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 researchbegin delete facility.end deletebegin insert facility for specified purposes.end insert The bill would revise the posted statement and owner surrender forms to
refer to euthanized animals. The bill would prohibitbegin delete a person orend deletebegin insert anend insert animal shelter entitybegin insert or other personend insert that accepts animals from the public or takes in stray or unwanted animals from selling, giving, or otherwise transferring a living animal to a researchbegin delete facility or animal dealer.end deletebegin insert facility, animal dealer, or other person for the purpose of research, experimentation, or testing.end insert The bill would also prohibit a researchbegin delete facility or animal dealerend deletebegin insert
facility, animal dealer, or other personend insert from procuring, purchasing, receiving, accepting, or using a living animal for the purpose ofbegin delete medical or biological teaching,end delete research,begin delete or study, or any other kind ofend delete experimentation,begin insert or testingend insert if that animal is transferred from, or received from, an animalbegin delete shelter.end deletebegin insert shelter entity or other person that accepts animals from the public or takes in stray or unwanted animals.end insert 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.begin delete The bill would except from these prohibitions specified procedures performed by, or under the direct supervision of, a licensed veterinarian, subject to certain conditions.end delete
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” means a 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
P3 1prevention of cruelty to animals,begin delete rescue group,end delete or other private or
2public animal
shelter.
3
(3) “Person” means an individual, partnership, firm, limited
4liability company, joint-stock company, corporation, association,
5trust, estate, governmental agency, or other legal entity.
6(3)
end delete
7begin insert(4)end insert “Research facility” means a research facility as defined by
8Section 2132 of Title 7 of the United States Code, effective
9February 7, 2014.
10(b) (1) An animal shelter entity
where dead animals are turned
11over to a biological supply facility or a research facilitybegin insert
for
12research purposes or to supply blood, tissue, or other biological
13productsend insert shall post a sign as described by this paragraph in a place
14where it will be clearly visible to a majority of persons when
15turning animals over to the shelter. The sign shall measure a
16minimum of 28 x 21 cm-- 11 x 81⁄2 inches --with lettering of a
17minimum of 3.2 cm high and 1.2 cm wide-- 11⁄4 x 1⁄2 inch --(91
18point) and shall state:
19“Animals
Euthanized at This Shelter May Be Used for Research
20Purposes or to Supply Blood, Tissue, or Other Biological
21Products”
22(2) The statement in paragraph (1) shall also be included on
23owner surrender forms.
24
(3) An animal shelter or other person shall not euthanize an
25animal for the purpose of transferring the carcass to a research
26facility or animal dealer.
27(c) (1) begin deleteA person or end deletebegin insertAn end insertanimal shelter entitybegin insert
or other personend insert
28
that accepts animals from the public or takes in stray or unwanted
29animals shall not sell, give, or otherwise transfer a living animal
30to a research facility,begin delete or toend delete an animalbegin delete dealer.end deletebegin insert dealer, or other person
31for the purpose of research, experimentation, or testing.end insert
32(2) A researchbegin delete facility or animal dealerend deletebegin insert facility, animal dealer,
33or other personend insert shall not procure, purchase, receive, accept, or use
34a living animal for the
purpose ofbegin delete medical or biological teaching, begin insert
research, experimentation, or testing if that animal is
35research, or study, or any other kind of experimentation, if that
36animal is transferred from, or received from, an animal shelter
37entity.end delete
38transferred from, or received from, an animal shelter entity or
39other person that accepts animals from the public or takes in stray
40or unwanted animals.end insert
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(d) Nothing in this section shall prohibit a research facility from
2working in collaboration with an animal shelter to investigate
3problems and provide services to shelter animals.
4(3) A person or animal shelter shall not euthanize an animal for
5the purpose, in whole or in part, of transferring the carcass to a
6research facility or animal dealer.
7(d) This section does not prohibit a procedure by a licensed
8veterinarian
to correct the animal’s preexisting medical condition,
9nor does it prohibit a procedure to spay or neuter the animal if the
10procedure is performed by, or under the direct supervision of, a
11licensed veterinarian, and if the animal is returned to the person
12or animal shelter entity after the procedure, unless the animal is
13found to be suffering from a medical condition that requires the
14animal’s humane euthanasia to avoid imminent and prolonged
15pain and suffering.
16(e) A violation of this section is subject to a civil penalty of one
17thousand dollars ($1,000) in an action to be brought by the district
18attorney or city attorney of the county or city where the violation
19occurred. When collected, the civil penalty shall be payable to the
20general fund of the governmental entity that brought the
action to
21assess the penalty.
If the Commission on State Mandates determines that
23this act contains costs mandated by the state, reimbursement to
24local agencies and school districts for those costs shall be made
25pursuant to Part 7 (commencing with Section 17500) of Division
264 of Title 2 of the Government Code.
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