BILL ANALYSIS Ó
AB 1809
Page 1
Date of Hearing: April 22, 2014
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Susan A. Bonilla, Chair
AB 1809 (Maienschein) - As Amended: April 10, 2014
SUBJECT : Dogs: health certificates.
SUMMARY : Requires a person seeking to bring a dog into
California for resale or change of ownership to obtain a health
certificate from a licensed veterinarian, dated within ten days
prior to the dog's arrival, and submit the certificate to the
county health department. Specifically, this bill :
1)Requires a person bringing or importing a dog into California
for the purpose of resale or change of ownership, to obtain a
health certificate with respect to that dog, which has been
completed by a licensed veterinarian and is dated within ten
days prior to the date on which the dog is brought into the
state.
2)Requires the person responsible for providing the health
certificate to submit it to the county health department by
electronic transmission, facsimile, or any other method
accepted by the receiving agency.
3)Accepts a completed United States Department of Agriculture
Animal and Plant Inspection Service Form 7001 (APHIS Form
7001), known as the United States Interstate and International
Certificate of Health Examination for Small Animals, as an
acceptable health certificate or a different canine health
certificate form determined by the receiving agency.
4)States that it is the responsibility of the person importing
the dog into California to send the health certificate to the
county health department where the dog is offered for sale, or
to the county of residence of the individual purchasing a dog
directly from a source outside of California.
5)Specifies that the receiving agency may use the information on
the health certificate as it deems appropriate.
6)States that these provisions shall not apply to a person who
brings a dog into the state that will not be offered for
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resale or if the ownership of the dog will not change.
7)Provides that the agency that receives the form, as specified,
may charge a fee in a reasonable amount sufficient to cover
the costs associated with receiving and processing a health
certificate.
8)States that no reimbursement is required by this bill pursuant
to the California Constitution because a local agency or a
school district has the authority to levy service charges,
fees, or assessments sufficient to pay for the program or
level of service mandated by this act, or changes the
definition of a crime.
EXISTING LAW
1)Requires a breeder to maintain a written record on the health,
status, and disposition of each dog for a period of not less
than one year after disposition of the dog, as specified.
(Health and Safety Code (HSC) Section 122055)
2)Defines "dog breeder" or "breeder" as a person, firm,
partnership, corporation, or other association that has sold,
transferred, or given away all or part of three or more
litters or 20 or more dogs during the preceding 12 months that
were bred and reared on the premises of the person, firm,
partnership, corporation, or other association. (HSC 122045)
3)Provides that if a licensed veterinarian states in writing
that within 15 days after the purchaser has taken physical
possession of a dog following the sale, the dog becomes ill,
or, if within one year after the purchaser has taken physical
possession of the dog after the sale by a breeder or dealer, a
licensed veterinarian states in writing that the dog has a
congenital or hereditary condition that adversely affects the
health of the dog, or that requires, or is likely to require,
hospitalization or nonelective surgical procedures, the dog
shall be considered unfit for sale, and a breeder or pet
dealer must provide the purchaser with specified remedies.
(HSC 122070, 122160)
4)Requires all dogs or cats received by a retail dealer, prior
to being placed with other dogs or cats, to be examined for
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sickness. Any dog or cat found to be afflicted with a
contagious disease shall be kept caged separately from healthy
animals. (HSC 122135)
5)Requires a pet dealer to maintain a written record on the
health, status, and disposition of each dog and each cat for a
period of not less than one year after disposition of the dog
or cat, as specified, and requires the records to be available
to humane officers, animal control officers, and law
enforcement officers for inspection during normal business
hours. (HSC 122145)
6)Defines "pet dealer" as a person engaging in the business of
selling dogs or cats, or both, at retail, and by virtue of the
sales of dogs and cats is required to possess a permit, as
specified, and does not apply to breeders of dogs, nor to any
person, firm, partnership, corporation, or other association,
that breeds or rears dogs on the premises of the person, firm,
partnership, corporation, or other association, that has sold,
transferred, or given away fewer than 50 dogs in the preceding
year. (HSC 122125)
7)Defines "purchaser" as a person who purchases a dog or cat
from a pet dealer without the intent to resell the animal.
