INTRODUCED JANUARY 28, 2003
BILL TEXT
INTRODUCED BY Assembly Member Corbett
An act to add Chapter 6 (commencing with Section 122320) to Part 6 of Division 105 of the Health and Safety Code, relating to birds.
http://democrats.assembly.ca.gov/members/a18/
Ellen M. Corbett Democrat 18th District (San Leandro)
Assemblymember.Corbett@assembly.ca.gov
Phone (916)319-2018 Fax (916)319-2118
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AB 202 Assembly Bill - INTRODUCED
BILL NUMBER: AB 202 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Corbett
JANUARY 28, 2003
An act to add Chapter 6 (commencing with Section 122320) to Part 6
of Division 105 of the Health and Safety Code, relating to birds.
LEGISLATIVE COUNSEL'S DIGEST
AB 202, as introduced, Corbett. Birds: sale.
Existing law contains several requirements applicable to pet
dealers of dogs and cats and provides that those provisions are not
applicable to publicly operated pounds and humane societies.
This bill would require a pet shop, as defined, to maintain
written records on the sale of each bird, as defined, and would
prohibit pet shops from possessing or selling an unweaned bird. This
bill would require those records to be available to humane officers,
animal control officers, and law enforcement officers for inspection
during normal business hours. This bill would provide that these
provisions do not apply to publicly operated pounds and humane
societies.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 6 (commencing with Section 122320) is added to
Part 6 of Division 105 of the Health and Safety Code, to read:
CHAPTER 6. SALE OF BIRDS
122320. As used in this chapter:
(a) "Bird" means any order of Psittaciformes bird.
(b) "Unweaned bird" means any bird that is unaccustomed to eating
enough food without human or animal assistance to sustain its own
weight for at least two weeks.
(c) (1) "Pet shop" means any place or premises where pet birds are
kept for the purpose of either wholesale or retail sale.
(2) Pet shop does not include any person, firm, partnership,
corporation, or other association that breeds or raises birds on the
premises of the person, firm, partnership, corporation, or other
association and is not required to possess a permit pursuant to
Section 6066 of the Revenue and Taxation Code.
122321. This chapter does not apply to publicly operated pounds
and humane societies.
122322. A pet shop may not be in possession of a bird or sell a
bird that is unweaned.
122323. A pet shop shall maintain a written record on the health,
status, disposition, and age at time of acquisition and at sale of
each bird for a period of not less than one year after disposition of
the bird. Those records shall be available to humane officers,
animal control officers, and law enforcement officers for inspection
during normal business hours.
122324. (a) Any person violating any provision of this chapter
shall be subject to a civil penalty of up to one thousand dollars
($1,000) per violation. The action may be prosecuted in the name of
the people of the State of California by the district attorney for
the county where the violation occurred in the appropriate court or
by the city attorney in the city where the violation occurred.
(b) Nothing in this chapter limits or authorizes any act or
omission that violates Section 597 of the Penal Code.