BILL ANALYSIS                                                                                                                                                                                                    







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        |Hearing Date:June 23, 2014         |Bill No:AB                         |
        |                                   |1809                               |
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                      SENATE COMMITTEE ON BUSINESS, PROFESSIONS 
                               AND ECONOMIC DEVELOPMENT
                              Senator Ted W. Lieu, Chair
                                           

                       Bill No:        AB 1809Author:Maienschein
                         As Amended:June 9, 2014  Fiscal: Yes

        
        SUBJECT:  Dogs: health certificates. 
        
        SUMMARY:  Requires a person seeking to bring a dog into California for  
        resale or change or 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 as  
        specified.

        Existing law:
        
        1)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(b))

        2)Defines "purchaser" as a person who purchases a dog or cat from a  
          pet dealer without the intent to resell the animal.  (HSC   
          122045(c), 122125(c))

        3)Requires every breeder of dogs to deliver to each purchaser of a dog  
          a written disclosure containing specified information including any  
          information regarding the health, status and disposition of the dog.  
           (Health and Safety Code (HSC)  122050)

        4)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. 
        (HSC  122055)





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        5)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, 122090, 122160)

        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)Requires all dogs or cats received by a retail dealer, prior to  
          being placed with other dogs or cats, to be examined for sickness.   
          Any dog or cat found to be afflicted with a contagious disease shall  
          be kept caged separately from healthy animals. (HSC  122135)

        8)Requires pet dealers to provide to the purchaser of each dog and cat  
          at the time of sale a written statement in a standardized form  
          prescribed by the Department of Consumer Affairs, containing certain  
          information regarding the breeder, the animal, medical history, for  
          dogs a record of veterinarian treatment, a statement that the dog is  
          free from disease or a record of any known disease.  (HSC  122140)

        9)Requires at the time of sale, the purchaser of a dog and the pet  
          dealer selling the dog, to sign a written statement acknowledging  
          receipt and accuracy of the information contained on the DCA form.   
          (Id.) 

        10)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)





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        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)Provides that completion of a 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, may be used for  
          purposes of obtaining a health certificate or a different canine  
          health certificate form may be used as determined by the receiving  
          agency.

        4)Provides 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 resale or if the  
          ownership of the dog is not expected to change. 

        7)States that these provisions shall not apply to the import of a dog  
          used for law enforcement or military work, a guide dog, as defined,  
          or a dog imported as a result of a declared emergency, as specified,  
          or an investigation by law enforcement of an alleged violation of  
          state or federal animal fighting or animal cruelty laws.

        8)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. 

        9)Makes a violation of any of the provisions an infraction punishable  





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          by a fine not to exceed two hundred and fifty dollars ($250) for  
          each dog for which a violation has occurred, but that in lieu of  
          punishment, an authorized animal control personnel may issue a  
          correction warning to a person who violates any of the provisions,  
          unless the violation endangers the health or safety of the animal,  
          the animal has been wounded as a result of the violation, or a  
          correction warning has previously been issued to the individual.   
          Specifies that the correction warning shall require the person to  
          correct the violation. 


        FISCAL EFFECT:  This measure has been keyed "fiscal" by Legislative  
        Counsel.  According to the Assembly Appropriations Committee analysis  
        dated May 14, 2014, this bill has negligible state fiscal effect. The  
        bill does not require local agencies to do anything with the received  
        documents.  

        To the extent local agencies occur additional costs to analyze or  
        further investigate the documents, costs would not be reimbursable.   
        If costs were incurred, the bill allows local agencies to charge a fee  
        to cover their costs of receiving and processing documentation.  

        
        COMMENTS:
        
        1.Purpose.  This measure is sponsored by the  American Society for the  
          Prevention of Cruelty to Animals  (ASPCA).  According to the  
          Sponsors, California is currently one of the only two states that do  
          not require dogs to be inspected and issue a "Certificate of  
          Veterinarian Inspection" (CVI) or its equivalent, prior to or upon  
          entry into the state.  

        The Sponsors further state that CVIs are legal documents signed by a  
          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." 
         






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        2.Background. 

           a)   Problems with 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 (1) animals passing through the state for  
             short periods of time, (2) being transferred to educational,  
             scientific, or research facilities, 
           (3) being transferred to veterinary care facilities, or (4)  
             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.

           According to the Humane Society of the United States, while there  
             are no exact numbers on the amount of dogs purchased over the  
             internet or between states, tens of thousands of dogs are shipped  
             into the U.S. from "puppy mills" in foreign countries or  
             purchased by people over Internet sites.  Many people who have  
             purchased puppies and kittens online find that these pets are  
             sick and often die from their health problems.  Some consumers  
             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.  
           This measure further allows local agencies to charge a reasonable  
             fee to cover the costs associated with receiving the  





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             documentation.

           b)   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 considered 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  
             regarding the veterinarian's examination, as well as the  
             veterinarian contact information, license number and signature.   
             Certificates are valid for use for 30 days after animal  
             examination.

           c)   This Measure Not in Conflict with Current Regulation of Animal  
             Sales.  Under current law, the Polanco-Lockyer Pet Breeder  
             Warranty Act within the Health and Safety Code, requires all  dog  
             breeders  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 measure does  not  impact California's current law with respect  
             to selling, breeding or reselling dogs  inside  of California.   
             This bill only requires that persons importing a dog into  
             California for resale or change of ownership file a health  





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             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. 

