New Legislation Pushed –No sell, No give away, no displaying of “offer” to sell “animals…”
|This bill could make sponsored animal shows illegal!|
While it may not be the intention, California Assembly Bill 339 authored by Assembly member Dickinson could ban all types of animal shows in California, including dog, cat, bird, rabbit, reptile, or other types of sponsored animal shows. The bill is to be heard next Tuesday, April 2 at 9 a.m. in the Assembly Committee on Public Safety in Room 126 in the State Capitol.
The bill focuses on prohibiting the sale of animals at “swap meets” by banning the selling, giving away, or even displaying an offer to sell animals. The problem is the definition of “swap meet” as the bill refers to the definition set forth in Section 21661 of the Business and Professions Code which states:
“21661. (a) As used in this article, the term “swap meet” includes a flea market or an open-air market and means an event at which two or more persons offer merchandise for sale or exchange and that meets one of the following conditions:
(1) A fee is charged for the privilege of offering or displaying merchandise for sale or exchange.
(2) A fee is charged to prospective buyers for parking or for admission to the area where merchandise is offered or displayed for sale or exchange.
(3) The event is held more than six times in any 12 month period.
(b) Notwithstanding subdivision (a), the term “swap meet,” as used in this article, includes a flea market or an open-air market and means an event, regardless of the number of persons offering or displaying personal property or the absence of fees, at which used personal property is offered or displayed for sale or exchange if the event is held more than six times in any 12-month period.”
First time offenders of these provisions will be guilty of an infraction punishable by up to a $250 fine. A person found in violation for the first time and, by that violation, either causes or permits an animal to suffer or be injured, or causes or permits any animal to be placed in a situation in which its life or health may be endangered, will be guilty of a misdemeanor. Second time or subsequent offenders will also be guilty of a misdemeanor. Anyone guilty of a misdemeanor violation will face a fine of up to $1,000 per violation, and a court may assess the severity of the violation in setting the fine.
This bill has the potential to include animal shows such as dog , cat, rabbit, reptile, bird or other types of animal shows which are sponsored events by organizations. The poor definition could even prohibit pet industry trade shows or other specialty shows.
While NAIA supports sound regulations of animals in commercial settings, the lack of clear definitions in AB 339 poses a potential problem for all sponsored animal events and their organizers. This bill has an overly-broad definition of “swap meet” that would include many other events.
AB 339 should be amended to ensure that animal shows and events sponsored by organizations and professional trade shows in which pet animals are sold under regulated conditions are exempted. The unintended consequences of this bill require a NO vote.
Please click on the Take Action link on the upper right and send your comments to the committee