BILL ANALYSIS                                                                                                                                                                                                    Ó


          |SENATE RULES COMMITTEE            |                       AB 1809|
          |Office of Senate Floor Analyses   |                              |
          |1020 N Street, Suite 524          |                              |
          |(916) 651-1520         Fax: (916) |                              |
          |327-4478                          |                              |
                                    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  

           SUBJECT  :    Dogs:  health certificates

           SOURCE  :     American Society for the Prevention of Cruelty to  

           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:



                                                                    AB 1809

           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. 



                                                                    AB 1809

           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  

           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  



                                                                    AB 1809

             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  

           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  

           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.

           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  



                                                                    AB 1809

          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  



                                                                    AB 1809

          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  

           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  

          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  



                                                                    AB 1809

          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.

          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  

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

           SUPPORT  :   (Verified  8/5/14)

          American Society for the Prevention of Cruelty to Animals  
          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  



                                                                    AB 1809

          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  

          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 



                                                                    AB 1809

                           SUPPORT/OPPOSITION:  SEE ABOVE

                                   ****  END  ****