Bill Text: CA AB702 | 2021-2022 | Regular Session | Amended


Bill Title: Cat and dog breeding: permits.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-04-19 - From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended. [AB702 Detail]

Download: California-2021-AB702-Amended.html

Amended  IN  Assembly  April 19, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 702


Introduced by Assembly Member Santiago

February 16, 2021


An act to add Chapter 8.5 (commencing with Section 122336) to Part 6 of Division 105 of the Health and Safety Code, relating to animal breeding.


LEGISLATIVE COUNSEL'S DIGEST


AB 702, as amended, Santiago. Animal Cat and dog breeding: permits.
(1) Under existing law, the owner or keeper of any animal who permits the animal to be in any enclosure without proper care and attention is guilty of a crime. Existing law also imposes criminal penalties if the sale of a cat, dog, or other animal fails to meet certain standards and conditions, including selling a dog under 8 weeks of age, except as provided. Existing law imposes criminal penalties on a person who operates a pet shop, as defined, who fails to maintain certain living conditions for pet animals that are for wholesale or retail sale. Existing law requires a pet dealer, as defined, to maintain cats and dogs for retail sale in certain conditions. The Polanco-Lockyer Pet Breeder Warranty Act, among other things, imposes civil penalties on a dog breeder, defined to include a person or partnership that sold or gave away all or part of 3 or more litters or 20 or more dogs during the preceding 12 months, who fails to maintain certain living conditions for a dog or provide veterinary care without delay when necessary.
This bill would prohibit a person from establishing or maintaining a cat or dog kennel for breeding purposes, keeping any cat or dog for breeding purposes, or breeding any cat or dog unless the person first obtained a breeder permit from a city, county, or city and county. The bill would deem breeding 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. The bill would require a city, county, or city and county to issue a breeder permit if the applicant provides sufficient proof that certain conditions exist, including, among others, the applicant agrees to breed only one litter per year, per cat or dog per household to be queened or whelped, maintain certain living conditions for each cat or dog, and provide veterinary care without delay when necessary. The bill would authorize a city, county, or city and county to impose a fee for a breeder permit not to exceed the reasonable costs of administering these provisions.
The bill would require a local animal control agency to be responsible for enforcing and administering these provisions, and require a local animal control agency to only issue a nonmonetary warning citation for a first violation. The bill would require a local animal control agency to establish civil penalties for a 2nd or subsequent violation of these provisions of not less than $250 per violation, and further require the collected penalties to be used to pay for the costs of enforcement.
By imposing these new duties on local governments, this bill would impose a state-mandated local program.
(2) 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.

Existing law establishes the Department of Consumer Affairs, which regulates and licenses various businesses and professions in the state.

Existing law, the Polanco-Lockyer Pet Breeder Warranty Act, establishes various requirements for dog breeders. Existing law also authorizes the regulation and licensing of dogs by cities and counties.

This bill would prohibit a person from establishing or maintaining a dog or cat kennel for breeding purposes, as specified, without a breeder permit, as defined. The bill would require an application for a breeder permit to contain specified information requested by the local jurisdiction and would require a local jurisdiction to issue a breeder permit if the owner provides specified proof that various conditions are met, as specified, thereby imposing a state-mandated local program. The bill would authorize the local jurisdiction to assess fees pursuant to these provisions but would prohibit those fees from exceeding the reasonable costs of administering the provisions.

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   Local Program: YES  

The people of the State of California do enact as follows:


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.

(b)

(c) “Local animal control agency” means the municipal or county animal control agency or other entity responsible for enforcing animal-related laws.

(c)

(d) “Local jurisdiction” means any city, county, or city and county.

(d)

(e) “Spay or neuter” means any procedure performed by a duly licensed veterinarian that permanently sterilizes an animal and makes it incapable of reproduction.

(e)

(f) “Unaltered” means any female or male dog or cat cat or dog that has not been spayed or neutered or has otherwise been rendered incapable of reproduction.

(f)“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.

(g)“Proper shelter” means an enclosure with four walls, a roof and a raised floor that adequately protects from exposure to cold, heat, and water, and that gives access to an enclosed yard or other open outdoor space.

122337.
 (a) Subject to subdivision (b), no person, as principal, agent, employee, or otherwise, shall establish or maintain any dog or cat cat or dog kennel for breeding purposes, keep any dog or cat cat or dog for breeding purposes, or breed any dog or cat 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 cats or dogs 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 shall will be queened or whelped.
(3) The name and address of the applicant or applicants. each applicant.
(4) A statement by the applicant or applicants stating that each applicant or applicants owns either of the cats or dogs each applicant stating who owns each cat or dog to be bred and that there are no other owners.

(5)A statement by the applicant or applicants stating that at least one of the litter is intended to be offered for sale.

(6)

(5) Evidence that the cats or dogs each cat or dog to be bred do does not have the same sire or dam.

(7)

(6) Evidence that the dam to be bred is at least two years of age and no more than seven years of age. of an appropriate breeding age for that size and breed of cat or dog.

(8)

(7) A copy of a valid certificate of health for the dam.

(9)

(8) Evidence that both cats and dogs each cat or dog to be bred have has a microchip devices device implanted with the permittees contact information. contact information of the applicant or owner.

(10)

(9) If the owners are not the applicant or applicants, 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.

(11)

(10) A statement by the applicant or applicants stating that the applicant or applicants each applicant that they have reviewed and will comply with all applicable rules and regulations regarding breeding and keeping animals on private property.

(12)

(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 act chapter until the document expires.

122338.
 (a) A local jurisdiction shall issue a breeder permit if the owner 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 owner demonstrates, by providing a copy of their business license and federal and state tax number, or by other proof, as required by the local jurisdiction or its authorized local animal control agency, that the owner is doing business as a cat or dog breeder at a location for which the local jurisdiction or its authorized local animal control agency has issued the business license.

(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 owner 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)Proper shelter shall be provided for all cats, dogs, and litters.

(C)Clean and reasonably temperate water shall be provided to all cats and dogs at all times.

(D)Nutritious food sufficient to properly nourish the dam and the dam’s litter shall be provided.

(E)Cats’ and dogs’ living quarters and yards shall be properly maintained at all times, including, but not limited to, removal of feces and urine to prevent odors from entering surrounding areas.

(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.

(F)

(I) Births shall be reported to the local jurisdiction within 10 days of their occurrence.

(G)

(J) No An offspring shall not be sold or otherwise transferred, whether for compensation or otherwise, until it has reached the eight weeks of age, has been immunized against common diseases, and has been issued a certificate of health. a documented health check from a licensed veterinarian.

(H)All

(K) An offspring shall have a microchip device that identifies the breeder implanted before the eight weeks of age. 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 animal. cat or dog.

(I)

(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.

(J)

(M) An owner who transfers ownership of a dog or cat 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, but 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) Nothing in this section This section shall not prohibit a local jurisdiction from adopting or enforcing more restrictive spay and 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.
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