Statutes

Statute by category Citationsort descending Summary
CA - Slaughter - § 598b. Animals commonly kept as pets or companions; use as food; violation; exceptions West's Ann. Cal. Penal Code § 598b

This statute makes it a misdemeanor to possess, import into, or export from, California, sell, buy, give away, or accept any carcass of any animal commonly kept as a pet with the intent of using any part of that carcass for food.  It is also a misdemeanor to possess, import, export, buy, sell, give away or accept a common pet animal with the intent of killing it for food.

CA - Horse slaughter - § 598c. Horse slaughter for human consumption West's Ann. Cal. Penal Code § 598c

This statute makes it unlawful to possess, to import into or export from the state, or to sell, buy, give away, hold, or accept any equine with the intent of killing it for the purpose of human consumption. Violations could result in a felony conviction with a prison sentence of up to three years.

CA - Horse slaughter - § 598d. Sale of horsemeat for human consumption West's Ann. Cal. Penal Code § 598d

This statute prohibits the sale of horsemeat for human consumption. No  restaurant, cafe, or other public eating place may offer horsemeat for sale for human consumption. A first time violation is a misdemeanor.

CA - Prize animals - § 599. Selling or giving away poultry or rabbits as inducement to enter contest, place of amusement or busi West's Ann. Cal. Penal Code § 599

This statute makes it a misdemeanor to sell or give away, any live chicks, rabbits, ducklings, or other fowl as a prize for, or as an inducement to enter, any contest, game or other competition.  It also makes it a crime to dye or artificially color any of these animals, or display them without adequate facilities.

CA - Crimes, warrants - § 599a. Violations involving animals or birds; procedure West's Ann. Cal. Penal Code § 599a

If a complainant believes that any provision of law relating to, or in any way affecting, dumb animals or birds, is being, or is about to be violated in any particular building or place, a magistrate may issue and deliver immediately a warrant directed to law enforcement, authorizing him to enter and search that building or place, and to arrest any person there present violating, or attempting to violate, any law relating to, or in any way affecting, dumb animals or birds.

CA - Forfeiture - § 599aa. Seizure of fighting animals and birds, paraphernalia, etc.; affidavit of officer; custody of seized p West's Ann. Cal. Penal Code § 599aa

This section provides for the seizure and forfeiture of all birds, animals, paraphernalia, and any other property which is used in the fighting of birds or animals, the training of birds or animals to fight, or to inflict pain or cruelty on fighting animals.  The section outlines the procedures for seizure and forfeiture, including what is to be done with seized animals.

CA - Animal Defined - § 599b. Words and phrases; imputation of knowledge to corporation West's Ann. Cal. Penal Code § 599b

This statute defines words, such as "animal," as they are used in Title 14, the Malicious Mischief section, of the California Penal Code.  Title 14 is where all of the California Penal Code sections pertaining to animal cruelty are found.

CA - Cruelty, exemptions - § 599c. Construction of title; game laws; West's Ann. Cal. Penal Code § 599c

This statute makes it clear that the title is not meant to interfere with “game laws” or the right to destroy venomous reptiles or other dangerous animal. Neither is there an intent to interfere with laws regarding the destruction of certain birds, interfere with the right to kill animals used for food or with scientific experiments.

CA - Euthanasia - § 599d. Policy of state regarding adoptable and treatable animals West's Ann. Cal. Penal Code § 599d

This law provides that it is the policy of the state that no adoptable animal shall be euthanized.

CA - Euthanasia - § 599e. Killing unfit animals after notice by officer; West's Ann. Cal. Penal Code § 599e

This statute requires an owner of an animal deemed to be unfit for employment to kill the animal within 12 hours, after being notified by any peace officer, or be subject to criminal penalties.

