Health and Safety Code — Part 23 | HSC — United States — California law | Esheria

Health and Safety Code

Part 23 of 87 · provisions 4,401–4,600

This section says the act is to be known as the Health and Safety Code.

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About this statute

The Legislature states findings supporting a unified, single-payer-style health care financing system for all Californians. The State Department of Health Services is renamed the State Department of Health Care Services, and its retained functions continue with the renamed department. The Director of Health Care Services is appointed by the Governor with Senate confirmation, the director receives a salary set by law, and the Governor may appoint up to two chief deputies on the director’s recommendation. The director has the powers of a department head under the cited Government Code chapter. The Department of Health Services has a Division of Rural Health, and that division must administer specified chapters and sections.

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Provisions of Health and Safety Code

Showing 200 of 17,333

  1. 121395.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

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    If a confined person dies and money or property remains with the Director of Corrections, those funds may be used for burial expenses up to $300; if no funds are available, the department must reimburse the Director up to $300.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121395. Whenever any person confined in any state institution, as provided in Section 120280, subject to the jurisdiction of the Director of Corrections, dies, and any personal funds or personal property of the person remains in the hands of the Director of Corrections, those funds may be applied in an amount not exceeding three hundred dollars ($300) to the payment of expenses relating to burial; provided, however, that if no such funds are available, the department shall reimburse the Director of Corrections for the expenses in an amount not exceeding three hundred dollars ($300). (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  2. 1214.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2. Administration [1212 - 1220.2] ( Article 2 added by Stats. 1978, Ch. 1147. )

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    Applications for certain clinic licenses and permits must include a Licensing and Certification Program fee.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2. Administration [1212 - 1220.2] ( Article 2 added by Stats. 1978, Ch. 1147. ) ## 1214. Each application under this chapter for an initial license, renewal license, license upon change of ownership, or special permit shall be accompanied by a Licensing and Certification Program fee, as follows: (a) For all primary care clinics licensed pursuant to this chapter, the fee shall be set in accordance with Section 1266. (b) For all specialty clinics licensed pursuant to this chapter, the fee shall be set in accordance with Section 1266. (c) For all rehabilitation clinics, the fee shall be set in accordance with Section 1266. (Amended by Stats. 2024, Ch. 40, Sec. 7. (SB 159) Effective June 29, 2024.)
  3. 1214.1.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2. Administration [1212 - 1220.2] ( Article 2 added by Stats. 1978, Ch. 1147. )

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    Applications for specified clinic licenses and permits must be accompanied by a Licensing and Certification Program fee set under Section 1266.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2. Administration [1212 - 1220.2] ( Article 2 added by Stats. 1978, Ch. 1147. ) ## 1214.1. Notwithstanding the provisions of Section 1214, each application for a surgical clinic or a chronic dialysis clinic under this chapter for an initial license, renewal license, license upon change of ownership, or special permit shall be accompanied by a Licensing and Certification Program fee set in accordance with Section 1266. (Amended by Stats. 2024, Ch. 40, Sec. 8. (SB 159) Effective June 29, 2024.)
  4. 1214.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2. Administration [1212 - 1220.2] ( Article 2 added by Stats. 1978, Ch. 1147. )

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    Applications for certain psychology clinic licenses or permits must include a Licensing and Certification Program fee.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2. Administration [1212 - 1220.2] ( Article 2 added by Stats. 1978, Ch. 1147. ) ## 1214.5. Each application under this chapter for an initial license, renewal license, license upon change of ownership, or special permit for a psychology clinic shall be accompanied by a Licensing and Certification Program fee set in accordance with Section 1266. (Amended by Stats. 2006, Ch. 74, Sec. 4. Effective July 12, 2006.)
  5. 121400.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

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    When a person confined under Section 120280 is released from another county, the sheriff of the county of conviction must take custody, return the person to the conviction county, and notify the local health officer before the return.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121400. If the place of confinement of a person confined under the provisions of Section 120280 is in a county other than the county where he or she was convicted, upon release he or she shall be released in the custody of the sheriff of the county where he or she was convicted, and the sheriff shall forthwith return him or her to the place where he or she was convicted without the necessity of a court order or other process. The sheriff shall prior to the return of the person notify the health officer having jurisdiction of the area to which he or she will be returned of the date he or she will reach that area. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  6. 121450.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

