SECTIONS 122350-122361 - California Statutes

HEALTH AND SAFETY CODE

SECTION 122350-122361

122350. As used in this act, the following definitions apply:
(a) "Adequate space" means sufficient height and sufficient
floorspace for the animals to stand up, sit down, turn about freely
using normal body movements without the head touching the top of the
primary enclosure, lie down with limbs outstretched, exercise normal
postural movement, move about freely as appropriate for the species,
age, size, and condition of the animal, and, when appropriate, to
experience socialization with other animals, if any, in the primary
enclosure. However, when freedom of movement would endanger the
animal, temporarily and appropriately restricting movement of the
animal in a humane manner is permitted.
(b) "Animal" means any nonhuman vertebrate species housed, offered
for sale or adoption, or both, in the pet store, including, but not
limited to, mammals, birds, reptiles, amphibians, fish, and also
invertebrates housed, sold, or adopted as pets.
(c) "Disposition" means the transfer of an animal from a pet store
to another location, including the sale or adoption of the animal,
the return of the animal to the person who supplied the animal to the
pet store, or removal from the pet store of an animal that is
deceased for any reason, including euthanasia.
(d) "Enrichment" means providing objects or activities,
appropriate to the needs of the species, as well as the age, size,
and condition of the animal, that stimulate the animal and promote
the animal's well-being.
(e) "Euthanasia" or "euthanize" means the humane destruction of an
animal in compliance with the requirements set forth in paragraph
(5) of subdivision (b) of Section 122354.
(f) "Impervious to moisture" means a surface that prevents the
absorption of fluids and that can be thoroughly and repeatedly
sanitized, will not retain odors, and from which fluids bead up and
run off or can be removed without being absorbed into the surface
material.
(g) "Intact" means an animal that retains its sexual organs or
ability to procreate and has not been sterilized.
(h) "Person" means an individual, partnership, firm, joint-stock
company, corporation, association, trust, estate, or other legal
entity.
(i) "Pet store" means a retail establishment open to the public
and selling or offering for sale animals, including, but not limited
to, animals for use as pets or animals intended as food for other
animals. "Pet store" does not include a retail establishment open to
the public and selling or offering for sale animals to agricultural
operations for purposes that are directly related to the raising of
livestock or poultry on a farm or ranch. A person who sells,
exchanges, or otherwise transfers only animals that were bred or
raised, or both, by the person, or sells or otherwise transfers only
animals kept primarily for reproduction, shall be considered a
breeder and not a pet store.
(j) "Pet store operator" or "operator" means a person who owns or
operates a pet store, or both.
(k) "Primary enclosure" means a structure used to immediately
restrict an animal or animals to a limited amount of space, such as a
room, pen, cage, aquarium, terrarium, habitat compartment, or hutch,
where the animal or animals reside until their sale, transfer, or
other disposition.
(l) "Rodent" means an animal of the order Rodentia, such as a
guinea pig, rat, mouse, chinchilla, or hamster.
(m) "Sanitize" means to make physically clean and to destroy, to
the extent practical, agents injurious to health.
(n) "Temporary enclosure" means a confined space used by the pet
store to house an animal when the animal is not in its primary
enclosure for a period not to exceed four consecutive hours. The
temporary enclosure shall allow the animals to stand up, lie down,
and turn around. An enclosure used by the pet store to house an
animal for longer than four consecutive hours shall meet the
requirements of a primary enclosure.
(o) "Time of sale" means the calendar date the retail purchaser
removes the animal from the premises of the pet store following the
retail sale of that animal.
(p) "Transfer" means the release of an animal by its owner to
another person by sale, gift, adoption, or other disposition,
including the exchange of animals between pet stores.
(q) "Veterinary treatment" means treatment by or at the direction
of a California-licensed veterinarian.

