that occurred over five years prior to the most recent violation shall not be considered. An action for recovery of the civil penalty and for a court order enjoining the pet dealer from engaging in the business of selling dogs at retail for the period set forth in this section, may be prosecuted by the district attorney for the county where the violation occurred, or the city attorney for the city where the violation occurred, in the appropriate court. This bill provides that each pet store operator shall be responsible for all the following: 1.Maintaining the entire pet store facility in good repair. 2.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. 3.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. 4.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. 5.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. 6.With respect to dogs, complying with all of the requirements of Section 122155. AB 1347 Page 5 This bill sets forth specific requirements regarding the primary enclosures of animals in pet shops including specific requirements for bird enclosures. This bill provides that primary enclosures shall be observed at least once daily, and animal and food wastes, used bedding, debris, and any other organic wastes shall be removed as necessary to prevent contamination of the animals and to reduce disease and hazards and odors. This bill provides that pest control measures shall be implemented to effectively control infestation of vermin, insects or other pests. This bill provides that the pet store operator or at least or at least one of his/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: 1.House only compatible animals in the same enclosure. 2.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. 3.Take reasonable measures to house intact mammals that have reached sexual maturity in a manner to prevent unplanned reproduction. 4.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. 5.If there is a determination that an animal may need to be euthanized, ensure that veterinary treatment is provided AB 1347 Page 6 without delay. However, if the animal is intended as food for another animal then the animal may be destroyed using a method authorized, as specified. This bill provides that each employee who performs euthanasia shall receive adequate training. This bill provides that the pet store operator shall isolate and not offer for sale, those animals that have or are suspected of having a contagious condition. This bill provides that a pet store operator shall have a documented program of routine care, preventative care, and emergency care, disease control and prevention, veterinary treatment and euthanasia that is established and maintained by the pet store, in consultation with, a licensed 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. This bill provides that the pet store operator shall ensure that each diseased, ill, or injured animal is evaluated and treated without delay. If necessary for the humane care and treatment of the animal, the animal shall be provided with veterinary treatment without delay. This bill provides that in the event of a natural disaster, an emergency evacuation, or other similar occurrence, the humane care and treatment of each animal is provided for, to the extent access to the animals is reasonably available. This bill provides that each pet store operator shall ensure that records of all veterinary visits to the pet store are documented in writing. Veterinary treatment records shall be kept for each animal or group of animals that receives medications or immunizations while in the care of the pet store. This bill specifies what the records shall include. This bill provides that the pet store shall provide to the AB 1347 Page 7 purchaser of an animal at the time of sale information concerning the store's animal return policy. This bill provides that the pet store owner shall maintain records for identification purposes of the person who purchased the animal including their name, address, and telephone number, and the date the animal was required. This bill provides that all records required under this bill shall be maintained by the pet store for two years from the date of disposition of the animal and shall be made available upon request to appropriate law enforcement officers exercising authority under this bill. This bill provides that an animal control officer, a humane officer, or a peace officer who detects specified violations under this bill shall issue a single notice to correct, which shall contain all the following information: 1.Specify each violation of this chapter found in the inspection. 2.Identify the corrective action for each violation. 3.Include a specific period of time for which the listed violation or violations must be corrected. This bill provides that after issuing a notice to correct the officer or another qualified officer shall verify compliance by conducting a subsequent investigation of the pet store within a reasonable period of time. This bill provides that an exact, legible copy of the notice to correct shall be delivered to the pet store operator at the time he or she signs the notice. In the alternative, the issuing agency may personally deliver the notice to the pet store operator within 48 hours of its issuance, excluding holidays and weekends. The signing of the notice is an acknowledgement of receipt, and does not constitute an admission of guilt. This bill provides a pet store operator who fails to comply with a notice to correct is guilty of an infraction. AB 1347 Page 8 This bill provides a pet store operator who violates the same provisions of this chapter on more than one occasion within a 12-month period, at the same location, is not eligible to receive a notice to correct, and is guilty of an infraction on the second violation, and is guilty of a misdemeanor on a third or subsequent violation. This bill provides, however, that if a pet store owner violates these provisions and by doing so, the pet store operator causes or allows harm or injury is guilty of a misdemeanor. This bill provides that violations not specified for a notice of correction are misdemeanors. This bill provides that an infraction is punishable by a fine not to exceed $250 per violation and a misdemeanor by affine not to exceed $1,000 per violation. This bill provides that a pet store shall not offer any live animal as a prize or give away any animal as an inducement to enter any contest, game, or other competition. This bill