BILL ANALYSIS
AB 1122
Page 1
Date of Hearing: April 21, 2009
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Mary Hayashi, Chair
AB 1122 (Lieu) - As Amended: April 13, 2009
SUBJECT : Animal abuse: sale of live animals: flea markets.
SUMMARY : Prohibits the sale of pet animals on roadsides or in
other outdoor venues, as specified. Specifically, this bill :
1)Prohibits a commercial transaction involving a live animal on
any street, highway, public right-of-way, commercial parking
lot, or at any outdoor special sale, swap meet, flea market,
parking lot sale, carnival, or boardwalk.
2)Makes such a sale an infraction punishable by a fine not to
exceed $250.
3)Does not apply to events held by specified farmers clubs,
state or county fairs, livestock consignment sales, public
animal control agencies or shelters, rescue groups, federally
regulated stockyards, or regulated live animal markets as
specified.
EXISTING LAW proscribes animal abuse, as specified, including
the failure to maintain and care for the premises and animals at
pet shops, and generally provides that a pet store shall not
sell any dog or cat under 8 weeks of age, but may sell a dog or
cat over 8 weeks of age if the animal is weaned.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of the bill . According to the author's office, "There
is a growing concern with the sale of pets along streets and at
flea markets, swap meets, and other outdoor venues. Numerous
local governments have enacted ordinances addressing this issue
- Sacramento, Los Angeles, and San Jose Counties all currently
restrict the sale of animals at flea markets, swap meets, and
roadsides.
"In California, backyard breeding and puppy mills present a
significant problem with ensuring the health and safety of our
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animal population. Currently the result of these unregulated
and irresponsible breeding practices is the sale of young
animals on roadsides and store fronts.
"California law provides that pet stores that sell animals must
abide by animal welfare standards to protect the health and
safety of the animals. These regulations promote proper care
and treatment and reduce the risk of disease outbreaks. This
law does not apply to the sale of animals at flea markets, swap
meets, and/or roadside venues.
"Unfortunately, roadside pet sales offer low prices for designer
breeds, presenting deals that are too good to be true. Often
times these animals are sick which can result in significant
financial costs for treatment and sometimes death of the animal.
Consumers have no recourse if the animal is sick or it dies
because there is no way to track the seller."
Support . The American Society for the Prevention of Cruelty to
Animals writes in support, "There is growing evidence that pet
animals are increasingly being sold at flea markets, swap meets,
and other outdoor venues. The absence of effective regulations
has resulted in puppies, kittens and other pet animals being
sold in terrible conditions - including unsanitary crowded pens
or cages, without food and/or water, in extreme heat. This bill
would alleviate the suffering of these animals while they are
awaiting sale.
"There are also public health and safety issues posed by the
sale of animals at temporary retail venues. The Centers for
Disease Control estimates that 93,000 salmonella cases caused by
exposure to reptiles are reported each year in the U.S. And it
takes only one undetected bird, infected with psittacosis, for
example, to start an outbreak or epidemic."
Opposition . The California Swap Meet Owners Association writes
in opposition, "The Swap Meet Owners have continually argued to
be treated as other retail entities would, to create a set of
standards that we are given the opportunity to meet in order to
sell certain items, rather than a blanket prohibition of selling
an item.
"Some counties in California have already set standards and
criteria for the sale of certain items at flea markets and swap
meets, which our vendors abide by. It is our understanding that
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the sponsors of the bill want to ensure that the health and
welfare of animals are protected and that the proper treatment
and care for animals is provided - similar to the new
regulations California provides for pet stores. We agree with
this premise and would be willing to abide by criteria and
standards to ensure these protections of animals are met at our
facilities."
The Northern California Samoyed Fanciers and numerous
individuals in opposition have objected to the language of AB
1122 that makes it unlawful to display or offer for sale live
animals on streets and other specified outdoor venues stating,
"This is clearly a restraint of trade. The offer or display
could include notices being posted in grocery stores or on any
place where offers for sale or free to a good home may be
placed?. Display could mean anything from placing the animal's
picture someplace in public or placing the animal in a favorable
pose while people are watching.
Suggested technical amemdments . AB 1122 currently states, "It
shall be unlawful for any person to willfully sell, display, or
offer for sale or give away as part of a commercial transaction
a live animal on any street, highway, public right-of-way,
commercial parking lot, or at any outdoor special sale, swap
meet, flea market, parking lot sale, carnival, or boardwalk."
As written, only an offer for sale that is part of a commercial
transaction is prohibited. However, "display" could be broadly
construed and the committee suggests the following technical
amendments to clarify that only a display of a live animal as
part of a commercial transaction is prohibited.
Amendment 1
On page 2, line 3, strike out "," after display
Amendment 2
On page 2, line 4, insert "," after transaction
Related legislation . AB 241 (Nava) of 2009 makes it a
misdemeanor for an individual or business that buys or sells
dogs or cats to have more than a combined total of 50
unsterilized dogs and cats, as specified.
Previous legislation . AB 1347 (Caballero) Chapter 703, Statutes
of 2007 enacts the Pet Store Animal Care Act, which establishes
procedures for the care and maintenance of animals in the
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custody of a pet store, and places limitations on the sale or
transfer of those animals.
REGISTERED SUPPORT / OPPOSITION :
Support
California Animal Association (sponsor)
American Society for the Prevention of Cruelty to Animals
(ASPCA)
Animal Place
Born Free USA
East Bay Animal Advocates
House Rabbit Society
The Human Society
League of Humane Voters
Orange County People for Animals
Parrots First
Paw Pac
Opposition
American Herding Breed Association
California Swap Meet Owners Association
Feline Friends Internationale
Northern California Samoyed Fanciers
Numerous individuals
Analysis Prepared by : Whitney Clark / B. & P. / (916)
319-3301