Holy Moly!!! California AB 2862, Senate Floor Tomorrow!

[CavySpirit]

BILL NUMBER: AB 2862 AMENDED
AMENDED IN ASSEMBLY APRIL 6, 2006
AMENDED IN ASSEMBLY MARCH 28, 2006
INTRODUCED BY Assembly Member Ridley-Thomas FEBRUARY 24, 2006

An act to add Chapter 8 (commencing with Section 122340) to Part 6 of Division 105 of the Health and Safety Code, relating to animal sales.

LEGISLATIVE COUNSEL'S DIGEST AB 2862, as amended, Ridley-Thomas Sale of animals at pet stores. Existing law regulates the sale of dogs and cats by breeders and retail outlets and the sale of birds. This bill would, commencing July 1, 2007, 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 a misdemeanor. By creating a new 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 reimbursement. 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.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Chapter 8 (commencing with Section 122340) is added to Part 6 of Division 105 of the Health and Safety Code, to read: CHAPTER 8. SALE OF ANIMALS AT PET STORES 122340.

Definitions. As used in this act:

(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 floor space 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 processionally accepted standards for the species is considered 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 physical or psychological well-being, or both.

(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-stockcompany, 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 market place 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 temporary facilities, such as flea markets, mobile facilities, department stores, merchandise outlets, discount outlets, animal shows conducting a sale, and other types of pet stores retail outlets where the animals are intended as companions or household animals.

(k) "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.

(l) "Rodent" means an animal of the Order Rodentia, such as a guinea pig, rat, mouse, or hamster.

(m) "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.

(n) "Socialization" means physical contact with other animals of the same species or with human beings.

(o) "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.

(p) "Veterinary treatment" means treatment by or on the order of a licensed veterinarian.

(q) "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.

(r) "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. 122341.

Nothing in this section limits Section 597 of the Penal Code or Section 122155, or any of the acts or omissions required thereby.

(a) Each pet store operator or agent of the operator shall do all of the following:

(1) Be present at least once daily for general care and maintenance of the animals in the custody of the pet store.

(2) Ensure each of the following:

(A) Each animal is handled in a manner that will not cause discomfort or physical harm to that animal.

(B) Notwithstanding Section 597l of the Penal Code, adequate socialization and exercise are provided to dogs, cats, birds, rabbits, chinchillas, rats, and guinea pigs in the custody of the pet store.

(C) Pet store operators and their agents wash their hands before and after handling each infectious or contagious animal.

(b)

(1) Except as provided in paragraph

(2), each pet store operator shall ensure that clean, potable water in sufficient quantity to satisfy the animal's needs is accessible to the animal at all times. Snow or ice is not an adequate water source.

(2) Paragraph

(1) shall not apply in the following circumstances:

(A) Withholding water is otherwise required to provide adequate health care to the animal on the advice in writing of the attending California licensed veterinarian.

(B) The animal is in transit for less than four hours.

(c)

(1) Food shall be provided to each animal at least once during each 24-hour period.

(2)

(A) Any animal with a nutritional need or disease condition shall be fed more frequently on the written advice of the attending California licensed veterinarian.

(B) Young animals shall be fed more than once daily.

(C) Reptiles, fish, or amphibians shall be fed and cared for in accordance with the eating patterns and environmental conditions compatible with each individual species.

(3) The animal food must be wholesome, palatable, free from contamination, and of sufficient quantity and nutritive value to meet the normal daily requirements for the animal, based upon its species, age, condition, and size.

(4) The water and food receptacles shall be in sufficient number, of adequate size, and so located as to enable each animal in the enclosure to be supplied with an adequate amount of water and food. Bowls, dishes, and other containers used for the feeding and watering of animals shall be cleaned daily, or more often if it is necessary to maintain them free from contamination of excrement or urine. The water and food receptacles shall be so located as to minimize their potential contamination from excreta. 122342.

(a) Animals shall be removed from the primary enclosures when water steam, pressurized water, or any chemical solution is used in cleaning. All empty cages shall be kept clean at all times.

(b) Excreta shall be removed from each enclosure at least once daily. The enclosures shall be cleaned and sanitized as often as necessary to accomplish all of the following:

(1) Prevent contamination of the animals contained therein.

(2) Prevent disease hazards.

(3) Minimize odors.

(c) For bird enclosures, perches shall be cleaned on a regular basis.

(d) Any cage, room, or pen that contains any animal having an infectious or transmissible disease shall be washed each day, and after each occupancy. Effective disinfectant shall be applied as an incident of each washing.

(e) Any aquarium containing fish shall be kept in a clean, healthful condition. Live algae is not considered an unhealthful condition. Any dead fish shall be removed promptly from aquariums. 122343.

(a) Notwithstanding Sections 122155 and 122210, and Sections 597u and 597v of the Penal Code, pet store operators shall ensure that veterinary care is provided to the animals in the custody of the pet store without delay when needed to prevent suffering or to prevent disease transmission.

(b) A documented program for disease prevention, parasite control, euthanasia, and adequate veterinary care shall be established and maintained with a California licensed veterinarian as follows:

(1) Each animal shall be observed daily by the animal caretaker in charge, or by someone under his or her direct supervision, for the purpose of monitoring health, nutrition, and well-being of the animal.

(2) Animals that become seriously ill or seriously injured shall be diagnosed by a California licensed veterinarian in a timely manner and the prescribed therapy followed. Sick or injured animals shall be treated as follows, as appropriate:

(A) Provided with timely veterinary care as is needed for the health and well-being of the animals.

(B) Euthanized humanely and promptly by the pet store's attending veterinarian.

(C) Surrendered, with the express consent of the recipient, to a local public or private animal shelter.

(3) Animals shall not be euthanized in any way except through the most current, approved euthanasia methods established by the American Veterinary Medical Association panel on euthanasia. Euthanasia shall not be accomplished by placing a live animal in a freezer.