122351. Each pet store operator shall be responsible for all of the
following:
(a) Maintaining the entire pet store facility in good repair.
(b) Restricting the entry of pests from outside, ensuring the
containment of animals within the pet store, and, in the event that
animals escape, being responsible for reporting this fact, as
necessary, to local authorities and making reasonable efforts to
capture the animals that have escaped.
(c) Ensuring that the pet store's interior building surfaces,
including walls and floors, are constructed in a manner that permits
them to be readily cleaned and maintained.
(d) Uniformly distributing light, by natural or artificial means,
in a manner that permits routine inspection and cleaning, and the
proper care and maintenance of the animals.
(e) When dog or cat grooming services are offered by a pet store,
separating the grooming work area from the store's primary animal
enclosures, animal food storage areas, and isolation areas for
housing sick animals. The grooming area shall be cleaned and
maintained at least once daily.
(f) With respect to dogs, complying with all of the requirements
of Section 122155. Sections 122356 and 122358 do not apply to a
violation of Section 122155.

122352. (a) Primary enclosures shall comply with all of the
following structural standards:
(1) Primary and temporary enclosures shall be structurally sound
and maintained in good repair to protect the animals from injury, to
contain the animals, to keep other animals out, and to promote the
health and well-being of the enclosed animals. Primary enclosures
shall be constructed so they can be routinely maintained to allow
animals to stay clean.
(2) The floor of the primary enclosure shall be constructed to
prevent injury. A solid surface, platform, or shelf shall be provided
when a grid-flooring system is used.
(3) Primary enclosures shall be constructed of materials that are
impervious to moisture and can be sanitized.
(4) All primary enclosures shall provide adequate space for the
animal or animals housed in the enclosure.
(5) Each primary enclosure shall provide animals with an
enrichment device or devices appropriate for the species, age, size,
and condition of the animal.
(b) In addition to the requirements set forth in subdivision (a),
primary enclosures for cats shall provide an elevated platform as
appropriate for the size of the cat.
(c) In addition to the requirements set forth in subdivision (a),
primary enclosures for birds shall be designed to ensure all of the
following:
(1) A bird can fully extend both of its wings at the same time
without contacting the sides of the enclosure.
(2) Perches are provided in a diameter that is appropriate for the
species, age, size, and condition of the bird, and for the size of
the enclosure.
(3) There is sufficient space to enable each bird to fully extend
its wings in every direction while all birds are simultaneously
perched.
(d) Primary enclosures for prey species shall be located where
they cannot be directly seen by predator animals for that species.

122353. (a) When a primary or temporary enclosure is being cleaned
in a manner, or with a substance, that is or may be harmful to the
animals within the enclosure, those animals shall be removed from the
enclosure.
(b) Primary enclosures shall be observed at least once daily, and
animal and food wastes, used bedding, debris, and any other organic
wastes shall be removed as necessary to prevent contamination of the
animals and to reduce disease hazards and odors.
(c) Pest control measures shall be implemented to effectively
control infestation of vermin, insects, or other pests.

