When
AB1122 was drafted it was stated that we did not know if swap meets were classified as frag swaps and while this is still an on-going issue the Assembly Appropriations Committee failed to define a swap meet or flea market and could inadvertently encompass bird shows, reptile shows, cat shows, and
aquarium shows.
“As drafted, it could be interpreted that this bill would ban reptile shows, bird shows, fish shows, dog and
cat 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 poor
definition could also prohibit pet fairs such as the annual America’s Family Pet Expo in Orange County, Marine Aquarium Expo, and other pet industry trade shows, or other specialty shows that would not fall within the general perception of a swap meet or a flea market. The definition of “swap meet” under the Business and Professions Code
makes it clear that the term “swap meet” and “flea market” are interchangeable and applies to
both ‘outdoor’ and ‘indoor’ events whether or not the event is “inside a building or outside in the open.”
One of the sponsors for this bill, the
California Animal Association stated that the main reason was to go after dogs, cats and other furry friends that are usually traded/sold at these “swap meets”. Although that is a one reason, language is missing in the bill to protect the aquarium industry and the individual reef clubs that will be hurt if this bill becomes law. The full amended bill is shown below:
STATE OF CALIFORNIA
ASSEMBLY BILL No. 1122
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INTRODUCED BY Assembly Member Lieu
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AMENDED IN ASSEMBLY APRIL 23, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009
FEBRUARY 27, 2009
An act to add Section 597.4 to the Penal Code, relating to animals.
LEGISLATIVE COUNSEL’S DIGEST
AB 1122, as amended, Lieu. 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. Existing law also generally provides that a pet store shall not sell, offer for sale, trade, or
barter any dog or cat that is under 8 weeks of age, but may sell, offer for sale, trade, or barter a dog or cat over 8
weeks of age only if the animal is weaned.
This bill would provide, in addition and with specified exceptions, that it shall be a crime, punishable as
specified, for any person 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. The bill would provide that a notice describing the
charge and the penalty for a violation of this bill may be issued by a peace officer, animal control officer, or
humane officer. By creating a new crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 597.4 is added to the Penal Code, to read:
597.4. (a) It shall be unlawful for any person 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.
2
(b) (1) A person who violates this section for the first time shall be guilty of an infraction punishable by a fine
not to exceed two hundred fifty dollars ($250).
(2) A person who violates this section for the first time and by that violation either causes or permits any 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, shall be guilty of a misdemeanor.
(3) A person who violates this section for a second or subsequent time shall be guilty of a misdemeanor.
(c) A person who is guilty of a misdemeanor violation of this section shall be punishable by a fine not to exceed
one thousand dollars ($1,000) per violation; the court shall weigh the gravity of the violation in setting the fine.
(d) 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.
(e) This section shall not apply to the following:
(1) Events held by 4-H Clubs, Junior Farmers Clubs, or Future Farmers Clubs.
(2) California Exposition and State Fair or county fairs.
(3) 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 (7 U.S.C. Sec. 181 et seq.).
(4) 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 equine on consignment at any public equine sales
market.
(5) Live animal markets regulated under Section 597.3.
(6) 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.
(f) Nothing in this section shall be construed to in any way limit or affect the application or enforcement of any
other law that protects animals or the rights of consumers, including, but not limited to, the Lockyer-Polanco-Farr
Pet Protection Act contained in Article 2 (commencing with Section 122125) of Chapter 5 of Part 6 of Division 105
of the Health and Safety Code, or Sections 597 and 597l of this code.
(g) Nothing in this section limits or authorizes any act or omission that violates Section 597 or 597l of this code,
or any other local, state, or federal law. The procedures set forth in this section shall not apply to any civil violation
of any other local, state, or federal law that protects animals or the rights of consumers, or to a violation of Section
597 or 597l of this code, which is cited or prosecuted pursuant to one or both of those sections, or to a violation of
any other local, state, or federal law that is cited or prosecuted pursuant to that law.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local agency or school district will be incurred
because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a
crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the California Constitution.