(4) Veterinary treatment records shall be kept for all animals, except fish, that receive any medication or immunization used in the treatment or prevention of illness or the treatment of injury while in the care of the pet store. The records shall be made available to the enforcing officer. 122344. Each pet store operator shall ensure all of the following:

(a) All enclosures in which one or more animals are housed or exercised are structurally sound and constructed and maintained ingood repair, so as to prevent injury to the animal, to contain the animals and keep other animals out, and to promote the health and safety of the enclosed animals and the public.

(b) Intact mammals that have reached sexual maturity are housed in a manner to prevent reproduction, unless the animals are intentionally bred by the pet store to produce additional animals for sale.

(c) The animals in the pet store's custody are kept clean and dry, unless species-specific requirements dictate an aquatic or semi-aquatic environment.

(d) Mammals, ducks, chickens, and pheasants housed on wire flooring are provided with a rest board, floor mat, or similar device that is large enough to provide adequate space for all the occupants of the primary enclosure at the same time. If the floor is constructed of mesh or slats, it shall be strong enough to prevent sagging and with a mesh small enough that it will not allow th eanimals' feet to pass through any openings in the floor.

(e) Adequate space is provided in the primary enclosure for the particular type of animal enclosed therein. 122345. Notwithstanding Section 597l of the Penal Code andSection 122155, a pet store operator shall ensure that all the following housing requirements are met:

(a)

(1) Each confined dog shall be provided a minimum square footage of floor space. The minimum square footage of floor space is equal to the mathematical square of the sum of the length of the dog in inches, as measured from the tip of its nose to the base of its tail, plus six inches as represented by the following formula. The calculation is:

(length of dog in inches plus six) multiplied by

(length of dog in inches plus six) equals the required floor space in square inches. Required floor space in inches divided by 144 equals required floor space in square feet.

(2) The interior height of a primary enclosure must be at least six inches higher than the head of the tallest dog in the enclosure when the dog is in a normal standing position.

(3) Not more than four adult dogs may be housed in the same primary enclosure.

(b) The primary enclosure for each cat or rabbit, including weaned juveniles, that is housed in any primary enclosure shall be provided minimum vertical space and floor space as follows:

(1) Each primary enclosure housing cats or rabbits shall be at least 24 inches high.

(2) Each cat or rabbit shall be provided with at least three square feet of floor space.

(3) The minimum floor space required by this section is exclusive of any food or water pans. The litter pan may be considered part of the floor space if it is properly cleaned and sanitized.

(c) Any primary enclosure for one or more birds shall meet all of the following requirements:

(1) A shelter or cage for a bird shall be constructed of materials that are impervious to moisture and can be readily cleaned.

(2) Sandpaper-covered perches or perches covered in an abrasive material are not permitted.

(3) Enclosures shall allow the birds within to fly, hop, or otherwise move about.

(4) Each enclosure shall have at least one form of enrichment appropriate for the species per each four animals.

(5)

(A) Perches or other space shall be provided to allow each bird to roost without physical harassment from other birds.

(B) A single well-placed perch may be adequate for psittacines.

(C) Two perches, one at each end of the cage, shall be provided for all bird species, including finches and canaries, that prefer flying or jumping to climbing.

(D) Perches shall be placed to prevent droppings from contaminating other birds and the birds' food and water supply and in order to prevent the bird's tail from having contact with the food and water.

(6)

(A) Sufficient space shall be provided for each bird to obtain exercise to maintain itself in good health. Each bird shall be housed in a cage of sufficient size and dimensions as to allow an amount of perch space to enable it to fully extend its wings in every direction while all birds are simultaneously perched without having to touch another bird, obstacle, or the side of the cage.

(B) For medium-sized psittacines, including lories, conures, Amazons, and African greys, each cage shall measure at least 24 inches wide, 18 inches deep, and 24 inches high.

(C) For small-sized psittacines, including cockatiels and parakeets, each cage shall measure at least 18 inches by 18 inches, and 18 inches high.

(D) For passerines, including canaries and finches, each cage shall measure 12 inches by 17 inches and be at least 7 inches high.

(d)

(1) Each enclosure housing one or more rodents must include materials that allow necessary chewing to prevent detrimental overgrowth of the animals' teeth. Each enclosure shall also include at least one enrichment, which may include a climbing box, ball, or PVC tubing. Each enclosure shall also include shelters or nest boxes that are of sufficient size to accommodate all animals in the enclosure simultaneously.

(2) The materials used to construct a rodent enclosure shall be of sufficient strength to prevent escape and injury from gnawing or chewing and to protect the animals housed inside from predators.

(3) A rodent enclosure with a solid bottom shall be constructed of material that is impervious to moisture. An enclosure with a wire or mesh bottom shall be constructed to allow excreta to pass through the spaces in the wire or mesh. However, the wire or mesh floor shall be constructed to prevent injury to the feet and legs of any animal in the enclosure.

(4)

(A) There shall be sufficient height and floor space for caged rodents to obtain proper exercise and maintain good health.

(B) Enclosures that house up to four small rodents shall measure at least one square foot wide and nine inches high. For each additional animal, the cage space shall be increased by 25 percent of original floor area. Each enclosure shall have one gnawing item and an exercise wheel per each four animals.

(C) Enclosures housing medium-sized rodents, including rats and guinea pigs, shall measure at least one square foot, 12 inches high, per animal. For each additional animal, the cage size shall be increased by 25 percent of original floor area. Each enclosure shall have one gnawing item and a nest box per four animals. Each enclosure that houses one or more rats also shall include a climbing apparatus. 122346. Notwithstanding Section 597l of the Penal Code, each pet store operator shall ensure all of the following:

(a) Each confinement area that houses one or more animals is maintained at a temperature that is suitable for the animal housed within and that maintains the animals' health and comfort. For cold-blooded animals, a temperature that is compatible to the well-being of the species shall be maintained.

