Full Statute Name:  West's Annotated California Codes. Health and Safety Code. Division 105. Communicable Disease Prevention and Control. Part 6. Veterinary Public Health and Safety. Chapter 10. Sale of Animals at Swap Meets.

Share |
Primary Citation:  West's Ann. Cal. Health & Safety Code § 122370 - 122374 Country of Origin:  United States Last Checked:  January, 2017 Alternate Citation:  CA HLTH & S § 122370 - 122374 Date Adopted:  2013
Summary:

This new chapter (effective January 1, 2016) covers the sale of animals at swap meets in the state. A swap meet operator may allow a vendor to sell animals at a swap meet so long as the local jurisdiction has adopted standards for the care and treatment of the animals. The care and treatment of the animals must include that time that the animals are at the swap meet and during the transportation to and from the swap meet. The swap meet vendors must maintain, among other things, sanitary facilities for the animals, provide proper heating and ventilation in the facilities, provide adequate nutrition and humane care and treatment, and provide adequate space for all kept in the facilities. A swap meet vendor who offers for sale at a swap meet in a jurisdiction that has not authorized the sale is guilty of an infraction punishable by a fine up to $100. If a swap meet vendor is found guilty of this infraction for a subsequent time, he or she will be fined up to $500 per violation. Some exceptions include: events held by 4-H Clubs, Junior Farmers Clubs, Future Farmer Clubs, the California Exposition and State Fair, the sale of cattle on consignment at any public cattle sales market, and a public animal control agency or shelter.

Statute Text: 

§ 122370. Authorization of swap meet operator to permit vendors to offer animals for sale if local jurisdictional standards of care have been adopted

§ 122371. Ordinances adopted pursuant to § 122370; minimum requirements of swap meet vendors

§ 122372. Swap meet vendors offering animals for sale in local jurisdiction that has not adopted an ordinance authorizing sale; punishment; issuance of notice

§ 122373. Application of chapter

§ 122374. Operative date of chapter




§ 122370. Authorization of swap meet operator to permit vendors to offer animals for sale if local jurisdictional standards of care have been adopted

<Section operative Jan. 1, 2016.>

A swap meet operator may permit a vendor to offer animals for sale at a swap meet provided the local jurisdiction has adopted standards for the care and treatment of those animals during the time that the animals are present at the swap meet and transported to and from the swap meet. This chapter does not apply to the sale of a particular species of animal if a local jurisdiction has adopted a local ordinance prior to January 1, 2013, that applies specifically to the sale of that particular species of animal at swap meets.

Credits
(Added by Stats.2013, c. 231 (A.B.339), § 1, operative Jan. 1, 2016.)

§ 122371. Ordinances adopted pursuant to § 122370; minimum requirements of swap meet vendors

<Section operative Jan. 1, 2016.>

Any ordinance adopted pursuant to Section 122370 shall, at a minimum, require the swap meet vendor to do all of the following:

(a) Maintain the facilities used for the keeping of animals in a sanitary condition.

(b) Provide proper heating and ventilation for the facilities used for the keeping of animals.

(c) Provide adequate nutrition for, and humane care and treatment of, all animals that are under his or her care and control.

(d) Take reasonable care to release for sale, trade, or adoption only those animals that are free of disease or injuries.

(e) Provide adequate space appropriate to the size, weight, and species of animals.

(f) Have a documented program of routine care, preventative care, emergency care, disease control and prevention, and veterinary treatment and euthanasia that is established and maintained by the vendor in consultation with a licensed veterinarian employed by the vendor 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 swap meet premises by a California-licensed veterinarian at least once a year.

(g) Provide buyers of an animal with general written recommendations for the generally accepted care of the type of animal sold, including recommendations as to the housing, equipment, cleaning, environment, and feeding of the animal. This written information shall be in a form determined by the vendor and may include references to Internet Web sites, books, pamphlets, videos, and compact discs.

(h) Present for inspection and display a current business license issued by the local jurisdiction where the animals are principally housed.

(i) Maintain records for identification purposes of the person from whom the animals offered for sale were acquired, including that person's name, address, e-mail address, and telephone number and the date the animals were acquired.

