BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1809|
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THIRD READING
Bill No: AB 1809
Author: Maienschein (R)
Amended: 8/5/14 in Senate
Vote: 21
SENATE BUSINESS, PROF. & ECON. DEV. COMM. : 8-0, 6/23/14
AYES: Lieu, Wyland, Berryhill, Corbett, Galgiani, Hernandez,
Hill, Torres
NO VOTE RECORDED: Block
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 73-0, 5/23/14 (Consent) - See last page for
vote
SUBJECT : Dogs: health certificates
SOURCE : American Society for the Prevention of Cruelty to
Animals
DIGEST : This bill 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 10
days prior to the dog's arrival, and submit the certificate to
the county health department, as specified.
ANALYSIS :
Existing law:
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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;
"purchaser" as a person who purchases a dog or cat from a pet
dealer without the intent to resell the animal; and "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.
2. 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; and 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.
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.
4. 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.
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5. 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 (DCA), 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; and 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.
6. 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.
This bill:
1. Requires a person seeking to bring or import 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 10 days prior to the date on which the dog is
brought into the state.
2. Requires the person responsible who is reselling or changing
ownership as specified in #1 above to submit the health
certificate to the county health department by any method
accepted by the receiving agency, including, but not limited
to, electronic transmission and facsimile.
3. Provides that completion of a United States Department of
Agriculture Animal and Plant Inspection Service Form 7001
(APHIS Form 7001), known as the U.S. 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
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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 do 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 do 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 by a fine not to exceed $250 for each dog for
which a violation has occurred, but that in lieu of
punishment, authorized enforcement personnel may issue an
administrative fine not to exceed $250 or 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 an administrative fine or a correction warning
has previously been issued to the individual. Specifies that
the administrative fine or correction warning shall require
the person to correct the violation.
Background
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
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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 bill
further allows local agencies to charge a reasonable fee to
cover the costs associated with receiving the documentation.
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
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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.
Current regulation of animal sales . The Polanco-Lockyer Pet
Breeder Warranty Act (AB 161, Maddox, Chapter 350, Statutes of
2001), 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 (SB
1360, Senate Health and Human Services Committee, Chapter 415,
Statutes of 1995) 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 existing law with respect
to selling, breeding or reselling dogs inside of California.
This bill only requires that persons seeking to bring a dog into
this state or importing a dog into California for resale 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
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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.
Comments
According to the author's office, California is currently one of
only two states that do not require dogs to be inspected and
issued a "Certificate of Veterinarian Inspection" (CVI) or its
equivalent, prior to or upon entry into the state. The author's
office states that this bill will require individuals importing
dogs into California for sale or change of ownership (i.e.
online sale direct to a consumer) to file a CVI with the county
health department where the dog is destined. 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. Since CVIs are already done as a matter of practice
for shipping to 48 other states, this bill simply directs these
forms to the counties in order to provide local governments with
necessary information about the number of dogs imported into
their jurisdiction. Further, this bill makes clear that the
state and local government may use this information at their
discretion, and that there is no mandate to do anything with the
information.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/5/14)
American Society for the Prevention of Cruelty to Animals
(source)
California Animal Control Directors Association
OPPOSITION : (Verified 8/5/14)
The Animal Council
ARGUMENTS IN SUPPORT : The American Society for the Prevention
of Cruelty to Animals (ASPCA), as the sponsor of this bill,
states that existing 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 provide better data on the number
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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.
ARGUMENTS IN OPPOSITION : The Animal Council states that
although amendments have limited the scope of persons covered by
the requirement to obtain health certificates, they remain
concerned that the covered class of mandated filers will still
include individuals and small groups involved sporadically in
bringing dogs into California for eventual transfer to others.
ASSEMBLY FLOOR : 73-0, 5/23/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonta, Bradford, Brown, Buchanan, Ian Calderon,
Campos, Chau, Chávez, Chesbro, Conway, Cooley, Dababneh,
Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier,
Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell,
Gray, Grove, Hagman, Hall, Holden, Jones, Jones-Sawyer,
Levine, Linder, Logue, Lowenthal, Maienschein, Mansoor,
Medina, Mullin, Muratsuchi, Nazarian, Olsen, Pan, Patterson,
Perea, John A. Pérez, Quirk, Quirk-Silva, Rendon,
Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,
Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
NO VOTE RECORDED: Bonilla, Harkey, Roger Hernández, Melendez,
Nestande, V. Manuel Pérez, Vacancy
MW:k 8/6/14 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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