(b) Lighting of sufficient intensity and distribution shall be available to permit all of the following:

(1) Routine inspection of the animals, including feeder mice and rats, in the pet store's custody for signs of stress, illness, or injury.

(2) Proper cleaning of the enclosures and the premises.

(3) For enclosures for birds allow at least eight hours of either natural or artificial light daily to allow the birds to intake food and water.

(4) For enclosures that house one or more animals adequate ventilation shall be provided to the confined animal. Additional ventilation shall be provided when the ambient temperature rises to a level that may negatively impact the health of the animal. 122347.

(a) A pet store shall not sell or offer for sale any wild mammal or wild reptile designated pursuant to Section 671 of Title14 of the California Code of Regulations.

(b) A pet store shall not sell or offer for sale any reptile or amphibian that is native to the State of California.

(c) Notwithstanding Section 599 of the Penal Code, a pet store shall not offer any live animal as a raffle, prize, advertising device, or promotional consideration. 122347.

(a) Notwithstanding Section 599 of the Penal Code, a pet store shall not offer any live animal as a raffle, prize, advertising device, or promotional consideration.

(d)

(b) A pet store shall not sell, offer for sale, trade, or barter an animal that is under the age of eight weeks. Notwithstanding Sections 122320 and 122321, an animal that is over the age of eight weeks may be sold, offered for sale, traded, or bartered only if the animal is weaned.

(c) Subdivision

(b) shall not apply to the sale, trade, or barter by pet stores of rodents intended as food for reptiles. 122348. Each pet store operator shall ensure all of the following:

(a) That records of all veterinary visits to the pet store premises are documented in writing. Veterinary treatment records shall be kept for each animal that receives medications or immunizations while in the care of the pet store. These records include all of the following:

(1) Identification of the animal 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 administered.

(b) Records required by subdivision

(a) shall be kept at the petstore for one year after the sale of the animal. 122349.

(a) Notwithstanding Section 122145, accurate records shall be kept and maintained for each animal purchased, acquired, held, transported, sold, or otherwise disposed of. The records shall include all of the following:

(1) The name, address, and telephone number of the person from whom each animal was acquired and his or her United States Departmentof Agriculture license number, if applicable, or his or her driver's license number or federal tax identification number.

(2) The date each animal was acquired.

(3) A description of each animal showing age, size, color, markings, sex, breed, and species. Records shall also include anyother significant identification for each animal, including any microchip, official tag number, official leg band number, or tattoo.

(4) The name and address of the person to whom each animal is sold, given, bartered, or delivered. The record shall show the method and date of disposition, including sale, death, or transfer.

(b) Records required by subdivision

(a) shall be maintained by the pet store for a minimum of one year after the sale or transfer of the animal.

(c) This section does not apply to the disposition of fish, insects, arachnids, and crustacea. 122350.

(a) Notwithstanding Sections 122137, 122140, 122190, and122220, pet store operators shall ensure all of the following:

(1) Notwithstanding Section 122215, a notice is posted stating the origin of the animals offered for sale by the pet store. The notice shall be accurate and provide all of the following information for each type of animal offered:

(A) The name of the company.

(B) The name of the breeder, if different from the company.

(C) The city and state of origin. The address and telephone number for the company or breeder of each type of animal offered for sale shall be made available to the enforcing officer and inspector upon request.

(2) Paragraph

(1) does not apply to fish, insects, arachnids, and crustacea.

(3) That written disclosure of all treatments administered for 30 days prior to transfer is provided at the time of sale to each purchaser of an animal. This applies to immunizations, medications, wormers, and treatments for parasites. A record detailing the product used, the dosage, and the date administered must be provided.

(4) Except for fish, insects, arachnids, and crustacea, the pet store furnishes the purchaser of each animal a written statement at the time of sale. The statement shall show all of the following:

(A) Date of sale and date of birth of the animal, if known.

(B) Name, address, and telephone number of the pet store.

(C) Name, address, and telephone number of purchaser.

(D) Breed and description of animal, including the age, sex, and weight of the animal.

(E) For birds, the leg band identification number of the bird being sold.

(b) A complete copy of this chapter shall be posted in the pet store premises and provided to all staff members. 122351.

(a) Animal control officers exercising their authority under Section 830.9 of the Penal Code, law enforcement officers, and humane officers qualified pursuant to Section 14502 or 14503 of the Corporations Code, may conduct investigations to ensure compliance with this chapter.

(b) A violation of any provision of this chapter is punishable as either an infraction or a misdemeanor at the discretion of the prosecutor. In determining the penalty, the degree and extent of harm caused to the public and to the affected animals as a result of the violation shall be considered. A second or subsequent conviction is punishable as a misdemeanor. Each violation of this chapter with respect to each animal constitutes a separate offense. An infraction under this chapter is punishable upon conviction by a fine of up to two hundred fifty dollars

($250) as to each animal with respect to which a violation occurs. A misdemeanor under this chapter is punishable upon conviction by a fine of up to one thousand dollars ($1,000) as to each animal with respect to which a violation occurs, and imprisonment in a county jail for not more than six months.

(c) Notwithstanding any other penalty imposed, the enforcing officer may issue a correction notice requiring the violation to be remedied within 14 days. However, if the violation endangers the immediate health or safety of an animal in the custody of the licensee, the correction may be required within 24 hours. Nothing in this subdivision affects the authority of the enforcing officer to seize and impound an animal pursuant to Section 597.1 of the Penal Code.

(d) Nothing in this chapter shall be interpreted to limit or authorize any act or omission that violates the state's anticruelty laws.

