BILL ANALYSIS Ó
AB 339
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Date of Hearing: April 2, 2013
Counsel: Shaun Naidu
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 339 (Dickinson) - As Introduced: February 13, 2013
SUMMARY : Makes it a crime to sell, give away, or display for
sale a live animal at a swap meet. Specifically, this bill :
1)Makes it unlawful for any person to willfully sell or give
away as part of a commercial transaction a live animal at a
swap meet, with specified exceptions.
2)Makes it unlawful for any person to willfully display, offer
for sale, or offer to give away as part of a commercial
transaction a live animal at a swap meet, with specified
exceptions.
3)Makes a first offense of the above provisions an infraction
punishable by a fine not to exceed $250, unless the violation
causes an animal to suffer, be injured, or be placed in a
situation in which its life or health may be endangered, in
which case the offense is punishable as a misdemeanor. Makes
a second or subsequent violation of the above provisions a
misdemeanor.
4)Punishes a misdemeanor violation of the above provisions by a
fine not to exceed $1,000 per violation, and requires the
court to weigh the gravity of the violation in setting the
fine.
5)Allows any peace officer, animal control officer, or humane
officer, as specified, to issue a notice describing the charge
and the penalty for a violation of the above provisions.
6)Provides that the prohibition against live animal sales at a
swap meet shall not apply to the following:
a) Events held by 4-H Clubs, Junior Farmers Clubs, or
Future Farmers Clubs.
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b) California Exposition and State Fair, district
agricultural association fairs, or county fairs.
c) Stockyards that are regulated under federal law.
d) Specified livestock for sale at public sales.
e) Live animal markets regulated under state law.
f) A public animal control agency or shelter, society for
the prevention of cruelty to animals shelter, humane
society shelter, or rescue group, as specified.
g) The sale of fish or shellfish, live or dead, from a
fishing vessel, at a pier or wharf, or at a farmer's market
by any licensed commercial fisherman to the public for
human consumption.
h) A cat show, dog show, or bird show providing that all of
the following circumstances exist:
i) The show is validly permitted by the city or county
in which the show is held;
ii) Each and every participant in the show complies with
all federal, state, and local animal welfare control
laws;
iii) The participant has written documentation of the
payment of a fee for the entry of his or her cat, dog, or
bird in the show;
iv) The sale of a cat, dog, or bird occurs only on the
premises and within the confines of the show; and,
v) The show is a competitive event where the cats,
dogs, or birds are exhibited and judged by an established
standard or set of ideals established for each breed or
species.
7)Provides that nothing in this prohibition against live animal
sales shall be construed in any way to limit or affect the
enforcement of any other law that protects animals, or the
rights of consumers, as specified, or authorizes any act or
omission that violates other local, state, or federal law
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relating to animal cruelty.
EXISTING LAW :
1)Defines "swap meet" to include a flea market or an open-air
market and means an event at which two or more persons offer
merchandise for sale or exchange and that meets one of the
following conditions:
a) A fee is charged for the privilege of offering or
displaying merchandise for sale or exchange,
b) A fee is charged to prospective buyers for parking or
for admission to the area where merchandise is offered or
displayed for sale or exchange, or
c) The event is held more than six times in any 12-month
period. [Business and Professions Code Section 21661(a).]
2)Makes it unlawful, with specified exceptions, for any person
to willfully sell or offer for sale, display, or give away or
offer to give away as part of a commercial transaction a live
animal on any street, highway, public right-of-way, parking
lot, carnival, or boardwalk. (Penal Code Section 597.4.)
3)Makes it an alternate felony/misdemeanor punishable by
imprisonment in the county jail, a fine not to exceed $20,000,
or both a fine and imprisonment for every person who
maliciously and intentionally maims, mutilates, tortures,
wounds or kills a living animal, except as specified, or who
overloads, overworks, denies sustenance, cruelly beats,
mutilates, or cruelly kills any animal, and whoever having
custody of an animal, either as owner or otherwise, subjects
an animal to needless suffering or inflicts unnecessary
cruelty upon the animal, or in any manner abuses any animal,
or fails to provide an animal with proper food, drink, or
shelter or proper protection from the weather. (Penal Code
Section 597).
4)Regulates, under the Lockyer-Polanco-Farr Pet Protection Act,
the sale and care of dogs and cats by pet dealers, as defined,
and provides for civil penalties enforced by the local
district attorney or city attorney in an amount up to $1000
for violations of the Act. Requires, in part, a pet dealer to
maintain facilities where dogs are kept in a sanitary
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condition and provide adequate nutrition, potable water, and
space appropriate to the age, size, weight, and breed of dog.
(Health and Safety Code Section 122125 et seq.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Animals are
currently being sold at flea markets and swap meets in often
abysmal conditions where there is no legal oversight of the
seller and no consumer accountability. AB 339 would prohibit
the sale of animals at swap meets and flea markets to
alleviate the suffering of these animals, ensure that public
health and safety is protected, and safeguard consumers."
The author further states that "Laws that apply to pet shop do
not apply to the sale of animals at flea markets and swap
meets. Swap meets and flea markets have also historically been
prime outlets for the sale of smuggled birds presenting
conservation, welfare and disease risk concerns. The
bargain-sales atmosphere of flea markets and swap meets
encourages impulse-buying and leads to increased costs to
local government for sheltering discarded animals."
