Existing law requires a pet store operator, as defined, to comply with laws governing, among other things, the care and sale of, animals in a pet store. Existing law prohibits, commencing January 1, 2019, 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, effective January 1, 2019, a civil penalty on a pet store operator who violates these prohibitions.

This bill would additionally require a pet store operator to maintain records documenting the health, status, and disposition of each animal for at least 2 years after the animal is sold, and make these records available to specified individuals. This bill would require a pet store operator to provide to the prospective purchaser the pet return policy of the store. The bill would require the organization providing the animal to the pet store, upon request of the pet store operator, to provide the terms of the transfer and information about the animal, as specified. The bill would require a per store to provide any veterinary records of the animal to a prospective purchaser or purchaser.

Existing law requires a pet store operator, as defined, to comply with laws governing, among other things, the care and sale of, animals in a pet store. Existing law prohibits, commencing January 1, 2019, 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, effective January 1, 2019, a civil penalty on a pet store operator who violates these prohibitions.

This bill would additionally require a pet store operator to maintain records documenting the health, status, and disposition of each animal for at least 2 years after the animal is sold, and make these records available to specified individuals. This bill would require a pet store operator to provide to the prospective purchaser the pet return policy of the store. The bill would require the organization providing the animal to the pet store, upon request of the pet store operator, to provide the terms of the transfer and information about the animal, as specified. The bill would require a per store to provide any veterinary records of the animal to a prospective purchaser or purchaser.

Existing law requires a pet store operator, as defined, to comply with laws governing, among other things, the care and sale of, animals in the pet store. Existing law prohibits, commencing January 1, 2019, 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, effective January 1, 2019, a civil penalty on a pet store operator who violates these prohibitions.

This bill would additionally require a pet store operator to maintain records documenting the health, status, and disposition of each animal for at least one year 2 years after the animal is sold, and make these records available to specified individuals. This bill would require a pet store operator to provide the adoption policies of the organization that supplied each animal. to the prospective purchaser the pet return policy of the store. The bill would require the organization providing the animal to the pet store, upon request of the pet store operator, to provide its adoption and surrendering policies, the terms of the transfer and information about the animal, as specified. The bill would require a per store to provide any veterinary records of the animal to a prospective purchaser or purchaser.

This bill would additionally require the notice described above to include the date of the dogs birth, if known, the date the dog was received by the retail dealer, and the date of the dogs most recent veterinary examination. require a pet store operator to maintain records documenting the health, status, and disposition of each animal for at least one year after the animal is sold, and make these records available to individuals. This bill would require a pet store operator to provide the adoption policies of the organization that supplied each animal. The bill would require the organization providing the animal to the pet store, upon request of the pet store operator, to provide its adoption and surrendering policies, and information about the animal, as specified.

Existing law, the Lockyer-Polanco-Farr Pet Protection Act, imposes certain requirements on the retail sale of dogs and cats by a pet dealer, as defined. Existing law requires every retail dealer to post conspicuously on the cage of each dog offered for sale a notice indicating the state where the dog was bred and brokered.

This bill would additionally require the notice described above to include the date of the dogs birth, if known, the date the dog was received by the retail dealer, and the date of the dogs most recent veterinary examination.

 THIRD READING  

Bill No: AB 2445

Author:

:

Vote:

SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 9-0, 6/18/18

AYES: Hill, Fuller, Allen, Dodd, Galgiani, Glazer, Hernandez, Pan, Wilk

ASSEMBLY FLOOR: 70-0, 5/10/18 - See last page for vote

SUBJECT:

SOURCE: Social Compassion in Legislation

DIGEST:

This bill requires a pet store operator to maintain records to document the health, status, and disposition of each animal it sells for a period of not less than two years, and provide to the prospective purchaser of any animal the veterinary medical records, as specified, and the pet store return policy including the circumstances, if any, under which the pet store will provide follow-up veterinary care for the animal in the event of illness. This bill also requires that an animal shelter, as specified, or a rescue group that supplies an animal to the pet store provide, if requested by the pet store operator, the terms under which the animal is being transferred to the pet store, including certain specified information.

ANALYSIS:

Existing law:

1. Establishes the Lockyer-Polanco-Farr Pet Protection Act (Pet Protection Act) and requires every pet dealer of dogs and cats to comply with its provisions. (Health and Safety Code (HSC) § 122125, et seq.)
2. Requires pet dealers to provide to the purchaser of each dog and cat at the time of sale a written statement in a standardized form prescribed by the Department of Consumer Affairs (DCA), containing certain information regarding the breeder, the animal, and medical history as well as, for dogs, a record of veterinarian treatment or medication and a statement that the dog is free from disease or a record of any known disease or illness. (HSC § 122140)
3. Requires pet dealers to maintain a written record on the health, status, disposition of each dog and cat, and all other information required to be disclosed to the consumer or prospective consumer, for at least one year after disposition of the dog or cat. (HSC § 122145)
4. Establishes the Pet Store Animal Care Act and specifies procedures for the care maintenance of animals in the custody of a pet store and details the responsibilities of the pet shop, the standards for enclosures, animal care requirements, record keeping, standards for keeping the animals healthy including veterinary care, euthanasia standards, and disclosures that must be made to a person who purchases a pet. Provides for a “notice to correct” and monetary misdemeanor penalties for specified violations of this Act.
   (HSC § 122350, et seq.)
5. Defines a "pet store operator" to mean a person who owns or operates a pet store or both. (HSC § 122350(j))
6. Requires a pet store operator or at least one of his or her employees to be present in the store at least once daily, regardless of whether the store is open, for care and maintenance of the animals, as specified. (HSC § 122354(a))
7. Prohibits, on or after January 1, 2018, a pet store operator from selling a live dog, cat, or rabbit in a pet store unless the dog, cat, or rabbit was obtained from a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter or non-profit, as defined in Section 501(c)(3) of the Internal Revenue Code, animal rescue or adoption organization that is in a cooperative agreement with at least one private or public shelter, as specified. (HSC § 122354.5 (a))
8. Requires each pet store to maintain records sufficient to document the source of each dog, cat, or rabbit the pet store sells, or provide space for, for at least one year, and to post, in a conspicuous location on the cage or enclosure of each animal, a sign listing the name of the entity from which each dog, cat, or rabbit was obtained and permits public animal control agencies or shelters to periodically require pet store operators engaged in sales of dogs to provide access to these records. (HSC § 122354.5 (c))
9. Exempts a pet store operator, from the Pet Protection Act, except the requirements for a health examination of the pet, maintaining health and immunization records, and animal treatment and care in the pet store, as specified. (HSC § 122354.5 (d))
10. Defines a “rescue group” to mean 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. (HSC § 122354.5 (f))
11. Requires each pet store operator to ensure the records of all veterinary visits to the pet store are documented in writing, as specified. (HSC § 122355(a))
12. Requires a pet store to provide to the purchaser of an animal, at the time of sale, information concerning the store's animal return policy, which must be made available to customers either through in-store signs or handouts to the customers and also requires the pet store to provide to purchasers of cats, dogs, and all individually housed animals other information as specified. (HSC § 122355(c))
13. Requires a pet store operator to maintain records pertaining to pet sales for two years from the date of disposition of the animal and to make them available, upon request, to appropriate law enforcement. (HSC § 122355(e))

This bill:

1. Requires that a pet store operator 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.
2. Requires a pet store operator to provide to the prospective purchaser, in writing, the pet return policy of the pet store and that the return policy must include the circumstances, if any, under which the pet store will provide follow-up veterinary care for the animal in the event of illness.
3. Specifies that 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 must 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.
4. Requires a pet store operator to 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 an examination of the dog or cat for sickness.

