INTRODUCED BY   Assembly Member Caballero

                        FEBRUARY 23, 2007

   An act to add Chapter 9 (commencing with Section 122350) to Part 6
of Division 105 of the Health and Safety Code, relating to pets.


   AB 1347, as amended, Caballero. Pet Store Animal Care Act.
   Existing law regulates the sale of dogs and cats by breeders and
retail outlets and the sale of birds.
   This bill would enact the Pet Store Animal Care Act, which would
establish procedures for the care and maintenance of animals in the
custody of a pet store, and would place limitations on the sale or
transfer of those animals.
   This bill would make the violation of its provisions punishable as
an infraction  or as a misdemeanor  . By creating a new
 infraction   crime  , this bill would
impose a state-mandated local program.
   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
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


  SECTION 1.  The Legislature hereby finds and declares all of the
   (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 the animals, safeguard the public, and
are in the public interest.
   (c) The Legislature does not intend, by this act, 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.
   (d) The Legislature does not intend, by regulating pet stores, to
classify as a pet store a person who breeds and sells animals
directly to the public.
  SEC. 2.  This chapter shall be known, and may be cited, as the Pet
Store Animal Care Act.
  SEC. 3.  Chapter 9 (commencing with Section 122350) is added to
Part 6 of Division 105 of the Health and Safety Code, to read:

   122350.  As used in this act, the following definitions apply:
   (a) "Adequate food" means supplying at suitable intervals a
quantity of wholesome  and nutritious   ,
nutritious, and palatable  foodstuff appropriate for the
species, age, size, and condition of the animal and sufficient to
maintain the health and well-being of each animal.
   (b) "Adequate space" means sufficient height and sufficient
floorspace for the animals to stand up, sit down and turn about
freely using normal body movements without the head touching the top
of the primary enclosure; lie down with limbs outstretched and
exercise normal postural movement, and move about freely as
appropriate for the species, age, size, and condition of the animal,
and when appropriate, to experience socialization with other animals
in the primary enclosure, if any. However, when freedom of movement
would endanger the animal, temporarily and appropriately restricting
movement of the animal in a humane manner is permitted.
   (c) "Adequate veterinary care" means both of the following:
   (1) A documented program of disease control and prevention,
euthanasia, and routine veterinary care established and maintained in
consultation with a veterinarian, which must include a documented
onsite visit to the pet store premises by that veterinarian or the
attending veterinarian for that store at least once a year to review
and suggest any necessary updates to the program.
   (2)  If applicable, any   Any  diseased,
ill, or injured animals are provided with veterinary care as needed
for the health and well-being of the animal.
   (d) "Adequate water" means potable water is supplied in a sanitary
manner and is accessible to each animal appropriate for the species,
age, size, and condition of the animal.
   (e) "Animal" means any nonhuman vertebrate species housed, offered
for sale or adoption, or both, in the pet store, including, but not
limited to, mammals, birds, reptiles, amphibians, fish, and also
invertebrates sold or adopted as pets.
   (f) "Disposition" means the transfer of an animal from a pet store
to another location, including the sale or adoption of the animal,
the return of the animal to the person who supplied the animal to the
pet store, or removal  of any deceased animal  from
the pet store  of any animal that is deceased for any reason,
including euthanasia  .
   (g) "Enrichment" means providing objects or activities,
appropriate with the needs of the species, as well as the age, size,
and condition of the animal, that stimulate the animal and promote
the animal's well-being, including items such as toys, exercise
wheels, chew sticks, nutritional treats, spray millet, hiding places,
crawl tubes, hay, straw, shelters, nest boxes, burrowing substrate,
and similar devices.
   (h) "Euthanasia" or "euthanize" means the humane destruction of an
animal that is in compliance with the requirements set forth in
paragraph (7) of subdivision (b) of Section 122354. 
   (i) "Humane" means any action taken to minimize stress, pain, or
discomfort of an animal.  
    (i)  "Impervious to moisture" means a surface that
prevents the absorption of fluids and that can be thoroughly and
repeatedly sanitized, will not retain odors, and from which fluids
bead up and run off or can be removed without being absorbed into the
surface material. 
    (j)  "Intact" means an animal that retains its sexual
organs or ability to procreate and has not been sterilized. 
    (k)  "Person" means any individual, partnership, firm,
joint-stock company, corporation, association, trust, estate, or
other legal entity. 
    (l)  "Pet store" means a retail establishment open to
the public and selling or offering animals for sale. The retail
establishment must also sell or offer for sale pet-related foods or
products. Any person who sells, exchanges, or otherwise transfers
only animals that were bred or raised, or both, by the person, or
sells or otherwise transfers only animals kept primarily for
reproduction, shall be considered a breeder and not a pet store.

    (m)  "Pet store operator" or "operator" means a person
who owns or operates a pet store, or both. 
    (n)  "Primary enclosure" means any structure used to
immediately restrict an animal or animals to a limited amount of
space, such as a room, pen, cage, aquarium, terrarium, habitat
compartment or hutch, where the animal or animals reside until their
sale, transfer, or other disposition. 
    (o)  "Rodent" means an animal of the order Rodentia,
such as a guinea pig, rat, mouse, chinchilla, or hamster. 
    (p)  "Sanitize" means to make physically clean and to
destroy, to the extent practical, agents injurious to health.