SEC. 2. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SEC. 3. Section 1 of this act shall become operative July 1, 2007.

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 Constitution.

[CavySpirit]

PIJAC is trying to fight it, of course. Here is their call to action for their members:

[FONT=Times New Roman]CALIFORNIA PET STORE BILL
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[FONT=Times New Roman]AMENDED AND SET FOR HEARING[/FONT]

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APRIL 4 HEARING TO FOCUS ON BILL

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[FONT=Times New Roman]DISCRIMINATING AGAINST PET STORES[/FONT]

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The Issue.

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The sponsor of legislation creating broad new restrictions on animal retailers has amended the [/FONT][FONT=Times New Roman]bill to eliminate opposition. Assembly Bill 2862, which originally would regulate anybody [/FONT][FONT=Times New Roman]selling animals at retail, will now target only pet stores, as defined by the bill. This [/FONT][FONT=Times New Roman]discriminatory measure imposes excessive requirements that in some cases are unrelated to [/FONT][FONT=Times New Roman]welfare of animals and in others would constitute compliance impossibilities. [/FONT][FONT=Times New Roman]This legislation is [/FONT][FONT=Times New Roman]gaining momentum; it is imperative that opponents contact committee members to voice[/FONT]

[FONT=Times New Roman]their concerns about the measure as soon as possible.[/FONT]

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The Impact.

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The Animal Protection Institute is widely promoting AB 2862, with unsubstantiated allegations [/FONT][FONT=Times New Roman]about “abundant evidence of animal suffering” in California pet stores. This animal advocacy group [/FONT][FONT=Times New Roman]claims that its “undercover investigation” revealed most pet stores failed to meet its view of [/FONT][FONT=Times New Roman]adequate care standards, with nearly half of the stores having animals that were “sick, injured or [/FONT][FONT=Times New Roman]show[ing] signs of neglect.” To view API’s various derogatory comments about pet stores, or “little[/FONT]
[FONT=Times New Roman]shops of sorrows,” visit their website at: [/FONT][FONT=Times New Roman]Little Shops of Sorrows: Quick Facts[/FONT][FONT=Times New Roman].[/FONT]
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[FONT=Times New Roman]Provisions of AB 2862 are drawn from a draft prepared by API. As introduced, the bill would have [/FONT][FONT=Times New Roman]applied to any retail animal outlet, defined as an establishment where animals are bought, sold, [/FONT][FONT=Times New Roman]exchanged or offered for sale to the general public “with the intent of making a profit.” In order to [/FONT][FONT=Times New Roman]eliminate segments of opposition, however, the sponsor has amended the bill to target only pet [/FONT][FONT=Times New Roman]stores, meaning animals must be “intended as companion or household animals.”[/FONT]
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[FONT=Times New Roman]California law already establishes a number of requirements for pet store animals, rendering this bill [/FONT][FONT=Times New Roman]unnecessary. Should it pass, however, AB 2862 would all but ensure pet stores are out of [/FONT][FONT=Times New Roman]compliance with the law by imposing impractical and excessive mandates. Several of the terms or[/FONT]
[FONT=Times New Roman]provisions of the bill are subjective and ambiguous, meaning there is no way someone can ensure he [/FONT][FONT=Times New Roman]or she is in compliance.[/FONT]

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March 29, 2006

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[FONT=Times New Roman](CA AB 2862)[/FONT]
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Examples of such language include:[/FONT]

[FONT=SymbolMT]• [/FONT][FONT=Times New Roman]A prohibition against causing any animal “discomfort.” Who is to determine whether an animal [/FONT][FONT=Times New Roman]feels “discomfort”? Do animals ever feel “discomfort” from receiving vaccinations, or otherwise [/FONT][FONT=Times New Roman]undergoing examination or treatment? [/FONT][FONT=Times New Roman]That would constitute a violation under this bill. [/FONT][FONT=Times New Roman]What [/FONT][FONT=Times New Roman]about feeder animals – do they experience any discomfort? [/FONT][FONT=Times New Roman]That’s another violation. [/FONT][FONT=Times New Roman]Pet stores [/FONT][FONT=Times New Roman]should be aware that amendments [/FONT][FONT=Times New Roman]specifically include feeder animals in the definition of animal.[/FONT]

[FONT=SymbolMT]• [/FONT][FONT=Times New Roman]A mandate to have water accessible to animals “at all times.” This means that water receptacles [/FONT][FONT=Times New Roman]cannot be removed from an enclosure to be refilled, and should animals exhaust their water supply [/FONT][FONT=Times New Roman]at any time, even for a matter of seconds, [/FONT][FONT=Times New Roman]that would constitute a violation.[/FONT]

[FONT=SymbolMT]• [/FONT][FONT=Times New Roman]The requirement to maintain all intact, sexually mature mammals “in a manner [so as] to prevent [/FONT][FONT=Times New Roman]reproduction, unless the animals are intentionally bred.” This means that all small animals must be [/FONT][FONT=Times New Roman]segregated by sex.[/FONT]

[FONT=SymbolMT]• [/FONT][FONT=Times New Roman]A requirement that animals have a “form of enrichment appropriate” to the animal. What is the [/FONT][FONT=Times New Roman]standard for determining whether the “form of enrichment” is appropriate? Note that this extends to [/FONT][FONT=Times New Roman]feeder animals as well, such as rodents.[/FONT]

[FONT=SymbolMT]• [/FONT][FONT=Times New Roman]A minimum space standard for birds such as to permit “each bird to obtain exercise to maintain [/FONT][FONT=Times New Roman]itself in good health.” How much space is necessary for a bird “to maintain itself in good health”? [/FONT][FONT=Times New Roman]Who will make this determination? [/FONT][FONT=Times New Roman]Since humane officers are empowered to enforce this law, does their subjective opinion as to [/FONT][FONT=Times New Roman]what constitutes a violation under these various provisions prevail? How is a pet store owner [/FONT][FONT=Times New Roman]supposed to ensure compliance if he or she can’t even reasonably anticipate what an inspector [/FONT][FONT=Times New Roman]is going to call a violation?[/FONT]