CA - Slaughter - § 599f. Nonambulatory animals; slaughter houses, stockyards, auctions, market agencies, or dealers; transaction West's Ann. Cal. Penal Code § 599f

 As used in this section, "nonambulatory" means unable to stand and walk without assistance.  This statute prohibits a slaughterhouse that is not inspected by the United States Department of Agriculture, stockyard, or auction shall buy, sell, or receive a nonambulatory animal.  Effective July 2008, the law also states that no slaughterhouse shall sell meat from non-ambulatory animals for human consumption. The penalty was also increased from an unspecified misdemeanor to a penalty of up to one year in jail or a fine of up to $20,000 or both.

CA - Service Animal - § 600. Horses or dogs used by peace officers or volunteers; West's Ann. Cal. Penal Code § 600

This statute makes it an offense to willfully, maliciously and with no legal justification harm, injure, obstruct, or interfere with a horse or dog under the supervision of law enforcement in the discharge of official duties or a volunteer under the direct supervision of a peace officer. Violations are punishable by a fine and/or imprisonment. Punishment depends on the seriousness of the injury to the animal. Upon conviction, a defendant must also pay restitution for damages.

CA - Service Animal - § 600.2. Allowing dog to injure or kill guide, signal or service dog; punishment; restitution West's Ann. Cal. Penal Code § 600.2

It is unlawful for any person to permit any dog he or she owns or controls to injure or kill any service dog while the service dog is in discharge of its duties. A violation is an infraction punishable by a fine if the injury is caused by the person's failure to exercise ordinary care. A violation is a misdemeanor if the injury is caused by reckless disregard in the exercise of control over his or her dog. A violation in this case shall be punishable by a fine and/or imprisonment. Upon conviction, the defendant shall make restitution, including veterinary bills and replacement costs.

CA - Assistance Animal - California Assistance Animal/Guide Dog Laws West's Ann. Cal. Penal Code § 600.2, 600.5, West's Ann. Cal. Civ. Code § 54 - 55.32; West's Ann.Cal.Educ.Code § 39839; West's Ann. Cal. Food & Agric. Code § 30850 - 30854; West's Ann. Cal. Health & Safety Code § 121680; Cal. Vehicle Code § 21963;

The following statutes comprise the state's relevant assistance animal and guide dog laws.

CA - Service Animal - § 600.5. Intentional injury to, or death of, guide, signal or service dog; penalty; restitution West's Ann. Cal. Penal Code § 600.5

Any person who intentionally causes injury to or the death of any service dog, while the dog is in discharge of its duties, is guilty of a misdemeanor. punishable by a fine and/or imprisonment. Upon conviction, a defendant must make restitution to the person with a disability who has custody or ownership of the dog for any veterinary bills and replacement costs of the dog if it is disabled or killed.

CA - Zoo - § 602.13. Entering animal enclosure at zoo, circus, or traveling animal exhibit; punishment; exceptions; other prosec West's Ann. Cal. Penal Code § 602.13

This law makes it an infraction for a person to enter into an animal enclosure at a zoo, circus, or traveling animal exhibit if that facility is licensed or permitted to display animals and if it posts signs prohibiting entrance into the animal enclosures.

CA - Importation - Chapter 2. Of Other and Miscellaneous Offenses (653o - 653r) West's Ann. Cal. Penal Code § 653o - 653r

These California laws relate to the importation of certain animals parts for commercial purposes. Under the law, it is unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of any polar bear, leopard, ocelot, tiger, cheetah, jaguar, sable antelope, wolf (Canis lupus), zebra, whale, cobra, python, sea turtle, colobus monkey, kangaroo, vicuna, sea otter, free-roaming feral horse, dolphin or porpoise (Delphinidae), Spanish lynx, or elephant. Starting in 2015, it shall be unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of any crocodile or alligator. Section 653p makes it unlawful to posses with the intent to sell any part or dead body of any species on the federal endangered species list or species covered under the MMPA. Section 653q makes it illegal to import for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of any seal.