        3.Arguments in Support.  The ASPCA as the sponsors of this measure  
          state that current law merely requires that imported dogs be healthy  
          and have a current rabies vaccination.  They indicate that by  
          requiring a CVI of those individuals who are importing dogs into  
          California it will it will provide better data on the number of dogs  
          entering a municipality and more importantly help protect consumers  
          from purchasing sick dogs and reduce the likelihood that imported  
          dogs will bring any contagious diseases into this state. 

        The ASPCA notes that the completed CVI forms will be sent to local  
          governments, through electronic transmission or otherwise, so they  
          have information on the number of dogs imported entering their  
          jurisdictions from out of state and are authorized to reasonably  
          cover the costs of receiving these documents but are not required to  
          do anything further with the information received. 

        The ASPCA further states that this bill does not apply to family dogs  
          where ownership is not changing, dogs visiting California with their  
          families or dogs participating in dog shows.  Nor does it apply to  
          dogs used for law enforcement purposes or military work, guide dogs  
          or dogs utilized for declared emergency situations.

        4.Related Legislation This Session.   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.  (  Status  :  This bill is pending a hearing in  
          Senate Judiciary Committee. 

        5.Previous Legislation.   AB 1939  (Pan) of 2012, would have created  
          a pilot project in specified counties which would have required  
          pet dealers, and others as specified, to submit a report once a  
          month to the city or county responsible for licensing dogs with  
          information regarding dog sales and adoptions; sunsets the pilot  
          project provisions as of January 1, 2018; and, allows licensing  





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          agencies to issue puppy licenses, as defined.  
        (  Status  : This measure was referred to the Senate Business,  
          Professions and Economic Development Committee but the hearing  
          of the measure was cancelled by the Author.)
        
         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.   
          ( Status  : This measure was vetoed by the Governor.)

         SB 861  (Speier, Chapter 668, Statutes of 2005) allows cities and  
          counties to pass specified breed-specific legislation for  
          mandatory spaying and neutering and breeding restrictions.   
          Provides for increased reporting to the State Public Health  
          Veterinarian of dog bite data and other information by local  
          jurisdictions that make use of the authorization provided by  
          this bill.  

         SB 1347  (Cabellero, Chapter 703, Statutes of 2007) enacted the Pet  
          Store Animal Care Act (Act) that establishes procedures for the  
          care and maintenance of animals in the custody of a pet store  
          and details the responsibilities of the pet shop, the standards  
          for enclosures, animal care requirements, record keeping,  
          standards keeping the animals healthy including veterinary care,  
          euthanasia standards and disclosures that must be made to a  
          person who purchases a pet.  Provides for a "notice to correct"  
          and monetary misdemeanor penalties for specified violations of  
          this Act.

        SB 914 (Kehoe, Chapter 669, Statutes of 2005) provides that the  
          selling of a dog under the age of eight weeks, unless approved  
          in writing by a licensed California veterinarian, is an  
          infraction or a misdemeanor.  Exempts those providing public or  
          nonprofit animal sheltering services, rescue groups and a "pet  
          dealer" as defined.      
         
        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.  (  Status  : This measure was referred to the Senate  





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          Business, Professions and Economic Development Committee but the  
          hearing of the measure was cancelled by the Author.)

         AB 1336  (Koretz, Chapter 181, Statutes of 2002) requires 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. 

        6.Suggested Technical Amendments.  In Section 121720 (a) (2), it  
          is unclear if under all circumstances that the health  
          certificate must either go to where the dog is offered for sale  
          or to the county of residence of the individual purchasing or  
          receiving a dog directly from a source outside of California.   
          It is also unclear which individual is required to send the  
          health certificate to the county health department; the person  
          who is importing dogs or the licensed veterinarian.  Suggest the  
          following two technical amendments to clarify which county  
          should receive the health certificate and the person responsible  
          for sending the health certificate:

        On Page 2, line 13, strike "Except as provided in subdivision  
          (c)", and insert on line 15, "  as provided in subdivision (c)  "

        On Page 2, line 13, insert after "person" the following:  "  who is  
          reselling or changing ownership as  "    
        

        SUPPORT AND OPPOSITION:
        
         Support:  American Society for the Prevention of Cruelty to Animals  
        (Sponsor)

         Opposition:  None on file as of June 18, 2014.



        Consultant:Bill Gage