March 12, 2001

CALIFORNIA In our 2/6 Update, we announced the introduction of AB 161 that would amend the dog breeder definition for warranty purposes to mean "a person, firm, partnership, corporation, or other association that has sold, transferred, or given away two or more litters during the preceding calendar year that were bred and reared on the premises of the person, firm, partnership, corporation, or other association" by Assemblymember Ken Maddux, a Republican from the 68th Assembly District (Garden Grove, Anaheim, Westminster, Buena Park, Stanton, and portions of La Palma, Fountain Valley, and Santa Ana.)

After 2 year hiatus from attempts to amend the definition of "dog breeder" subject to the existing consumer protection law (Polanco-Lockyer Pet Breeder Warranty Act) -- many of our readers will recall the notorious "Rosenthal" bills - SB 621 in 1997 and SB 2102 in 1998 --this bill is another effort to subject those who breed more than one litter a year on their premises to the complex requirements of Polanco-Lockyer, currently applicable only to those who sold 50 or more dogs, bred on the premises, in the preceding calendar year. After a bitter and heated fight that drew national focus, the final bill in 1998, SB 2102, was defeated. Now, a less ambitious appearing but more far reaching effort is back. In short, anyone who sells more than one litter a year would then be subject to the complex, ill-drafted provisions of California Health and Safety Code 122045 through 122110. For your convenience, we are emailing you separately a copy of this Statute.

AB 161 is set for hearing before the Assembly Business and Professions Committee on Tuesday, March 20, 900 a.m., Room 447, State Capitol. If you can attend the hearing, please contact us.

The bill analysis is being prepared by Committee Consultant, Mr. Chris Gallardo, who is new to a new committee and has no background on the long history of efforts to expand the number of breeders subject to this law and as of today, had received ONLY SUPPORT for AB 161. If this bill is successful, it will open the door to additional regulation of dog breeding and potentially cat breeding, as well.

To request listing on the Opposition on the bill analysis, you must contact Mr. Gallardo immediately, no later than Wednesday (maybe early Thursday.) You'll remember from prior years, it is important for us to have listed opposition, particularly organizations. Send a copy of your letter to author Maddux.

Chris Gallardo, Consultant Assembly Business and Professions Committee State Capitol, Room 6025 Sacramento CA 95814

FAX (916) 319-2169 Email

Contact information for Assemblymember Ken Maddux is State Capitol - Room 4102 Sacramento, CA 95814 (916) 319-2068 fax (916) 319-2168

The some basic points on this bill are:

• Dog breeding in California is not a business but an expensive hobby where there is no way to control risks of loss or costs to the breeder.
• Thresholds based on litter numbers discriminate against breeders of breeds that produce small litters typically small dogs for which there is the greatest public demand and highest likelihood that excess public demand will be filled by out of state commercial breeders.
• Scientific knowledge about canine health is inexact and evolving, particularly through support of active breeders.
• A substantial proportion of sales are not consumer transactions but complex contracts that transfer less than full title and include future obligations of one or more parties.