BILL ANALYSIS
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|Hearing Date:June 26, 2006 |Bill No:AB |
| |2862 |
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SENATE COMMITTEE ON BUSINESS, PROFESSIONS AND ECONOMIC
DEVELOPMENT
Senator Liz Figueroa, Chair
Bill No: AB 2862Author:Ridley-Thomas
As Amended:June 19, 2006 Fiscal: Yes
SUBJECT: Sale of animals at retail animal outlets.
SUMMARY: Establishes standards governing the care and
maintenance of animals in pet stores, and places certain
reporting and consumer notification requirements on pet
store operators.
Existing law:
1)Requires pet shops, as defined, to do all of the
following:
a) Maintain sanitary pet housing facilities;
b) Provide proper heating and ventilation for housing
facilities;
c) Provide adequate nutrition and humane care and
treatment of animals;
d) Take reasonable care to release for sale, trade, or
adoption only those pet animals that are free of
disease or injuries;
e) Provide adequate space appropriate to the size,
weight, and species of pet animals; and,
f) Provide buyers of pet animals with general written
recommendations for the generally accepted care of the
class of pet animal sold in a form determined by the
pet shop.
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2)Prohibits a pet shop from selling an unweaned bird.
3)Requires pet dealers, as defined, to do all of the
following:
a) Maintain sanitary facilities for dogs;
b) Provide dogs with adequate nutrition and potable
water;
c) Provide adequate space appropriate to that dog;
d) Provide dogs housed on wire flooring with a rest
board, floormat, or similar device that can be
maintained in a sanitary condition;
e) Provide dogs with adequate socialization and
exercise, defined as physical contact with other dogs
or with human beings;
f) Maintain either a fire alarm system that is
connected to a central reporting station that alerts
the local fire department in case of fire, or a fire
suppression sprinkler system; and,
g) Provide veterinary care, without delay, when
necessary.
4)Prohibits the possession of any live chicks, rabbits,
ducklings, or other fowl for the purpose of sale or
display without adequate facilities for supplying food,
water and temperature control needed to maintain the
health of such fowl or rabbit.
5)Prohibits a pet dealer from possessing a dog that is less
than eight weeks old.
6)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.
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7)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.
8)Requires pet dealers to maintain a written record on the
health, status, disposition of each dog and each cat, and
all other information required to be disclosed to the
consumer or prospective consumer, for at least one year
after disposition of the dog or cat. The records must be
made available to humane officers, animal control
officers, and law enforcement officers for inspection
during normal business hours.
9)Requires retail dealers, as defined, to post
conspicuously on the cage of each dog offered for sale a
notice indicating the state where the dog was bred and
brokered.
10)Requires pet dealers to post conspicuously within close
proximity to the cages of dogs offered for sale, a notice
stating that information on the source of the dogs and
veterinary treatments received is available for review.
11)Provides that animal control officers are not peace
officers but may exercise the powers of arrest of a peace
officer and the power to serve warrants during the course
and within the scope of their employment, if they meet
specified criteria.
12)Provides that any person who maliciously and
intentionally maims, mutilates, tortures, or wounds a
living animal, or maliciously and intentionally kills an
animal, is guilty of an offense punishable by
imprisonment in the state prison, or by a fine of not
more than $20,000, or by both the fine and imprisonment,
or, alternatively, by imprisonment in a county jail for
not more than one year, or by a fine of not more than
$20,000, or by both the fine and imprisonment.
13)Provides that any person who deprives of necessary
sustenance, drink, or causes or procures any animal to be
so deprived of necessary sustenance, drink, shelter, and
whoever, having the charge or custody of any animal,
either as owner or otherwise, subjects any animal to
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needless suffering, or inflicts unnecessary cruelty upon
the animal, or in any manner abuses any animal, or fails
to provide the animal with proper food, drink, or shelter
or protection from the weather, is guilty of a crime
punishable as a misdemeanor or as a felony.