Background

This bill is sponsored by Social Compassion in Legislation. According to the author, the Legislature enacted AB 485 (O’Donnell, Chapter 740, Statutes of 2017) which requires, beginning January 1, 2019, pet store operators offering dogs, cats, or rabbits for retail sale in California to only obtain these animals from animal shelters or rescue groups. This new sales model was established to limit the sale of animals bred from inhumane commercial breeding facilities, and also to ensure that available shelter or rescue animals are a source of pet sales. Implementation of this bill was delayed by one year in order to give pet store operators time to sell existing animal inventory and comply with the new sale requirements. AB 485 also exempted retailers from specified provisions of the Pet Protection Act; however, pet store operators are still required to: 1) comply with laws pertaining to the treatment of animals in retail establishments; 2) maintain health and immunization records; and, 3) provide health evaluations prior to the placement of dogs and cats with other dogs and cats.

The Pet Protection Act is intended to protect consumers from purchasing sick or unhealthy pets by ensuring animals in a retail location receive appropriate treatment and care. The author indicates that AB 485 exempted pet retailers from most of the Act’s provisions on the advisement of policy experts in order to continue to work with stakeholders on the issue. Many consumer protection and warranty provisions in the Act still need to be modified in order to correspond with the AB 485 sales model. This bill seeks to recast existing consumer protection and warranty provisions in order to ensure clarity for both pet store operators and consumers as to what their rights and responsibilities are when purchasing or selling animals in California pet stores.

Consumer protection laws regarding the purchase and sale of animals. In California, there are certain laws related to the sale of pets in California, including regulations for animal care in pet stores, consumer rights, requirements for breeders, sales at swap meets, and kennels. However, there are no requirements or restrictions pertaining to the acquisition of animals for purpose of animal sales, although pet store operators are required to maintain specific documentation about an animal's health records and are also required to provide consumers with information about the breeder or broker. There are no current prohibitions on pet store operators related to the sale of puppies, kittens, rabbits, or dogs acquired from individuals, brokers, or mass commercial breeders who have enforcement violations at the local, state, or federal level. There is also no requirement that a pet store operator has to purchase animals from a licensed United States Department of Agriculture (USDA) breeder.

The Pet Protection Act specifies the requirements for retail sellers of animals to ensure purchaser protection for the sale of ill or sick animals, and provides some form of disclosures to individuals about where the animal was bred. This bill will exempt a pet store operator, subject to the provisions of this bill, from various requirements in the Pet Protection Act including disclosure requirements, return and refund policies and payment of veterinary costs among others; however, a pet store operator must still comply with existing laws in the Pet Protection Act pertaining to the treatment of animals in retail establishments, maintaining health and immunization records, and provide health evaluations prior to the placement dogs and cats with other dogs and cats. This bill does not change or limit current practices for individuals purchasing animals from local breeders, the Internet (if applicable laws allow), other states, or by other private sales.

Comments

Letter of concern. The Pet Industry Joint Advisory Council (PIJAC) has submitted a letter of concern regarding AB 2445, which they believe is intended to address issues from AB 485 from last year. The PIJAC indicates that as implementation nears in 2019 for the provisions of AB 485, a significant issue that PIJAC raised last year in not being addressed in AB 2445. AB 485 prohibits pet stores from selling commercially bred dogs, cats and rabbits, but does allow for pet stores to sell dogs, cats and rabbits acquired exclusively from shelters or rescue organizations. “Among the concerns PIJAC raised with AB 485 last year, was that there is no requirement for a shelter or rescue organization to provide retail pet stores with animals that can be sold to the public.” PIJAC requests that the author include a requirement that shelters and rescue organizations work together to provide pet stores a source of dogs, cats and rabbits should the store wish to continue selling companion pets to the public. “Without a requirement, some pet stores will be left without a source of animals to sell or will be required to locate sources far from their immediate place of business.”

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 6/19/18)

Social Compassion in Legislation (source)

OPPOSITION: (Verified 6/19/18)

None received

ARGUMENTS IN SUPPORT: Social Compassion in Legislation is the sponsor of this bill and states that, “This important bill will clarify notice requirements for retail pet stores that sell dogs and cats, as well as ensure consumers are informed of the pet’s age, timing of veterinary care, and time with the retailer. These requirements will ensure consumers have the best-known information on the dog or cat they will be taking home as family.”

ASSEMBLY FLOOR: 70-0, 5/10/18

AYES: Acosta, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Gallagher, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Lackey, Levine, Limón, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Aguiar-Curry, Travis Allen, Cooley, Friedman, Cristina Garcia, Kiley, Low, Obernolte

Prepared by: 916-651-4104

6/20/18 14:56:18

**** END ****

SENATE COMMITTEE ON

BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT

Senator Jerry Hill, Chair

2017 - 2018 Regular

Bill No: AB 2445 Hearing Date: June 18, 2018

Subject: Public health: retail sale of dogs, cats, and rabbits

SUMMARY:

Requires a pet store operator to maintain records to document the health, status, and disposition of each animal it sells for a period of not less than two years, and provide to the prospective purchaser of any animal the veterinary medical records, as specified, and the pet store return policy including the circumstances, if any, under which the pet store will provide follow-up veterinary care for the animal in the event of illness. Also requires that an animal shelter, as specified, or a rescue group that supplies an animal to the pet store provide, if requested by the pet store operator, the terms under which the animal is being transferred to the pet store, including certain specified information.

Existing law, the Health and Safety Code (HSC):

1. Establishes the Lockyer-Polanco-Farr Pet Protection Act (Pet Protection Act) and requires every pet dealer of dogs and cats to comply with its provisions. Defines "pet dealer" as a person engaging in the business of selling dogs and cats, or both, at retail, with specified exemptions, including any entity that breeds or rears dogs on the premises, and who is also required to possess a permit pursuant to Section 6066 of the Revenue and Taxation Code.
   (Health and Safety Code (HSC) § 122125, et seq.)
2. Requires that all dogs or cats received by a retail dealer shall, prior to being placed with other dogs or cats, be examined for sickness and that any dog or cat found to be afflicted with a contagious disease shall be kept caged separately from healthy animals. (HSC § 122135)
   
3. Provides that it is the intent of the Legislature to inform consumers who purchase dogs and cats from retail pet dealers about the benefits of spaying and neutering and the importance of establishing a relationship with a veterinarian and to facilitate dog licensing by encouraging pet dealers to promote licensure compliance. The pet dealer shall also deliver written material, or a form determined by the pet dealer, containing information on the benefits of spaying and neutering, and other information as specified. (HSC § 122137)
   
4. Declares that pet dealers, when feasible, should offer incentives to purchasers to encourage the use of spaying and neutering services, and that local animal control agencies should investigate selling licenses through pet shops, or making licensure applications available in pet shops, since these businesses already serve a large number of pet owners through the sale of pet supplies. (Id.)
   
