California's Assembly Bill 1122 (AB1122) makes it a crime to sell, display or offer for sale a live animal in various public places. As amended 29 Jun 2009 this bill adds provisions to the anti-cruelty laws making it a crime to sell, trade, barter, display, or offer for sale, trade, or barter, or give away as part of a commercial transaction a live animal in various public places. See direct provision by provision comments here. This page formats the provisions to allow space for notes or comments at each provision.
The provisions exempt events held primarily for the auction or sale of agricultural livestock, tax-exempt nonprofit organization founded for the prevention of cruelty to animals and public animal control departments. The provisions do not exempt licensed breeders. The crime includes offering or displaying for sale, it does not require physical transfer of custody in the specified location.
The proponents of this law have a different perspective that I respect but their perspective is limited.
A supporter says
Every year in California, dogs, cats, birds, reptiles, amphibians are sold at flea markets, swap meets and on the side of the road. These animals suffer from health problems and are often housed in overcrowded, unsanitary conditions.
Nothing in this bill address health problems or housing conditions. We already have laws for that. If animal control wants to inspect animals present at these locations for a violation of these existing laws, they can already do that. They don't
A supporter says
The animals are generally purchased on impulse by people who are not educated on how to properly care for their new companion animal.
This law not only does not address the education issue (which is the problem, not the impulse) it actually makes it worse by preventing protracted arrangements and forcing a sale immediately. Furthermore it completely prevents one of the most important means of getting exactly the right animal and avoiding impulse purchases - attending training sessions, competitions, and even casual meetups in public places to learn more. The realtiy is that inviting strangers to come to your home is dangerous. The reality is that the best way to introduct a possible new dog to an existing dog is to meet off of home territory, like a public park. The reality is that there are lots of people who do their part in providing temporary homes without ever becoming part of a formally organized rescue. Preventing these people from safely meeting with potential adopters (which means not at their private home) is not good for the dogs. Of course there less savory reasons why someone would want to do this away from their home. But this law is really bad news for the animals overall.
The provisions of this bill are far too broad. They hurt dogs and cats because they reduce the ability of people to place animals. They reduce the ability to contact good breeders and develop the kind of relationship that encourages permanent successful placement. I regularly advise people on how to best select an animal that will fit into their families. One of the very best ways is to contact breeders at an event where they can see the parent(s), meet them, and determine whether there is likely to be a good fit. The provisions of this law will make the most important such meetings illegal. That would be at training and competitive events not based on some kind of physical standard but at ones designed to test the skills, instincts or behaviors of the animal.
Notice that in the "offer for sale" language makes it possible to enforce this law even when the animal is not physically present. For example. You are training your dog in a parking lot, say at a grocery store, you get approached by someone really impressed by your dog. You spend the next fifteen minutes or so educating the person on your breed's qualities etc. The person indicates sustained interest. You then mention that you do have a current litter that is available and you mention the price. You have just committed an act of animal cruelty under this law.
People who sometimes take a rescue dog to a dog show or dog sports event in the hopes of finding a placement may violate this law if it should pass. Did you take in an animal from a co-worker to prevent it from going to a shelter? Now how are you going to place it? Take that rescued dog for a walk with an "adopt me" coat? That may violate the law, at least if the person who did the rescueing isn't part of a formal organization. Anyone convicted under this provision will be convicted of animal abuse.
As written this law only increases shelter intake and shelter killing. Of course it is not a good thing for someone to breed and then try to place the animals without good screening of buyers. Of course it is best to avoid impulse transactions. However, I'd much rather see Animal Control and volunteers put their time and efforts into reducing the reasons that animals end up in shelters, not increasing them.
Take a look at other pending legislation.
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