14)Defines "Pet animals" as dogs, cats, monkeys and other
primates, rabbits, birds, guinea pigs, hamsters, mice,
snakes, iguanas, turtles, and any other species of animal
sold or retained for the purpose of being kept as a
household pet.
15)Defines "Pet shop" as every place or premises where pet
animals are kept for the purpose of either wholesale or
retail sale, excluding any place or premises where pet
animals are occasionally sold.
16)Defines "Pet shop," specific to the selling of birds, as
a retail pet shop location primarily engaged in retailing
pets, pet foods, and pet supplies, as defined by the
North American Industry Classification System.
17)Defines "pet dealer" as a person engaging in the
business of selling dogs and cats, or both, at retail,
with specified exemptions, including any entity that
breeds or rears dogs on the premises.
This bill:
1)Would define the following terms:
a) "Adequate exercise" or "exercise" means the
opportunity for the animal to move sufficiently to
maintain normal muscle tone and mass for the age,
species, size, and condition of the animal.
b) "Adequate space" means sufficient height and
sufficient floorspace for the caged animals to easily
stand up, sit down, and turn about freely using normal
body movements without the head touching the top of
the cage; lie in a natural position; and experience
necessary socialization with cage mates, if any.
However, when freedom of movement would endanger the
animal, temporarily and appropriately restricting
movement of the animal according to professionally
accepted standards for the species is considered
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provision of adequate space.
c) "Animal" means any nonhuman vertebrate species, and
includes rodents intended as food for reptiles.
d) "Enrichment" means providing objects or activities,
compatible with the needs of the species that
stimulate an animal and promote the animal's
well-being.
e) "Euthanasia" or "euthanize" means the humane
destruction of an animal accomplished by a method that
involves rapid unconsciousness and immediate death
with a minimum of pain and distress inflicted on the
animal, or by a method that involves anesthesia,
produced by an agent that causes painless loss of
consciousness, and death during the loss of
consciousness.
f) "Humane" means any action taken in consideration
of, and with the intent of providing for, the animal's
health and well-being.
g) "Intact" means an animal that retains its sexual
organs and has not undergone surgical sterilization by
a veterinarian.
h) "Person" means any individual, partnership, firm,
joint-stock company, corporation, association, trust,
estate, or other legal entity.
i) "Primary enclosure" means any structure used to
immediately restrict an animal or animals to a limited
amount of space and where the animal or animals will
reside until they are sold or transferred.
j) "Pet store" means any establishment or marketplace
where animals are bought, sold, exchanged, or offered
for sale to the general public with the intent of
making a profit where the animals are intended as
companions or household animals. This term includes
the keeping for transfer or the transfer of animals at
flea markets, department stores, merchandise outlets,
and discount outlets.
aa) "Pet store operator" or "operator of a pet store"
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means any individual, firm, corporation, partnership,
other business unit, society, association, or other
legal entity, or public or private institution which
maintains, owns, or operates a pet store.
bb) "Rodent" means an animal of the Order Rodentia,
such as a guinea pig, rat, mouse, or hamster.
cc) "Sanitize" means to make physically clean and to
remove excreta, other waste material, dirt, and trash,
and to destroy to a practical minimum any agent that
is injurious to health.
dd) "Socialization" means physical contact with other
animals of the same species or with human beings.
ee) "Time of sale" means the calendar date the retail
purchaser removes the animal from the premises of the
pet store following the retail sale of that animal.
ff) "Veterinary treatment" means treatment by or on the
order of a licensed veterinarian.
gg) "Weaned" means any animal that has become
accustomed to taking solid food and has done so
without nursing, hand-feeding, or human or animal
assistance for a period of at least two weeks and is
capable of sustaining at least 90 percent of its own
weight following the time of sale, notwithstanding any
illness or injury.
hh) "Well-placed perch" means that the bird can stand
completely upright on the perch without having any
head contact with the ceiling of the cage and, at the
same time, the bird's tail does not touch the floor or
grate of the cage.