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[FONT=Times New Roman]Minimum sizes for primary enclosures are based on standards developed for long-term housing of [/FONT][FONT=Times New Roman]animals, not pet store housing. Numerous other specific standards are included in the bill that may [/FONT][FONT=Times New Roman]be impractical or inconsistent with appropriate animal welfare standards. To view all specific p[/FONT][FONT=Times New Roman]rovisions of this bill, visit the Breaking News section of PIJAC’s Website at: [/FONT][FONT=Times New Roman]www.pijac.org[/FONT][FONT=Times New Roman].[/FONT]

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Recommended Action.

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Assembly Bill 2862 is set for a hearing on April 4, 2006 at 9:00 a.m. in Room 447 before the [/FONT][FONT=Times New Roman]Business and Professions Committee. [/FONT][FONT=Times New Roman]Pet stores should immediately contact all committee [/FONT][FONT=Times New Roman]members [/FONT][FONT=Times New Roman](see attached list) [/FONT][FONT=Times New Roman]by phone, fax and email to voice opposition. Urge customers, [/FONT][FONT=Times New Roman]friends and other acquaintances to contact committee members as well. It is particularly [/FONT][FONT=Times New Roman]critical to communicate with committee members representing your district. [/FONT][FONT=Times New Roman]Ask legislators [/FONT][FONT=Times New Roman]for a specific commitment to OPPOSE THIS BILL. Advise PIJAC of the response you received.[/FONT]
[FONT=Times New Roman]In order to follow up with PIJAC, or to ask any questions about the bill, contact PIJAC’s Michael [/FONT][FONT=Times New Roman]Maddox via email at: [/FONT][FONT=Times New Roman]mmaddox@pijac.org[/FONT][FONT=Times New Roman], or by phone at 202-452-1525.[/FONT]

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State of California

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[FONT=Times New Roman]Assembly Committee on Business & Professions[/FONT]
[FONT=Times New Roman]1020 N Street, Room 124[/FONT]
[FONT=Times New Roman]Sacramento, CA 95814[/FONT]
[FONT=Times New Roman]916/319-3301[/FONT]

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ASSEMBLY MEMBER TEL. # FAX # EMAIL

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Gloria Negrete McLeod (Ch)(D-61 Chino, Montclair, Ontario, Pomona) 916/319-2061 916/319-2161 assemblymember.mcleod@assembly.ca.gov

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[FONT=Times New Roman]Shirley Horton (V-Ch)(R-78 San Diego, Chula Vista, Lemon Grove) 916/319-2078 916/319-2178 assemblymember.shirley.horton@assembly.ca.gov[/FONT]
[FONT=Times New Roman][/FONT]
[FONT=Times New Roman]Karen Bass (D-47 Culver City, Westwood, Ladera Heights) 916/319-2047 916/319-2147 [/FONT]
[FONT=Times New Roman]assemblymember.bass@assembly.ca.gov[/FONT]
[FONT=Times New Roman][/FONT]
[FONT=Times New Roman]Paul Koretz (D-42 Belair, Beverly Hills, Hollywood, Los Angeles) 916/319-2042 916/319-2142 [/FONT]
[FONT=Times New Roman]assemblymember.koretz@assembly.ca.gov[/FONT]
[FONT=Times New Roman][/FONT]
[FONT=Times New Roman]Bill Maze (R-34 Inyo County, Kern County, San Bernardino, Tulare County) 916/319-2034 916/319-2134 assemblymember.maze@assembly.ca.gov [/FONT]
[FONT=Times New Roman][/FONT]
[FONT=Times New Roman]Joe Nation (D-06 Marin County, Sonoma County) 916/319-2006 916/319-2106 [/FONT]
[FONT=Times New Roman]assemblymember.joe.nation@asm.ca.gov[/FONT]
[FONT=Times New Roman][/FONT]
[FONT=Times New Roman]Van Tran (R-68 Anaheim, Costa Mesa, Garden Grove, Newport Beach) 916/319-2068 916/319-2168 [/FONT]
[FONT=Times New Roman]assemblymember.tran@assembly.ca.gov[/FONT]
[FONT=Times New Roman][/FONT]
[FONT=Times New Roman]Juan Vargas (D-79 Chula Vista, Coronado, National City, San Diego) 916/319-2079 916/319-2179 [/FONT]
[FONT=Times New Roman]assemblymember.vargas@assembly.ca.gov[/FONT]

[FONT=Times New Roman]Leland Yee (D-12 Broadmoor, Colma, Daly City, San Francisco) 916/319-2012 916/319-2112 [/FONT]
[FONT=Times New Roman]a[/FONT][FONT=Times New Roman]ssemblymember.yee@assembly.ca.gov[/FONT]

[CavySpirit]

More Pet Trade scare tactics:

[FONT=Times New Roman]AB 2862 MOVING THROUGH THE LEGISLATURE[/FONT]

[FONT=Times New Roman]As AB 2862 continues its steady march through the legislature, California’s pet stores may have to prepare to change how they do business. Indeed, they may have to stop doing business altogether. Because this bill places so many burdensome and impractical requirements on pet stores, large and small, the sale of pet animals in California could quickly become a thing of the past.[/FONT]

[FONT=Times New Roman]Although California already regulates pet stores more heavily than most other states, AB 2862 imposes a number of standards already found in current California law, as well as the following new requirements:[/FONT]
[FONT=Times New Roman]
�� Explicit cage sizes, with numbers of animals per cage, that are not supported by the medical or
biological needs of the animals but would demand space needs for some animals that few pet stores
could meet.
�� Burdensome record-keeping requirements that are both unnecessary and invasive of privacy.
�� Identification of veterinary treatment for each individual animal that would require individual
enclosures or banding/tagging each animal for identification.
�� Posting the source of all animals so that customers may by-pass pet stores and activists can harass
those who provide pet stores their animals.
AB 2862’s main proponent has acknowledged the goal of ending pet store sales of live animals.
Adoption of this bill would certainly be a step in that direction. It could criminalize pet stores that:
�� Ever handle an animal in a manner that causes “discomfort.” All living things experience occasional
discomfort.
�� Sell an animal (other than feeder rodents) less than eight weeks of age.

