BILL ANALYSIS ---------------------------------------------------------- |Hearing Date:August 10, 2006 |Bill No:AB | | |2862 | ---------------------------------------------------------- SENATE COMMITTEE ON BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT Senator Liz Figueroa, Chair Bill No: AB 2862Author:Ridley-Thomas As Amended:August 7, 2006Fiscal: 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. AB 2862 Page 2 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. AB 2862 Page 3 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 AB 2862 Page 4 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) "Freedom of movement" 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 is considered provision of adequate space. AB 2862 Page 5 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) "Impervious to moisture" means a surface that does not permit the absorption of fluids, can be thoroughly and repeatedly cleaned and disinfected, will not retain odors, and from which fluids bead up and run off or can be removed without their being absorbed into the surface material. h) "Intact" means an animal that retains its sexual organs and has not undergone surgical sterilization by a veterinarian. i) "Person" means any individual, partnership, firm, joint-stock company, corporation, association, trust, estate, or other legal entity. j) "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. aa) "Pet store" means any retail establishment or marketplace that has regular business hours and is open to the public where animals are bought, sold, exchanged, or offered for sale to the general public AB 2862 Page 6 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. bb) "Pet store operator" or "operator of a pet store" 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. cc) "Rodent" means an animal of the Order Rodentia, such as a guinea pig, rat, mouse, or hamster. dd) "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. ee) "Socialization" means physical contact with other animals of the same species or with human beings. ff) "Temporary enclosure" means any enclosure used to house an animal when it is not in its primary enclosure for a period not to exceed four hours. Any use of an enclosure to house an animal for a period in excess of four hours shall meet the requirements for a primary enclosure. gg) "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. hh) "Veterinarian" means any person who is licensed by the State of California under Chapter 11 (commencing with Section 4800) of Division 2, or who is exempt from licensing requirements pursuant to Section 4827 of the Business and Professions Code. ii) "Veterinary treatment" means treatment by or on the order of a licensed veterinarian. jj) "Weaned" means any animal that does not require hand feeding or human or animal assistance to sustain at least 90 percent of its weight for a period of at AB 2862 Page 7 least two weeks. 2)Would require pet stores operators or agents to do all of the following: a) Be present at least once a day to care for animals, ensure each animal is handled in a humane manner that ensures proper socialization, space and freedom of movement, and wash hands before and after handling infectious animals. b) Ensure that, except for aquatic animals, animals in transit for less than four hours, and during brief periods of time for enclosure cleaning, animals have access to clean, potable water, unless withholding water is required to provide health care on the written advice of a veterinarian. Stipulates snow and ice are not adequate. c) Feed birds and mammals at least once a day, except as dictated by hibernation, veterinary treatment, normal fasts, or other professionally accepted practices. Feed reptiles, amphibians, crustaceans, and fish on a frequency according to the species and conditions. Ensure food is non-contaminated and that food receptacles are appropriately located and cleaned daily. 3)Would establish requirements for animal primary enclosures including that they be structurally sound, well maintained, built to be impervious to moisture, constructed to provide animals with freedom of movement and to prevent injury to the animal's feet and legs. 4)Would require that enclosures be cleaned as necessary, and that animals be removed from primary enclosures when enclosure is being cleaned using steam, pressurized water, or any chemical that is harmful to the animal is used; and that empty cages be kept clean. 5)Would set requirements for primary enclosures, including: a) For cats, based on the number of cats, the inclusion of litter pans, scratching posts, resting surfaces, and food containers. AB 2862 Page 8 b) For dogs, based on the number of dogs, the inclusion of food and water containers and enrichment devices, and certain cage size standards. c) For rabbits, the inclusion of litter pans and gnawing items, and certain cage size standards. d) For guinea pigs, the inclusion of a burrow log or nest box and gnawing item, a limit of one male per enclosure, and certain cage size standards. e) For rats and mice, the inclusion of a climbing ladder, gnawing item, nest box or burrow log sufficient to accommodate all housed rats or mice, and exercise wheel. f) For hamsters, the inclusion of the inclusion of a gnawing item, a nest box or burrow log, and exercise wheel. Requires that only one hamster be housed per enclosure. g) For birds, the inclusion of perches, perch space, one enrichment device per every two birds. Would establish standards for cage sizes. h) For ducks, chickens, and pheasants or other birds that primarily stand on the floor, that enclosures be strong enough to prevent the animal's feet from passing through floor openings, and the inclusion of a rest board and floor mat. i) Requires aquariums and ponds be designed to maintain a clean and healthful condition, that they be inspected daily, and that dead fish be immediately removed. j) Requires that primary enclosures containing infectious animals during and after each occupancy with an effective disinfectant. 