BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 1347|
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                                 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





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          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.







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          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  







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          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.








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          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  







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            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  







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          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.








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          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  







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          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.








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           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  







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             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.







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          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  







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          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.







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          "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  







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          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  ****