5. Requires pet dealers to provide to the purchaser of each dog and cat at the time of sale a written statement in a standardized form prescribed by the Department of Consumer Affairs (DCA), containing certain information regarding the breeder, the animal, and medical history as well as, for dogs, a record of veterinarian treatment or medication and a statement that the dog is free from disease or a record of any known disease or illness. (HSC § 122140)
   
6. Requires pet dealers to maintain a written record on the health, status, disposition of each dog and cat, and all other information required to be disclosed to the consumer or prospective consumer, for at least one year after disposition of the dog or cat. The records must be made available to humane officers, animal control officers, and law enforcement officers for inspection during normal business hours. (HSC § 122145)
7. Requires pet dealers to do all of the following: (HSC § 122155)
   1. Maintain sanitary facilities for dogs.
   2. Provide dogs with adequate nutrition and potable water.
   3. Provide adequate space appropriate to that dog.
   4. Provide dogs housed on wire flooring with a rest board, floormat, or similar device that can be maintained in a sanitary condition.
   5. Provide dogs with adequate socialization and exercise; defined as physical contact with other dogs or with human beings.
   6. Maintain either a fire alarm system that is connected to a central reporting station that alerts the local fire department in case of fire, or a fire suppression sprinkler system.
   7. Provide veterinary care, without delay, when necessary.
      
   8. Not be in possession of a dog that is less than eight weeks old.
      
8. Establishes the Pet Store Animal Care Act and specifies procedures for the care and maintenance of animals in the custody of a pet store and details the responsibilities of the pet shop, the standards for enclosures, animal care requirements, record keeping, standards for keeping the animals healthy including veterinary care, euthanasia standards, and disclosures that must be made to a person who purchases a pet. Provides for a “notice to correct” and monetary
   misdemeanor penalties for specified violations of this Act.
   ((HSC) § 122350, et seq.)
9. Defines a "pet store" to mean a retail establishment open to the public and selling or offering for sale animals, including but not limited to, animals used as pets or animals intended for food for other animals, and states that a "pet store" does not include a retail establishment open to the public and selling or offering for sale animals to agricultural operations, as specified. (HSC § 122350(i))
   
10. Defines a "pet store operator" to mean a person who owns or operates a pet store or both. (HSC § 122350(j))
    
11. Requires a pet store operator or at least one of his or her employees to be present in the store at least once daily, regardless of whether the store is open, for care and maintenance of the animals in the pet store, as specified. (HSC § 122354(a))
    
12. Prohibits, on or after January 1, 2018, a pet store operator from selling a live dog, cat, or rabbit in a pet store unless the dog, cat, or rabbit was obtained from a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter or non-profit, as defined in Section 501(c)(3) of the Internal Revenue Code, animal rescue or adoption organization that is in a cooperative agreement with at least one private or public shelter, as specified
    (HSC § 122354.5 (a)) .
    
13. Requires the sale of dogs or cats as specified in Item #1 above, to be in compliance with specified spay or neuter laws. (HSC § 122354.5 (b))
    
14. Requires each pet store to maintain records sufficient to document the source of each dog, cat, or rabbit the pet store sells, or provide space for, for at least one year, and to post, in a conspicuous location on the cage or enclosure of each animal, a sign listing the name of the entity from which each dog, cat, or rabbit was obtained and permits public animal control agencies or shelters to periodically require pet store operators engaged in sales of dogs to provide access to these records.
    (HSC § 122354.5 (c))
    
15. Exempts a pet store operator, subject to the provisions of this bill, from the Pet Protection Act, except the requirements for a health examination of the pet, maintaining health and immunization records, and animal treatment and care in the pet store, as specified. (HSC § 122354.5 (d))
    
16. Defines a “rescue group” to mean an organization that is tax exempt under § 501(c)(3) of the Internal Revenue Code and that does not obtain animals from breeders or brokers for compensation. (HSC § 122354.5 (f))
    
17. Requires each pet store operator to ensure the records of all veterinary visits to the pet store are documented in writing, as specified. (HSC § 122355(a))
18. Requires a pet store to provide to the purchaser of an animal, at the time of sale, information concerning the store's animal return policy, which must be made available to customers either through in-store signs or handouts to the customers and also requires the pet store to provide to purchasers of cats, dogs, and all individually housed animals other information as specified. (HSC Section 122355(c))
    
19. Requires each pet store operator to maintain records, for identification purposes, of the person, from whom the animals in the pet store were acquired, including the person's name, address, telephone number, and the date the animal was acquired. (HSC § 122355(d))
20. Requires a pet store operator to maintain records pertaining to pet sales for two years from the date of disposition of the animal and to make them available, upon request, to appropriate law enforcement. (HSC § 122355(e))
    
21. Permits an animal control officer, a humane officer, or a peace officer to issue a single notice to correct a detected violation of pet store, as specified.
    (HSC § 122356(a))

Existing law, the Penal Code:

1. Requires pet shops, as defined, to do all of the following: (Penal Code § 597l(a))
   1. Maintain sanitary pet housing facilities.
      
   2. Provide proper heating and ventilation for housing facilities.
      
   3. Provide adequate nutrition and humane care and treatment of pet animals.
      
   4. Take reasonable care to release for sale, trade, or adoption only those pet animals that are free of disease or injuries.
      
   5. Provide adequate space appropriate to the size, weight, and species of pet animals.
      
   6. Provides that any person who violates a) through e) is guilty of a misdemeanor and a fine not exceeding $1,000, or by imprisonment in county jail not exceeding 90 days, or by both a fine and imprisonment.
      
   7. Provide buyers of pet animals with general written recommendations for the generally accepted care of the class of pet animal sold in a form determined by the pet shop, and provides that a violation of this provision will be dismissed if adequate proof of compliance is provided but that a subsequent violation is an infraction punishable by a fine not to exceed $250.

This bill:

1. Requires that a pet store operator 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.
   
2. Requires a pet store operator to provide to the prospective purchaser, in writing, the pet return policy of the pet store and that the return policy must include the circumstances, if any, under which the pet store will provide follow-up veterinary care for the animal in the event of illness.
   
3. Specifies that 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 must 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.
   
4. Requires a pet store operator to 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 an examination of the dog or cat for sickness.

FISCAL EFFECT:

None. This bill is keyed non-fiscal by the Legislative Counsel.

COMMENTS:

1. Purpose. This bill is sponsored by Social Compassion in Legislation. According to the Author, the Legislature enacted AB 485 (O’Donnell, Chapter 740, Statutes of 2017) which requires, beginning January 1, 2019, pet store operators offering dogs, cats, or rabbits for retail sale in California to only obtain these animals from animal shelters or rescue groups. This new sales model was established to limit the sale of animals bred from inhumane commercial breeding facilities, and also to ensure that available shelter or rescue animals are a source of pet sales. Implementation of this bill was delayed by one year in order to give pet store operators time to sell existing animal inventory and comply with the new sale requirements. AB 485 also exempted retailers from specified provisions of the Pet Protection Act; however, pet store operators are still required to: 1) comply with laws pertaining to the treatment of animals in retail establishments; 2) maintain health and immunization records; and, 3) provide health evaluations prior to the placement of dogs and cats with other dogs and cats.
   
