BILL ANALYSIS                                                                                                                                                                                                    







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          |Hearing Date:August 10, 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: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.





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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)   "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.





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             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  





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               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  





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               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.






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             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  





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            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.






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             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  





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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 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  





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            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  





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            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:  





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          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