Bill Text: CA AB2152 | 2019-2020 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public health: prohibition on the retail sale of dogs, cats, and rabbits.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Passed) 2020-09-18 - Chaptered by Secretary of State - Chapter 96, Statutes of 2020. [AB2152 Detail]

Download: California-2019-AB2152-Introduced.html

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CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 2152

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Introduced by Assembly Member Gloria
(Coauthors: Assembly Members Bloom, Boerner Horvath, Chiu, and Waldron)

February 10, 2020

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An act to amend Section 122357 of, and to repeal and add Section 122354.5 of, the Health and Safety Code, relating to public health.

LEGISLATIVE COUNSEL'S DIGEST

AB 2152, as introduced, Gloria. Public health: prohibition on the retail sale of dogs, cats, and rabbits.

Existing law, the Pet Store Animal Care Act, requires pet store operators, as defined, to comply with laws governing, among other things, the care of animals in pet stores. Existing law makes a pet store operator who violates these provisions guilty of a misdemeanor, unless otherwise provided.

Existing law prohibits a pet store operator from selling a live dog, cat, or rabbit in a pet store unless the animal was obtained from a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group, as specified. Existing law imposes various requirements on a pet store operator, including, among others, that the pet store maintain sufficient records to document the origin of each dog, cat, or rabbit the pet store sells or provides space for, for at least one year. Existing law exempts a pet store operator who violates those provisions from criminal prosecution and instead imposes a civil penalty on pet store operators for those violations.

This bill, instead, would prohibit a pet store operator from selling a live dog, cat, or rabbit in a pet store. The bill would authorize a pet store operator to provide space to a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group to showcase adoptable animals if the pet store operator does not have an ownership interest in the animal and does not receive any compensation for providing space for the adoption of the animal. The bill would remove the exemption for a pet store operator who violates these provisions, thus making the sale of a live dog, cat, or rabbit in a pet store a misdemeanor. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. The bill would also repeal various requirements, including, among others, the requirement for a pet store to maintain sufficient records to document the origin of each dog, cat, or rabbit the pet store sells or provides space for adoption.

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.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 122354.5 of the Health and Safety Code is repealed.

122354.5.

(a)A pet store operator shall not sell a live dog, cat, or rabbit in a pet store unless the animal was obtained from a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group that is in a cooperative agreement with at least one private or public shelter pursuant to Section 31108, 31752, or 31753 of the Food and Agricultural Code.

(b)All sales of dogs and cats authorized by this section shall be in compliance with paragraph (1) of subdivision (a) of Section 30503 of, subdivision (b) of Section 30520 of, paragraph (1) of subdivision (a) of Section 31751.3 of, and subdivision (b) of Section 31760 of, the Food and Agricultural Code.

(c)Each pet store shall maintain records sufficient to document the origin of each dog, cat, or rabbit the pet store sells or provides space for, for at least one year. Additionally, each pet store shall post, in a conspicuous location on the cage or enclosure of each animal, a sign listing the name of the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or nonprofit from which each animal was obtained. Public animal control agencies or shelters may periodically require pet stores engaged in sales of these animals to provide access to the records.

(d)A pet store operator shall maintain written records sufficient to document the health, status, and disposition of each animal for a period of not less than two years after the animal is sold. These records shall be available to humane officers, animal control officers, law enforcement officers, prospective purchasers, or the purchaser of the animal for inspection during normal business hours.

(e)A pet store operator shall provide to the prospective purchaser, in writing, the pet return policy of the pet store. The return policy shall include the circumstances, if any, under which the pet store will provide followup veterinary care for the animal in the event of illness.

(f)At the request of the pet store operator, the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group that supplies an animal to the pet store shall provide, in writing, the terms under which the animal is being transferred to the pet store, including policies on returning a sick animal, and information related to the animal, including the origin of the animal, if known, and any veterinary records.

(g)A pet store operator shall provide to the prospective purchaser or purchaser of an animal, a copy of the veterinary medical records of the animal, if any, including, but not limited to, records obtained pursuant to the requirements set forth in Section 122135.

(h)A pet store operator who is subject to this section is exempt from the requirements set forth in Article 2 (commencing with Section 122125) of Chapter 5, except for the requirements set forth in Sections 122135 and 122137, paragraphs (3) and (4) of subdivision (a) of, and paragraphs (5) and (6) of subdivision (b) of, Section 122140, and Section 122155.

(i)A pet store operator who violates this section is subject to a civil penalty of five hundred dollars ($500). Each animal offered for sale in violation of this section constitutes a separate violation.

(j)For purposes of this section, a “rescue group” is an organization that is tax exempt under Section 501(c)(3) of the Internal Revenue Code, and that does not obtain animals from breeders or brokers for compensation.

(k)This section does not prohibit a local governing body from adopting requirements that are more protective of animal welfare than those set forth in this section.

(l)This section shall become operative on January 1, 2019.

SEC. 2.

 Section 122354.5 is added to the Health and Safety Code, to read:

122354.5.

 (a) A pet store operator shall not sell a live dog, cat, or rabbit in a pet store. This section does not restrict a pet store operator from providing space to a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group to showcase adoptable animals if the pet store operator does not have an ownership in the animal and does not receive any compensation for providing space for the adoption of the animal.

(b) A pet store operator who is subject to this section is exempt from the requirements set forth in Article 2 (commencing with Section 122125) of Chapter 5, except for the requirements set forth in Sections 122135 and 122137, paragraphs (3) and (4) of subdivision (a) of, and paragraphs (5) and (6) of subdivision (b) of, Section 122140, and Section 122155.

(c) For purposes of this section, a “rescue group” is an organization that is tax exempt under Section 501(c)(3) of the Internal Revenue Code, and that does not breed animals or obtain animals from breeders or brokers for compensation.

(d) This section does not prohibit a local governing body from adopting requirements that are more protective of animal welfare than those set forth in this section.

SEC. 3.

 Section 122357 of the Health and Safety Code is amended to read:

122357.

 A pet store operator who violates any provision of this chapter that is not specified in subdivision (a) of Section 122356 and is not proscribed by Section 122354.5 is guilty of a misdemeanor.

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.