Today's Law As Amended


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AB-702 Cat and dog breeding: permits.(2021-2022)



As Amends the Law Today


SECTION 1.

 Chapter 8.5 (commencing with Section 122336) is added to Part 6 of Division 105 of the Health and Safety Code, to read:

CHAPTER  8.5. Breeder Permitting Programs for Cats and Dogs
122336.
 For purposes of this chapter, the following definitions shall apply:
(a) “Breeder permit” means a document issued annually by a local jurisdiction or its local animal control agency if authorized to issue these permits, that authorizes a person to own or possess within that locality an unaltered cat or dog for the purposes of breeding and meets the requirements of subdivision (a) of Section 122338.
(b) “Breeding” shall be deemed to have occurred upon the production of offspring, whether the offspring result from sexual activity or artificial insemination, and whether the sexual activity was intentional or the result of improper confinement.
(c) “Local animal control agency” means the municipal or county animal control agency or other entity responsible for enforcing animal-related laws.
(d) “Local jurisdiction” means any city, county, or city and county.
(e) “Spay or neuter” means any procedure performed by a duly licensed veterinarian that permanently sterilizes an animal and makes it incapable of reproduction.
(f) “Unaltered” means any female or male cat or dog that has not been spayed or neutered or has otherwise been rendered incapable of reproduction.
122337.
 (a) Subject to subdivision (b), no person, as principal, agent, employee, or otherwise, shall establish or maintain any cat or dog kennel for breeding purposes, keep any cat or dog for breeding purposes, or breed any cat or dog that is owned, harbored, or kept without first applying to and receiving a breeder permit.
(b) The application for a breeder permit shall contain information that is requested by the local jurisdiction, including, but not limited to, the following:
(1) A complete description of the nature and extent of the breeding to be conducted and for which application is made, including the breed of each cat or dog proposed to be bred.
(2) The address of the location at which breeding will occur and, if different from the breeding address, the address of the location at which the litter will be queened or whelped.
(3) The name and address of each applicant.
(4) A statement by each applicant stating who owns each cat or dog to be bred and that there are no other owners.
(5) Evidence that each cat or dog to be bred does not have the same sire or dam.
(6) Evidence that the dam to be bred is of an appropriate breeding age for that size and breed of cat or dog.
(7) A copy of a valid certificate of health for the dam.
(8) Evidence that each cat or dog to be bred has a microchip device implanted with the contact information of the applicant or owner.
(9) If every owner of a cat or dog is not an applicant, written authorization to do any of the following:
(A) Breed.
(B) Queen.
(C) Whelp.
(D) Breed and queen.
(E) Breed and whelp.
(10) A statement by each applicant that they have reviewed and will comply with all applicable rules and regulations regarding breeding and keeping animals on private property.
(11) Other information that may be required by the local jurisdiction, consistent with the purposes of this chapter.
(c) A person who is in possession of any document issued by the local jurisdiction or its authorized local animal control agency prior to enactment of this chapter that permits the actions described in subdivision (a) shall be deemed in compliance with this chapter until the document expires.
122338.
 (a) A local jurisdiction shall issue a breeder permit if the applicant provides sufficient proof, as determined by the local jurisdiction or its authorized local animal control agency, that all of the following conditions are met:
(1) The applicant demonstrates proof of compliance with any applicable state or local business license requirements if the applicant is doing business as a cat or dog breeder at the address of the location at which breeding will occur and, if different from the breeding address, the address of the location at which the litter will be queened or whelped.
(2) The applicant agrees to comply with the following requirements:
(A) Only one litter per year, per cat or dog per household may be queened or whelped.
(B) Maintain facilities for each cat or dog to be kept in a sanitary condition and that the primary shelter does not have wire flooring.
(C) Provide each cat or dog with adequate nutrition and potable water.
(D) Provide adequate space appropriate to the age, size, weight, and breed of each cat or dog. For purposes of this subparagraph, “adequate space” means sufficient space for the cat or dog to stand up without the head touching the top of the cage, sit down, turn about freely using normal body movements, and lie in a natural position.
(E) Provide each cat or dog with a rest board, floormat, litterbox, or similar device that can be maintained in a sanitary condition, as appropriate for the cat or dog.
(F) Provide each cat or dog with adequate socialization and exercise. For the purpose of this subparagraph, “socialization” means physical contact with other cats and dogs and with human beings.
(G) Wash hands before and after handling each infectious or contagious cat or dog.
(H) Provide veterinary care without delay when necessary.
(I) Births shall be reported to the local jurisdiction within 10 days of their occurrence.
(J) An offspring shall not be sold or otherwise transferred, whether for compensation or otherwise, until it has reached eight weeks of age, has been immunized against common diseases, and has a documented health check from a licensed veterinarian.
(K) An offspring shall have a microchip device that identifies the breeder implanted before eight weeks of age, unless a licensed veterinarian determines the cat or dog is medically unfit for the microchipping procedure because the animal has a physical condition that would be substantially aggravated by the procedure. The identity of the breeder shall remain on the microchip device along with the identity of the new owner upon the sale or transfer of the cat or dog.
(L) All advertising in any medium undertaken to market the offspring of a permitted unaltered animal shall prominently feature the permit number and identity of the permitting local jurisdiction.
(M) An owner who transfers ownership of a cat or dog for compensation or otherwise shall disclose to the transferee information regarding the license and permit requirements of the jurisdiction applicable to the transferred animal and all medical records, health certificates, and microchip information.
(b) (1) The amount of the fee for a breeder permit shall be determined by the local jurisdiction, and shall not exceed the reasonable costs of administering these provisions.
(2) A fee assessed by a local jurisdiction pursuant to this chapter shall not be duplicative of any other local fee in that local jurisdiction.
(c) This section shall not prohibit a local jurisdiction from adopting or enforcing more restrictive spay or neuter, unaltered, or breeding provisions pursuant to Section 122331.
(d) (1) Any individual or organization breeding animals for services provided by guide dogs, signal dogs, or service dogs, as defined in subparagraph (C) of paragraph (6) of subdivision (b) of Section 54.1 of the Civil Code, shall be presumptively entitled to a breeder permit issued pursuant to this chapter.
122339.
  (a) A local animal control agency shall be responsible for enforcing and administering this chapter. A local animal control agency shall only issue a nonmonetary warning citation for a first violation of this chapter.
(b) A local animal control agency may revoke a permit of an owner, after notice and an opportunity to be heard, for a failure to comply with the requirements of paragraph (2) of subdivision (a) of Section 122338.
(c) A local animal control agency shall establish civil penalties for a second or subsequent violation of this chapter of not less than two hundred fifty dollars ($250) per violation. Any collected penalties shall be used to pay for the costs of enforcement of this chapter.
122340.
 This chapter shall not be deemed to supersede or in any way modify the provisions of the Polanco-Lockyer Pet Breeder Warranty Act (Article 1 (commencing with Section 122045) of Chapter 5).
SEC. 2.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.