    (q)  "Temporary enclosure" means a confined space used
by the pet store to house an animal when the animal is not in its
primary enclosure for a period not to exceed four consecutive hours.
The temporary enclosure shall allow the animals to stand up, lie
down, and turn around. Any enclosure used by the pet store to house
an animal for longer than four hours shall meet the requirements of a
primary enclosure. 
    (r)  "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. 
    (s)  "Transfer" means the release of an animal by its
owner to another person by sale, gift, adoption, or other
disposition, including the exchange of animals between pet stores.

    (t)  "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.

    (u)  "Veterinary treatment" means treatment by or at the
direction of a veterinarian.
   122351.  Each pet store operator shall be responsible for all of
the following:
   (a) Maintaining the entire pet store facility in good repair.
   (b) Protecting animals kept there from injury, restricting the
entry of pests from outside, ensuring the containment of animals
within the pet store, and, in the event that animals escape, being
responsible for reporting this fact, as necessary, to local
authorities and making reasonable efforts to capture the animals that
   (c) Ensuring that the pet store's interior building surfaces,
including walls and floors, are constructed in a manner that permits
them to be readily cleaned and maintained.
   (d) Ensuring that the temperature within an animal's primary or
temporary enclosure is appropriate for the species, age, size, and
condition of the animal.
   (e) Providing ventilation using fresh or filtered air to minimize
drafts, odors, and moisture condensation, and to provide for the
health of the animals.
   (f) Uniformly distributing light, by natural or artificial means,
in a manner that permits routine inspection and cleaning, and the
proper care and maintenance of the animals.
   (g) When dog or cat grooming services are offered by a pet store,
separating the grooming work area from the store's primary animal
enclosures, animal food storage areas, and isolation areas for
housing sick animals. The grooming area shall be cleaned and
maintained at least once daily.
   122352.  (a) Primary enclosures shall comply with all of the
following structural standards:
   (1) Primary and temporary enclosures shall be structurally sound
and maintained in good repair to protect the animals from injury, to
contain the animals, to keep other animals out, and to promote the
health and well-being of the enclosed animals. Primary enclosures
shall be constructed so they can be routinely maintained to allow
animals to stay clean and to provide access to adequate food and
water , as appropriate for the species, age, size, and
condition of the animal  .
   (2) The floor of the primary enclosure shall be constructed to
prevent injury. A solid surface, platform, or shelf shall be provided
when a grid-flooring system is used.
   (3) Primary enclosures shall be constructed of materials that are
impervious to moisture and can be sanitized.
   (4) All primary enclosures shall provide adequate space and
adequate mobility for the animal or animals housed in the enclosure.
   (5) Each primary enclosure shall provide animals with an
enrichment device or devices appropriate for the species, age, size,
and condition of the animal.
   (b) In addition to the requirements set forth in subdivision (a),
primary enclosures for cats shall provide an elevated platform as
appropriate for the size of the cat.
   (c) In addition to the requirements set forth in subdivision (a),
primary enclosures for birds shall be designed to ensure all of the
   (1) A bird can fully extend both of its wings at the same time
without contacting the sides of the enclosure.
   (2) Perches are provided in a diameter that is appropriate for the
species, age, size, and condition of the bird, and for the size of
the enclosure.
   (3) There is sufficient space to enable each bird to fully extend
its wings in every direction while all birds are simultaneously
   (d) Primary enclosures for prey species shall be located where
they cannot be directly seen by predator animals for that species.
   122353.  (a) Primary enclosures shall be sanitized as often as is
necessary to reasonably ensure against odors and the risk of adverse
health impacts to the animals in the enclosure.
   (b) When the enclosure is being cleaned in a manner, or with a
substance, that is or may be harmful to the animals within the
enclosure, those animals shall be removed from the enclosure.
   (c) Enclosures shall be observed at least once daily, and animal
and food wastes, used bedding, debris, and any other organic wastes
shall be removed as necessary to prevent contamination of the animals
and to reduce disease hazards and odors.
   (d) Pest control measures shall be implemented to effectively
control infestation of vermin, insects, or other pests.
   122354.  (a) The pet store operator or at least one of his or her
employees shall be present in the store at least once daily,
regardless of whether the store is open  , for general
  for  care and maintenance of the animals in the
pet store. In the event of a natural disaster, an emergency
evacuation, or other similar occurrence, the welfare of the animals
shall be provided for, as required by this chapter, to the extent
access to the animals is reasonably available.
   (b) Except as provided in subdivision (a), a pet store operator
shall comply with the following animal care requirements:
   (1) Provide care for each animal in a humane manner.
   (2) Provide adequate food and water.
   (3) House only compatible animals in the same enclosure.
   (4) Observe each animal at regular intervals, at least once a day,
in order to recognize and evaluate general symptoms of sickness,
injury, or abnormal behavior.
   (5) Take reasonable measures to house intact mammals that have
reached sexual maturity in a manner to prevent unplanned
   (6) Maintain and abide by written animal husbandry procedures that
address animal care, management and safe handling, disease
prevention and control, veterinary care, and disaster planning,
evacuation, and recovery that is applicable to the location of the
pet store. These procedures shall be reviewed with employees who
provide animal care and shall be present in writing, either
electronically or physically, in the store and made available to all
store employees.
   (7) Follow  humane euthanasia protocols  
only acceptable humane euthanasia methods for the species affected,
 as set  forth in subdivision (g) of Section 30071 of
Title 17 of the California Code of Regulations, as amended, and the
most recent   forth in the most recent  American
Veterinary Medical Association (AVMA) Panel on Euthanasia Guidelines
to the extent consistent with California law  , including
subdivision (g) of Section 30071 of Title 17 of the California Code
of Regulations, as amended. The pet store operator shall also follow
the most recent AVMA protocols for training and handling for
euthanasia  .
   (8) Isolate  , when feasible,  and not offer for
sale, those animals that have or are suspected of having a contagious
condition. This paragraph shall not apply to those animals that are
effectively isolated by their primary enclosure, including, but not
limited to fish, provided that a sign is posted on the enclosure that
indicates that these animals are not for sale  , or otherwise
marked in a manner to prevent their sale to customers during their
treatment for the contagious condition  .
   (9) Ensure that all ill or injured animals are evaluated and
treated without  significant  delay. When necessary
for the humane care of the animals, the pet store operator shall seek
the consultation of a veterinarian  , including all cases where
an animal appears to be seriously ill or injured,  without
 significant  delay and shall follow the
veterinarian's prescribed treatment. 
   (10) Provide adequate veterinary care to all animals and follow
the documented veterinary program requirements, as described in
subdivision (c) of Section 122350. 
   122355.  (a) Each pet store operator shall ensure that records of
all veterinary visits to the pet store are documented in writing.
Veterinary treatment records shall be kept for each animal or group
of animals that receives medications or immunizations while in the
care of the pet store. These records shall include summaries of
direction received orally from veterinarians, and shall include all
of the following, to the extent it is provided by the veterinarian:
   (1) Identification of the animal or group of animals receiving
medical treatment.
   (2) Name of the medication or immunization used.
   (3) Amount of medication used.
   (4) Time and date on which the medication or immunization was
   (b) Records required by subdivision (a) shall be made available,
upon request, to a person who purchases a cat or dog, or any
individually housed animal.
   (c) The pet store shall provide to the purchaser of an animal at
the time of sale information concerning the store's animal return
policy, which shall be made available to customers either through
in-store signs or handouts to customers when they purchase an animal.
The pet store shall also provide to a purchaser of cats, dogs, and
all individually housed animals, all of the following information:
   (1) Spay or neuter procedures performed on the animal.
   (2) Vaccinations, medical treatment, and veterinary treatment
administered to the animal during its stay in the store.
   (3) Any identification device on the animal.
   (d) All records required by this section shall be maintained by
the pet store for two years from the date of disposition of the
animal, and shall be made available upon request to appropriate
enforcement officers exercising authority pursuant to Section 122356.

