AB 2269, as introduced, Waldron. Animal shelters: research animals: prohibitions.
(1) Existing law requires a pound or animal regulation department of a public or private agency where animals are turned over dead or alive to a biological supply facility or a research facility to post a statement to this effect, as specified, and requires that this statement and other information also be included on owner surrender forms.
This bill would repeal these provisions. The bill would prohibit a person or animal shelter entity that accepts animals from the public or takes in stray or unwanted animals from selling, giving, or otherwise transferring a living animal to a research facility or animal dealer, as specified. The bill would also prohibit a research facility from procuring, purchasing, receiving, accepting, or using a living animal for the purpose of medical or biological teaching, research, or study, or any other kind of experimentation, if that animal is transferred from, or received from, an animal shelter. The bill would except from these prohibitions specified procedures performed by, or under the direct supervision of, a licensed veterinarian, subject to certain conditions. A violation of these provisions would be subject to a civil penalty of $1,000. By creating new conditions affecting the operations of local, public animal service entities, this bill would impose a state-mandated local program.
(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 1834.7 of the Civil Code is repealed.
(a) In any pound or animal regulation department of
3a public or private agency where animals are turned over dead or
4alive to a biological supply facility or a research facility, a sign
5(measuring a minimum of 28 x 21 cm-- 11 x 81⁄2 inches --with
6lettering of a minimum of 3.2 cm high and 1.2 cm wide--
11⁄4 x 1⁄2
7 inch --(91 point)) stating:
8“Animals Turned In To This Shelter May Be Used For Research
9Purposes or to Supply Blood, Tissue, or Other Biological
10Products”
11shall be posted in a place where it will be clearly visible to a
12majority of persons when turning animals over to the shelter. This
13statement shall also be included on owner surrender forms. The
14owner surrender forms shall also include the definition of
15“biological supply facility” contained in subdivision (c).
16(b) For purposes of this section, “animal research facility”
17includes any laboratory, firm,
association, corporation,
18copartnership, and educational institution.
19(c) For purposes of this section, “biological supply facility”
20includes any blood bank, laboratory, firm, association, corporation,
21copartnership, or educational institution that sells biological
22materials such as blood or animals, either alive or dead, to research
23facilities, educational institutions, or veterinarians.
Section 1834.7 is added to the Civil Code, to read:
(a) For purposes of this section:
26(1) “Animal dealer” means a dealer as defined by Section 2132
27of Title 7 of the United States Code, effective February 7, 2014.
P3 1(2) “Animal shelter entity” includes, but is not limited to, an
2animal regulation agency, humane society, society for the
3prevention of cruelty to animals, rescue group, or other private or
4public animal shelter.
5(3) “Research facility” means a research facility as defined by
6Section 2132 of Title 7 of the United States Code, effective
7February 7, 2014.
8(b) (1) A person or
animal shelter entity that accepts animals
9from the public or takes in stray or unwanted animals shall not
10sell, give, or otherwise transfer a living animal to a research facility,
11or to an animal dealer if the dealer will transfer the animal to a
12research facility.
13(2) A research facility shall not procure, purchase, receive,
14accept, or use a living animal for the purpose of medical or
15biological teaching, research, or study, or any other kind of
16experimentation, if that animal is transferred from, or received
17from, an animal shelter entity.
18(c) This section does not prohibit a procedure by a licensed
19veterinarian to correct the animal’s preexisting medical condition,
20nor does it prohibit a procedure to spay or neuter the animal if the
21procedure is performed by, or under the direct supervision of, a
22licensed veterinarian, and if the animal is returned to the person
23or animal
shelter entity after the procedure, unless the animal is
24found to be suffering from a medical condition that requires the
25animal’s humane euthanasia to avoid imminent and prolonged
26pain and suffering.
27(d) A violation of this section is subject to a civil penalty of one
28thousand dollars ($1,000) in an action to be brought by the district
29attorney or city attorney of the county or city where the violation
30occurred. When collected, the civil penalty shall be payable to the
31general fund of the governmental entity that brought the action to
32assess the penalty.
If the Commission on State Mandates determines that
34this act contains costs mandated by the state, reimbursement to
35local agencies and school districts for those costs shall be made
36pursuant to Part 7 (commencing with Section 17500) of Division
374 of Title 2 of the Government Code.
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