   The Pet Protection Act is intended to protect consumers from purchasing sick or unhealthy pets by ensuring animals in a retail location receive appropriate treatment and care. The Author indicates that AB 485 exempted pet retailers from most of the Act’s provisions on the advisement of policy experts in order to continue to work with stakeholders on the issue. Many consumer protection and warranty provisions in the Act still need to be modified in order to correspond with the AB 485 sales model. This measure seeks to recast existing consumer protection and warranty provisions in order to ensure clarity for both pet store operators and consumers as to what their rights and responsibilities are when purchasing or selling animals in California pet stores.
2. Consumer Protection Laws Regarding the Purchase and Sale of Animals. In California, there are certain laws related to the sale of pets in California, including regulations for animal care in pet stores, consumer rights, requirements for breeders, sales at swap meets, and kennels. However, there are no requirements or restrictions pertaining to the acquisition of animals for purpose of animal sales, although pet store operators are required to maintain specific documentation about an animal's health records and are also required to provide consumers with information about the breeder or broker. There are no current prohibitions on pet store operators related to the sale of puppies, kittens, rabbits, or dogs acquired from individuals, brokers, or mass commercial breeders who have enforcement violations at the local, state, or federal level. There is also no requirement that a pet store operator has to purchase animals from a licensed United States Department of Agriculture (USDA) breeder.
   
   The Pet Protection Act specifies the requirements for retail sellers of animals to ensure purchaser protection for the sale of ill or sick animals, and provides some form of disclosures to individuals about where the animal was bred. This bill will exempt a pet store operator, subject to the provisions of this bill, from various requirements in the Pet Protection Act including disclosure requirements, return and refund policies and payment of veterinary costs among others; however, a pet store operator must still comply with existing laws in the Pet Protection Act pertaining to the treatment of animals in retail establishments, maintaining health and immunization records, and provide health evaluations prior to the placement dogs and cats with other dogs and cats. This bill does not change or limit current practices for individuals purchasing animals from local breeders, the Internet (if applicable laws allow), other states, or by other private sales.
3. Related Legislation This Session. SB 1305 (Glazer) would enact the Sutter Brown Act to permit an emergency medical services (EMS) provider to provide basic first aid, as specified, to a dog or a cat to the extent the provider is authorized by the employer to provide the care. (Status: In the Assembly awaiting referral to a Committee.)
   
   AB 2300 (Maienschein) would authorize veterinarians licensed by the Veterinary Medical Board (Board) to earn up to six hours towards the required minimum of 36 hours of continuing education by performing self-study courses or by providing pro bono spaying or neutering services to residents of low-income communities. (Status: This measure has been referred to this Committee and is scheduled to be heard on June 18, 2018.)
   
   AB 2362 (Rubio) would establish health and safety standards for mobile dog and cat housing facilities, including heating and cooling, dry bedding, ventilation, and lighting. The bill applies to public and private animal shelters and for-profit entities.
   (Status: This measure has been referred to this Committee and is scheduled to be heard on July 2, 2018.)
   
   AB 2791 (Muratsuchi) would allow kittens and puppies that are reasonably believed to be unowned, have been impounded without their mothers, and require maternal care to be eligible for release to a qualifying nonprofit. (Status: This measure has been referred to this Committee and is scheduled to be heard on July 2, 2018.)
4. Prior Related Legislation. AB 485 (O’Donnell, Chapter 740, Statutes of 2017) prohibited, beginning January 1, 2019, a pet store operator from selling a live cat, dog, or rabbit in a pet store unless they were obtained from a public animal control agency or shelter, specified nonprofit, or animal rescue or adoption organization, as defined; permits a public or private shelter to enter into cooperative agreement with animal rescue or adoption organizations regarding rabbits; requires dogs or cats sold in a retail pet store to comply with current spay and neuter laws; provides specified exemptions to the pet warranty law; and permits an animal control officer, a humane officer, or a peace officer to enforce the pet store prohibition.
   
   SB 945 (Monning, Chapter, Statutes of 2015) established standards for pet boarding facilities and pet boarding operators, as specified.
   
   AB 339 (Dickenson, Chapter 231, Statues of 2013) made it unlawful to sell animals at a swap meet unless the local jurisdiction has adopted an ordinance that includes specified requirements relating to the care and treatment of animals, beginning January 1, 2016.
   
   AB 1939 (Pan) of 2012 would have created a pilot project in specified counties which would have required pet dealers, and others as specified, to submit a report once a month to the city or county responsible for licensing dogs with information regarding dog sales and adoptions; would sunset the pilot project provisions as of January 1, 2018; and, allowed licensing agencies to issue puppy licenses, as defined. (Status: This measure was held in this Committee.)
   
   AB 490 (Smyth, Chapter, 446, Statutes of 2009) revised the guidelines by which a pet store operator or employee may euthanize rodents and rabbits intended as food for another animal, and modifies the definition of a pet store, as specified.
   
   AB 1347 (Caballero, Chapter 703, Statutes of 2007) enacted the Pet Store Animal Care Act (Act) that would establish procedures for the care and maintenance of animals in the custody of a pet store and details the responsibilities of the pet shop, the standards for enclosures, animal care requirements, record keeping, standards keeping the animals healthy including veterinary care, euthanasia standards and disclosures that must be made to a person who purchases a pet and provides for a “notice to correct” and monetary misdemeanor penalties for specified violations of the Act.
   
5. Arguments in Support. Social Compassion in Legislation is the sponsor of this measure and states that: “This important bill will clarify notice requirements for retail pet stores that sell dogs and cats, as well as ensure consumers are informed of the pet’s age, timing of veterinary care, and time with the retailer. The Lockyer-Polanco-Farr Pet Protection Act imposes certain requirements on the retail sale of dogs and cats by a pet dealer, such as conspicuously posting on the cage of each dog offered for sale a notice indicating the state where the dog was bred and brokered. With the coming implementation of AB 485 in 2019, which requires all dogs, cats and rabbits sold at retail in the state of California to be sourced from a shelter or rescue, clarification of which requirements would remain and which would not be applicable is necessary. AB 2445 simply requires that retailers shall post the age of the animal, if known, it’s most recent veterinary care, and how long the animal has been in the care of the retailer, as well as other requirements already in the Lockyer-Polanco-Farr Pet Protection Act. These requirements will ensure consumers have the best-known information on the dog or cat they will be taking home as family.”
6. Letter of Concern. The Pet Industry Joint Advisory Council (PIJAC) has submitted a letter of concern regarding AB 2445, which they believe is intended to address issues from AB 485 from last year. The PIJAC indicates that as implementation nears in 2019 for the provisions of AB 485, a significant issue that PIJAC raised last year in not being addressed in AB 2445. AB 485 prohibits pet stores from selling commercially bred dogs, cats and rabbits, but does allow for pet stores to sell dogs, cats and rabbits acquired exclusively from shelters or rescue organizations. “Among the concerns PIJAC raised with AB 485 last year, was that there is no requirement for a shelter or rescue organization to provide retail pet stores with animals that can be sold to the public.” PIJAC requests that the Author include a requirement that shelters and rescue organizations work together to provide pet stores a source of dogs, cats and rabbits should the store wish to continue selling companion pets to the public. “Without a requirement, some pet stores will be left without a source of animals to sell or will be required to locate sources far from their immediate place of business.”

SUPPORT AND OPPOSITION:

Support:

Social Compassion in Legislation

Opposition:

None on file as of June 13, 2018.

-- END --

SENATE COMMITTEE ON

BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT

Senator Jerry Hill, Chair

2017 - 2018 Regular

Bill No: Hearing Date: June 18, 2018

Subject:

SUMMARY:

Requires a pet store operator to maintain records to document the health, status, and disposition of each animal it sells for a period of not less than two years, and provide to the prospective purchaser of any animal the veterinary medical records, as specified, and the pet store return policy including the circumstances, if any, under which the pet store will provide follow-up veterinary care for the animal in the event of illness. Also requires that an animal shelter, as specified, or a rescue group that supplies an animal to the pet store provide, if requested by the pet store operator, the terms under which the animal is being transferred to the pet store, including certain specified information.

