SECTIONS 30850-30854 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 30850-30854

30850. (a) The animal control department shall endorse upon the
application for an assistance dog identification tag the number of
the identification tag issued. As used in this chapter, "assistance
dogs" are dogs specially trained as guide dogs, signal dogs, or
service dogs. All applications that have been endorsed shall be kept
on file in the office of the animal control department and shall be
open to public inspection.
(b) Whenever a person applies for an assistance dog identification
tag, the person shall sign an affidavit stating as follows:
"By affixing my signature to this affidavit, I hereby declare I
fully understand that Section 365.7 of the Penal Code prohibits any
person to knowingly and fraudulently represent himself or herself,
through verbal or written notice, to be the owner or trainer of any
canine licensed as, to be qualified as, or identified as, a guide
dog, signal dog, or service dog, as defined in subdivisions (d), (e),
and (f), respectively, of Section 365.5 of the Penal Code and
paragraph (6) of subdivision (b) of Section 54.1 of the Civil Code,
and that a violation of Section 365.7 of the Penal Code is a
misdemeanor, punishable by imprisonment in a county jail not
exceeding six months, by a fine not exceeding one thousand dollars
($1,000), or by both that imprisonment and fine."
(c) Upon the death or retirement of an assistance dog, the owner
or person in possession of the assistance dog identification tag
shall immediately return the tag to the animal control department
that issued the tag.

30851. The owners of assistance dogs shall comply with all state
and local ordinances regarding health and licensure requirements for
dogs.

30852. (a) The tag identifying a dog as an assistance dog shall be
used only by a person with a disability or a trainer of an assistance
dog and shall be of such uniform statewide shape, size, and color as
to be easily recognized.
(b) The Department of Food and Agriculture, in consultation with
the State Department of Health Services, shall specify the shape,
size, and color of the tags. This subdivision shall not be subject to
the requirements of Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code.

30853. Nothing in this chapter shall be construed to limit the
access of any person in violation of the Americans with Disabilities
Act of 1990 (Public Law 101-336).

30854. The provisions of this chapter are severable. If any
provision of this chapter or its application is held invalid or to be
in conflict with the Americans with Disabilities Act of 1990 (Public
Law 101-336), that invalidity or conflict shall not affect other
provisions or applications that can be given effect without the
invalid or conflicting provision or application.