   122356.  (a) An animal control officer, as defined in Section
830.9 of the Penal Code, a humane officer qualified pursuant to
Section 14502 or 14503 of the Corporations Code, or a peace officer
who, in the course of inspecting a pet store, detects a violation of
the requirements of this chapter may do one or both of the following:

   (1) Take or initiate any enforcement action authorized by this
chapter or any other applicable federal, state, or local law  ,
including, but not   limited to, Section 597l of the Penal
Code, including the penalties provided in that section, if applicable
   (2) Issue a single notice of correction, which shall contain all
of the following information:
   (A) Specify every violation of this chapter found in the
   (B) Clearly identify the corrective action for each violation.
   (C) Include a specific period of time during which the listed
violation or violations must be corrected.
   (b) After issuing a  citation   notice of
correction  pursuant to this section, the inspecting officer
shall verify compliance with this chapter by conducting a subsequent
investigation of the pet store in violation of this chapter within a
reasonable period of time.
   (c) If, at his or her discretion, the officer exercising
authority, as specified in subdivision (a), determines that the
violation reflects a pattern of continued violations of the same
requirements of this chapter, the operator has failed to comply with
a notice of correction, or if the violation poses a significant risk
of harm to one or more animals, the officer may issue an infraction
 or a misdemeanor  citation or take any other action
authorized by federal, state, or local law.
   (d) Any person issued a citation pursuant to this chapter may be
subject to a penalty determined by the court.
   122357.  (a)  Notwithstanding Section 599 of the Penal Code, a pet
store shall not offer any live animal as a prize or give away any
animal as an inducement to enter any contest, game, or other
   (b) Notwithstanding Section 597z of the Penal Code, a pet store
shall not sell, offer for sale, trade, or barter any dog or cat that
is under the age of eight weeks. Notwithstanding any other provision
of law, dogs or cats over the age of eight weeks may be sold, offered
for sale, traded, or bartered only if the animal is weaned. Pet
stores shall not sell any animal before it is weaned, except for
animals intended to be used as food for other animals.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California