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There is a bill in the California Assembly called AB 2862
This is some pretty scary stuff folks..............Like we need more bureaucrats up in our faces, now this........give me a break!!
BILL NUMBER: AB 2862 INTRODUCED
BILL TEXT
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 retail
animal sales.
LEGISLATIVE COUNSEL'S DIGEST
AB 2862, as introduced, Ridley-Thomas Sale of animals at retail
animal outlets.
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 an animal
retail outlet, 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 RETAIL OUTLETS
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.
(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-stock
company, 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) "Retail animal outlet" means any establishment or marketplace
where animals are bought, sold, exchanged, or offered for sale to the
general public with the intent of making a profit. 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 retail outlets where the
animals are intended as companions or household animals.
(k) "Retail animal outlet operator" or "operator of a retail
animal outlet" 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
retail animal outlet.
(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 retail animal outlet
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 retail animal outlet 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 retail animal
outlet.
(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
retail animal outlet.
(C) Retail animal outlet 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 retail animal
outlet 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 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, retail animal outlet
operators shall ensure that veterinary care is provided to the
animals in the custody of the retail animal outlet without delay with
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 retail animal outlet'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 retail animal outlet. The records shall be made
available to the enforcing officer.
122344. Each retail animal outlet 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 in
good 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 retail animal outlet to produce additional
animals for sale.
(c) The animals in the retail animal outlet'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 the
animals' 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 and
Section 122155, a retail animal outlet 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
retail animal outlet 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 retail animal outlet'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 retail animal outlet shall not sell or offer for
sale any wild mammal or wild reptile designated pursuant to Section
671 of Title 14 of the California Code of Regulations.
(b) A retail animal outlet 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 retail animal
outlet shall not offer any live animal as a raffle, prize,
advertising device, or promotional consideration.
(d) A retail animal outlet 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.
122348. Each retail animal outlet operator shall ensure all of
the following:
(a) That records of all veterinary visits to the retail animal
outlet 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 retail animal outlet. 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
retail animal outlet 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 Department
of 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 any
other 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
licensee 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, and
122220, retail animal outlet 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 retail animal outlet.
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 (2) 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 retail
animal outlet 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 retail animal
outlet.
(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 retail
animal outlet 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.
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