Existing law, the Health and Safety Code (HSC):

1. Establishes the Lockyer-Polanco-Farr Pet Protection Act (Pet Protection Act) and requires every pet dealer of dogs and cats to comply with its provisions. Defines "pet dealer" as a person engaging in the business of selling dogs and cats, or both, at retail, with specified exemptions, including any entity that breeds or rears dogs on the premises, and who is also required to possess a permit pursuant to Section 6066 of the Revenue and Taxation Code.
   (Health and Safety Code (HSC) § 122125, et seq.)
2. Requires that all dogs or cats received by a retail dealer shall, prior to being placed with other dogs or cats, be examined for sickness and that any dog or cat found to be afflicted with a contagious disease shall be kept caged separately from healthy animals. (HSC § 122135)
   
3. Provides that it is the intent of the Legislature to inform consumers who purchase dogs and cats from retail pet dealers about the benefits of spaying and neutering and the importance of establishing a relationship with a veterinarian and to facilitate dog licensing by encouraging pet dealers to promote licensure compliance. The pet dealer shall also deliver written material, or a form determined by the pet dealer, containing information on the benefits of spaying and neutering, and other information as specified. (HSC § 122137)
   
4. Declares that pet dealers, when feasible, should offer incentives to purchasers to encourage the use of spaying and neutering services, and that local animal control agencies should investigate selling licenses through pet shops, or making licensure applications available in pet shops, since these businesses already serve a large number of pet owners through the sale of pet supplies. (Id.)
   
5. Requires pet dealers to provide to the purchaser of each dog and cat at the time of sale a written statement in a standardized form prescribed by the Department of Consumer Affairs (DCA), containing certain information regarding the breeder, the animal, and medical history as well as, for dogs, a record of veterinarian treatment or medication and a statement that the dog is free from disease or a record of any known disease or illness. (HSC § 122140)
   
6. Requires pet dealers to maintain a written record on the health, status, disposition of each dog and cat, and all other information required to be disclosed to the consumer or prospective consumer, for at least one year after disposition of the dog or cat. The records must be made available to humane officers, animal control officers, and law enforcement officers for inspection during normal business hours. (HSC § 122145)
7. Requires pet dealers to do all of the following: (HSC § 122155)
   1. Maintain sanitary facilities for dogs.
   2. Provide dogs with adequate nutrition and potable water.
   3. Provide adequate space appropriate to that dog.
   4. Provide dogs housed on wire flooring with a rest board, floormat, or similar device that can be maintained in a sanitary condition.
   5. Provide dogs with adequate socialization and exercise; defined as physical contact with other dogs or with human beings.
   6. Maintain either a fire alarm system that is connected to a central reporting station that alerts the local fire department in case of fire, or a fire suppression sprinkler system.
   7. Provide veterinary care, without delay, when necessary.
      
   8. Not be in possession of a dog that is less than eight weeks old.
      
8. Establishes the Pet Store Animal Care Act and specifies procedures for the care and maintenance of animals in the custody of a pet store and details the responsibilities of the pet shop, the standards for enclosures, animal care requirements, record keeping, standards for keeping the animals healthy including veterinary care, euthanasia standards, and disclosures that must be made to a person who purchases a pet. Provides for a “notice to correct” and monetary
   misdemeanor penalties for specified violations of this Act.
   ((HSC) § 122350, et seq.)
9. Defines a "pet store" to mean a retail establishment open to the public and selling or offering for sale animals, including but not limited to, animals used as pets or animals intended for food for other animals, and states that a "pet store" does not include a retail establishment open to the public and selling or offering for sale animals to agricultural operations, as specified. (HSC § 122350(i))
   
10. Defines a "pet store operator" to mean a person who owns or operates a pet store or both. (HSC § 122350(j))
    
11. Requires a pet store operator or at least one of his or her employees to be present in the store at least once daily, regardless of whether the store is open, for care and maintenance of the animals in the pet store, as specified. (HSC § 122354(a))
    
12. Prohibits, on or after January 1, 2018, a pet store operator from selling a live dog, cat, or rabbit in a pet store unless the dog, cat, or rabbit was obtained from a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter or non-profit, as defined in Section 501(c)(3) of the Internal Revenue Code, animal rescue or adoption organization that is in a cooperative agreement with at least one private or public shelter, as specified
    (HSC § 122354.5 (a)) .
    
13. Requires the sale of dogs or cats as specified in Item #1 above, to be in compliance with specified spay or neuter laws. (HSC § 122354.5 (b))
    
14. Requires each pet store to maintain records sufficient to document the source of each dog, cat, or rabbit the pet store sells, or provide space for, for at least one year, and to post, in a conspicuous location on the cage or enclosure of each animal, a sign listing the name of the entity from which each dog, cat, or rabbit was obtained and permits public animal control agencies or shelters to periodically require pet store operators engaged in sales of dogs to provide access to these records.
    (HSC § 122354.5 (c))
    
15. Exempts a pet store operator, subject to the provisions of this bill, from the Pet Protection Act, except the requirements for a health examination of the pet, maintaining health and immunization records, and animal treatment and care in the pet store, as specified. (HSC § 122354.5 (d))
    
16. Defines a “rescue group” to mean an organization that is tax exempt under § 501(c)(3) of the Internal Revenue Code and that does not obtain animals from breeders or brokers for compensation. (HSC § 122354.5 (f))
    
17. Requires each pet store operator to ensure the records of all veterinary visits to the pet store are documented in writing, as specified. (HSC § 122355(a))
18. Requires a pet store to provide to the purchaser of an animal, at the time of sale, information concerning the store's animal return policy, which must be made available to customers either through in-store signs or handouts to the customers and also requires the pet store to provide to purchasers of cats, dogs, and all individually housed animals other information as specified. (HSC Section 122355(c))
    
19. Requires each pet store operator to maintain records, for identification purposes, of the person, from whom the animals in the pet store were acquired, including the person's name, address, telephone number, and the date the animal was acquired. (HSC § 122355(d))
20. Requires a pet store operator to maintain records pertaining to pet sales for two years from the date of disposition of the animal and to make them available, upon request, to appropriate law enforcement. (HSC § 122355(e))
    
21. Permits an animal control officer, a humane officer, or a peace officer to issue a single notice to correct a detected violation of pet store, as specified.
    (HSC § 122356(a))

Existing law, the Penal Code:

1. Requires pet shops, as defined, to do all of the following: (Penal Code § 597l(a))
   1. Maintain sanitary pet housing facilities.
      
   2. Provide proper heating and ventilation for housing facilities.
      
   3. Provide adequate nutrition and humane care and treatment of pet animals.
      
   4. Take reasonable care to release for sale, trade, or adoption only those pet animals that are free of disease or injuries.
      
   5. Provide adequate space appropriate to the size, weight, and species of pet animals.
      
   6. Provides that any person who violates a) through e) is guilty of a misdemeanor and a fine not exceeding $1,000, or by imprisonment in county jail not exceeding 90 days, or by both a fine and imprisonment.
      
   7. Provide buyers of pet animals with general written recommendations for the generally accepted care of the class of pet animal sold in a form determined by the pet shop, and provides that a violation of this provision will be dismissed if adequate proof of compliance is provided but that a subsequent violation is an infraction punishable by a fine not to exceed $250.

