The California Assembly’s Business & Professions Committee in April voted to adopt a measure crafted by the Pet Industry Joint Advisory Council (Washington) and two major retailers that establishes criteria and procedures for the care and maintenance of pet store animals.

Co-sponsored by Petco Animal Supplies Inc. (San Diego), Assembly Bill 1347, the Pet Store Animal Care Act, draws upon numerous state laws and local ordinances and includes the input of several animal advocacy groups and animal care enforcement officers, testified Marshall Meyers, executive vice president and general counsel for PIJAC. The detailed bill is unique, he said, in that it requires retailers to abide by a written plan for animal care in consultation with a licensed veterinarian.

Representatives of Petco and PetSmart Inc .(Phoenix) also testified in support of the bill, as well as a spokesperson for the California Alliance for Consumer Protection.

The bill would establish a new infractions process designed to provide enforcement officers with more latitude through a “fix-it” ticket process for minor violations. The bill would require enforcement officers to clearly indicate the nature of the alleged infractions and provide guidance on how to resolve the issue. Failure to correct the problem, or cases of serious abuse or neglect, can result in infraction citations or actions initiated under the penal code.

The proposed enforcement provisions do not negate or weaken any sanction that currently exists in California law, said Meyers.

However, a representative from the State Humane Association of California testified in opposition, partly due to “vague and ambiguous” language pertaining to enforcement and penalties.

Her concerns mirrored those expressed in written opposition to the bill by the California Federation for Animal Legislation: Current law relating to pet shops allows that misdemeanors and violations under the general anti-cruelty law may be prosecuted as a felony, while Assembly Bill 1347 provides that a violation, after a warning, may be considered an infraction. According to the CFAL, “pet shops should have minimum care standards but penalties should not regress to infractions.”

A representative for the Animal Protection Institute (Sacramento) cited a “history of problems” in California pet stores and said the organization was neutral on Assembly Bill 1347, “based on amendments that will be made.”

In a Pet Alert issued before the hearing, PIJAC said it was working with various groups to refine the new enforcement section and expects that additional amendments will be made to clarify the language.

PIJAC also said it will provide all California pet stores, whether PIJAC members or not, a draft animal care plan as called for in the bill and which can be used as a modifiable template.

The bill has its genesis in last year’s Assembly Bill 2862, a controversial pet store standards bill that was ultimately amended to require the Department of Consumer Affairs to adopt pet store regulations. Gov. Arnold Schwarzenegger vetoed the bill for funding reasons. [June 2007 PET AGE]