(HSC 122125(c))
FISCAL EFFECT : Unknown
COMMENTS :
1)Purpose of this bill . This bill requires individuals
importing dogs into California for resale or change of
ownership to complete and file a health certificate with the
county health department, dated within ten days prior to the
dog's arrival, in order to provide local governments, animal
control agencies, and consumers with pertinent information
regarding the animal's health. The author's aim is to protect
consumers from purchasing or adopting sick animals and help
prevent dogs being imported into the state who may unknowingly
be carrying contagious diseases. This bill is sponsored by
the American Society for the Prevention of Cruelty to Animals
(ASCPA).
2)Author's statement . According to the author, "California is
currently one of only [two] states that do not require dogs to
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be inspected and issued a Certificate of Veterinarian
Inspection (CVI) or equivalent, prior to, or upon, entry into
the state. CVIs are legal documents signed by veterinarians
who have evaluated the health of dogs and can attest to the
accuracy of the information. These important documents help
protect consumers from purchasing sick dogs, and reduce the
likelihood that imported dogs bring contagious diseases into
California.
"With the increase of online sales of puppies direct to
consumers in California, there is no official document that
notifies local governments to the number of dogs entering
their jurisdiction from out of state. This makes the job of
California's animal care and control agencies even more
challenging as they do not have a complete picture of the
number of dogs entering their municipality from outside
California. Existing law merely requires that imported dogs
be healthy and have a current rabies vaccination."
3)Animal importation . In order to prevent the spread of animal
diseases across state lines, state departments of agriculture
and other state agencies have created rules and regulations
which govern the importation of livestock, companion animals,
equines, and other animals. While all states have set forth
stringent requirements for the importation and movement of
livestock, not all states have stringent requirements for the
importation of companion animals.
According to the American Veterinary Medical Association, the
majority of states require some type of "health certificate"
be provided for companion animals imported into the state, but
some exceptions are made for animals: passing through the
state for short periods of time; being transferred to
educational, scientific, or research facilities; being
transferred to veterinary care facilities; or, entering the
state for exhibitions, shows, or fairs. California only
requires that all domestic dogs be healthy, and those over
four months of age must have a certificate of current rabies
vaccination.
While there are no exact numbers on the amount of dogs
purchased over the internet or between states, according to
the Humane Society of the United States, tens of thousands of
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dogs are shipped into the U.S. from "puppy mills" in foreign
countries, purchased by people over Internet sites, and many
people who have purchased puppies and kittens online find that
these pets are sick and often die from their health problems.
Some never even knew they were dealing with someone outside of
the U.S. or that their puppy was born overseas before being
sold to a U.S. broker.
When dogs or other animals are exported outside of the state,
veterinarians in California typically complete the APHIS Form
7001. Under this bill, California consumers receiving a copy
of the certificate will be provided with more accurate
information about the health of animals acquired from
out-of-state breeders, private sale individuals, or animal
re-homers. This bill will also provide county health agencies
with important animal-related health data including a more
accurate count of the number of animals imported from other
states. AB 1809 further allows local agencies to charge a
reasonable fee to cover the costs associated with receiving
the documentation.
4)The United States Interstate and International Certificate of
Health Examination for Small Animals (APHIS Form 7001 ). The
APHIS Form 7001 is an official document issued and signed by a
licensed veterinarian providing verification that an animal,
or group of animals, was inspected and found to be healthy and
showing no signs of contagious or communicable disease on the
date of inspection. Information provided on the document
includes the type of animal, number of animals in the
shipment, breed, age, sex, color or distinctive marks, names,
address and license number of the signing veterinarian is
required. Each state determines the health requirements for
animals being transported into their state.
This information is an essential element in a disease outbreak
to identify the source of a disease and to locate potentially
exposed animals and people. The veterinary certification
section of the form contains specific statements of
importance, as well as the veterinarian contact information,
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license number and signature. Certificates are valid for use
for 30 days after animal examination.
5)Regulation of animal sales . Under current law, the
Polanco-Lockyer Pet Breeder Warranty Act, all dog breeders are
required to provide a written disclosure upon the sale of any
dog with information such as the breeder's name and address,
the dog's birth date, breed, sex, color, a veterinarian
record, and a signed statement from the breeder that the dog
has no known diseases. Any breeder who knowingly sells a
diseased dog faces a civil penalty and purchasers of dogs with
health conditions are afforded the opportunity for remedies
such as the return of the dog, compensation or replacement if
the dog passes away.
