CALIFORNIA BILL TO BAN SWAP MEETS,
FLEA MARKETS, OUTDOOR PUBLIC SALES? Or is it More?
Caution: Just take a look at the sponsors and you will know the answer………….. why not just call this Baffle us with Bullshit or Bamboozle us with Baloney, because the reality is, this is just a thinly veiled piece of ludicrous legislation that isn’t worth the piece of paper it was printed on.
Sponsors: All are animal Rights……. ASPCA animal Place Born Free USA United with API Food Empowerment promect, HSUS, League of Humane Voters, OC People for animals, the paw project, Peta, San diego Animal Advocates, United animal nations (J Fearing of HSUS)
Question: Are Pet Exhibits, chicken exhibits, dog and cat expos, pet parades and sales, outdoor pet shows, demonstrations, exhibits, vendors selling at dog shows in commercial parking lots, dogs in X pens in same, owners showing dogs in rings on commercial property, or state owned property, flea markets where farmers have chicks, or small birds, OR— individuals trying to re-home and place pets due to life circumstances—subject to this horribly drafted law?
CAN ANY OR ALL of these situations be snared into this horribly drafted Bill? Could they all be guilty???? YEP. The words commercial transaction, even under the UCC (Uniform Commercial Code, Sale of Goods Art. II) usually means a contract or agreement for a sale of goods. Goods are tangible property, and an animal is tangible property. Agreeing to sell something or agreeing to trade for something in exchange still pretty much amounts to some type of transaction, and you can be sure that ARs will want to categorize it against the buyer, seller, owner or what have you.
Since the word ‘commercial’ could imply a business-business or business-buyer, or seller-buyer, or owner-customer, it’s possible to categorize a LOT of scenarios into that “commercial” category. And once a law is passed, if questioned, they often look to the intent of the legislature. Surely the intent of the legislature is NOT to end the sales of pets or animals? Or is it? This bill practically qualifies as criminal against animal owners to us!!
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Also NOT lost on us, was that proponents purposely EXEMPTED themselves (alleged non profits for animals) without saying ‘why’ they should be exempt? What is the difference if a rescue SELLS 100 rabbits outside? 100 birds? 100 CATS?
We ask this question because—HSUS is passing laws even against animal rescues in different states, saying they belong in same category as commercial kennels. For example–HSUS says that rescues need to be investigated, licensed, inspected, pay fees every year, have their homes investigated and subject to unannounced search/seizure, pay licensing every year, can be unilaterally turned down, can’t have criminal history, blah blah blah—yet they will exempt them from selling on the public areas—but a private person can’t do it as well??? HUH??? This is nothing more than the SAME hypocritical nonsense usually pushed by Animal Rights.
Even if they were INSIDE they could be guilty. Wouldn’t even NEED to be outside.
Reason being, the CA definititon of swap meet and flea market do not quantify them as JUST being outside.
Update: 5/15/09 Proponents “removed” swap meet and flea markets. Oh great, they knew that wasn’t going to fly in the first place. Nevertheless, the “commercial” element is still present, and most pet expos, exposition fairs, even agility demos, and contests or rallies, are all commercial. After all, it is open to the public and it’s not exactly a one to one person deal. Vendors are still commercial, and they are not at flea markets, they are at dog shows, and even at rescue exhibits, where NOT every rescue is non profit tax exempt.
Vendors are there to make money. Sell products. Why would THOSE vendors be exempt if they owned dogs and had their dogs visible? they would not be exempt. In facts, in the parking lots, if a breeder or dog show person had several dogs that were not ready to be sold, and someone asked about them, they would qualify as guilty under the law as written, even without the flea market or swap meet. It would not be difficult for an AR to simply cruise the parking lot, take pictures, and make accusations?
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AB 1122 which, as amended, would make it a crime “to willfully sell, display, or offer for sale, or give away as part of a commercial transaction, a live animal on any street, highway, public right-of-way, commercial parking lot, or at any outdoor special sale, swap meet, flea market, parking lot sale, carnival, or boardwalk.”
Peta people have gone to DOG SHOWS–and opened up dog crates and released dogs. Peta knows what dog shows look like and how they are set up. The dogs shows would be under this “LAW” as it is written. Honestly, this so-called “law” is a real piece of work, attempting to carve out exceptions for only the proponents.
A public right of way could be a dog park, a city park, a land preserve, a beach, a lake, a picnic area or pet area, there are many public areas…….
The Impact.As drafted, it could be interpreted that this bill would ban reptile shows, bird shows, fish shows, dog and at shows, etc. that are sponsored events, normally housed within buildings and under supervision of an organization specializing in promoting and hosting of such events for such types of animals.
The [purposely] poor definition re swap meet etc, could also prohibit pet fairs like the Family Pet Expo in Orange County, pet industry trade shows, or other specialty shows which would not even necessarily fall into the general perception of swap meet or flea market.
