AB 2269, as amended, 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 revise these provisions to apply them only to an animal shelter entity, as defined, where dead animals are turned over to a biological supply facility or a research facility. The bill would revise the posted statement and owner surrender forms to refer to euthanized animals. 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. The bill would also prohibit a research facility or animal dealer 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 prohibit a person or animal shelter entity from euthanizing an animal for the purpose of transferring the carcass to a research facility or animal dealer. 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Section 1834.7 of the Civil Code is repealed.
Section 1834.7 is added to the Civil Code, to read:
(a) For purposes of this section:
4(1) “Animal dealer” meansbegin delete anyend deletebegin insert aend insert person who, in commerce, for
5compensation or profit, delivers for transportation, or transports,
6except as a carrier, or who buys, sells, or negotiates the purchase
7or sale of any animal, whether alive or dead, for research, teaching,
8exhibition, or biological supply.
9(2) “Animal shelter entity” includes, but is not limited to, an
10animal regulation agency, humane
society, society for the
11prevention of cruelty to animals, rescue group, or other private or
12public animal shelter.
13(3) “Research facility” means a research facility as defined by
14Section 2132 of Title 7 of the United States Code, effective
15February 7, 2014.
P3 1(b) (1) An animal shelter entity where dead animals are turned
2over to a biological supply facility or a research facility shall post
3a sign as described by this paragraph in a place where it will be
4clearly visible to a majority of persons when turning animals over
5to the shelter. The sign shall measure a minimum of 28 x 21 cm--
611 x 81⁄2 inches --with lettering of a minimum of 3.2 cm high and
71.2 cm wide-- 11⁄4 x 1⁄2 inch --(91 point) and shall state:
8“Animals Euthanized at This Shelter May Be Used for Research
9Purposes or to Supply Blood, Tissue, or Other Biological
10Products”
11(2) The statement in paragraph (1) shall also be included on
12owner surrender forms.
13(c) (1) A person or animal shelter entity that
accepts animals
14from the public or takes in stray or unwanted animals shall not
15sell, give, or otherwise transfer a living animal to a research facility,
16or to an animal dealer.
17(2) A research facility or animal dealer shall not procure,
18purchase, receive, accept, or use a living animal for the purpose
19of medical or biological teaching, research, or study, or any other
20kind of experimentation, if that animal is transferred from, or
21received from, an animal shelter entity.
22(3) A person or animal shelter shall not euthanize an animal for
23the purpose, in whole or in part, of transferring the carcass to a
24research facility or animal dealer.
25(d) This section does not prohibit a procedure by a licensed
26veterinarian
to correct the animal’s preexisting medical condition,
27nor does it prohibit a procedure to spay or neuter the animal if the
28procedure is performed by, or under the direct supervision of, a
29licensed veterinarian, and if the animal is returned to the person
30or animal shelter entity after the procedure, unless the animal is
31found to be suffering from a medical condition that requires the
32animal’s humane euthanasia to avoid imminent and prolonged
33pain and suffering.
34(e) A violation of this section is subject to a civil penalty of one
35thousand dollars ($1,000) in an action to be brought by the district
36attorney or city attorney of the county or city where the violation
37occurred. When collected, the civil penalty shall be payable to the
38general fund of the governmental entity that brought the action to
39assess the penalty.
If the Commission on State Mandates determines that
2this act contains costs mandated by the state, reimbursement to
3local agencies and school districts for those costs shall be made
4pursuant to Part 7 (commencing with Section 17500) of Division
54 of Title 2 of the Government Code.
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