And Now the Swap Meets Know HSUS Laws..

CA Legislature passed HS 122370 which forces Swap Meets which allows selling of birds and other animals, to adopt standards for the care/treatment of same when the animals are at the swap meet AND transported to and from same.

We are sure that the wording came from typical HSUS regs that they tried to force on everyone in many cities prior to the CA law passed more than 5 years ago, which would have pulled the exceptions in this law below, as non exceptions, see  portions in blue lettering below.

Essentially, HSUS and friends have turned swap meets into the defacto pet store regulators so that any issues would bring AC running out to do their SEARCH AND SEIZURES.  Mark our words—this is new territory now for seizures..………….

HEALTH AND SAFETY CODE
SECTION 122370-122374

122370.  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.



122371.  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.



122372.  (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 830.9, or humane officer qualified
pursuant to Section 14502 or 14503 of the Corporations Code.



122373.  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.



122374.  This chapter shall become operative on January 1, 2016.
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