Violations of this law, even if minor and inadvertent, can result in jail time of six months.
[/FONT]

[CavySpirit]

REGISTERED SUPPORT / OPPOSITION :

Support

Animal Protection Institute (sponsor)
ASPCA
Animal Legislative Action Network
Association of Veterinarians for Animal Rights
Avian Welfare Coalition
Best Friends Animal Society
California Animal Association
California Animal Control Directors Association
Channel Islands Animal Protection Association
East Bay Animal Advocates
House Rabbit Society
Human Society of the United States
Indonesian Parrot Project
Mickaboo Cockatiel Rescue
Parrots First
People for the Ethical Treatment of Animals
Sacramento SPCA
San Diego Animal Advocates
The Wild Connection
Numerous individuals

Opposition

International Animal Welfare Alliance
Pet Industry Joint Advisory Council
PETCO
Numerous individuals

According to the reporter that called me for an interview, Petco has withdrawn their opposition--apparently, in light of the overwhelming support AND likelihood of it passing!

[CavySpirit]

Official analysis, part 1.

Purpose of this bill

According to background information provided by the author's office, the Animal Protection Institute (API), the sponsor of this bill, conducted an undercover investigation in 2005 documenting conditions in 64 randomly selected pet stores in California that sold live animals. The stores were located in four major urban areas: Sacramento, San Francisco, Los Angeles, and San Diego. According to API, the investigation, "revealed widespread violations of California law designed to protect animals sold in pet shops. It also highlighted how many of the state's laws fail to actually protect animals by, for example, not addressing key welfare issues or by exempting many of the species sold in pet shops."

API asserts that "in a retail environment, animals must be treated like commodities in order for the store to realize profit. The cost of veterinary care for sick and injured animals can easily exceed the animals' commercial value, and providing enrichment or adequate cage space cuts into profits, if only marginally. As a result, pet shop owners or managers often have conflicting responsibilities of making a store profitable and caring for animals."

According to the sponsor, "the existing statutes governing veterinary treatment of pet store animals as well as sanitation and housing requirements are vague and very difficult to enforce. In addition, several of the protections provided to animals sold at retail are limited to dogs and cats. California's laws need to be strengthened by providing specific standards governing housing, sanitation, and veterinary care of animals that will apply to all pet stores that sell live animals. These standards will result in better care for the animals, improved consumer protection, and more equal and fair treatment of the pet stores under the law."

Background

The federal Animal Welfare Act (AWA) was signed into law in 1966. This law regulates the treatment of animals in research, exhibition, transport, and by dealers. The AWA does not apply to traditional retail pet stores and, as a result, the individual states are the primary source of legal protections for animals housed in pet stores. These state laws require pet store operators to carry out specific duties with respect to the care and sale of animals. In California, because pet stores are not licensed, and therefore not directly regulated by an agency, board or bureau, enforcement of the law is consumer complaint driven. Local animal control agencies are primarily the enforcing entity, responding to complaints and referring violations to the district attorney's office.

Some counties and cities in California have local permitting requirements for pet stores.

Current State Law

Currently the state Penal Code section relating to pet shops is very general in respect to the care and treatment of animals in the custody of pet shops. All animals under the care of a pet shop must be provided with adequate nutrition, adequate space appropriate to the size, weight and species of the animal, humane care, and proper heating and ventilation in the facilities housing animals. Additionally, the pet shop owner must take reasonable care to sell only animals that are disease and injury free.

Cats and dogs sold in pet shops, under current Health and Safety Code statutes, receive extra consideration. The chart below shows provisions of California law that go beyond the general stipulation for all pet animals sold in pet stores outlined in the Penal Code.