2)Would require pet stores operators or agents to do all of
the following, except when transporting an animal for
less than four hours or when the animal is removed from
enclosure for purposes of cleaning or maintenance on the
enclosure.
a) Be present at least once a day to care for animals.
b) Ensure each animal is handled in a manner that does
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not cause harm or discomfort, and ensure proper
socialization and exercise for defined animals.
c) Wash hands before and after handling infectious
animals.
d) Ensure animals have adequate supplies of clean,
potable water, in appropriate receptacles, unless
withholding water is required to provide health care
on the written advice of a veterinarian.
e) Provide wholesome food, with appropriate quantity,
at least once every
24 hours, except for reptiles, fish, or amphibians, who
should be fed in accordance with eating patterns of
that species, or unless otherwise advised by a
veterinarian.
3)Would require the following:
a) Animals to be removed from primary enclosures when
enclosure is being cleaned using steam, pressurized
water, or any chemical solution is used; and that
empty cages be kept clean.
b) Excreta to be removed daily; and facilities cleaned
as often as necessary to prevent contamination,
disease, and odors.
c) Cages containing infectious animals to be washed
daily and after each occupancy, with needed
disinfectant applied.
d) Aquariums to be kept clean and for dead fish to be
promptly removed.
4)Would require pet store operators to ensure necessary
veterinary care is provided to animals.
5)Would outline parameters for written procedures for
disease prevention, parasite control, euthanasia, and
adequate veterinary care and requires the procedures be
established and maintained with a California licensed
veterinarian.
6)Would require that animals be euthanized in a way that is
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approved by the American Veterinary Medical Association
panel on euthanasia. Would prohibit the euthanasia of
an animal through placing a live animal in a freezer.
Would require veterinary treatment records to be kept on
all animals, except fish; and would require those records
to be made available to enforcing officers.
7)Would require each pet store operator to ensure that
animals are exercised and that animal housing is
structurally sound and in good repair; that mammals that
have reached sexual maturity are housed in a manner to
prevent reproduction, unless the animals are
intentionally bred; that animals are kept clean and dry,
unless species-specific requirements dictate an aquatic
or semi-aquatic environment; that mammals, ducks,
chickens, and pheasants housed on wire flooring are
provided with a rest board, or floormat, and that if the
floor is constructed of mesh or slats, it is strong
enough to prevent sagging and with a mesh small enough
that it will not allow the animals' feet to pass through
any openings in the floor; and that adequate space is
provided in the primary enclosure for the particular type
of animal enclosed therein.
8)Would require pet store owners to ensure certain animal
housing conditions are met, including, for dogs,
sufficient floorspace, adequate height, and not more than
four dogs per unit. For cats or rabbits, would require
at least
24 inch high enclosures, and adequate floorspace. For
birds, would require moist and impervious housing
construction materials, sufficient perches (as defined),
enough room to fly, hop or otherwise move, at least one
form of appropriate enrichment, and sufficient exercise
and living space (as defined for specific birds). For
rodents, would require appropriate materials (as
defined), at least one enrichment, appropriate shelters
or nest boxes, appropriate height and floorspace for
enclosures to assure sufficient exercise and overall good
health.
9)Would require pet store operators to provide adequate
temperatures, lighting, inspection and cleaning for
animal housing, based on the animal.
10)Would prohibit a pet store from offering a life animal
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as a prize or promotion.
11)Would prohibit pet store operators from selling dogs and
cats under the age of eight weeks, or dogs or cats that
are not weaned.
12)Would require pet store operators to keep detailed
records of veterinary visits and medical treatments are
kept for one year following the sale of an animal.
13)Would require pet store operators to keep detailed
records, for at least one year after sale or transfer, of
all animals, including where the animal was acquired, the
date of acquisition, a detailed description of the
animal, and information regarding the person to whom the
animal was sold; would exempt fish, insects, arachnids,
crustaceans and feeder rodents from this requirement.