CA - Enforcement - Chapter 5. Arrest, by Whom and How Made. West's Ann. Cal. Penal Code § 837, 847

This set of provisions authorizes private citizens to make arrests and explains when and how citizen arrests may be made.

CA - Trusts - § 15212. Trusts for care of animals; duration; requirements; accountings; beneficiaries West's Ann. Cal. Prob. Code § 15212

This California statute provides that a person can create a trust for the care of a designated domestic or pet animal for the life of the animal.  The duration will only be for the life of the pet, even if the trust instrument contemplates a longer duration.  Note that the statute uses the singular form of "animal" and the term "domestic" or "pet" is used.

CA - Parks - § 5008.1. Animals brought into parks; conditions; maintenance of Internet Web site West's Ann. Cal. Pub. Res. Code § 5008.1 This law allows the state parks director to determine when it is in the public interest to allow visitors to bring animals to units of the state park system. Animals brought in by visitors must be under immediate control of the visitor and must not pose a safety threat, create a public nuisance, or pose of threat to natural or cultural resources. The department may require a person bringing an animal into a state park system to provide proof of appropriate immunizations and valid licenses. In 2018, the legislature added a part to the law that states no later than July 1, 2020, the department shall establish and maintain on its Internet Web site a comprehensive, up-to-date list of each state park system unit with information on whether the unit or a portion of the unit allows dogs and additional information that may include, but is not limited to, the specific areas of the unit in which dogs are allowed and the total miles of trail in the unit that are open to dogs.
CA - Horse - § 21759. Caution in passing animals West's Ann. Cal. Vehicle Code § 21759 This California law provides that the driver of any vehicle that approaches a horse drawn vehicle, any ridden animal, or livestock must exercise proper control of his vehicle and shall reduce speed or stop as may appear necessary to avoid frightening the animal and to insure safety of the person in charge of the animal.
CA - Sales - § 1670.10. Sale of dogs and cats; retail installment contracts prohibited; remedies West's Ann.Cal.Civ.Code § 1670.10 This law, effective 2018, prohibits the transfer of ownership of dogs and cats through retail installment contracts. This is a contract where transfer ownership of a dog or cat in which ownership is contingent upon the making of payments over a period of time subsequent to the transfer of possession of the dog or cat. These contracts on or after January 1, 2018 are void as against public policy in the state
CA - Lien, veterinary - Chapter 6. Other Liens. West's Ann.Cal.Civ.Code § 3051, 3052

These California laws concern possessory liens for services, which includes veterinary proprietors and veterinary surgeons. Under Section 3051, a person who is in lawful possession of an article of person property and renders service or safekeeping to the owner has a lien on that property for compensation due. The section then specifically states that, ". . . veterinary proprietors and veterinary surgeons shall have a lien dependent on possession, for their compensation in caring for, boarding, feeding, and medical treatment of animals." The companion section states that the person holding the lien under Section 3051, if not paid the amount due within 10 days, may sell such property at public auction by giving at least 10 days notice.

CA - Cruelty, unattended animal - § 43.100. Property damage or trespass to motor vehicle resulting from rescue of animal; West's Ann.Cal.Civ.Code § 43.100 This California law effective January 1, 2017 states that there is no civil liability for property damage to a motor vehicle if the damage was caused by a person rescuing an animal under Section 597.7 of the Penal Code.
CA - Housing, mobile homes - § 798.33. Pets West's Ann.Cal.Civ.Code § 798.33 This California law relates to pets in mobile home parks. It states that no lease agreement entered into, modified, or renewed on or after January 1, 2001, shall prohibit a homeowner from keeping at least one pet within the park, subject to reasonable rules and regulations of the park. "Pet" is defined as any domesticated bird, cat, dog, aquatic animal kept within an aquarium, or other animal as agreed to between the management and the homeowner.
CA - Research animals - § 66017.7. Animals used for diagnostic purposes or medical research West's Ann.Cal.Educ.Code § 66017.7

This California law effective in 2016 allows for adoption of cats or dogs used in medical research. If the public postsecondary educational institution (or independent institution) assesses the health of an animal and determines: (1) that the animal is suitable for adoption; (2) the animal's destruction is not required; and (3) the animal is no longer needed, it shall offer the dogs or cats to an animal adoption organization or animal rescue organization for adoption prior to euthanizing those animals.