[FONT=Fixedsys]------------------------------------------------------------ [/FONT]
[FONT=Fixedsys]|................... |CATS |DOGS | BIRDS |REPTILES/ |RABBITS|[/FONT]
[FONT=Fixedsys]|................... |.....|.....| ..... |AMPHIBIANS|.......|[/FONT]
[FONT=Fixedsys]|--------------------+-----+-----+-------+----------+-------|[/FONT]
[FONT=Fixedsys]|Mandatory Vet...... | ... | X ..| ..... | ........ | ..... |[/FONT]
[FONT=Fixedsys]|Examination........ | X**.| ... | ..... | ........ | ..... |[/FONT]
[FONT=Fixedsys]|--------------------+-----+-----+-------+----------+-------|[/FONT]
[FONT=Fixedsys]|Retention of Vet... | X.. | X.. | ..... | ........ | ..... |[/FONT]
[FONT=Fixedsys]|Records............ | ... | ... | ..... | ........ | ..... |[/FONT]
[FONT=Fixedsys]|--------------------+-----+-----+-------+----------+-------|[/FONT]
[FONT=Fixedsys]|Vet Record......... | ... | X.. | ..... | ........ | ..... |[/FONT]
[FONT=Fixedsys]|Disclosure*........ | ... | ... | ..... | ........ | ..... |[/FONT]
[FONT=Fixedsys]|--------------------+-----+-----+-------+----------+-------|[/FONT]
[FONT=Fixedsys]|Animal's Origin.... | X.. | X.. | ..... | ........ | ..... |[/FONT]
[FONT=Fixedsys]|Disclosure......... | ... | ... | ..... | ........ | ..... |[/FONT]
[FONT=Fixedsys]|--------------------+-----+-----+-------+----------+-------|[/FONT]
[FONT=Fixedsys]|Animal Information. | ... | X.. | ..... | ........ | ..... |[/FONT]
[FONT=Fixedsys]|Postings........... | ... | ... | ..... | ........ | ..... |[/FONT]
[FONT=Fixedsys]|--------------------+-----+-----+-------+----------+-------|[/FONT]
[FONT=Fixedsys]|Socialization...... | ... | X.. | ..... | ........ | ..... |[/FONT]
[FONT=Fixedsys]|Requirements....... | ... | ... | ..... | ........ | ..... |[/FONT]
[FONT=Fixedsys]|--------------------+-----+-----+-------+----------+-------|[/FONT]
[FONT=Fixedsys]|Cage Specifications | ... | X.. | ..... | ........ | ..... |[/FONT]
[FONT=Fixedsys]|--------------------+-----+-----+-------+----------+-------|[/FONT]
[FONT=Fixedsys]|Pet Warranty....... | ... | X.. | ..... | ........ | ..... |[/FONT]
[FONT=Fixedsys]|--------------------+-----+-----+-------+----------+-------|[/FONT]
[FONT=Fixedsys]|Unweaned/Age/Size.. | ... | X.. | X.... | X....... | ..... |[/FONT]
[FONT=Fixedsys]|Limitation......... | ... | ... | ..... | ........ | ..... |[/FONT]
[FONT=Fixedsys]-------------------------------------------------------------[/FONT]

* Disclosure beyond immunizations and worming treatments. A purchaser of both cats and dogs must be given a written statement disclosing immunizations and worming treatments administered.

** For cats - only if the animal is to be placed with other cats.

Most of the general provisions contained in this bill already pertain to dogs. This bill will extend the same pet and consumer protection measures consistently to all other animals sold in pet stores, with specified exceptions for fish, insects, arachnids, crustascea, and rodents intended as food for reptiles. Additionally, this bill modifies current law by defining more specifically, and in detail, what are currently subjective and general requirements for pet shop animal care. For instance, all animals in pet shops now must be provided adequate space appropriate to the size, weight and species of the pet animal. From both an enforcement perspective and a business owner perspective, compliance is subjective. This bill specifies cage requirements for each type of animal that is consistent with the specifications outlined in the AWA.

However, PETCO, in opposition, contends "the bill's language further confuses the definitions already in place. For instance, the bill requires vet care 'without delay' in cases where animals are 'seriously injured' and 'as needed'. Those terms are left to individual interpretation - resulting in confusion for store operators as well as selective or inconsistent enforcement. The bill contains this type of vague language throughout [and] is substantially duplicative of existing pet care laws and regulations especially applicable to dogs, cats, and birds."

According to PETCO, "This measure [AB 2862] reads like a detailed set of regulations rather than statute. The legislature lacks the necessary information and education to properly understand the rationale and necessity for many of the detailed, prescriptive requirements of this measure."

However, currently there is no state government entity regulating the pet store industry (as is done in 21 other states), so statutes, including detailed statutes, would appear to be appropriate for California. Moreover, the argument that the Legislature "lacks the necessary information and education to properly understand the rationale and necessity" for this bill is an assertion that reasonable people could disagree with.

[CavySpirit]

Official analysis, part 2.

Public health concerns

Current law requires sanitary conditions for all animals sold in pet shops, but the statutory language is vague and difficult to enforce. According to the sponsor, "dirty cages and food or water bowls encrusted with feces were an all-too-common sight in the pet stores API's investigator visited. This lack of sanitation can expose animals to deadly bacteria, viruses, or fungi that can cause illness or death and that pose public health and safety risks to humans. Diseases that can be transmitted from animals in pet stores to humans include salmonellosis, ringworm, scabies, psittacosis, and lymphocytic choriomeningitis virus."

In 2003, California, along with five other states, experienced an outbreak of Exotic Newcastle Disease (END). Though this disease did not pose a risk to human health, it did lead to the destruction of more than 3 million birds. The disease is a very serious, contagious and often fatal viral disease that affects most species of bird. END can only be eradicated by rapidly identifying and destroying all infected and exposed birds. Affected facilities require extensive cleaning and disinfection to get rid of the disease and prevent reinfection.

According to testimony given by Dr. Richard Breitmeyer, a California licensed veterinarian, and Dr. Annette Whiteford, director of Animal Health and Food Safety, at a California Joint Legislative Committee (Committee) hearing on Emergency Services and Homeland Security, March 17, 2006, the END outbreak started and primarily circulated in backyard flocks in semi-urban, culturally diverse communities in the greater LA area. The response to END included nine counties and four other states, ten state and federal agencies, and 19,000 locations. This information is being reviewed in order to access California's preparedness to respond to the imminent onset of the avian influenza (AI) epidemic among California poultry and the bird flu pandemic among Californians. However, according to hearing testimony, dealing with AI is different for the following reasons: AI is spreading now both by wild waterfowl, human movement of birds and contaminated materials; AI has developed the ability to jump between species, wild waterfowl to poultry, and back, with more avian species affected than normal, with unprecedented lethality that includes other species such as felines; and, AI has serious human health impacts.

Record keeping and posting requirements

In opposition, the Pet Industry Joint Advisory Council (PIJAC) states that this bill has, "a very burdensome record keeping requirement which includes all veterinary visits and care; records for each animal purchased, acquired, held, transported, sold, and disposed of; posting requirements of animals offered for sale with information on each which includes: company name, name of breeder, city and state of origin (including address and telephone numbers); written treatments for the past 30 days." PIJAC continues, "while the keeping of records for dogs and cats may be reasonable, individual records for every animal in the store, including rodents and other small animals, is clearly excessive and of dubious value."