provides that a pet store shall not sell, offer for sale, trade, or barter any dog or cat that is under eight weeks of age. Notwithstanding any other provision of law, dogs or cats over eight weeks of age may be sold, offered for sale, traded, or barter only if the animal is weaned. Pet stores shall not sell any animal before it is weaned, except for animals intended to be used as food for other animals. This bill provides that nothing in this chapter shall be construed to in any way limit or affect the application or enforcement of any other law that protects animals or rights of consumers, 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 5971 of the Penal Code. Animal rights of consumers . This bill provides that nothing in this chapter limits or authorizes any act or AB 1347 Page 9 omission that violates Section 597 and 5971 of the Penal Code, or any other local, state, or federal law. The procedures set forth in this chapter shall not apply to any civil violation of any other local, state or federal law that protects or to a violation of Section 597 or 5971 of the Penal Code, which is cited or prosecuted pursuant to one or both of those section or to a violation of any other local, state or federal law that is cited or prosecuted pursuant to that law. This bill defines the following terms as specified: 1."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. 2."Animal" means any nonhuman vertebrate species housed, offered for sale or adoption, or both, in the pet store, including, but not limited to, mammals, birds, reptiles, amphibians, fish, andalso invertebrates housed, sold, or adopted as pets. 3."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. 4."Enrichment" means providing objects or activities, appropriate with the needs of the species, as well as the age, size, and condition of the animal that stimulate the animal and promote the animal's well-being. AB 1347 Page 10 5."Euthanasia" or "euthanize" means the humane destruction of an animal in compliance with the requirements set forth in paragraph (7) of subdivision (b) of Section 122354. 6."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. 7."Intact" means an animal that retains its sexual organs or ability to procreate and has not been sterilized. 8."Person" means any individual, partnership, firm, joint-stock company, corporation, association, trust, estate, or other legal entity. 9."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. 10."Pet store operator" or "operator" means a person who owns or operates a pet store, or both. 11."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. 12."Rodent" means an animal of the order Rodentia, such as a guinea pig, rat, mouse, chinchilla, or hamster. 13."Sanitize" means to make physically clean and to destroy, to the extent practical, agents injurious to health. 14."Temporary enclosure" means a confined space used by the AB 1347 Page 11 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 consecutive hours shall meet the requirements of a primary enclosure. 15."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. 16."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. 17."Veterinarian" means any person who is licensed by the State of California under Chapter 11 (commencing with Section 4800) of Division 2, or who is exempt from licensing requirements pursuant to Section 4827 of the Business and Professions Code. 18."Veterinary treatment" means treatment by or at the direction of a California-licensed veterinarian. This bill makes the following legislative findings: 1.It is the intent of the Legislature to establish standards of care for animals in pet stores. 2.Standards of care for animals in pet stores are essential to ensure the humane treatment of the animals, safeguard the public. 3.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. 4.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. AB 1347 Page 12 This bill has a delayed operative date of January 1, 2009. provides a pet store operator who fails to comply with a notice to correct is guilty of an infraction. This bill provides a pet store operator who violates the same provision of this chapter on more than one occasion within a 12-month period, at the same location, is not eligible to receive a notice to correct, and is guilty of an infraction on the second violation, and is guilty of a misdemeanor on a third or subsequent violation. This bill provides, however, that if a pet store owner violates these provisions and by doing so, the pet store operator causes or allows harm or injury to an animal, or allows an animal to be subject to an unreasonable risk of harm or injury is guilty of a misdemeanor. This bill provides that violations not specified for a notice of correction are misdemeanors. This bill provides that an infraction is punishable by a fine not to exceed $250 per violation and a misdemeanor by a fine not to exceed $1,000 per violation. This bill provides that a pet store shall not offer any live animal as a prize or give away any animal as an inducement to enter any contest, game, or other competition. This bill provides that a pet store shall not sell, offer for sale, trade, or barter any dog or cat that is under eight weeks of age. Notwithstanding any other provision of law, dogs or cats over eight weeks of age may be sold, offered for sale, traded, or bartered only if the animal is weaned. Pet stores shall not sell any animal before it is weaned, except for animals intended to be used as food for other animals. This bill provides that nothing in this chapter shall be construed to in any way limit or affect the application of any other law that protects animals or the rights of animals, including, but not limited to the Lockyer-Polanco-Farr Pet Protection Act contained in AB 1347 Page 13 Article 2 (commencing with Section 122125) of Chapter 5 of Part 6 of Division 105, or Section 597 or 597l of the Penal Code. This bill provides that nothing in this chapter limits or authorizes any act or omission that violates Section 597 and 597l of the Penal Code, or any other local, state, or federal law. The procedures set forth in this chapter shall not apply to a violation of Section 597 or 597l of the Penal Code, which is cited or prosecuted pursuant to one or both of those sections. This bill defines the following terms as specified: "Adequate space" means sufficient height and sufficient floor space for the animals to stand up, sit down and turn about freely using normal body movements without the head