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    The department may give tuberculosis-control funding to local health departments, including quarterly subventions and extra funds for selected departments, and the services may not depend on residence status.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121450. The department may distribute for the purpose of tuberculosis control an annual subvention, paid quarterly, to any local health department that maintains a tuberculosis control program consistent with standards and procedures established by the department. This annual subvention shall be used primarily for the strengthening of tuberculosis prevention activities by local health departments. Further, the department may allocate additional funds to selected local health departments based on high disease incidence, or other standards established by the department. These additional funds shall be expended primarily for the cost of diagnosis, treatment, and followup services required for an effective tuberculosis control program. Services rendered under this section may not be made dependent on status of residence. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  7. 121451.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

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    A local entity receiving state funding for this tuberculosis program must use those funds first for the listed tuberculosis-related activities before spending them on any other program purposes.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121451. A local entity that receives funding from the state for the purposes of this part, including, but not limited to, funding from the state for tuberculosis control pursuant to Item 4265-111-0001 of Section 2.00 of the annual Budget Act, shall first allocate the moneys received for the following purposes and activities before allocating the moneys for any other purposes or activities described in this part: (a) Either of the following activities if those activities are carried out by a local detention facility: (1) When a person who has active tuberculosis or is reasonably believed to have active tuberculosis is discharged or released from a detention facility, doing both of the following: (A) Drafting and submitting notification to the local health officer. (B) Submitting the written treatment plan that includes the information required by Section 121362 to the local health officer. This activity does not include drafting the written treatment plan. (2) When a person who has active tuberculosis or is reasonably believed to have active tuberculosis is transferred to a local detention facility in another jurisdiction, doing both of the following: (A) Drafting and submitting notification to the local health officer and the medical officer of the local detention facility receiving the person. (B) Submitting the written treatment plan that includes the information required by Section 121362 to the local health officer and the medical officer of the local detention facility receiving the person. This activity does not include drafting the written treatment plan. (b) Either of the following activities if those activities are carried out by a local health officer or his or her designee: (1) Receiving and reviewing for approval within 24 hours of receipt only those treatment plans submitted by a health facility. This activity includes all of the following: (A) Receiving the health facility’s treatment plan. (B) Sending a request to a health facility for medical records and information on tuberculosis medications, dosages, and diagnostic workup and reviewing records and information. (C) Coordinating with the health facility on any adjustments to the treatment plan. (D) Sending approval to the health facility. (2) Drafting and sending a notice to the medical officer of a parole region, or a physician or surgeon designated by the Department of Corrections and Rehabilitation, if there are reasonable grounds to believe that a parolee has active tuberculosis and ceases treatment for the disease. (c) For cities, counties, and cities and counties to provide counsel to nonindigent tuberculosis patients who are subject to a civil order of detention issued by a local health officer pursuant to Section 121365 upon request of the patient. Services provided by counsel include representation of the tuberculosis patient at any court review of the order of detention required by Section 121366. (Added by Stats. 2014, Ch. 31, Sec. 14. (SB 857) Effective June 20, 2014.)
  8. 121452.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

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    A local health department or local health officer receiving state tuberculosis-control funding may use those funds to reimburse actual costs of the activities in Section 121451.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121452. A local health department or local health officer that receives funding from the state for tuberculosis control pursuant to Item 4265-111-0001 of Section 2.00 of the annual Budget Act for purposes of this part may use those funds to reimburse the actual costs of carrying out the activities described in Section 121451. (Added by Stats. 2014, Ch. 31, Sec. 15. (SB 857) Effective June 20, 2014.)
  9. 121455.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

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    The department may set standards and procedures for local tuberculosis control programs, including recordkeeping and semiannual reporting to the department.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121455. The department may establish standards and procedures for the operation of local tuberculosis control programs. Such standards shall include, but not be limited to, the maintenance of records and reports relative to services rendered and to expenditures made that shall be reported semiannually to the department in a manner as it may specify. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  10. 121460.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