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Personally, we (Pet Defense)—> think that IF this law carves out “exceptions” for pet shows, it will only later be modified to cut such “exemptions” out, and we (not PIJAC) do NOT recommend acceptance of such “exemptions.” We can see it now, oh “we only exempted shows with 900 dogs” or “we only exempted shows that give money to animal shelters” or “we only exempted shows that bring in X dollars to the city” etc……….. they will definitely manage to screw over fanciers. Mark our word—it’s more than obvious.
————— WARNING——WARNING———WARNING——————–WARNING—WARNING—–

There is NO WAY that this Bill was drafted to “accidentally snare” pet shows, or any pet sales. It was already admitted at a conference with the sponsoring people, that it was purposely done to stifle animals being sold. Period. You don’t neeed to be a Lobbyist, Legislator, Attorney, or even a Pet Advocate to figure it out.
Let’s face it folks–HSUS-Peta-ASPCA etc doesn’t want any of this:
1. No pets sold in pet stores
2. No pets sold by commercial breeders 3. No pets sold by someone who got it from a commercial breeder
4. No pets sold by someone who obtained the dog outside their own state 5. NO pets sold “outside” in a public place except if you are the non profit shelter and rescue? [Don't forget,rescues/ shelters re-sell commercial kennel dogs]
6. No pets sold by “backyard” breeders 7. No pets sold by people from their own house, even with Federal licensing, instead, they MUST also get STATE licensing and be subject to search/seizure
8. If one is allowed to sell from their house where they keep a dog or cat *inside* then they allow their entire house to be the subject of search and seizure because that’s the HSUS law
9. No pets should be sold “online” or in newspaper ads [even though shelters/rescues and individuals can do it]
10. No pets should be purchased because it amounts to abuse, period.
After reading the list above, if you cannot figure out that HSUS+Friends don’t want any breeding or pet sales, then you must be on glue.

After reading the above list, you can see that HSUS+Peta+ASPCA are simply part of a runaway train that is gaining speed, every time they pass one of these ludicrous laws disguised as “stopping abuse”…no one has to believe what they say—yet everyone automatically assumes they are telling the truth, and no one sees BEYOND the immediate day–for the nightmare HSUS has the $$$$ to create— nationwide? You know that band “Duffy” with the song I’m not your Stepping Stone? Well, those are the words in the song, anyway. You hobby breeders are just being USED as a stepping stone to YOUR OWN demise!!!
For any legislator to UNDERSTAND why these laws are nothing but incremental hogwash to wear down interstate commerce and SALES, to wear down the ownership and breeding of any well tempered animals, the background of HSUS has to be explained, and the 12 Steps of Animal Rights+ the link in general, to extortion and violence.
Even if HSUS appears to be ”mainstream”, that doesn’t matter because they are there to push the laws, and purposely use the wolf in sheep clothing ploy–while leaving Peta to the stunts and demonstrations. You must remember, these days many legislators are NOT attorneys, and many people really don’t care that much [as we do] about animals–and the rights that we should have regarding our property……and who knows what promise of future funding could have been made-to legislators—–but if enough people clamor and bug them with the same stuff–they have no choice but to listen. Here is a portion of the bill:
Date of Hearing: April 21, 2009
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Mary Hayashi, Chair
AB 1122 (Lieu) – As Amended: April 13, 2009
SUBJECT : Animal abuse: sale of live animals: flea markets.
EXISTING LAW proscribes animal abuse, as specified, including
the failure to maintain and care for the premises and animals at
pet shops, and generally provides that a pet store shall not
sell any dog or cat under 8 weeks of age, but may sell a dog or
cat over 8 weeks of age if the animal is weaned.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of the bill . According to the author’s office, “There
is a growing concern with the sale of pets along streets and at
flea markets, swap meets, and other outdoor venues. Numerous
local governments have enacted ordinances addressing this issue
– Sacramento, Los Angeles, and San Jose Counties all currently
restrict the sale of animals at flea markets, swap meets, and
roadsides. animal population. [PetDefense: This is not a proven fact but a
"In California, backyard breeding and puppy mills present a
significant problem with ensuring the health and safety of our
non factual premise alleged.] Currently the result of these unregulated
and irresponsible breeding practices is the sale of young
animals on roadsides and store fronts.
“California law provides that pet stores that sell animals must
abide by animal welfare standards to protect the health and
safety of the animals. These regulations promote proper care
and treatment and reduce the risk of disease outbreaks. This
law does not apply to the sale of animals at flea markets, swap
meets, and/or roadside venues.
“Unfortunately, roadside pet sales offer low prices for designer
breeds, presenting deals that are too good to be true. Often
times these animals are sick which can result in significant
financial costs for treatment and sometimes death of the animal.