14)Would require pet store operators to post defined
information regarding the origin of the animals; would
exempt fish, insects, arachnids, crustaceans and feeder
rodents from this requirement.
15)Would require pet store operators to give written
information regarding medical treatments administered in
the past 30 days.
16)Would require pet store operators to give written
information to purchasers regarding the sale, the pet
store, the purchaser, and the animal; and for birds, the
identification number.
17)Would require a complete copy of this chapter to be
posted in the pet store and provided to all employees.
18)Would allow animal control, law enforcement and humane
officers to conduct investigations to ensure compliance,
and allow officers to issue correction notices requiring
violations to be remedied in 24 hours or 14 days.
19)Would make a violation of this chapter punishable as an
infraction (fine up to $250 per animal) or misdemeanor
(fine up to $1000 and/or six months in county jail), with
a mandatory misdemeanor for the second or subsequent
violations.
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20)Would provide that this chapter does not preclude
prosecution under state animal cruelty laws.
21)Would make the provisions of this bill operative July 1,
2007.
22)Makes the following uncodified findings and
declarations:
a) It is the intent of the Legislature to establish
standards of care for animals in pet stores.
b) Standards of care for animals in pet stores are
essential to ensure the humane treatment of animals,
safeguard the public, and are in the public interest.
c) The Legislature does not intend, by adding Chapter
8 (commencing with Section 122340) to Part 6 of
Division 105 of the Health and Safety Code, to
regulate the care or handling of animals in or on
farms, ranches, livestock or horse auctions, livestock
markets, slaughtering facilities, or any place other
than pet stores as defined in that chapter.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, unknown, likely minor, non-reimbursable costs to
cities and counties for investigation, prosecution, and
potential incarceration, offset to some extent by fine
revenues.
COMMENTS:
1.Purpose. According to the Author, this bill is intended
to address concerns that California's existing laws
governing the care and treatment of animals in pet stores
are vague and include loopholes resulting in animals
suffering from injury and illness, due to lack of
veterinary treatment, spotty sanitation, and overcrowded
housing. The Author notes that existing laws also places
public health and consumer protection at risk due to the
lack of detailed standards.
2.Background. Since 1966, the federal Animal Welfare Act
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has regulated the treatment of animals by dealers, in
exhibitions, in research, and in transport, but not in
pet stores. California law, within the Penal Code,
establishes general legal protections for animals in pet
stores, enforcement is complaint driven with local animal
control agencies as the primary enforcement agency. The
Health and Safety Code establishes additional protections
for cats and dogs. To a large degree, the provisions
contained in this bill already apply to cats and dogs.
This bill proposes to extend similar protections, with
more precise definitions of appropriate care such as
specified cage requirements, to other animals, with
certain exemptions.
According to information provided by the Animal
Protection Institute, the sponsor, twenty-seven states
and the District of Columbia have enacted laws that
establish humane care standards for animals kept in pet
stores, and while California's existing laws compare
favorably to those enacted in many other states, a recent
investigation by the sponsor revealed weaknesses. The
sponsor argues that in their study of state pet shops,
they found existing statues governing veterinary
treatment to be vague and difficult to enforce, that
several of the protections are limited to dogs and cats,
and that housing, sanitation, and veterinary laws needed
to be strengthened.
3.Are Existing Laws Sufficient? PETCO and the Pet Industry
Joint Advisory Council (PIJAC) oppose this bill arguing,
in part, that existing laws already provide for tough
penalties in cases of abuse or neglect. The Sponsor, the
Animal Protection Institute (API), points to their
internal undercover investigation of California pet shops
conducted in the spring of 2005 which claims, among other
things, that 64% of stores surveyed failed to provide
required written documentation on animal care and housing
requirements to consumers. Further, API found that many
of the state's laws fail to provide sufficient protection
for the animals. For example, API found 32% of stores
keeping animals in cages with unsanitary conditions, and
25% of stores not providing sanitary food or water.