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    The department may use up to 7.5% of the tuberculosis control appropriation for administrative costs and may also withhold funds or contract with physicians for related services.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121460. Of the annual appropriation made to the department for tuberculosis control, the department may expend a sum not to exceed 7.5 percent of the total, for administrative costs. In addition, it may, if it deems necessary, withhold a portion of the appropriation to pay for the cost of regional laboratory services and regional hospitalization facilities for patients whose care cannot be reasonably accomplished in facilities available within a local health department, or it may contract with physicians to supervise the medical care of tuberculosis patients in areas where the specialized care is not available. Further, the appropriation shall be available to purchase materials or drugs used in tuberculosis control for distribution to local health departments. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  11. 121475.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Tuberculosis Tests for Pupils [121475 - 121520] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

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    This section says the Legislature wants tuberculosis testing rules to help eliminate tuberculosis, allow required persons to choose their testing source if they follow department regulations, and provide exemptions for personal beliefs.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Tuberculosis Tests for Pupils [121475 - 121520] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121475. In enacting this chapter, it is the intent of the Legislature to provide: (a) A means for the eventual elimination of tuberculosis. (b) Persons required to be tested for tuberculosis under this chapter may obtain testing from whatever medical source they desire, subject only to the condition that the testing be performed in accordance with the regulations of the department and that a record of the testing is made in accordance with the regulations. (c) Exemptions from tuberculosis tests because of personal beliefs. (d) For the keeping of adequate records of tuberculosis tests so that health departments, schools, and other institutions, parents or guardians, and the persons tested will be able to ascertain that a child is free from active tuberculosis, and so that appropriate public agencies will be able to ascertain the testing needs of groups of children in schools or other institutions. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  12. 121480.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Tuberculosis Tests for Pupils [121475 - 121520] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

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    This section defines key terms used in the chapter.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Tuberculosis Tests for Pupils [121475 - 121520] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121480. As used in this chapter, the following terms shall have the following meanings: (a) “Governing authority” means the governing board of each school district or the authority of each other private or public institution responsible for the operation and control of the institution or the principal or administrator of each school or institution. (b) “Certificate” means a document signed by the examining physician and surgeon who is licensed under Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, or a notice from a public health agency, a unit of the American Lung Association, or any other private or public source, any of which indicates examination for, and freedom from, active tuberculosis. (c) “Department” means State Department of Health Services. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  13. 121485.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Tuberculosis Tests for Pupils [121475 - 121520] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

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    A local health officer may order tuberculosis examinations for certain first-time school entrants suspected of having tuberculosis, and schools must not admit a covered person unless a required certificate is provided before first admission.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Tuberculosis Tests for Pupils [121475 - 121520] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121485. (a) If the local health officer determines that persons seeking first admission to any private or public elementary or secondary school or institution are reasonably suspected of having tuberculosis and further determines that the examination of the persons for tuberculosis is necessary for the preservation and protection of the public health, he or she may issue an order requiring the persons to undergo a tuberculosis examination. (b) If an order has been issued pursuant to subdivision (a), the governing authority shall not unconditionally admit any person subject to the order as a pupil of any private or public elementary or secondary school, or institution, unless prior to his or her first admission to that institution, he or she provides evidence to the institution of a certificate showing that he or she is free of communicable tuberculosis. (c) Thereafter, any such pupil may be required to undergo the tuberculosis examinations and provide another certificate showing that he or she is free of communicable tuberculosis, if the local health officer orders the examination. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  14. 121490.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Tuberculosis Tests for Pupils [121475 - 121520] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

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    The tuberculosis examination must use an approved skin test or another CDC-recommended, FDA-licensed test; if the test is positive, it is followed by a lung X-ray.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Tuberculosis Tests for Pupils [121475 - 121520] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121490. The examination shall consist of either an approved intradermal tuberculin skin test or any other test for tuberculosis infection that has been recommended by the federal Centers for Disease Control and Prevention and licensed by the federal Food and Drug Administration, that, if positive, is followed by an X-ray of the lungs. (Amended by Stats. 2007, Ch. 24, Sec. 5. Effective January 1, 2008.)
  15. 121495.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Tuberculosis Tests for Pupils [121475 - 121520] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