CA - Sharks - § 2021. Shark fins; unlawful possession, sale, offer for sale, trading, or distribution; exceptions West's Ann.Cal.Fish & G.Code §§ 2021, 2021.5

Under these California statutes, it is unlawful to possess, sell, offer for sale, trade, or distribute a shark fin. However, there are exceptions for people who have a license or permit. In addition, people and restaurants who have a shark fin as of January 1, 2012 may possess it until January 1, 2013.

CA - Dog, dangerous - § 31625. Seizure and impoundment pending hearing West's Ann.Cal.Food & Agric.Code § 31625

This California statute allows an animal control officer or law enforcement officer to seize and impound the dog pending hearing if there is probable cause to believe the dog poses an immediate threat to public safety.  The owner or keeper of the dog shall be liable to the city or county where the dog is impounded for the costs and expenses of keeping the dog, if the dog is later adjudicated potentially dangerous or vicious.

 

CA - Dog Park - § 831.7.5. Liability of public entity owning or operating a dog park; actions of a dog in the dog park West's Ann.Cal.Gov.Code § 831.7.5 This law in the Government Code states that a public entity that owns or operates a dog park shall not be held liable for injury or death of a person or pet resulting solely from the actions of a dog in the dog park.
CA - Restaurant - § 114259.5. Live animals West's Ann.Cal.Health & Safety Code § 114259.5

In 2014, California added amendments to its law on "Live Animals" in the Retail Food Code related to pet dogs in outdoor dining areas. If a food establishment owner allows it, patrons may bring their pet dogs to an outdoor dining area if requirements are met. Like other states, there must be an outdoor entrance, employees must wash hands if they touch the dogs, dogs must be leashed and under control, pet waste must be properly dealt with, and "food and water provided to pet dogs shall only be in single-use disposable containers." This last provision is interesting because it considers the needs of the canine customers.

CA - Animal Control - Chapter 4. Animal Control West's Ann.Cal.Health & Safety Code §§ 121875 - 121945

Beyond being domestic pets, dogs provide many services to humans, such as tracking scents and guarding facilities. Below is a collection of California laws, collectively known as the Dog Act, that set out definitions, requirements, and penalties relating to guard dogs, tracking dogs, narcotics dogs, sentry dogs and the people who handle them.

CA - Facility - § 868.4. Authorization for therapy or facility dogs to accompany certain witnesses in criminal West's Ann.Cal.Penal Code § 868.4 This law, effective in 2018, allows either party in a criminal or juvenile hearing to ask the court for approval to bring a therapy or facility dog for a child witness in a court proceeding involving any serious felony or any other victim who is entitled to a support person. Before a therapy or facility dog may be used, the party seeking its use must file a motion with the court that includes: (1) the training or credentials of the therapy or facility dog; (2) the training of the therapy or facility dog handler; and (3) facts justifying that the presence of the therapy or facility dog may reduce anxiety or otherwise be helpful to the witness while testifying. The court may grant the motion unless it finds the use of the therapy or facility dog would cause undue prejudice or be unduly disruptive to the court. Appropriate measures must be taken to assure that the presence of the therapy or facility dog as unobtrusive and nondisruptive as possible.
CA - Vehicle - § 23117. Transportation of animals; enclosure or restraint requirements West's Ann.Cal.Vehicle Code § 23117

This California law prohibits any person from transporting any animal in the open back of a vehicle on a highway unless the vehicle has sides that extend 46" vertically, or the animal is secured in a cage and cross-tethered to prevent it from jumping out of the vehicle. The law targets the transporting of dogs in the back of pickup trucks. Exclusions include the transportation of livestock and farm dogs.

