|
Bill AB 161 - Dog Breeders |
AB161 amends the Polanco-Lockyer Pet Breeders Warranty Act.
AB 161, introduced by Assembly Member Maddox, would amend Sections 122045 and 122065 of the Health and Safety Code and add Section 122065.5 to, the Health and Safety Code.
The amended and added sections are part of the Polanco-Lockyer Pet Breeders Warranty Act which regulates dog breeders by setting forth requirements for written disclosures from breeder to purchaser, providing consumer remedies for purchasers of dogs that are either ill at the time of purchase or develop congenital defects within a year of purchase (Puppy Lemon Law) and regulating the care and housing of dogs.
The bill would change the definition of breeder (Section 122045) for the purposes of these sections from a producer of "50 or more dogs" to "two or more litters" during the preceding calendar year.
The bill would prohibiting the housing of dogs on wire flooring (added section 122065.5)
In keeping with the added section, the bill would alter Section 122065 which previously allowed dogs to be housed on wire flooring if a rest board or mat was provided.
The bill would change the definition of "socialization" in the requirement to "provide adequate socialization and exercise" from contact with other dogs or humans to contact with other dogs and humans.
The bill makes modifications to the existing Pet Breeders Warranty Act which is a consumer protection act. Dogs are regarded as products to be warranted or to be replaced if they fail to meet the warranted conditions. A dog's value is regarded as a function of its purchase price. Expanding this act further emphasizes and entrenches the status of animals as property to be bought and sold.
Puppy buyers may be encouraged by these extended regulations to think that large and small breeders have been given the governmental stamp of approval.
The change from fifty or more dogs to two litters in the definition of breeder changes the population that the regulations will potentially apply to. At "fifty or more" it seemed targeted at fairly large scale commercial breeders/kennels. It will now reach some, though not all, of the show/hobby breeder community as well as pet owners/backyard breeders and smaller scale commercial breeders who are breeding under fifty dogs a year. This expanded definition of breeder will result in holding more people accountable for the health of the puppies they breed.
The change in definition may also result in more dog purchases being covered by the regulations. Previously a golden retriever puppy purchased from a "50+" kennel would be covered while a golden retriever puppy purchased from an ad in the newspaper might not. The change may make coverage more uniform, though not complete.
The regulations provide penalties for selling dogs that are ill and dogs that develop foreseeable congenital defects within a year of purchase. They may encourage breeders to maintain the health of their puppies and to follow best-practices for avoiding inherited diseases. They may on the other hand encourage the euthanization of less-than-robust puppies.
Breeders who occasionally breed two litters may intentionally breed fewer litters or less often to avoid being subject to regulation.
Some variation in coverage will still exist among small scale breeders. For example, Show/hobby breeders are not primarily commercial and do not try to breed a consistent number of litters each year. It is common for a breeder to breed one, two or no litters in any given year. A hypothetical breeder might breed the following litters:
Year 1: Litter A Year 2: no litter Year 3: Litter B, Litter C Year 4: no litter Year 5: Litter D, Litter E Year 6: Litter F Year 7: no litterOnly the puppies from Litter F would be covered by these regulations. This patchwork coverage may be confusing to both breeders and puppy buyers.
AKC, the major purebred registry, has consistently reported that the majority of the dogs it registers are bred by first time breeders who never breed another litter. If true, the majority of consumers in California purchasing AKC registered puppies will not be covered by these regulations.
Wire flooring can be uncomfortable, cause injury or permanently disable a dog housed on it. The prohibition may result in more comfortable flooring for dogs housed in cages.
On the other hand, there is reason wire flooring is used -- urine and feces fall through the gaps in the wire instead of remaining on the floor of the cage. Clean-up is easier and the cages are more sanitary. If breeders who use cages switch to solid flooring, dogs will have to sit in an unclean cage. However, under the existing regulations breeders are still required to maintain facilities where dogs are kept in a sanitary condition.
There may be better developments in flooring such as tubular metal that has gaps but does not cut into feet. Large scale breeders with many cages may not want to expend the money to replace them and may just put solid surfaces over the wire, trading cleanliness for comfort.
Since the regulation merely calls for "adequate socialization" this seems too vague to be significant. Any contact with the breeder will likely count as human socialization. Contact with other littermates will likely count as dog socialization.
Better socialized dogs may be less likely to end up unwanted in shelters or to injure humans or other dogs.
The change from "or" to "and" might possibly give breeders who have bred vicious dogs (whether intentionally or unintentionally) an out -- "well, I followed the law and I socialized my dog to both humans and other dogs so I shouldn't shoulder any responsibility if they attack someone".
Official text, history, and status from the California Legislature
Last updated 10 February 2001