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    A person without the required tuberculosis certificate may be admitted conditionally, but must provide the certificate within the time set by department regulations. If the person does not do so, the governing authority must bar further attendance unless an exemption applies.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Tuberculosis Tests for Pupils [121475 - 121520] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121495. (a) A person subject to an order made pursuant to subdivision (a) of Section 121485 who does not have on file the certificate required by this chapter may be admitted by the governing authority on condition that within time periods designated by regulations of the department, he or she will provide the certificate. (b) The governing authority shall prohibit from further attendance any person admitted conditionally who fails to obtain and provide the required certificate within the time limits allowed in the regulations of the department, unless the person is exempted under Section 121505, until the person has provided the certificate to the governing authority. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  16. 1215.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2. Administration [1212 - 1220.2] ( Article 2 added by Stats. 1978, Ch. 1147. )

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    Clinic licenses expire 12 months after issuance, special permits expire with the underlying license, and the state department must send a renewal fee invoice at least 45 days before expiration.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2. Administration [1212 - 1220.2] ( Article 2 added by Stats. 1978, Ch. 1147. ) ## 1215. Each new license issued pursuant to this chapter shall expire 12 months from the date of its issuance, and each special permit shall expire on the expiration date of the underlying license. The state department shall transmit to the licensee a renewal fee invoice at least 45 days prior to the expiration date of the license. Failure by the clinic licensee to make timely payment of the renewal fee shall result in the expiration of the license and special permit, if any. A renewal license or special permit may be issued for a period not to exceed two years if the holder of the license or special permit has not been found to be in violation of any statutory requirements, regulations, or standards during the preceding license period. In all other cases, the renewal license or special permit shall be issued for a period not to exceed one year. Timely application for renewal, accompanied by the necessary fee, shall be deemed equivalent to renewal of a license or special permit, where the department is unable to issue a renewal license or special permit on or before the expiration date. (Repealed and added by Stats. 1978, Ch. 1147.)
  17. 12150.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 6. Storage [12150 - 12151] ( Chapter 6 added by Stats. 1967, Ch. 1497. )