touching the top of the primary enclosure; lie down with limbs outstretched and exercise normal postural movement, and move about freely as appropriate for the species, age, size, and condition of the animal, and when appropriate, to experience socialization with other animals in the primary 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. "Animal" means any nonhuman vertebrate species housed, offered for sale or adoption, or both, in the pet store, including, but not limited to, mammals, birds, reptiles, amphibians, fish, andalso invertebrates housed, sold, or adopted as pets. "Disposition" means the transfer of an animal from a pet store to another location, including the sale or adoption of the animal, the return of the animal to the person who supplied the animal to the pet store, or removal from the pet store of any animal that is deceased for any reason, including euthanasia. "Enrichment" means providing objects or activities, appropriate with the needs of the species, as well as the age, size, and condition of the animal that stimulate the animal and promote the animal's well-being. AB 1347 Page 14 "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. "Impervious to moisture" means a surface that prevents the absorption of fluids and that can be thoroughly and repeatedly sanitized, will not retain odors, and from which fluids bead up and run off or can be removed without being absorbed into the surface material. "Intact" means an animal that retains its sexual organs or ability to procreate and has not been sterilized. "Person" means any individual, partnership, firm, joint-stock company, corporation, association, trust, estate, or other legal entity. "Pet store" means a retail establishment open to the public and selling or offering for sale animals. Any person who sells, exchanges, or otherwise transfers only animals that were bred or raised, or both, by the person, or sells or otherwise transfers only animals kept primarily for reproduction, shall be considered a breeder and not a pet store. "Pet store operator" or "operator" means a person who owns or operates a pet store, or both. "Primary enclosure" means any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, cage, aquarium, terrarium, habitat compartment or hutch, where the animal or animals reside until their sale, transfer, or other disposition. "Rodent" means an animal of the order Rodentia, such as a guinea pig, rat, mouse, chinchilla, or hamster. "Sanitize" means to make physically clean and to destroy, to the extent practical, agents injurious to health. "Temporary enclosure" means a confined space used by the pet store to house an animal when the animal is not in its AB 1347 Page 15 primary enclosure for a period not to exceed four consecutive hours. The temporary enclosure shall allow the animals to stand up, lie down, and turn around. Any enclosure used by the pet store to house an animal for longer than four hours shall meet the requirements of a primary enclosure. "Time of sale" means the calendar date the retail purchaser removes the animal from the premises of the pet store following the retail sale of that animal. "Transfer" means the release of an animal by its owner to another person by sale, gift, adoption, or other disposition, including the exchange of animals between pet stores. "Veterinarian" means any person who is licensed by the State of California under Chapter 11 (commencing with Section 4800) of Division 2, or who is exempt from licensing requirements pursuant to Section 4827 of the Business and Professions Code. "Veterinary treatment" means treatment by or at the direction of a California-licensed veterinarian. This bill makes the following legislative findings: 1.It is the intent of the Legislature to establish standards of care for animals in pet stores. 2.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. 3.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. 4.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. AB 1347 Page 16 This bill has a delayed operative date of January 1, 2009. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes SUPPORT : (Verified 8/20/07) PETCO (source) Pet Industry Advisory Council Animal Protection Institute Humane Society of the United States ARGUMENTS IN SUPPORT : According to the author's office, this bill is designed to fill a significant hole in state and local law for the protection of animals sold in pet stores throughout the state. Although some large cities have animal control ordinances, the primary state law for the protection of animals in pet stores is California Penal Code Section 597 l which gives local animal control officers general authority to prosecute the inhumane treatment of animals in pet stores through the local judicial system as misdemeanors. Section 597 l is brief and written very generally. It is primarily used for serous 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 bill fills that gap and will greatly assist Animal Control Officers to seek to ensure the humane treatment of animals in pet stores. The bill was written with a lot of help of the Animal Care Enforcement Officers, through their association, the California Animal Care Director's Association (CACDA) to help ensure that the pet store enforcement provisions of this bill fill the gaps in present law, make the enforcement job easier, and give the enforcement officers the discretion necessary to appropriately deal with the varied types of pet care enforcement issues they face on a daily basis in this state. The pet store coalition has also sought and received drafting advice from the California State Humane Society, the Humane Society of the AB 1347 Page 17 United States and API. ASSEMBLY FLOOR : AYES: Adams, Aghazarian, Anderson, Arambula, Bass, Beall, Benoit, Berg, Berryhill, Blakeslee, Brownley, Caballero, Charles Calderon, Carter, Cook, Coto, Davis, De La Torre, De Leon, DeSaulnier, DeVore, Duvall, Dymally, Emmerson, Eng, Evans, Feuer, Fuller, Gaines, Galgiani, Garcia, Garrick, Hancock, Hayashi, Hernandez, Horton, Houston, Huff, Huffman, Jeffries, Jones, Karnette, Keene, Krekorian, La Malfa, Laird, Leno, Levine, Ma, Maze, Mendoza, Mullin, Nakanishi, Nava, Niello, Parra, Plescia, Portantino, Price, Richardson, Sharon Runner, Ruskin, Salas, Saldana, Silva, Smyth, Solorio, Spitzer, Strickland, Swanson, Torrico, Tran, Villines, Walters, Wolk NOES: Lieu NO VOTE RECORDED: Lieber, Soto, Nunez, Vacancy RJG:do 9/4/07 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****