FL - Education - 1003.47. Biological experiments on living subjects West's F. S. A. § 1003.47 This Florida law provides guidelines for use of animals in K-12 instruction. It prohibits surgery or dissection on any living mammalian vertebrate or bird (vivisection). While dissection may be performed on nonliving subjects, students may be excused from this upon written request from a parent. In addition, any live animals on the premises of public and private elementary, middle, and high schools shall be housed and cared for in a humane and safe manner. If any instructional employee of a public high school or career center knowingly or intentionally fails or refuses to comply with any of the provisions of this section, the district school board may suspend, dismiss, return to annual contract, or otherwise discipline such employee as provided in the law.
FL - Disaster - 252.3568. Emergency sheltering of persons with pets West's F. S. A. § 252.3568 - 3569

In Florida, there must be strategies for the evacuation of persons with pets in the state and local comprehensive emergency management plans.

FL - Vehicle - 316.0825. Vehicle approaching an animal West's F. S. A. § 316.0825 Every person operating a motor vehicle shall use reasonable care when approaching or passing a person who is riding or leading an animal upon a roadway or the shoulder thereof. A violation of this section is a noncriminal traffic infraction.
FL - Hunting - Chapter 379. Fish and Wildlife Conservation. West's F. S. A. § 379.105

This law represents the state's hunter harassment provision. Under the law, a person may not intentionally, within a publicly or privately owned wildlife management or fish management area or on any state-owned water body, interfere with or attempt to prevent the lawful taking of fish, game, or nongame animals by another or attempt to disturb wildlife or fish to prevent their lawful taking. Any person who violates this section commits a Level Two violation.

FL - Endangered - Endangered and Threatened Species Act West's F. S. A. § 379.2291 - 2311

These Florida statutes define endangered and threatened species and provide the State's intent to protect these species.  Under statute, the intentional killing or wounding of a listed species incurs a third degree felony.  Interestingly, the state has a reward program for the arrest and conviction of those who violate state endangered species laws.

FL - Wildlife - Chapter 379. Fish and Wildlife Conservation. West's F. S. A. § 379.231 - 504

These Florida laws concern the keeping and taking of captive wildlife. Places where wildlife is held in captivity are subject to inspection by the officers of the state commission at any time. The commission shall promulgate rules defining Class I, Class II, and Class III types of wildlife. A companion statutory section provides that, in order to assure humane treatment of captive wildlife, no person, firm, corporation or association shall be in possession of captive wildlife for public display unless a permit has been obtained. The cost of the permit depends on whether the species fall into Class I, II, or III).

FL - Hunting - 379.302. Private game preserves and farms; regulations; penalties West's F. S. A. § 379.302

This Florida statute provides that any person owning land in this state may establish, maintain, and operate within the boundaries thereof, a private preserve and farm, not exceeding an area of 640 acres, for the protection, preservation, propagation, rearing, and production of game birds and animals for private and commercial purposes.  All private game preserves or farms established under the provisions of this section shall be fenced in such manner that domestic game thereon may not escape and wild game on surrounding lands may not enter.  Violation of this section results in a misdemeanor and forfeiture of the violator's license to operate for one year.

FL - Fish and Wildlife Conservation - Part V. Law Enforcement West's F. S. A. § 379.33 - 379.343

This set of laws describes the scope and methods of enforcement of the state's fish and wildlife laws.

FL - Endangered Species - Chapter 379. Fish and Wildlife Conservation. West's F. S. A. § 379.411

This statute prohibits the intentional killing or wounding of any animal, or the eggs or nest of any animal, listed as threatened, endangered, or of special concern, making it a Level Four violation under s. 379.401. The bald eagle has been designated under this provision.