122354. (a) The pet store operator or at least one of his or her
employees shall be present in the store at least once daily,
regardless of whether the store is open, for care and maintenance of
the animals in the pet store.
(b) A pet store operator shall comply with the following animal
care requirements:
(1) House only compatible animals in the same enclosure.
(2) Observe each animal at regular intervals, at least once a day,
in order to recognize and evaluate general symptoms of sickness,
injury, or abnormal behavior.
(3) Take reasonable measures to house intact mammals that have
reached sexual maturity in a manner to prevent unplanned
reproduction.
(4) (A) Maintain and abide by written animal husbandry procedures
that address animal care, management and safe handling, disease
prevention and control, routine care, preventative care, emergency
care, veterinary treatment, euthanasia, and disaster planning,
evacuation, and recovery that is applicable to the location of the
pet store. These procedures shall be reviewed with employees who
provide animal care and shall be present, in writing, either
electronically or physically, in the store and made available to all
store employees.
(B) Sections 122356 and 122358 do not apply to subparagraph (A)
where there are other local, state, or federal laws that apply to
those procedures.
(5) (A) If there is a determination that an animal may need to be
euthanized, ensure that veterinary treatment is provided without
delay.
(B) Notwithstanding subparagraph (A), a rodent or rabbit intended
as food for another animal may be destroyed by a pet store operator
or an employee of a pet store only if the animal is euthanized by a
method that is performed in a humane manner, appropriate for the
species, authorized by state law, and in compliance with the American
Veterinary Medical Association (AVMA) Guidelines on Euthanasia,
dated June 2007, published by the AVMA.
(C) The euthanasia performed pursuant to subparagraph (B) may be
performed by a pet store operator or an employee of a pet store only
if a California-licensed veterinarian has certified, in writing, that
the pet store operator or employee is properly trained and
proficient in performing the method of euthanasia on that particular
species. The certification shall be valid for a period of not more
than three years, and may be recertified for additional periods of
three years. Each certification of a pet store operator or employee
shall be retained by the pet store for three years, unless a longer
period is otherwise required under state law. The certification shall
be made available, upon request, to appropriate law enforcement
officers exercising authority pursuant to Section 122356.
(D) It is the responsibility of the pet store operator to ensure
that euthanasia is performed in compliance with this section.
(E) Subparagraphs (A) to (D), inclusive, shall be implemented in a
manner consistent with California law and in accordance with Chapter
11 (commencing with Section 4800) of Division 2 of the Business and
Professions Code.
(6) Isolate and not offer for sale those animals that have or are
suspected of having a contagious condition. This paragraph shall not
apply to those animals that are effectively isolated by their primary
enclosure, including, but not limited to, fish, provided that a sign
is posted on the enclosure that indicates that these animals are not
for sale, or otherwise marked in a manner to prevent their sale to
customers during their treatment for the contagious condition.
(7) Have a documented program of routine care, preventative care,
emergency care, disease control and prevention, and veterinary
treatment and euthanasia, as outlined in paragraph (5), that is
established and maintained by the pet store in consultation with a
licensed veterinarian employed by the pet store or a
California-licensed veterinarian, to ensure adherence to the program
with respect to each animal. The program shall also include a
documented onsite visit to the pet store premises by a
California-licensed veterinarian at least once a year.
(8) Ensure that each diseased, ill, or injured animal is evaluated
and treated without delay. If necessary for the humane care and
treatment of the animal, the animal shall be provided with veterinary
treatment without delay.
(9) In the event of a natural disaster, an emergency evacuation,
or other similar occurrence, the humane care and treatment of each
animal is provided for, as required by this chapter, to the extent
access to the animal is reasonably available.
(c) Subdivisions (a) and (b) shall be implemented to the extent
consistent with California law.

122355. (a) Each pet store operator shall ensure that records of
all veterinary visits to the pet store are documented in writing.
Veterinary treatment records shall be kept for each animal or group
of animals that receives medications or immunizations while in the
care of the pet store. These records shall include summaries of
direction received orally from veterinarians, and shall include all
of the following, to the extent it is provided by the veterinarian:
(1) Identification of the animal or group of animals receiving
medical treatment.
(2) Name of the medication or immunization used.
(3) Amount of medication used.
(4) Time and date on which the medication or immunization was
administered.
(b) Records required by subdivision (a) shall be made available,
upon request, to a person who purchases a cat or dog, or any
individually housed animal.
(c) The pet store shall provide to the purchaser of an animal at
the time of sale information concerning the store's animal return
policy, which shall be made available to customers either through
in-store signs or handouts to customers. The pet store shall also
provide to purchasers of cats, dogs, and all individually housed
animals all of the following information:
(1) Spay or neuter procedures performed on the animal.
(2) Vaccinations, medical treatment, and veterinary treatment
administered to the animal during its stay in the store.
(3) Any identification device on the animal.
(4) With respect to dogs and cats, all information required to be
disclosed under Section 122140. Sections 122356 and 122358 do not
apply to a violation of Section 122140.
(5) With respect to dogs, all information required to be disclosed
under Sections 122190 and 122310. This information shall be
contained in separate documents. Sections 122356 and 122358 do not
apply to a violation of Section 122190 or 122310.
(6) With respect to birds, all information required to be
disclosed under Section 122321. Section 122356 and Section 122358 do
not apply to a violation of Section 122321.
(d) Each pet store operator shall maintain records for
identification purposes of the person from whom the animals in the
pet store were acquired, including that person's name, address, and
telephone number, and the date the animal was acquired.
(e) All records required by this section shall be maintained by
the pet store for two years from the date of disposition of the
animal, and shall be made available upon request to appropriate
enforcement officers exercising authority pursuant to Section 122356.

