BILL ANALYSIS                                                                                                                                                                                                    

                                                                  AB 339
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          AB 339 (Dickinson)
          As Amended  June 25, 2013
          Majority vote
          |ASSEMBLY:  |63-10|(May 23, 2013)  |SENATE: |30-4 |(August 19,    |
          |           |     |                |        |     |2013)          |
           Original Committee Reference:    PUB. S.  

           SUMMARY  :  Prohibits a swap meet vendor, beginning January 1,  
          2016, and except as specified, from offering animals for sale  
          unless the local jurisdiction has adopted standards for the care  
          and treatment of those animals when they are present at, or  
          being transported to or from, the swap meet.  

           The Senate amendments  reduce the fine for a second or subsequent  
          violation from $1,000 to $500 and remove the enhanced penalty  
          for a first-time offender who causes or permits an animal to  
          suffer, be injured, or be placed in a situation in which the  
          animals' life or health may be endangered.
          EXISTING LAW  : 

          1)Defines "swap meet" to include a flea market or an open-air  
            market and means an event at which two or more persons offer  
            merchandise for sale or exchange and that meets one of the  
            following conditions:

             a)   A fee is charged for the privilege of offering or  
               displaying merchandise for sale or exchange;

             b)   A fee is charged to prospective buyers for parking or  
               for admission to the area where merchandise is offered or  
               displayed for sale or exchange; or,

             c)   The event is held more than six times in any 12-month  

          2)Makes it unlawful, with specified exceptions, for any person  
            to willfully sell or offer for sale, display, or give away or  
            offer to give away as part of a commercial transaction a live  
            animal on any street, highway, public right-of-way, parking  


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            lot, carnival, or boardwalk.  

          3)Makes it a wobbler, chargeable as a felony or misdemeanor,  
            punishable by imprisonment in the county jail, a fine not to  
            exceed $20,000, or both a fine and imprisonment for every  
            person who maliciously and intentionally maims, mutilates,  
            tortures, wounds or kills a living animal, except as  
            specified, or who overloads, overworks, denies sustenance,  
            cruelly beats, mutilates, or cruelly kills any animal, and  
            whoever having custody of an animal, either as owner or  
            otherwise, subjects an animal to needless suffering or  
            inflicts unnecessary cruelty upon the animal, or in any manner  
            abuses any animal, or fails to provide an animal with proper  
            food, drink, or shelter or proper protection from the weather.  

          4)Regulates, under the Lockyer-Polanco-Farr Pet Protection Act  
            (Act), the sale and care of dogs and cats by pet dealers, as  
            defined, and provides for civil penalties enforced by the  
            local district attorney or city attorney in an amount up to  
            $1,000 for violations of the Act.  Requires, in part, a pet  
            dealer to maintain facilities where dogs are kept in a  
            sanitary condition and provide adequate nutrition, potable  
            water, and space appropriate to the age, size, weight, and  
            breed of dog.  
          AS PASSED BY THE ASSEMBLY  , this bill: 

          1)Required that any local ordinance adopted to allow the sale of  
            animals at swap meets to require, at a minimum, that the swap  
            meet vendor do all of the following:

             a)   Maintain the facilities used for the keeping of animals  
               in a sanitary condition;

             b)   Provide proper heating and ventilation for the  
               facilities used for the keeping of animals;

             c)   Provide adequate nutrition for, and humane care and  
               treatment of, all animals that are under his or her care  
               and control;

             d)   Take reasonable care to release for sale, trade, or  
               adoption only those animals that are free of disease or  


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             e)   Provide adequate space appropriate to the size, weight,  
               and species of animals;

             f)   Have a documented program of routine care, preventative  
               care, emergency care, disease control and prevention, and  
               veterinary treatment and euthanasia that is established and  
               maintained by the vendor in consultation with a licensed  
               veterinarian employed by the vendor or a  
               California-licensed veterinarian, to ensure adherence to  
               the program with respect to each animal, including a  
               documented onsite visit to the swap meet premises by a  
               California-licensed veterinarian at least once a year;

             g)   Provide buyers of an animal with general written  
               recommendations for the generally accepted care of the type  
               of animal sold, including recommendations as to the  
               housing, equipment, cleaning, environment, and feeding of  
               the animal;

             h)   Present for inspection and display a current business  
               license issued by the local jurisdiction where the animals  
               are principally housed; and,

             i)   Maintain records for identification purposes of the  
               person from whom the animals offered for sale were  
               acquired, including that person's name, address, e-mail  
               address, and telephone number and the date the animals were  

          2)Provided that this bill does not apply to the sale of a  
            particular species of animal if a local jurisdiction has  
            adopted an ordinance before January 1, 2013, that applies  
            specifically to the sale of that particular species of animal  
            at swap meets.

          3)Made a swap meet vendor guilty of an infraction punishable by  
            a fine of not more than $250 if he or she offers animals for  
            sale at a swap meet without an authorizing local ordinance.   
            Makes a swap meet vendor guilty of an infraction punishable by  
            a fine of not more than $1,000 per violation if he or she a)  
            violates this provision for the first time and that violation  
            causes or permits any animal to suffer, be injured, or be  
            placed in a situation in which its life or health may be  
            endangered or b) violates this provision for a second or  


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            subsequent time.  This provision does not preclude punishment  
            under any provision of law.

          4)Provided that the prohibition against live animal sales at a  
            swap meet without an authorizing local ordinance does not  
            apply to the following:

             a)   Events held by 4-H Clubs, Junior Farmers Clubs, or  
               Future Farmers Clubs.

             b)   California Exposition and State Fair, district  
               agricultural association fairs, or county fairs.

             c)   Stockyards that are regulated under federal law.

             d)   Specified livestock for sale at public sales.

             e)   Live animal markets regulated under state law.

             f)   A public animal control agency or shelter, society for  
               the prevention of cruelty to animals shelter, humane  
               society shelter, or rescue group, as specified.

             g)   The sale of fish or shellfish, live or dead, from a  
               fishing vessel, at a pier or wharf, or at a farmer's market  
               by any licensed commercial fisherman to the public for  
               human consumption.

             h)   A cat show, dog show, or bird show providing that all of  
               the following circumstances exist:

               i)     The show is validly permitted by the city or county  
                 in which the show is held;

               ii)    Each and every participant in the show complies with  
                 all federal, state, and local animal welfare control  

               iii)   The participant has written documentation of the  
                 payment of a fee for the entry of his or her cat, dog, or  
                 bird in the show;

               iv)    The sale of a cat, dog, or bird occurs only on the  
                 premises and within the confines of the show; and,


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               v)     The show is a competitive event where the cats,  
                 dogs, or birds are exhibited and judged by an established  
                 standard or set of ideals established for each breed or  
          FISCAL EFFECT  :  According the Senate Appropriations Committee,  
          pursuant to Senate Rule 28.8, negligible state costs.

          COMMENTS  :  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 prohibit the sale of animals at  
          swap meets and flea markets to alleviate the suffering of these  
          animals, ensure that public health and safety is protected, and  
          safeguard consumers."

          The author further states that "Laws that apply to 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 animals."

          Please see the policy committee analysis for a full discussion  
          of this bill.

          Analysis Prepared by  :    Shaun Naidu / PUB. S. / (916) 319-3744