However, contrary to PIJAC's statement, this bill does not require the posting of the breeders or company address and phone number, but only the name of company and/or breeder, for each type of animal offered. Nonetheless, it can be argued that the keeping of records for every animal in the store, excluding only fish, insects, arachnids, and crustacea, could be overly burdensome. Specifically, the purchasing records provision that requires detailed information on the purchaser of each animal sold by the pet store may not be practical for rodents intended for food for reptiles.

The International Animal Welfare Alliance (IAWA) is opposed to this bill unless amended to exempt rodents intended as food for reptiles from the provisions relating to the above mentioned purchaser records, the animal origin posting requirements, and the disclosure requirement of veterinarian treatments to consumers. Additionally, IAWA is requesting further amendments to: clarify the term "young animal"; delete the provision allowing the surrendering of seriously ill animals by pet stores to shelters; and delete the requirement for a veterinarian's "written" advice to restrict an animal's access to water.

Possible implementation issue

Currently there are two definitions of "pet shop" in the Penal Code referring to establishments that sell "pet animals", and a definition in the Health and Safety Code that refers to pet shops, relating specifically to the retail sale of birds. Additionally, there is a definition of "pet dealer" in the Health and Safety Code that applies only to retail establishments selling cats and/or dogs. This bill will add a similar definition of "pet store" to the Health and Safety Code.

Support

In its letter of support, the California Animal Control Directors Association (CACDA) writes, "Animal Control agencies regularly respond to complaints of substandard care of animals in pet shops throughout California. It is not uncommon for investigation officers to see animals crowded into cages, animals that are sick, and/or animals that are neglected and in need of veterinary care. Existing law needs to be strengthened to better define acceptable care and housing conditions for the wide variety of species housed and for sale in pet shops." CACDA continues, "This [bill] would afford Animal Control agencies the ability to more effectively educate and enforce humane care and conditions of all animals in pet shops."

Best Friends Animal Society states in its support letter, "I have written extensively on this subject, particularly as to how the retail model of "Big Box" stores is ill suited to living creatures. High volume, low overhead, low paid employees may work well for toasters, TVs and tank tops, but just doesn't work for parrots, rabbits and pocket pets. Likewise, small, unregulated pet retailers cut corners on animal care and health in order to compete with the big chains."

According to People for the Ethical Treatment of Animals, "Common problems in the pet shop industry include selling unweaned/too young, sick and injured animals to the public, failing to provide proper veterinary care, keeping animals in unsanitary conditions, and cruelly killing sick and 'unsellable' animals. The plight of captive birds - who are meant to fly and enjoy others of their own kind but who go crazy from confinement - is especially sad."

The House Rabbit Society, in support of this bill, states, "Rabbits, as one of the most common animals sold in pet stores in California and around the country, suffer a horrific amount of abuse and neglect in these conditions, and are often not protected by state animal welfare laws aimed exclusively at dogs and cats."

[CavySpirit]

Official analysis, part 3.

Opposition

In its letter of opposition, PIJAC states, "Various requirements may appear reasonable on their face but, in being characterized as absolutes, become nearly ridiculous. For example, a requirement to provide water 'at all times' would not permit refilling or exchanging a water container. The absolute prohibition on use of ice as a water source ignores the fact that this may be appropriate for certain species. Extending to fish or other small animals a ban on animals reproducing in pet stores is unreasonable, would be a practical impossibility and serves no apparent purpose."

According to PETCO their animal care policy already includes, but is not limited to, all of the following requirements: Fresh food and water is made available to all animals at all times; associates walk the sales floor hourly to inspect animals and attend to their needs; each store has an affiliation with a local veterinarian who provides care; and, store employees and management are provided with monthly training.

PETCO asserts that the supporters of this bill make "sweeping, unsubstantiated generalizations in suggesting that pet stores routinely put business before animals." They continue, "Our business is about animals, and helping pet owners become responsible pet parents. Pet store customers are generally passionate and concerned about animals, and pet stores that don't take proper care of the animals will lose customers and go out of business."

Pet store owners in support and opposition

In a letter of support a pet store owner states, "California laws need to be bolstered by providing specific standards governing the housing, sanitation, and veterinary care of animals that will apply across the board to pet shops that sell live animals. These standards will result in better care for the animals, improved consumer protection, and more equal and fair treatment of the pet stores under the law."
Yet, numerous individuals and pet store owners in opposition wrote letters suggesting that though this bill's provisions look like common sense, "when put into law they are too vague or too strict to be enforced fairly." One pet store owner writes relative to veterinary care records on pet store animals, "Some provisions when applied to puppies or kittens makes sense, but when applied to a feeder animal seem absurd."

Related legislation

AB 202 (Corbett), Chapter 887, Statutes of 2003, prohibited pet shops from possessing unweaned parrots unless certain employee training and certification conditions were met, and prohibited a pet shop from selling a bird that was not weaned.

SB 1357 (Vincent), Chapter 710, Statutes of 2002, required retail sellers of pet animals to provide buyers with written recommendations for the care of the animal sold.

AB 1336 (Koretz), Chapter 181, Statutes of 2001, required pet dealers to deliver to the purchaser of each dog or cat, written material containing information on the benefits of spaying and neutering and the need to comply with dog/cat licensing laws.

Technical amendment

The following amendments are needed to correct typographical errors that occurred during the drafting of this bill:

Page 2, line 19, Strike the word "processionally" and insert "professionally".

Page 3, line 12, Insert the word "and" before the word "where".

Analysis Prepared by: Tracy Rhine / B&P / (916) 319-3301

[CavySpirit]