Additionally, the Lockyer-Polanco-Farr Pet Protection Act
requires pet dealers to have dogs examined by a licensed
veterinarian before they are offered for sale, and specifies
that exams must occur within five days of the dealer receiving
the dog, and every 15 days thereafter until the dog is sold.
This bill does not impact California's current law with respect
to selling, breeding or rehoming dogs inside of California.
This bill only requires that persons importing a dog into
California for purchase or change of ownership file a health
certificate prior to the dog's arrival to California. There
is no requirement that county health departments do anything
with the information, other than collect it.
Additionally, this bill does not require individuals who are
bringing dogs into California for an extended period or moving
into California to file a certificate as long as the dog is
not changing ownership.
6)Arguments in support . The ASPCA writes in support,
"California is currently one of only two states that do not
require dogs to be inspected and issued a CVI or equivalent
prior to or upon entry into the state. Existing California
law merely requires that imported dogs be healthy and have
current rabies vaccination. CVI's are legal documents signed
by veterinarians who have evaluated the health of dogs and can
attest to the accuracy of the information. These important
documents help protect consumers from purchasing sick dogs,
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and reduce the likelihood that imported dogs bring contagious
[diseases] into California."
7)Arguments in opposition . The Animal Council writes in
opposition, "In a state as large as California, dogs moving
intrastate are very similar to dogs coming from outside as to
public health risks, yet their movements would not be tracked
or recorded. There is no value to local jurisdictions in
collecting or maintaining this data for out of state dogs,
especially when compliance would be problematic for those
required to report it."
8)Suggested amendments . While the bill specifically exempts
people who bring dogs into California that will not be offered
for resale or if the ownership will not change, there may be
some confusion over the requirements for dogs brought into
California as guide dogs, or animals that are transported as a
result of natural or manmade disasters from outside of
California. The author may wish to consider the following
amendment.
On page 3, line 16, after "chapter." insert, "This chapter
does not apply to the import of any dog used for police or
military work, any guide dog as defined by Section 365.5(d)
of the Penal Code, or any dog imported as a result of a
declared emergency as established by Section 8558 of the
Government Code or an investigation by law enforcement of
an alleged violation of federal or state animal fighting or
animal cruelty laws".
On page 3, line 5, after "purchasing" add "or receiving".
On page 3, line 12, after "dog" strike "will not" and add
"is not expected to".
9)Question for the Committee . This bill currently requires a
person seeking to bring a dog into California for sale or
change of ownership to obtain and submit to local county
health departments a health information form which has been
completed and signed by a licensed veterinarian or to meet
other requirements. However, the bill fails to provide an
enforcement mechanism for non-compliance.
The author may wish to consider adding a provision to enhance
the enforcement capability of local county health departments
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against those out-of-state individuals who do not comply with
the requirements of this bill.
10)Related legislation . AB 1810 (Maienschein) of 2014, permits
a veterinarian or animal care facility to turn over an
abandoned animal to a public animal control agency or shelter
rather than euthanize it, as long as the shelter has not
refused to take the animal, and deletes the requirement that
an abandoned animal be euthanized 10 days after abandonment.
That bill is pending in Senate Judiciary Committee.
11)Previous legislation . SB 702 (Lieu) of 2011, would have
prohibited any public animal control agency or shelter,
society for the prevention of cruelty to animals shelter,
humane society shelter, or rescue group from releasing to an
owner seeking to reclaim his or her dog or cat, or selling or
giving away to a new owner, a dog or cat that has not been
microchipped, except under a specified circumstance. That
bill was vetoed by the Governor.
SB 934 (Vincent) of 2005, would have required an entity
selling or giving away of an unspayed or unneutered dog or
cat to require the adopter or purchaser to execute a written
agreement acknowledging that the dog or cat is not spayed or
neutered and agreeing that the adopter or purchaser shall be
responsible for ensuring that the dog or cat will be spayed
or neutered, as specified. That measure was referred to the
Senate Business, Professions and Economic Development
Committee but was never heard.
AB 1336 (Koretz), Chapter 181, Statutes of 2002, required pet
dealers to provide purchasers of dogs and cats written
material explaining the benefits of spay and neutering their
animals, as well as other user information regarding use of a
veterinarian and licensing their dog.
REGISTERED SUPPORT / OPPOSITION :
Support
American Society for the Prevention of Cruelty to Animals
(sponsor)
Opposition
AB 1809
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The Animal Council
Analysis Prepared by : Elissa Silva / B.,P. & C.P. / (916)
319-3301