This bill:

1. Requires that a pet store operator 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.
   
2. Requires a pet store operator to provide to the prospective purchaser, in writing, the pet return policy of the pet store and that the return policy must include the circumstances, if any, under which the pet store will provide follow-up veterinary care for the animal in the event of illness.
   
3. Specifies that 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 must 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.
   
4. Requires a pet store operator to 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 an examination of the dog or cat for sickness.

FISCAL EFFECT:

None. This bill is keyed non-fiscal by the Legislative Counsel.

COMMENTS:

1. Purpose. This bill is sponsored by Social Compassion in Legislation. According to the Author, the Legislature enacted AB 485 (O’Donnell, Chapter 740, Statutes of 2017) which requires, beginning January 1, 2019, pet store operators offering dogs, cats, or rabbits for retail sale in California to only obtain these animals from animal shelters or rescue groups. This new sales model was established to limit the sale of animals bred from inhumane commercial breeding facilities, and also to ensure that available shelter or rescue animals are a source of pet sales. Implementation of this bill was delayed by one year in order to give pet store operators time to sell existing animal inventory and comply with the new sale requirements. AB 485 also exempted retailers from specified provisions of the Pet Protection Act; however, pet store operators are still required to: 1) comply with laws pertaining to the treatment of animals in retail establishments; 2) maintain health and immunization records; and, 3) provide health evaluations prior to the placement of dogs and cats with other dogs and cats.
   
   The Pet Protection Act is intended to protect consumers from purchasing sick or unhealthy pets by ensuring animals in a retail location receive appropriate treatment and care. The Author indicates that AB 485 exempted pet retailers from most of the Act’s provisions on the advisement of policy experts in order to continue to work with stakeholders on the issue. Many consumer protection and warranty provisions in the Act still need to be modified in order to correspond with the AB 485 sales model. This measure seeks to recast existing consumer protection and warranty provisions in order to ensure clarity for both pet store operators and consumers as to what their rights and responsibilities are when purchasing or selling animals in California pet stores.
2. Consumer Protection Laws Regarding the Purchase and Sale of Animals. In California, there are certain laws related to the sale of pets in California, including regulations for animal care in pet stores, consumer rights, requirements for breeders, sales at swap meets, and kennels. However, there are no requirements or restrictions pertaining to the acquisition of animals for purpose of animal sales, although pet store operators are required to maintain specific documentation about an animal's health records and are also required to provide consumers with information about the breeder or broker. There are no current prohibitions on pet store operators related to the sale of puppies, kittens, rabbits, or dogs acquired from individuals, brokers, or mass commercial breeders who have enforcement violations at the local, state, or federal level. There is also no requirement that a pet store operator has to purchase animals from a licensed United States Department of Agriculture (USDA) breeder.
   
   The Pet Protection Act specifies the requirements for retail sellers of animals to ensure purchaser protection for the sale of ill or sick animals, and provides some form of disclosures to individuals about where the animal was bred. This bill will exempt a pet store operator, subject to the provisions of this bill, from various requirements in the Pet Protection Act including disclosure requirements, return and refund policies and payment of veterinary costs among others; however, a pet store operator must still comply with existing laws in the Pet Protection Act pertaining to the treatment of animals in retail establishments, maintaining health and immunization records, and provide health evaluations prior to the placement dogs and cats with other dogs and cats. This bill does not change or limit current practices for individuals purchasing animals from local breeders, the Internet (if applicable laws allow), other states, or by other private sales.
3. Related Legislation This Session. SB 1305 (Glazer) would enact the Sutter Brown Act to permit an emergency medical services (EMS) provider to provide basic first aid, as specified, to a dog or a cat to the extent the provider is authorized by the employer to provide the care. (Status: In the Assembly awaiting referral to a Committee.)
   
   AB 2300 (Maienschein) would authorize veterinarians licensed by the Veterinary Medical Board (Board) to earn up to six hours towards the required minimum of 36 hours of continuing education by performing self-study courses or by providing pro bono spaying or neutering services to residents of low-income communities. (Status: This measure has been referred to this Committee and is scheduled to be heard on June 18, 2018.)
   
   AB 2362 (Rubio) would establish health and safety standards for mobile dog and cat housing facilities, including heating and cooling, dry bedding, ventilation, and lighting. The bill applies to public and private animal shelters and for-profit entities.
   (Status: This measure has been referred to this Committee and is scheduled to be heard on July 2, 2018.)
   
   AB 2791 (Muratsuchi) would allow kittens and puppies that are reasonably believed to be unowned, have been impounded without their mothers, and require maternal care to be eligible for release to a qualifying nonprofit. (Status: This measure has been referred to this Committee and is scheduled to be heard on July 2, 2018.)
4. Prior Related Legislation. SB 485 (O’Donnell, Chapter 740, Statutes of 2017) prohibited, beginning January 1, 2019, a pet store operator from selling a live cat, dog, or rabbit in a pet store unless they were obtained from a public animal control agency or shelter, specified nonprofit, or animal rescue or adoption organization, as defined; permits a public or private shelter to enter into cooperative agreement with animal rescue or adoption organizations regarding rabbits; requires dogs or cats sold in a retail pet store to comply with current spay and neuter laws; provides specified exemptions to the pet warranty law; and permits an animal control officer, a humane officer, or a peace officer to enforce the pet store prohibition.
   
   SB 945 (Monning, Chapter, Statutes of 2015) established standards for pet boarding facilities and pet boarding operators, as specified.
   
   AB 339 (Dickenson, Chapter 231, Statues of 2013) made it unlawful to sell animals at a swap meet unless the local jurisdiction has adopted an ordinance that includes specified requirements relating to the care and treatment of animals, beginning January 1, 2016.
   
   AB 1939 (Pan) of 2012 would have created a pilot project in specified counties which would have required pet dealers, and others as specified, to submit a report once a month to the city or county responsible for licensing dogs with information regarding dog sales and adoptions; would sunset the pilot project provisions as of January 1, 2018; and, allowed licensing agencies to issue puppy licenses, as defined. (Status: This measure was held in this Committee.)
   
   AB 490 (Smyth, Chapter, 446, Statutes of 2009) revised the guidelines by which a pet store operator or employee may euthanize rodents and rabbits intended as food for another animal, and modifies the definition of a pet store, as specified.
   
   AB 1347 (Caballero, Chapter 703, Statutes of 2007) enacted the Pet Store Animal Care Act (Act) that would establish procedures for the care and maintenance of animals in the custody of a pet store and details the responsibilities of the pet shop, the standards for enclosures, animal care requirements, record keeping, standards keeping the animals healthy including veterinary care, euthanasia standards and disclosures that must be made to a person who purchases a pet and provides for a “notice to correct” and monetary misdemeanor penalties for specified violations of the Act.
   