122356. (a) An animal control officer, as defined in Section 830.9
of the Penal Code, a humane officer qualified pursuant to Section
14502 or 14503 of the Corporations Code, or a peace officer who
detects a violation of Section 122351, subdivision (b) or (c) of
Section 122353, paragraphs (3) or (4) of subdivision (b) of Section
122354, or Section 122355 shall issue a single notice to correct,
which shall contain all of the following information:
(1) Specify each violation of this chapter found in the
inspection.
(2) Identify the corrective action for each violation.
(3) Include a specific period of time during which the listed
violation or violations must be corrected.
(b) After issuing a notice to correct pursuant to this section,
the officer or another qualified officer of the issuing agency shall
verify compliance with this chapter by conducting a subsequent
investigation of the pet store in violation of this chapter within a
reasonable period of time.
(c) An exact, legible copy of the notice to correct shall be
delivered to the pet store operator at the time he or she signs the
notice. In the alternative, the issuing agency may personally deliver
the notice to the pet store operator within 48 hours of its
issuance, excluding holidays and weekends. The signing of the notice
is an acknowledgment of receipt, and does not constitute an admission
of guilt.
(d) A pet store operator who fails to comply with a notice to
correct is guilty of an infraction.
(e) A pet store operator who violates the same provision of this
chapter on more than one occasion within a 12-month period, at the
same location, is not eligible to receive a notice to correct, and is
guilty of an infraction on the second violation, and is guilty of a
misdemeanor on the third or subsequent violation.
(f) Notwithstanding subdivision (a), a pet store operator is
guilty of a misdemeanor if the pet store operator violates any
provision listed in subdivision (a), and by doing so, the pet store
operator causes or allows harm or injury to an animal, or allows an
animal to be subject to an unreasonable risk of harm or injury.

122357. A pet store operator who violates any provision of this
chapter not specified in subdivision (a) of Section 122356 is guilty
of a misdemeanor.

122358. An infraction is punishable by a fine not to exceed two
hundred fifty dollars ($250) per violation. A misdemeanor is
punishable by a fine not to exceed one thousand dollars ($1,000) per
violation. The court shall weigh the gravity of the offense in
setting the penalty.

122359. (a) Except as otherwise provided in Section 599 of the
Penal Code, a pet store shall not offer any live animal as a prize or
give away any animal as an inducement to enter any contest, game, or
other competition.
(b) Except as otherwise provided in Section 597z of the Penal
Code, a pet store shall not sell, offer for sale, trade, or barter
any dog or cat that is under eight weeks of age. Except as otherwise
provided in any other provision of law, dogs or cats over eight weeks
of age may be sold, offered for sale, traded, or bartered only if
the animal is weaned. Pet stores shall not sell any animal before it
is weaned, except for animals intended to be used as food for other
animals.

122360. (a) Nothing in this chapter shall be construed to in any
way limit or affect the application or enforcement of any other law
that protects animals or the rights of consumers, including, but not
limited to, the Lockyer-Polanco-Farr Pet Protection Act contained in
Article 2 (commencing with Section 122125) of Chapter 5 of Part 6 of
Division 105, or Sections 597 and 5971 of the Penal Code.
(b) Nothing in this chapter limits or authorizes any act or
omission that violates Section 597 or 5971 of the Penal Code, or any
other local, state, or federal law. The procedures set forth in this
chapter shall not apply to any civil violation of any other local,
state, or federal law that protects animals or the rights of
consumers, or to a violation of Section 597 or 5971 of the Penal
Code, which is cited or prosecuted pursuant to one or both of those
sections, or to a violation of any other local, state, or federal law
that is cited or prosecuted pursuant to that law.

122361. This chapter shall become operative on January 1, 2009.