BILL ANALYSIS                                                                                                                                                                                                    

                                                                  AB 339
                                                                  Page  1

          Date of Hearing:   May 8, 2013

                                  Mike Gatto, Chair

                   AB 339 (Dickinson) - As Amended:   May 6, 2013 

          Policy Committee:                              Public  
          SafetyVote:  6-0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No


          This bill builds on the current prohibition on selling or giving  
          away a live animal on a street, highway, parking lot, or  
          carnival, by specifying that a swap meet operator may allow the  
          sale of animals at a swap meet if the local jurisdiction has  
          adopted care and treatment standards, as specified. The bill  
          includes numerous exceptions for such cases as junior farmer  
          clubs, fairs, livestock, public animal agencies, fish on a  
          wharf, and permitted animal shows. 

          Violation would be an infraction, punishable by a fine of up to  
          $250, with repeat violations or violations that include animal  
          endangerment punishable by a fine of up to $1,000.  

          The proposed authorization to sell animals at a swap meet does  
          not apply if a local jurisdiction has adopted an ordinance prior  
          to January 1, 2013 that applies specifically to the sale of  
          animals at a swap meet."
          FISCAL EFFECT  

          Minor local law enforcement costs, offset by increased fine  


           1)Rationale  . According to the author, animals are currently  
            being sold at flea markets and swap meets in often abysmal  
            conditions where there is no legal oversight of the seller and  
            no consumer accountability. AB 339 would require swap meets  
            that sell animals to meet specified minimum care standards to  


                                                                  AB 339
                                                                  Page  2

            alleviate the suffering of these animals, ensure that public  
            health and safety is protected, and safeguard consumers.
             "Laws that apply to a pet shop do not apply to the sale of  
            animals at flea markets and swap meets. Swap meets and flea  
            markets have also historically been prime outlets for the sale  
            of smuggled birds presenting conservation, welfare and disease  
            risk concerns. The bargain-sales atmosphere of flea markets  
            and swap meets encourages impulse-buying and leads to  
            increased costs to local government for sheltering discarded  

           2)Supporters  include a long list of animal rights organizations.  
            For example, according to the American Society for the  
            Prevention of Cruelty to Animals, "Unregulated animal sales  
            are not only an animal welfare problem; they pose problems for  
            consumers and threaten public health. Many of these animals  
            are bred and raised in poor conditions, drastically increasing  
            the likelihood that the animal is sick at the time of the  
            sale?. Additionally, dogs and cats sold in this manner are  
            usually not spayed or neutered, so they increase the  
            probability of contributing to the pet overpopulation problem  
            that leads to tens of thousands of homeless animals being  
            euthanized in California every year."

           3)The most recent amendments result in a consensus bill.  Former  
            opponents, swap meet operators, have withdrawn their  
            opposition and support the compromise language. 

           4)Current law  makes animal neglect, as specified, an alternate  

           Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081