Consumers have no recourse if the animal is sick or it dies
because there is no way to track the seller.” [Petdefense: No proof presented]
Support . The American Society for the Prevention of Cruelty to
Animals writes in support, “There is growing evidence that pet
animals are increasingly being sold at flea markets, swap meets,
and other outdoor venues. The absence of effective regulations
has resulted in puppies, kittens and other pet animals being
sold in terrible conditions – including unsanitary crowded pens
or cages, without food and/or water, in extreme heat. This bill
would alleviate the suffering of these animals while they are
awaiting sale. {PD: Allegations; where is the proof?]
“There are also public health and safety issues posed by the
sale of animals at temporary retail venues. The Centers for
Disease Control estimates that 93,000 salmonella cases caused by
exposure to reptiles are reported each year in the U.S. And it
takes only one undetected bird, infected with psittacosis, for
example, to start an outbreak or epidemic.”
[PD: This is HSUS trying to bamboozle everyone again with epidemic]
Opposition . The California Swap Meet Owners Association writes
in opposition, “The Swap Meet Owners have continually argued to
be treated as other retail entities would, to create a set of
standards that we are given the opportunity to meet in order to
sell certain items, rather than a blanket prohibition of selling
an item.
“Some counties in California have already set standards and
criteria for the sale of certain items at flea markets and swap
meets, which our vendors abide by. It is our understanding that
the sponsors of the bill want to ensure that the health and
welfare of animals are protected and that the proper treatment
and care for animals is provided – similar to the new
regulations California provides for pet stores. We agree with
this premise and would be willing to abide by criteria and
standards to ensure these protections of animals are met at our
facilities.”
The Northern California Samoyed Fanciers and numerous
individuals in opposition have objected to the language of AB
1122 that makes it unlawful to display or offer for sale live
animals on streets and other specified outdoor venues stating,
“This is clearly a restraint of trade. The offer or display
could include notices being posted in grocery stores or on any
place where offers for sale or free to a good home may be
placed?. Display could mean anything from placing the animal’s
picture someplace in public or placing the animal in a favorable
pose while people are watching.
REGISTERED SUPPORT :
Support
California Animal Association (sponsor)
American Society for the Prevention of Cruelty to Animals
(ASPCA)
Animal Place
Born Free USA
East Bay Animal Advocates
House Rabbit Society
The Human Society
League of Humane Voters
Orange County People for Animals
Parrots First
Paw Pac
Opposition
American Herding Breed Association
California Swap Meet Owners Association
Feline Friends Internationale
Northern California Samoyed Fanciers
Numerous individuals [Petpac and We the People USA, which they did not list]
Analysis Prepared by : Whitney Clark / B. & P. / (916)
319-3301
The bottom line is, HSUS, PETA and UAN have put their names on this proposed LAW–and when the time comes that hobby breeders cannot sell out of their homes, but will be required to have some type of commercial “licensing”–which they won’t want to do, won’t be able to afford to do, and won’t want to REMODEL their HOMES just to sell 8 dogs a year, if that?? We can guarantee you that IS on next year’s agenda for California!
It’s not that hard for laws such as that to pass, because it’s already happening? and HSUS started with commercial breeders. HSUS has NO intention of allowing home breeding without search and seizure ramifications…… Just remember, HSUS cannot be trusted, and their intention is to rein in ALL breeding. LOUISVILLE KY has the worst law (”helpfully” drafted with HSUS *help*) in the USA, is in Federal Court (because HSUS thinks it can win in Federal Court)—– and look at what is happening there? Illegal search and seizure cases? They cannot even interpret their own asinine, animal rights laws!
//====>The AB1122 bill [purposely] fails to define a swap meet or flea market and could encompass bird shows, reptile shows, cat shows, and aquarium shows. *The definition of swap meet and flea market in CA law indicates that the Bill WOULD apply to almost any animal show, whether INside, or OUTside.
//===>The tricky proponents *claimed* they only were attempting to regulate OUTside venues.—> Hahahahahah One doesn’t have to look VERY FAR to see all this calculated, deceptive, misrepresented, and with full knowledge——- ridiculously “drafted” nonsense.
//===> For one thing, whether something is “inside” or “outside” really has nothing to do with what is going on. And to throw that word “commercial” into the mix on purpose was done simply to cast AN EXTREMELY WIDE NET to snag any possible sale. When we see crap like this, it makes us cringe. And it should make YOU madder than hell!<——-
Insist that there is NO WAY that this bill can exempt every possible or conceivable transaction or event.
Note: PiJAC recommends that everyone interested in supporting the ability of people to host, promote and participate in reptile, bird, fish, cat, dog, trade, consumer pet shows, etc where animals are displayed and/or sold/or funds are raised to support the organization’s goals and objectives, to contact CA Assembly Appropriations Committee and point out the need for such exemptions, /or clear definitions of swap meet or flea market.
WE DO NOT AGREE, You can ask for exemptions, and you might get some. Then the law gets passed? When you allow “exemptions” you give them the right to take such exemptions away, and they always WILL do that.
Then next year, ARs just come back and eliminate them.
==>>>NO THANKS. <====
Once people start “collaborating” with HSUS, you can rest assured you will LOSE. LOSE. LOSE.