6)Would require pet store operators to ensure necessary veterinary care is provided to ill or injured animals. 7)Would require pet stores to maintain, post, and abide by written animal husbandry procedures, as outlined. Would require employees caring for animals to review these procedures. Would require stores to follow humane AB 2862 Page 9 euthanasia protocols as established by the American Veterinary Medical Association (AVMA). 8)Would require pet store operators to provide adequate temperatures, lighting, inspection and cleaning for animal housing, based on the animal. 9)Would prohibit a pet store from offering a life animal as a prize or promotion. 10)Would prohibit pet store operators from selling dogs and cats under the age of eight weeks, or dogs or cats that are not weaned. 11)Would require pet store operators to keep records, for at least two years after the date of acquisition, and to be provided to the purchaser, regarding the spay or neuter procedures, vaccines administered, and permanent identification. 12)Would require that for single-day animal adoption events conducted by nonprofit organizations are excluded from these provisions. 13)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 14 days, or 24 hours if animal welfare is a concern. 14)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). 15)Would provide that this chapter does not preclude prosecution under state animal cruelty laws. 16)Contains an urgency clause that would make the provisions of this bill operative immediately. 17)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. AB 2862 Page 10 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. The sponsor is the Animal Protection Institute (API). According to API, 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 statutes 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. 2.Background. Since 1966, the federal Animal Welfare Act AB 2862 Page 11 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 some 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, to other animals. 3.Adequacy of existing laws. 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. However, the Sponsor points to their internal undercover investigation of California pet shops conducted in the spring of 2005 which found, 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. The opponents question the validity of the report and note that this investigation was conducted by API and is not an independent investigation. As other evidence pet store problems, however, the Sponsor points to the 2002 California Superior Court case in which the city and county of San Francisco brought charges against PETCO for failing to comply with numerous animal welfare citations. Between 1999 and 2002 the San Francisco Department of Animal Care and Control (ACC) issued numerous notices and citations to PETCO for various offenses, including failure to provide veterinary treatment, placing animals in freezers as a euthanasia practice, overcrowding animals in cages, failing to provide water, overheating animals, and selling sick animals. The Sponsor argues that this bill will establish clear AB 2862 Page 12 care standards for animals in pet stores, and will provide needed enforcement tools for animal control agencies. 4.Care requirements. Opponents argue that this bill creates inappropriate standards that would be more appropriate as regulations rather than codes. However, as there is no state government oversight entity charged with regulating the pet store industry, and enforcement is governed by local jurisdictions and is complaint driven, 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.Record keeping requirements. Opponents originally argued that this bill created burdensome record keeping requirements that, in some cases, would be impossible for pet store operators to meet. The requirements for record keeping have been significantly reduced to only require that stores keep records for two years after the sale on the spay or neuter procedures, vaccines administered, and permanent identification. 6.Breeders. There have been some concerns raised among animal breeders, specifically bird breeders, that this bill would place requirements on breeders. This bill applies to pet stores and defines pet stores in such a way that breeders would not be covered unless they also maintained regular retail business hours and were open to the public. 7.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 AB 2862 Page 13 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 welfare, and reducing the pressure on animal rescues and shelters. 8.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. 9.Technical Amendments. There are several provisions that appear to be inadvertently duplicated within the bill. Committee staff has spoken with the Sponsor and Author about these duplications, and the Author/Sponsor has agreed to take the needed technical amendments to eliminate the duplications in the Senate Appropriations Committee. SUPPORT AND OPPOSITION: Support: AB 2862 Page 14 Animal Protection Institute (Sponsor) American Society for the Prevention of Cruelty to Animals Animal Legislative Action Network Animal Switchboard Association of Veterinarians for Animal Rights Avian Welfare Coalition Best Friends Animal Society California Animal Association California Animal Control Directors Association California Federation for Animal Legislation Channel Islands Animal Protection Association Coalition for Pets and Public Safety East Bay Animal Advocates House Rabbit Society Humane Society of the United States In Defense of Animals Indonesian Parrot Project/Project Bird Watch Mickaboo Cockatiel Rescue Parrots First People for the Ethical Treatment of Animals Reigning Cats and Dogs San Diego Animal Advocates Sacramento SPCA Tailwaggers Pet Food and Supplies The Wild Connection United Animal Nations 3 Individuals Opposition: American Federation of Aviculture, Inc Avicultural Society of America The Animal Council Pet Industry Joint Advisory Council PETCO Animal Supplies Inc. Numerous Individuals Consultant: Laura Metune