California's Dreadful AB 485 Masks And Exacerbates The Problem Of Puppymills

My friend Linda Kaim pointed me at an AKC complaint that California's AB 485 would cost people the "freedom to choose your own dog". As usual, it pays to be skeptical of anything from the AKC, and a quick read of the text of the bill shows that the circumstances behind it are anything but benign:

122354.5.  (a) A pet store operator shall not sell a live dog, cat, or rabbit in a pet store unless the dog, cat, or rabbit was obtained from a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group that is in a cooperative agreement with at least one private or public shelter pursuant to Section 31108, 31752, or 31753 of the Food and Agricultural Code.

(b) All sales of dogs and cats authorized by this section shall be in compliance with paragraph (1) of subdivision (a) of Section 30503 of, subdivision (b) of Section 30520 of, paragraph (1) of subdivision (a) of Section 31751.3 of, and subdivision (b) of Section 31760 of, the Food and Agricultural Code.

(c) Each pet store shall maintain records sufficient to document the source of each dog, cat, or rabbit the pet store sells or provides space for, for at least one year. Additionally, each pet store shall post, in a conspicuous location on the cage or enclosure of each animal, a sign listing the name of the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or nonprofit from which each dog, cat, or rabbit was obtained. Public animal control agencies or shelters may periodically require pet stores engaged in sales of dogs, cats, or rabbits to provide access to these records.

(d) A pet store operator who is subject to this section is exempt from the requirements set forth in Article 2 (commencing with Section 122125) of Chapter 5, except for the requirements set forth in Section 122135, paragraphs (3) and (4) of subdivision (a) of, and paragraphs (5) and (6) of subdivision (b) of, Section 122140, and Sections 122145 and 122155.

(e) A pet store operator who violates this section shall be subject to a civil penalty of five hundred dollars ($500). Each animal offered for sale in violation of this section shall constitute a separate violation.

(f) For purposes of this section, a “rescue group” is an organization that is tax exempt under Section 501(c)(3) of the Internal Revenue Code, and that does not obtain animals from breeders or brokers for compensation.

 As we've already seen, there's a lot of ways to hide revenue in 990s, including as executive salaries and other compensation. The way this bill is written would appear to permit puppy mills to rebrand themselves as "rescues" (or to create new intermediary "rescues") who would launder the dogs, shifting the actual profit center. Because of the perverse way USDA APHIS rules regulate commercial dog breeders, ironically it would be small-scale breeders (PDF) who would be most affected by the new language:

Q. Under the final rule, what is the new definition of a retail pet store?

A. In the final rule, “retail pet store” means a place of business or residence at which the seller, buyer, and the animal available for sale are physically present so that every buyer may personally observe the animal prior to purchasing and/or taking custody of it after purchase. [Emboldening in the passage above is mine. - RM] By personally observing the animal, the buyer is exercising public oversight over the animal and in this way is helping to ensure its health and humane treatment. Retailers who sell their pet animals to customers in face- to-face transactions do not have to obtain an AWA license because their animals are subject to such public oversight. Under the AWA regulations, a “retail pet store” is also a place where only the following animals are sold or offered for sale as pets: dogs, cats, rabbits, guinea pigs, hamsters, gerbils, rats, mice, gophers, chinchillas, domestic ferrets, domestic farm animals, birds, and coldblooded species.

Essentially, this eliminates small-scale breeders from selling in California, because their puppies are not from a "rescue", and because they meet the APHIS definition of "retail pet store". That this is approximately insane is par for the course; it is, after all, California.