5. Arguments in Support. Social Compassion in Legislation is the sponsor of this measure and states that: “This important bill will clarify notice requirements for retail pet stores that sell dogs and cats, as well as ensure consumers are informed of the pet’s age, timing of veterinary care, and time with the retailer. The Lockyer-Polanco-Farr Pet Protection Act imposes certain requirements on the retail sale of dogs and cats by a pet dealer, such as conspicuously posting on the cage of each dog offered for sale a notice indicating the state where the dog was bred and brokered. With the coming implementation of AB 485 in 2019, which requires all dogs, cats and rabbits sold at retail in the state of California to be sourced from a shelter or rescue, clarification of which requirements would remain and which would not be applicable is necessary. AB 2445 simply requires that retailers shall post the age of the animal, if known, it’s most recent veterinary care, and how long the animal has been in the care of the retailer, as well as other requirements already in the Lockyer-Polanco-Farr Pet Protection Act. These requirements will ensure consumers have the best-known information on the dog or cat they will be taking home as family.”
6. Letter of Concern. The Pet Industry Joint Advisory Council (PIJAC) has submitted a letter of concern regarding AB 2445, which they believe is intended to address issues from AB 485 from last year. The PIJAC indicates that as implementation nears in 2019 for the provisions of AB 485, a significant issue that PIJAC raised last year in not being addressed in AB 2445. AB 485 prohibits pet stores from selling commercially bred dogs, cats and rabbits, but does allow for pet stores to sell dogs, cats and rabbits acquired exclusively from shelters or rescue organizations. “Among the concerns PIJAC raised with AB 485 last year, was that there is no requirement for a shelter or rescue organization to provide retail pet stores with animals that can be sold to the public.” PIJAC requests that the Author include a requirement that shelters and rescue organizations work together to provide pet stores a source of dogs, cats and rabbits should the store wish to continue selling companion pets to the public. “Without a requirement, some pet stores will be left without a source of animals to sell or will be required to locate sources far from their immediate place of business.”

SUPPORT AND OPPOSITION:

Support:

Social Compassion in Legislation

Opposition:

None on file as of June 13, 2018.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 2445

Author:(O'Donnell)

As Amended Ver:May 2, 2018

Majority vote

SUMMARY: Would require a pet store selling an animal obtained from an animal shelter to maintain health and other records for a minimum of two years and to make these records available to law enforcement, animal control, or purchasers of the animal during normal business hours. Would also require the pet store to make the veterinary medical records available to the purchaser and provide information as to the terms and conditions under which the animal will be eligible for veterinary care covered by the pet store. Specifically, this bill:

Requires that pet stores provide consumers or law enforcement with specific information about the animals they sell, including:

1. Records documenting the health of each animal, to be retained for at least two years after the animal is sold and to be made available during normal business hours.
2. Pet return policies and the circumstances, if any, under which the store will provide veterinary care for the animal in the event of illness.
3. Information from the organization providing the animal to the store that describes the conditions of transfer between the organization and the pet store. This includes return policies, animal origin, and veterinary records.
4. A copy of the animal's veterinary medical records.

FISCAL EFFECT: None. This bill is keyed non-fiscal by Legislative Counsel.

COMMENTS:

Purpose. This bill is sponsored by Social Compassion in Legislation. According to the author, "Pet store warranty laws are intended to protect consumers from purchasing sick or unhealthy pets by ensuring animals in a retail location receive appropriate treatment and care. However, once the new laws requiring pet stores to only sell animals obtained from shelters or rescues take effect, certain warranty laws may no longer apply. AB 2445 seeks to reconfigure existing consumer protection provisions that pet store operators are required to comply with. This will ensure clarity for both pet store operators and consumers as to what their rights and responsibilities are when purchasing or selling companion animals in California pet stores."

Background. Animal and Consumer Protection Laws. In California, there are a host of laws related to the sale of pets, including regulations for animal care in pet stores, consumer rights, requirements for breeders, and requirements for sales at swap meets and kennels. The Pet Store Animal Care law applies to animals in pet stores and places certain requirements on how animals can be treated while in a store pending sale. For example, Health and Safety Code (HSC) Section 122353 requires the floor of an animal's primary enclosure to be constructed to prevent injury; requires primary animal enclosures to contain an enrichment device (toy); requires platforms for cats; and requires cages for birds to be large enough for the bird to spread its wings fully, among other requirements. A pet store operator or at least one employee is required to be present in the store at least once daily, regardless if the store is open for business. Pet stores are required to isolate and not sell those animals suspected of having a contagious condition and ensure that each animal is treated without delay.

AB 485 (O'Donnell), Chapter 740, Statutes of 2017, prohibits the retail sale of dogs, cats, or rabbits at a retail pet store unless that animal was obtained from an animal shelter, humane association or other non-profit. As AB 485 moved through the legislative process, a number of provisions related to warrantees and disclosures were removed with the promise to work closely with stakeholders in order to reach agreement. In the first year of implementation of AB 485, this bill provides amendments to existing law for greater disclosure to consumers in an attempt to ensure that consumers do not purchase sick or unhealthy pets.

While there is no formal opposition to this bill, the Pet Industry Joint Advisory Council (PIJAC), which was highly engaged and an opponent of AB 485, has expressed concern that there are unresolved issues from AB 485 that are not addressed in this bill, which is ostensibly a clean-up measure for AB 485. Most notably PIJAC has expressed concern that there is not a defined pipeline for animals to be transferred from shelters or rescue organizations to pet stores.

Prior Related Legislation. AB 485 prohibits the retail sale of dogs, cats, or rabbits at a retail pet store unless that animal was obtained from an animal shelter, humane association or other non-profit.

Analysis Prepared by: Jimmy Fremgen / B. & P. / (916) 319-3301 FN: 0002874

Date of Hearing: May 8, 2018

ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS

Evan Low, Chair

ABPCA Bill Id:AB 2445

Author:(O'Donnell) – As Amended Ver:May 3, 2018

SUBJECT: Public health: retail sale of dogs, cats, and rabbits.

SUMMARY: Would require a pet store selling an animal obtained from an animal shelter to maintain health and other records for a minimum of 2 years and to make these records available to law enforcement, animal control, or purchasers of the animal during normal business hours. Would also require the pet store to make the veterinary medical records available to the purchaser and provide information as to the terms and conditions under which the animal will be eligible for veterinary care covered by the pet store.

EXISTING LAW:

1. Establishes procedures for the care and maintenance of animals in the custody of a pet store and details the responsibilities of the pet shop, the standards for enclosures, animal care requirements, record keeping, standards for keeping the animals healthy including veterinary care, euthanasia standards, and disclosures that must be made to a person who purchases a pet. Provides for a “notice to correct” and monetary misdemeanor penalties for specified violations of this Act. (Health and Safety Code (HSC) Section 122350, et seq.)
   
2. Defines a "pet store" to mean a retail establishment open to the public and selling or offering for sale animals, including but not limited to, animals used as pets or animals intended for food for other animals, and states that a "pet store" does not include a retail establishment open to the public and selling or offering for sale animals to agricultural operations, as specified. (HSC Section 122350(i))
   
3. Defines a "pet store operator" to mean a person who owns or operates a pet store or both. (HSC Section 122350(j))
   
4. Requires a pet store operator or at least one of his or her employees to be present in the store at least once daily, regardless of whether the store is open, for care and maintenance of the animals in the pet store, as specified. (HSC Section 122354(a))
   
5. Requires each pet store operator to ensure the records of all veterinary visits to the pet store are documented in writing, as specified. (HSC Section 122355(a))
6. Requires a pet store to provide to the purchaser of an animal, at the time of sale, information concerning the store's animal return policy, which must be made available to customers through in-store signs or handouts to the customers. (HSC Section 122355(c))
   
7. Requires each pet store operator to maintain records, for identification purposes, of the person from whom the animals in the pet store were acquired, including the person's name, address, telephone number, and the date the animal was acquired. (HSC Section 122355(d))
   
8. Requires a pet store operator to maintain records pertaining to pet sales for two years from the date of disposition of the animal and to make them available, upon request, to appropriate law enforcement. (HSC Section 122355(E))
   