Credits
(Added by Stats.2013, c. 231 (A.B.339), § 1, operative Jan. 1, 2016.)

 

§ 122372. Swap meet vendors offering animals for sale in local jurisdiction that has not adopted an ordinance authorizing sale; punishment; issuance of notice

<Section operative Jan. 1, 2016.>

(a)(1) A swap meet vendor who offers animals for sale at a swap meet in a local jurisdiction that has not adopted an ordinance authorizing that sale, is guilty of an infraction punishable by a fine not to exceed one hundred dollars ($100).

(2) A swap meet vendor who violates paragraph (1) for a second or subsequent time, is guilty of an infraction punishable by a fine not to exceed five hundred dollars ($500) per violation. The court shall weigh the gravity of the violation in setting the amount of the fine.

(3) Nothing in paragraph (2) shall preclude punishment under any other provision of law, including, but not limited to, laws prohibiting the abuse or neglect of animals in the Health and Safety Code or the Penal Code.

(b) A notice describing the charge and the penalty for a violation of this section may be issued by any peace officer, animal control officer, as defined in Section 830.91, or humane officer qualified pursuant to Section 14502 or 14503 of the Corporations Code.

Credits
(Added by Stats.2013, c. 231 (A.B.339), § 1, operative Jan. 1, 2016.)

Footnotes
1 See Penal Code § 830.9.

§ 122373. Application of chapter

<Section operative Jan. 1, 2016.>

This chapter shall not apply to the following:

(a) Events held by 4-H Clubs, Junior Farmers Clubs, or Future Farmers Clubs.

(b) The California Exposition and State Fair, district agricultural association fairs, or county fairs.

(c) Stockyards with respect to which the Secretary of the United States Department of Agriculture has posted notice that the stockyards are regulated by the federal Packers and Stockyards Act of 1921 (7 U.S.C. Sec. 181 et seq.).

(d) The sale of cattle on consignment at any public cattle sales market, the sale of sheep on consignment at any public sheep sales market, the sale of swine on consignment at any public swine sales market, the sale of goats on consignment at any public goat sales market, and the sale of equines on consignment at any public equine sales market.

(e) Live animal markets regulated under Section 597.3 of the Penal Code.

(f) A public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group regulated under Division 14 (commencing with Section 30501) of the Food and Agricultural Code. For purposes of this section, “rescue group” is a not-for-profit entity whose primary purpose is the placement of dogs, cats, or other animals that have been removed from a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane society shelter, or that have been surrendered or relinquished to the entity by the previous owner.

(g) The sale of fish or shellfish, live or dead, from a fishing vessel or registered aquaculture facility, at a pier or wharf, or at a farmer's market by any licensed commercial fisherman or an owner or employee of a registered aquaculture facility to the public for human consumption.

(h) A cat show, dog show, or bird show, provided that all of the following circumstances exist:

(1) The show is validly permitted by the city or county in which the show is held.

(2) The show's sponsor or permittee ensures compliance with all federal, state, and local animal welfare and animal control laws.

(3) The participant has written documentation of the payment of a fee for the entry of his or her cat, dog, or bird in the show.

(4) The sale of a cat, dog, or bird occurs only on the premises and within the confines of the show.

(5) The show is a competitive event where the cats, dogs, or birds are exhibited and judged by an established standard or set of ideals established for each breed or species.

(i) A pet store as defined in subdivision (i) of Section 122350.

(j) Any reptile or aquatic trade show, provided all of the following circumstances exist:

(1) The show is validly permitted by the city or county in which the show is held.

(2) The show's sponsor or permittee ensures compliance with all federal, state, and local animal welfare and animal control laws.

Credits
(Added by Stats.2013, c. 231 (A.B.339), § 1, operative Jan. 1, 2016.)

 

§ 122374. Operative date of chapter

<Section operative Jan. 1, 2016.>

This chapter shall become operative on January 1, 2016.

Credits

(Added by Stats.2013, c. 231 (A.B.339), § 1, operative Jan. 1, 2016.)



Share |