FL - Assistance Animal - Florida's Assistance Animal/Guide Dog Laws West's F. S. A. § 413.08 - 081; West's F. S. A. § 316.1301, 1303; West's F. S. A. § 760.08

The following statutes comprise the state's relevant assistance animal and guide dog laws.

FL - Veterinary - Veterinary Medical Practice. West's F. S. A. § 474.201 - 221

These are the state's veterinary practice laws.  Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners.

FL - Cemetery Regulation - § 497.273. Cemetery companies; authorized functions West's F. S. A. § 497.273 This statute describes the services a cemetery may provide and whether the cemetery may provide those services exclusively. It prohibits the commingling of cremated animal remains with human remains, but allows the entombment of the cremated remains of the decedent's pet with the authorization of a legally authorized person.
FL - Horse Slaughter - 500.451. Horse meat; offenses West's F. S. A. § 500.451

This Florida makes it unlawful for any person to sell in the markets of this state horse meat for human consumption unless the horse meat is clearly stamped, marked, and described as horse meat for human consumption or to knowingly transport, distribute, sell, purchase, or possess horse meat for human consumption that is not clearly stamped, marked, and described as horse meat for human consumption or horse meat that is not acquired from a licensed slaughterhouse.

FL - Restaurant - 509.233. Public food service establishment requirements; local exemption for dogs West's F. S. A. § 509.233

Florida was one of the first states to enact a law on dogs in restaurants in 2006. The law allows a local unit of government to adopt an ordinance that acts as an exemption to the state's Food and Drug Administration Food Code. Once the local exemption is passed, a restaurant can apply for a permit to allow dogs in the outdoor dining spaces. Certain things must be included in the ordinance such as a requirement that staff wash after touching pets, a rule that patrons keep dogs on leashes and under control, a prohibition against dogs on chairs, tables, or other furnishings, signs that list the rules for employees and patrons, and a clean-up station in the outdoor dining area. There are also reporting requirements by the local governments to the State of Florida under the law. The city or county must also have a system in place to document and respond to complaints.

FL - Dogs - Florida Dog /Dangerous Dog Laws West's F. S. A. § 509.233; § 767.01 - 16; § 705.19; § 823.041; § 823.15 - 151; § 877.14

These Florida statutes outline the state's dog provisions, which mainly cover dangerous dog/dog bite laws.  The owner of any dog that bites any person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners' knowledge of such viciousness.  However, any negligence on the part of the person bitten that is a proximate cause of the biting incident reduces the liability of the owner of the dog by the percentage that the bitten person's negligence contributed to the biting incident.  If a dog that has previously been declared dangerous attacks or bites a person or a domestic animal without provocation, the owner is guilty of a misdemeanor of the first degree.  The dog will be impounded for a period of ten days during which time the owner of the dog may request a hearing.

FL - Department of Agriculture & Consumer Services - Enforcement West's F. S. A. § 570.65; 570.15; 570.051

This set of laws authorizes the establishment of the Office of Agricultural Law Enforcement within the Department of Agriculture & Consumer Services for the enforcement of laws relating to wild or domesticated animals or animal products. Law enforcement officers employed by the Department have statewide jurisdiction and have full law enforcement powers granted to other peace officers of the state, including the authority to make arrests, carry firearms, serve court process, and seize contraband and the proceeds of illegal activities. It is a misdemeanor of the second degree to threaten, interfere with, or impersonate an enforcement officer or other employee of the Department.

FL - Agriculture & Consumer Services - Department Duties and Enforcement West's F. S. A. § 585.001 - 585.008

This set of laws explains the powers and duties of the Department of Agriculture & Consumer Services in enforcing the Animal Industry laws (Chapter 585). Any person or officer that is charged with a duty under the Animal Industry laws may be compelled to perform the same by mandamus, injunction, or other court-ordered remedy. Department employees are authorized to enter any premises in the state for the purposes of carrying out their duties under the Animal Industry laws and it is illegal for any person to interfere with the discharge of those duties.

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