Bill Text: CA AB2954 | 2023-2024 | Regular Session | Amended
Bill Title: Cats: declawing procedures: prohibition.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-04-08 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2954 Detail]
Download: California-2023-AB2954-Amended.html
|
Amended
IN
Assembly
March 18, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2954
| Introduced by Assembly Member Wendy Carrillo |
February 16, 2024 |
An act to amend Section 16442 of add Section 31755 to the Food and Agricultural Code, relating to animals.
LEGISLATIVE COUNSEL'S DIGEST
AB 2954, as amended, Wendy Carrillo.
Animals at large: civil penalties. Cats: declawing procedures: prohibition.
Existing law prohibits a person from performing, or otherwise procuring or arranging for the performance of, surgical claw removal, declawing, an onychectomy, or a tendonectomy on any cat that is a member of an exotic or native wild cat species, and prohibits a person from otherwise altering such a cat’s toes, claws, or paws to prevent the normal function of the cat’s toes, claws, or paws, except solely for a therapeutic purpose.
This bill would prohibit a person from performing surgical claw removal, declawing, or a tendonectomy on any cat or otherwise altering a cat’s toes, claws, or paws to prevent or impair the normal function of the cat’s toes, claws, or paws, except for a therapeutic purpose. The bill would subject a person that violates that prohibition
to specified civil penalties.
Existing law requires the Attorney General, upon complaint by the Secretary of Food and Agriculture, and authorizes the Attorney General upon their own initiative, to bring action for civil penalties against any person violating certain provisions of the Food and Agricultural Code relating to animals.
This bill would make nonsubstantive changes to that provision.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 31755 is added to the Food and Agricultural Code, to read:31755.
(a) For purposes of this section, the following definitions apply:(1) “Cat” means an animal of the taxonomic family felidae, except an animal that is a member of an exotic or native wild cat species as defined in Section 597.6 of the Penal Code.
(2) “Declawing” means an onychectomy or any other surgical procedure to amputate or modify a portion of a cat’s paw in order to remove the cat’s claws. “Declawing” does not include the trimming of nonviable claw husk or placing nonpermanent nail caps.
(3) “Tendonectomy” means a procedure in which the tendons to a cat’s limbs, paws, or toes are cut or modified so that the
normal functioning of the claws is impaired.
(4) “Therapeutic purpose” means a medically necessary procedure to address an existing or recurring infection, disease, injury, or abnormal condition in the claw that jeopardizes the cat’s health. “Therapeutic purpose” does not include a procedure performed for a cosmetic or aesthetic purpose or to make the cat more convenient to keep or handle.
(b) (1) A person shall not perform surgical claw removal, declawing, or a tendonectomy on any cat or otherwise alter a cat’s toes, claws, or paws to prevent or impair the normal function of the cat’s toes, claws, or paws.
(2) This subdivision does not apply to a procedure performed solely for a therapeutic purpose.
(c) A violation of this section
shall be subject to a civil penalty of five hundred dollars ($500) for the first violation, one thousand dollars ($1,000) for the second violation, and two thousand five hundred dollars ($2,500) for the third and any subsequent violation.
(d) This section does not preempt any local ordinance adopted before January 1, 2025, prohibiting surgical claw removal, declawing, or a tendonectomy on any cat, or otherwise prohibiting the altering of a cat’s toes, claws, or paws to prevent the normal function of the cat’s toes, claws, or paws, or imposing a more severe penalty for performing such an action.
The Attorney General shall, upon complaint by the secretary, or may upon the Attorney General’s own initiative, if after examination of the complaint and evidence the Attorney General believes a violation has occurred, bring an
action for civil penalties in the name of the people of this state in any court of competent jurisdiction in this state against any person violating this part.
