Today's Law As Amended


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AB-2117 Pet store operators: crimes. (2019-2020)



As Amends the Law Today


SECTION 1.

 Section 122354.5 of the Health and Safety Code is amended to read:

122354.5.
 (a) A pet store shall not adopt out, sell, or offer for sale a  operator shall not sell a live  dog, cat, or rabbit. This section does not prevent  rabbit in  a pet store from providing space to display animals for adoption in accordance with subdivision (b). unless the animal was obtained from a public animal control agency or shelter pursuant to Section 31108, 31752, or 31753 of the Food and Agricultural Code. 
(b) (1) A pet store shall not provide space for the display of dogs, cats, or rabbits available for adoption unless the animals are displayed by either a public animal control agency or shelter, or animal rescue group.
(2) (b)  Any animal displayed for adoption shall be both sterilized and adoptable for total fees, including, but not limited to, adoption fees, not to exceed five hundred dollars ($500). All sales of dogs and cats authorized by this section shall be in compliance with paragraph (1) of subdivision (a) of Section 30503 of, subdivision (b) of Section 30520 of, paragraph (1) of subdivision (a) of Section 31751.3 of, and subdivision (b) of Section 31760 of, the Food and Agricultural Code. 
(3) (c)  The pet store displaying dogs, cats, or rabbits pursuant to paragraph (1) shall not receive any fees in connection with the display of dogs, cats, or rabbits. Each pet store shall maintain records sufficient to document the origin of each dog, cat, or rabbit the pet store sells or provides space for, for at least one year. Additionally, each pet store shall post, in a conspicuous location on the cage or enclosure of each animal, a sign listing the name of the public animal control agency or shelter from which each animal was obtained. Public animal control agencies or shelters may periodically require pet stores engaged in sales of these animals to provide access to the records. 
(d) A pet store operator shall maintain written records sufficient to document the health, status, and disposition of each animal for a period of not less than two years after the animal is sold. These records shall be available to humane officers, animal control officers, law enforcement officers, prospective purchasers, or the purchaser of the animal for inspection during normal business hours.
(e) A pet store operator shall provide to the prospective purchaser, in writing, the pet return policy of the pet store. The return policy shall include the circumstances, if any, under which the pet store will provide followup veterinary care for the animal in the event of illness.
(f) At the request of the pet store operator, the public animal control agency or shelter that supplies an animal to the pet store shall provide, in writing, the terms under which the animal is being transferred to the pet store, including policies on returning a sick animal, and information related to the animal, including the origin of the animal, if known, and any veterinary records.
(c) (g)  A public animal control agency or shelter, an animal rescue group displaying animals at a pet store, or an animal rescue group operating a retail establishment shall not offer dogs, cats, or rabbits for adoption unless the animals are sterilized, the animals are adoptable for total fees,  pet store operator shall provide to the prospective purchaser or purchaser of an animal, a copy of the veterinary medical records of the animal, if any,  including, but not limited to, adoption fees, not to exceed five hundred dollars ($500), and the adoption fees are posted and visible to the public on or near the enclosures or areas where adoptable animals are displayed. An animal rescue group that displays animals at a pet store, but does not meet the criteria  records obtained pursuant to the requirements  set forth in clauses (i) and (ii) of subparagraph (A) of paragraph (1) of subdivision (e) is also subject to the penalties described in this section. Section 122135. 
(d) (h)  (1) A  Each violation of subdivision (a), (b), or (c) shall result in a single written notice to the pet store and any public animal control agency, shelter, or animal rescue group responsible for the animal that is the subject of the violation. The notice shall   pet store operator who is subject to this section is exempt from the requirements  set forth in detail the specific violation, the name and location of the pet store, the name and location of, or other identifying information regarding, the public animal control agency, shelter, or animal rescue group responsible for the animal that is the subject of the violation, and any other information relevant to the violation. In addition, the notice shall include a direction to cease the specific activity found to be in violation of this section and state the time period during which the violation must be corrected. Article 2 (commencing with Section 122125) of Chapter 5, except for the requirements set forth in Sections 122135 and 122137, paragraphs (3) and (4) of subdivision (a) of, and paragraphs (5) and (6) of subdivision (b) of, Section 122140, and Section 122155. 
(2) (i)  A failure to correct the violation described in the notice issued pursuant to paragraph (1) in the time period stated in the notice to correct shall be punished by  pet store operator who violates this section is guilty of a misdemeanor, as described in Section 122357, and is subject to  a civil penalty of one thousand dollars ($1,000) for a first violation, two thousand  five hundred dollars ($2,500) for a second violation, and five thousand dollars ($5,000) for subsequent violations as described in the notice. Each animal that is displayed, adopted, sold, or  ($500). Each animal  offered for sale or adoption per day  in violation of subdivision (a), (b), or (c), as described in the notice,  this section  constitutes a separate violation.
(e) (1) For purposes of this section, the following definitions apply:
(A) An “animal rescue group” is any not-for-profit organization that has tax-exempt status under Section 501(c)(3) of the Internal Revenue Code, whose mission and practice is, in whole or significant part, the rescue and placement of animals into permanent homes, and that meets the following requirements:
(i) Does not breed animals.
(ii) Does not obtain animals in exchange for payment or compensation from any person that breeds or brokers animals.
(B) “Public animal control agency or shelter” is any facility operated by or under contract with any governmental entity for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted dogs, cats, rabbits, or other animals.
(2) For purposes of this section, “pet store” does not include an animal rescue group operating a retail establishment in compliance with subdivision (c).
(f) (j)  This section does not prohibit a local governing body from adopting requirements that are more protective of animal welfare than those set forth in this section.
(g) An action for a violation of this section may be brought in the name of the people of the State of California by the district attorney for the county where the violation occurred in the appropriate court or by the city attorney in the city where the violation occurred. In addition to any other remedy, the district attorney is authorized to apply to the court for, and that court shall have jurisdiction upon hearing and for cause shown to grant, a temporary or permanent injunction enjoining or restraining any person or entity from violating any provision of this section.

SEC. 2.

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

122357.
 A pet store operator who violates any provision of this chapter that is not specified in subdivision (a) of Section 122356 and is not proscribed by Section 122354.5 is  is  guilty of a misdemeanor.
SEC. 3.
 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.