Opponents generally question the validity of the report
and note that this investigation was conducted by API and
is not an independent investigation.
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4.Are requirements inappropriate? Opponents argue that this
bill creates inappropriate standards that would be more
appropriate as regulations rather than codes. A
reasonable person could argue that the bill establishes
quite detailed standards for the care of animals.
However, as there is no state government entity charged
with regulating the pet store industry, and enforcement
is complaint driven, it could be argued that it is
appropriate for California to enact detailed statutes
governing the industry. Further, the Sponsor argues that
existing law allows for lack of sanitation which can
"expose animals to deadly bacteria, viruses, or fungi
that can cause illness or death and that can pose public
health and safety risks to humans." The Sponsor notes
that diseases that can be transmitted from animals in pet
stores to humans include salmonellosis, ringworm,
scabies, psittacosis, and lymphocytic choriomeningitis
virus.
5.Are the records keeping requirements overly burdensome?
Opponents argue that this bill creates burdensome record
keeping requirements that, in some cases, would be
impossible for pet store operators to meet. The
requirement for record keeping of every animal in stores,
excluding fish, insects, arachnids, and crustacea, could
certainly be considered burdensome. According to the
Sponsor, the record keeping requirements, while
stringent, are largely intended to ensure that pet store
documentation provides adequate information for public
officials in the case of a disease or virus outbreak.
The sponsor notes that having this information readily
available will assist public health officials in limiting
a larger spread of an illness or disease.
6.Arguments in Support. The Animal Protection Institute
(API) argues that their study of pet store issues found
that existing California laws do not protect against
abuse, neglect, and abandonment of animals in pet stores.
API argues that this bill creates clear, measurable
standards to allow for better care of animals and
improved consumer protection.
Best Friends Animal Society notes that healthy,
well-socialized animals make better companions and tend
to stay with their human families for longer periods of
time, thereby benefiting families, improving animal
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welfare, and reducing the pressure on animal rescues and
shelters.
7.Arguments in Opposition. The Pet Industry Joint Advisory
Council (PIJAC), a trade group representing over 500 pet
retails and products suppliers, argues that California
already has an extensive body of law dictating the
conduct of pet stores with respect to the sale and
keeping of live animals, and that the USDA maintains
strong laws governing transportation and care of animals.
PIJAC argues that this bill is overly restrictive, that
the policies on treatment and disease transmission and
euthanasia are expensive and time consuming, that the
housing standards and the rodent enrichments standards
are impractical, that avian requirements are unclear,
that the sale age limitations are inappropriate for some
animals, that the record keeping requirements are overly
burdensome, and that it is inappropriate to have
nongovernmental entities, which could include
competition, inspect retail stores.
PETCO shares many of the concerns noted above, and also
argues that the measure is substantially duplicative of
existing pet laws and regulations, that many parts of the
bill are ambiguous, and that what is needed is
enforcement of existing laws.
SUPPORT AND OPPOSITION:
Support:
Animal Protection Institute (Sponsor)
American Society for the Prevention of Cruelty to Animals
Animal Legislative Action Network
Animal Switchboard
Avian Welfare Coalition
Best Friends Animal Society
California Animal Association
California Federation for Animal Legislation
Channel Islands Animal Protection Association
East Bay Animal Advocates
House Rabbit Society
Humane Society of the United States
In Defense of Animals
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Indonesian Parrot Project/Project Bird Watch
Mickaboo Cockatiel Rescue
Parrots First
People for the Ethical Treatment of Animals
San Diego Animal Advocates
Sacramento SPCA
United Animal Nations
2 Individuals
Opposition:
American Federation of Aviculture, Inc
Avicultural Society of America
The Animal Council
Pet Industry Join Advisory Council
PETCO Animal Supplies Inc.
Numerous Individuals
Consultant: Laura Metune