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 AB 1809 Page 2 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 AB 1809 Page 3 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 AB 1809 Page 4 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 AB 1809 Page 5 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, AB 1809 Page 6 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, AB 1809 Page 7 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 AB 1809 Page 8 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 Page 9 The Animal Council Analysis Prepared by : Elissa Silva / B.,P. & C.P. / (916) 319-3301