AB 339, as amended, Dickinson. Sale of animals at swap meets.
Existing law generally regulates the operation of swap meets, flea markets, and open-air markets where personal property is exchanged, sold, or offered for sale or exchange. Existing law also regulates food vendors operating at swap meets.
This bill would authorize, subject to exceptions and commencing January 1, 2016, a swap meet operator to permit a vendor to offer animals for sale at a swap meet provided the local jurisdiction has adopted certain standards for the care and treatment of those animals during the time that the animals are present at the swap meet and transported to and from the swap meet. These provisions would not apply to the sale of a particular species of animal if a local jurisdiction has adopted a local ordinance prior to January 1, 2013, that applies specifically to the sale of that particular species of animal at swap
meets. The bill would provide that a swap meet vendor who offers animals for sale at a swap meet in violation of the requirements of this bill would be guilty of an infraction punishable by a fine not to exceed $250 for the first violation,
begin delete or, if the animal suffers or is endangered,end delete or for a 2nd or subsequent violation, a fine not to exceed $1,000. By creating new crimes, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Chapter 10 (commencing with Section 122370)
2is added to Part 6 of Division 105 of the Health and Safety Code,
A swap meet operator may permit a vendor to offer
8animals for sale at a swap meet provided the local jurisdiction has
9adopted standards for the care and treatment of those animals
10during the time that the animals are present at the swap meet and
11transported to and from the swap meet. This chapter does not apply
12to the sale of a particular species of animal if a local jurisdiction
13has adopted a local ordinance prior to January 1, 2013, that applies
14specifically to the sale of that particular species of animal at swap
Any ordinance adopted pursuant to Section 122370
17shall, at a minimum, require the swap meet vendor to do all of the
19(a) Maintain the facilities used for the keeping of animals in a
21(b) Provide proper heating and ventilation for the facilities used
22for the keeping of animals.
23(c) Provide adequate nutrition for, and humane care and
24treatment of, all animals that are under his or her care and control.
P3 1(d) Take reasonable care to release for sale, trade, or adoption
2only those animals that are free of disease or injuries.
3(e) Provide adequate space appropriate to the size, weight, and
4species of animals.
5(f) Have a documented program of routine care, preventative
6care, emergency care, disease control and prevention, and
7veterinary treatment and euthanasia that is established and
8maintained by the vendor in consultation with a licensed
9veterinarian employed by the vendor or a California-licensed
10veterinarian, to ensure adherence to the program with respect to
11each animal. The program shall also include a documented onsite
12visit to the swap meet premises by a California-licensed
13veterinarian at least once a year.
14(g) Provide buyers of an animal with general written
15recommendations for the generally accepted care of the type of
16animal sold, including recommendations as to the housing,
17equipment, cleaning, environment, and feeding of the animal. This
18written information shall be in a form determined by the vendor
19and may include references to Internet Web sites, books, pamphlets,
20videos, and compact discs.
21(h) Present for inspection and display a current business license
22issued by the local jurisdiction where the animals are principally
24(i) Maintain records for identification purposes of the person
25from whom the animals offered for sale were acquired, including
26that person’s name, address, e-mail address, and telephone number
27and the date the animals were acquired.
(a) (1) A swap meet vendor who offers animals for
29sale at a swap meet in a local jurisdiction that has not adopted an
30ordinance authorizing that sale, is guilty of an infraction punishable
31by a fine not to exceed two hundred fifty dollars ($250).
32(2) A swap meet vendor who
begin delete (A) violates paragraph (1) for the
33first time and by that violation either causes or permits any animal
34to suffer or be injured, or causes or permits any animal to be placed
35in a situation in which its life or health may be endangered, or (B)end delete
36 violates paragraph (1) for a second or subsequent time, is guilty
37of an infraction punishable by a fine not to exceed one thousand
38dollars ($1,000) per violation. The court shall weigh the gravity
39of the violation in setting the amount of the fine.
P4 1(3) Nothing in paragraph (2) shall preclude punishment under
2any other provision of law, including, but not limited to, laws
3prohibiting the abuse or neglect of animals in the Health and Safety
4Code or the Penal Code.
5(b) A notice describing the charge and the penalty for a violation
6of this section may be issued by any peace officer, animal control
7officer, as defined in Section 830.9, or humane officer qualified
8pursuant to Section 14502 or 14503 of the Corporations Code.
This chapter shall not apply to the following:
10(a) Events held by 4-H Clubs, Junior Farmers Clubs, or Future
12(b) The California Exposition and State Fair, district agricultural
13association fairs, or county fairs.
14(c) Stockyards with respect to which the Secretary of the United
15States Department of Agriculture has posted notice that the
16stockyards are regulated by the federal Packers and Stockyards
17Act of 1921 (7 U.S.C. Sec. 181 et seq.).
18(d) The sale of cattle on consignment at any public cattle
19market, the sale of sheep on consignment at any public sheep sales
20market, the sale of swine on consignment at any public swine sales
21market, the sale of goats on consignment at any public goat sales
22market, and the sale of equines on consignment at any public
23equine sales market.
24(e) Live animal markets regulated under Section 597.3 of the
26(f) A public animal control agency or shelter, society for the
27prevention of cruelty to animals shelter, humane society shelter,
28or rescue group regulated under Division 14 (commencing with
29Section 30501) of the Food and Agricultural Code. For purposes
30of this section, “rescue group” is a not-for-profit entity whose
31primary purpose is the placement of dogs, cats, or other animals
32that have been removed from a public animal control agency or
33shelter, society for the prevention of cruelty to animals shelter, or
34humane society shelter, or that have been surrendered or
35relinquished to the entity by the previous owner.
36(g) The sale of fish or shellfish, live or dead, from a fishing
37vessel or registered aquaculture facility, at a pier or wharf, or at a
38farmer’s market by any licensed commercial fisherman or an owner
39or employee of a registered aquaculture facility to the public for
P5 1(h) A cat show, dog show, or bird show, provided that all of the
2following circumstances exist:
3(1) The show is validly permitted by the city or county in which
4the show is held.
5(2) The show’s sponsor or permittee ensures compliance with
6all federal, state, and local animal welfare and animal control laws.
7(3) The participant has written documentation of the payment
8of a fee for the entry of his or her cat, dog, or bird in the show.
9(4) The sale of a cat, dog, or bird occurs only on the premises
10and within the confines of the show.
11(5) The show is a competitive event where the cats, dogs, or
12birds are exhibited and judged by an established standard or set of
13ideals established for each breed or species.
14(i) A pet store as defined in subdivision (i) of Section 122350.
begin delete andend delete aquatic trade show, provided all of the
16following circumstances exist:
17(1) The show is validly permitted by the city or county in which
18the show is held.
19(2) The show’s sponsor or permittee ensures compliance with
20all federal, state, and local animal welfare and animal control laws.
This chapter shall become operative on January 1,
No reimbursement is required by this act pursuant to
24Section 6 of Article XIII B of the California Constitution because
25the only costs that may be incurred by a local agency or school
26district will be incurred because this act creates a new crime or
27infraction, eliminates a crime or infraction, or changes the penalty
28for a crime or infraction, within the meaning of Section 17556 of
29the Government Code, or changes the definition of a crime within
30the meaning of Section 6 of Article XIII B of the California