2)Existing Punishments : Existing law already punishes animal
neglect, impounding an animal without sufficient food and
water, mistreating confined animals, the sale of puppies under
eight weeks of age, keeping an animal without proper care and
regulates pet shops and live animal markets. (Penal Code
Sections 597e, 597f, 597l, 597t, 597z, 597.1, 597.3.) Some of
these offenses could apply to the behavior intended to be
prohibited by this bill. This bill makes it clear that this
section does not preclude prosecution under an existing law.
3)Animal Neglect : Animal abuse is separated into two main
categories: animal cruelty and animal neglect. Animal cruelty
generally refers to a single act of harm on an animal, while
animal neglect is defined as an act that causes extended or
prolonged suffering. Cases of animal neglect are prevalent,
and it occurs when one deprives an animal of basic needs.
These needs include shelter, nutrition and medical care. In a
study of 1,400 animal cruelty cases conducted by the Humane
Society of the United States, 41 percent of the cases involved
animal neglect. In the California Penal Code, both animal
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cruelty and animal neglect are wobblers (alternate
felony-misdemeanors).
4)Animal Sales : Numerous local governments have enacted
ordinances addressing the issue of public sale of animals.
Sacramento, Los Angeles, and San Jose counties all currently
restrict the sale of animals in many public venues.
Proponents of this legislation argue that back yard puppy
mills and irresponsible breeding practices exacerbate the need
for sales in unregulated areas. Often times, these animals
are kept in crowded and unsanitary pens or cages without
adequate water or food. Proponents also argue that the
absence of effective regulations has resulted in the sale of
young animals that are often mistreated, ill, and/or diseased.
California law provides that pet stores that sell animals
must abide by animal welfare standards to protect the health
and safety of the animals. The purpose of these regulations is
to promote proper care and treatment and reduce the risk of
disease outbreaks.
5)Regulation vs. Prohibition : This bill would impose an
outright ban on the sale of animals in swap meets or flea
markets, regardless of how well or poorly the animals are
treated. Conceivably, the animals at swap meets could be
treated far better than those at pet stores. An alternative
to this approach would be to apply the same regulations
applicable to pet stores to swap meets. Those regulations
would ensure the safe and sanitary treatment of animals at
swap meets and flea markets.
6)Argument in Support : According to the American Society for
the Prevention of Cruelty to Animals , "AB 339 would include
swap meets and flea markets into existing law that already
bans the sale of live animals along roadsides, in parking lots
and at carnivals and boardwalks. ? Unregulated animal sales
are not only an animal welfare problem; they pose problems for
consumers and threaten public health. Many of these animals
are bred and raised in poor conditions, drastically increasing
the likelihood that the animal is sick at the time of the
sale. Consumers purchasing these animals often find
themselves stuck footing huge veterinarian bills with little
recourse as very often the sellers are nowhere to be found.
"Additionally, dogs and cats sold in this manner are usually
not spayed or neutered, so they increase the probability of
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contributing to the pet overpopulation problem that leads to
tens of thousands of homeless animals being euthanized in
California every year."
7)Argument in Opposition : According to the California Swap Meet
Owners Association , "Swap Meet operators have continually
argued to be treated as other retail entities would, to create
a set of standards that we are given the opportunity to meet
in order for our vendors to sell certain items, rather than a
blanket prohibition of selling an item. ?
"Some counties in California have already set standards and
criteria for the sale of certain items at flea markets and
swap meets, which our vendors abide by. An example is that
some counties require our vendors to obtain a permit from the
County that is issued through the Veterinary Services
Departments under the County Health Department in order to
sell certain animals at our facilities. Should our vendors
break these laws and ordinances they are given a warning to
remedy the problem and should it occur again, they are then
removed and not allowed to sell at our facilities in the
future.
"It is our understanding that the sponsors of the bill want to
ensure that the health and welfare of animals are protected
and that the proper treatment and care for animals is provided
- similar to the regulations California provides for pet
stores. We agree with this premise and would be willing to
abide by criteria and standards to ensure these protections of
animals are met at our facilities."
8)Previous Legislation :
a) SB 917 (Lieu), Chapter 131, Statutes of 2011, increased
the penalty for animal neglect and made it a crime to sell
or offer to sell a live animal in specified public places.
b) AB 1122 (Lieu), of the 2009-10 Legislative Session,
would have made it a crime to sell or offer to sell a live
animal in specified public places. AB 1122 was vetoed by
the Governor.
REGISTERED SUPPORT / OPPOSITION :
Support
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Born Free USA (Co-Sponsor)
State Humane Association of California (Co-Sponsor)
Action for Animals
American Federation of State, County and Municipal Employees,
AFL-CIO
American Society for the Prevention of Cruelty to Animals
Animal Place
Best Friends Animal Society
Central California SPCA
Central Coast Society for the Prevention of Cruelty to Animals
House Rabbit Society
Human Society of the United States
Humane Society of Ventura County
Humane Society Silicon Valley
Inland Valley Humane Society & S.P.C.A.
Lake Tahoe Humane Society and S.P.C.A.
Marin Humane Society
Orange County Society for the Prevention of Cruelty to Animals
Palo Alto Humane Society
Paw PAC
Public Interest Coalition
RedRover
Sacramento SPCA
San Francisco SPCA
Santa Cruz SPCA
Santa Maria Valley Humane Society
SPCA for Monterey County
Yolo County Society for the Prevention of Cruelty to Animals
Two private individuals
Opposition
Big John's Cages
California Open-Air Marketplaces
California Swap Meet Owners Association
Denio's Farmer's Market and Swap Meet
Greenich's Acres
Kobey's Swap Meet, San Diego, CA
Analysis Prepared by : Shaun Naidu / PUB. S. / (916) 319-3744
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