9. Permits an animal control officer, a humane officer, or a peace officer to issue a single notice to correct a detected violation of pet store, as specified. (HSC Section 122356(a))
   
10. Establishes the Polanco-Lockyer Pet Breeder Warranty Act (Act). (HSC Section 122045 et seq)
    
11. Provides for the regulation and licensing of dogs. (Food and Agriculture Code (FAC) Sections 30501- 31683)
12. States that the required holding period for an impounded stray dog, is six business days, not including the day of impoundment, unless: (FAC Section 31108 (a))
    1. The public or private shelter has made the dog available for owner redemption on one weekday evening until at least 7 p.m. or one weekend day, the holding period shall be four business days, not including the day of impoundment; or,
    2. The public or private shelter has fewer than three full-time employees or is not open during all regular weekday business hours, and if it has established a procedure to enable owners to reclaim their dogs by appointment at a mutually agreeable time when the public or private shelter would otherwise be closed, the holding period shall be four business days, not including the day of impoundment.
13. Requires that unless an animal is irremediably suffering from a serious injury or illness, a stray dog must be held for owner redemption during the first three days of the holding period, not including the day of impoundment and available for owner redemption or adoption for the remainder of the holding period, as specified. (FAC Section 31108)
14. Requires, except as provided, any stray dog that is impounded pursuant to these animal control provisions, prior to the euthanasia of that animal, be released to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code, animal rescue or adoption organization if requested by the organization prior to the scheduled euthanasia of that animal. The public or private shelter may enter into cooperative agreements with any animal rescue or adoption organization. In addition to any required spay or neuter deposit, the public or private shelter, at its discretion, may assess a fee, not to exceed the standard adoption fee, for animals adopted or released. (FAC Section 31108(b))
15. Provides for the regulation of cats. (FAC Sections 31751-31765)
16. Requires the holding period for an impounded stray cat to be six business days, not including the day of impoundment, except as follows: (FAC Section 31752.(a))
    1. If the public or private shelter has made the cat available for owner redemption on one weekday evening until at least 7 p.m. or one weekend day, the holding period shall be four business days, not including the day of impoundment; or,
    2. If the public or private shelter has fewer than three full-time employees or is not open during all regular weekday business hours, and if it has established a procedure to enable owners to reclaim their cats by appointment at a mutually agreeable time when the public or private shelter would otherwise be closed, the holding period shall be four business days, not including the day of impoundment.
17. Specifies that unless the animal is irremediably suffering from an injury or illness, any stray cat that is impounded pursuant to this division shall, prior to the euthanasia of that animal, be released to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code, animal rescue or adoption organization if requested by the organization prior to the scheduled euthanasia of that animal. In addition to any required spay or neuter deposit, the public or private shelter, at its discretion, may assess a fee, not to exceed the standard adoption fee, for animals adopted or released. The public or private shelter may enter into cooperative agreements with any animal rescue or adoption organization. (FAC Section 31752(b))
18. Requires during the required holding period and prior to the adoption or euthanasia of an impounded cat, a public or private shelter to scan the cat for a microchip that identifies the owner of that cat and shall make reasonable efforts to contact the owner and notify him or her that his or her cat is impounded and is available for redemption. (FAC Section 31752(c))
    
19. Requires of an animal rescue or adoption organization which cares for a rabbit, guinea pig, hamster, potbellied pig, bird, lizard, snake, turtle or tortoise that is legally allowed as personal property and that is impounded in a public or private shelter to be held for the same period of time, under the same requirements of care, and with the same opportunity for redemption and adoption, as specified. (FAC Section 31753)

THIS BILL:

1. Requires that pet stores provide consumers or law enforcement with specific information about the animals they sell, including:
   1. Records documenting the health of each animal, to be retained for at least two years after the animal is sold and to be made available during normal business hours.
   2. Pet return policies and the circumstances, if any, under which the store will provide veterinary care for the animal in the event of illness.
   3. Information from the organization providing the animal to the store that describes the conditions of transfer between the organization and the pet store. This includes return policies, animal origin, and veterinary records.
   4. A copy of the animal’s veterinary medical records.

FISCAL EFFECT: None. This bill is keyed non-fiscal by Legislative Counsel.

COMMENTS:

Purpose. This bill is sponsored by Social Compassion in Legislation. According to the author, “Pet store warranty laws are intended to protect consumers from purchasing sick or unhealthy pets by ensuring animals in a retail location receive appropriate treatment and care. However, once the new laws requiring pet stores to only sell animals obtained from shelters or rescues take effect, certain warranty laws may no longer apply. AB 2445 seeks to reconfigure existing consumer protection provisions that pet store operators are required to comply with. This will ensure clarity for both pet store operators and consumers as to what their rights and responsibilities are when purchasing or selling companion animals in California pet stores.”

Background. Animal and Consumer Protection Laws. In California, there are a host of laws related to the sale of pets, including regulations for animal care in pet stores, consumer rights, requirements for breeders, and requirements for sales at swap meets and kennels. The Pet Store Animal Care law applies to animals in pet stores and places certain requirements on how animals can be treated while in a store pending sale. For example, HSC Section 122353 requires the floor of an animal's primary enclosure to be constructed to prevent injury; requires primary animal enclosures to contain an enrichment device (toy); requires platforms for cats; and requires cages for birds to be large enough for the bird to spread its wings fully, among other requirements. A pet store operator or at least one employee is required to be present in the store at least once daily, regardless if the store is open for business. Pet stores are required to isolate and not sell those animals suspected of having a contagious condition and ensure that each animal is treated without delay.

AB 485 (O’Donnell, Chapter 740, Statutes of 2017) prohibits the retail sale of dogs, cats, or rabbits at a retail pet store unless that animal was obtained from an animal shelter, humane association or other non-profit. As AB 485 moved through the legislative process, a number of provisions related to warrantees and disclosures were removed with the promise to work closely with stakeholders in order to reach agreement. In the first year of implementation of AB 485, this bill provides amendments to existing law for greater disclosure to consumers in an attempt to ensure that consumers do not purchase sick or unhealthy pets.

While there is no formal opposition to this bill, the Pet Industry Joint Advisory Council (PIJAC), which was highly engaged and an opponent of AB 485, has expressed concern that there are unresolved issues from AB 485 that are not addressed in this bill, which is ostensibly a clean-up measure for AB 485. Most notably PIJAC has expressed concern that there is not a defined pipeline for animals to be transferred from shelters or rescue organizations to pet stores.

Prior Related Legislation. AB 485 (O’Donnell, Chapter 740, Statutes of 2017) prohibits the retail sale of dogs, cats, or rabbits at a retail pet store unless that animal was obtained from an animal shelter, humane association or other non-profit.

ARGUMENTS IN SUPPORT:

Social Compassion in Legislation writes, “Social Compassion in Legislation is grateful to sponsor AB 2445. This important bill will clarify notice requirements for retail pet stores that sell dogs and cats, as well as ensure consumers are informed of the pet’s age, timing of veterinary care, and time with the retailer.”

ARGUMENTS IN OPPOSITION:

None on file

POLICY ISSUE(S) FOR CONSIDERATION:

While it is outside the scope of this particular bill, the model established for the transfer of animals between shelters and pet stores under AB 485 should be monitored for success and potential improvements in the future.

REGISTERED SUPPORT:

Social Compassion in Legislation

REGISTERED OPPOSITION:

None on file

Analysis Prepared by: Jimmy Fremgen / B. & P. / (916) 319-3301