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    Explosives must be kept in approved containers, except when kept only at an explosive manufacturing plant, and no one may leave explosive grains or particles outside the containers.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 6. Storage [12150 - 12151] ( Chapter 6 added by Stats. 1967, Ch. 1497. ) ## 12150. Except for explosives kept only at an explosive manufacturing plant, no person shall possess, keep, or store any explosive which is not completely encased in a tight metal, wooden, or fiber container, or a container approved by the Interstate Commerce Commission. No person having any explosives in his possession or control shall under any circumstances permit or allow any grains or particles of such explosives to be or remain on the outside of, or about, the containers in which such explosives are kept. (Repealed and added by Stats. 1967, Ch. 1497.)
  18. 12150.5.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 6. Storage [12150 - 12151] ( Chapter 6 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    People who have blasting caps must keep them locked in an approved magazine, unless the caps are being taken out for actual use, transportation, or sale.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 6. Storage [12150 - 12151] ( Chapter 6 added by Stats. 1967, Ch. 1497. ) ## 12150.5. Every person having any blasting caps (electric or nonelectric) in his possession or control shall keep the same securely deposited in a locked approved magazine, except when taken therefrom for actual use, transportation, or sale. (Amended by Stats. 1969, Ch. 568.)
  19. 121500.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Tuberculosis Tests for Pupils [121475 - 121520] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The chapter’s required examinations may be administered by any private or public source.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Tuberculosis Tests for Pupils [121475 - 121520] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121500. The examinations required by this chapter may be administered by any private or public source desired. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  20. 121505.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Tuberculosis Tests for Pupils [121475 - 121520] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    A certificate is not required for certain pupils if a qualifying affidavit is given, and a person may be excluded from school or another listed institution if there is probable cause to believe they have active tuberculosis.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Tuberculosis Tests for Pupils [121475 - 121520] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121505. The certificate shall not be required for a person who is subject to an order made pursuant to subdivision (a) of Section 121485, if the parent, guardian, or other adult who has assumed responsibility for his or her care and custody in case of a minor, or the person seeking admission, if an emancipated minor, provides to the governing authority an affidavit stating that the examination required to obtain the certificate is contrary to his or her beliefs. If at any time there should be probable cause to believe that the person is afflicted with active tuberculosis, he or she may be excluded from the school or other institution listed in Section 121485 until the governing board is satisfied that he or she is not so afflicted. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  21. 12151.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 6. Storage [12150 - 12151] ( Chapter 6 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    Explosives must be kept or stored under State Fire Marshal rules, except during common-carrier custody or transport before delivery.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 6. Storage [12150 - 12151] ( Chapter 6 added by Stats. 1967, Ch. 1497. ) ## 12151. Except while in the custody of a common carrier or in course of transportation pending delivery to a consignee, all explosives shall be kept or stored as specified in the rules or regulations adopted by the State Fire Marshal pursuant to this part. (Repealed and added by Stats. 1967, Ch. 1497.)
  22. 121510.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Tuberculosis Tests for Pupils [121475 - 121520] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Anyone or any organization that administers tuberculosis examinations must give the examined person, or the person’s parent or guardian as appropriate, a certificate of the examination results in the form prescribed by the department.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Tuberculosis Tests for Pupils [121475 - 121520] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121510. Any person or organization administering tuberculosis examinations shall furnish each person examined, or his or her parent or guardian, as appropriate, with a certificate of the examination results given in a form prescribed by the department. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  23. 121515.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Tuberculosis Tests for Pupils [121475 - 121520] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The governing authority must cooperate with the local health officer on tuberculosis examination programs for first-time admission applicants, and school district governing boards may use district resources for that purpose.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Tuberculosis Tests for Pupils [121475 - 121520] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121515. The governing authority shall cooperate with the local health officer in carrying out any programs ordered by the local health officer for the tuberculosis examinations of persons applying for first admission to any school or institution under its jurisdiction. The governing board of any school district may use funds, property, and personnel of the district for that purpose. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  24. 121520.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Tuberculosis Tests for Pupils [121475 - 121520] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The department must adopt and enforce rules and regulations needed to carry out this chapter, after consulting the State Department of Education.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Tuberculosis Tests for Pupils [121475 - 121520] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121520. The department, in consultation with the State Department of Education, shall adopt and enforce all rules and regulations necessary to carry out this chapter. (Amended by Stats. 2006, Ch. 538, Sec. 444. Effective January 1, 2007.)
  25. 121525.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Tuberculosis Tests for Employees [121525 - 121555] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    School employees and certain pupil transporters must provide tuberculosis clearance certificates, and periodic re-screening and referrals are required in some cases.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Tuberculosis Tests for Employees [121525 - 121555] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121525. (a) Except as provided in Section 121555, a person shall not be initially employed, or employed under contract, by a private or parochial elementary or secondary school, or any nursery school, unless that person produces or has on file with the school a certificate showing that within the last 60 days the person has submitted to a tuberculosis risk assessment and, if tuberculosis risk factors are identified, has been examined and has been found to be free of infectious tuberculosis. If no risk factors are identified, an examination is not required. A person who is subject to the requirements of this subdivision may submit to an examination that complies with the requirements of Section 121530 instead of submitting to a tuberculosis risk assessment. (b) Thereafter, an employee who has no identified risk factors or who tests negative for the tuberculosis infection by either the tuberculin skin test or any other test for tuberculosis recommended by the federal Centers for Disease Control and Prevention (CDC) and licensed by the federal Food and Drug Administration (FDA), shall be required to undergo the foregoing tuberculosis risk assessment and, if risk factors are identified, the examination, at least once each four years, or more often if directed by the governing authority of the school upon recommendation of the local health officer. Once an employee has a documented positive test for the tuberculosis infection conducted pursuant to this subdivision, the tuberculosis risk assessment is no longer required. A referral shall be made within 30 days of completion of the examination to the local health officer to determine the need for followup care. (c) At the discretion of the governing authority of a private school, this section shall not apply to employees who are employed for any period of time less than a school year whose functions do not require frequent or prolonged contact with pupils. (d) The governing authority of a private school providing for the transportation of pupils under authorized contract shall require as a condition of the contract that every person transporting pupils produce a certificate showing that within the last 60 days the person has submitted to a tuberculosis risk assessment, and, if tuberculosis risk factors are identified, has been examined and has been found to be free of infectious tuberculosis. At the discretion of the governing authority of the school, this section shall not apply to a private contracted driver who transports pupils infrequently and without prolonged contact with the pupils. (e) The examination attested to in the certificate required pursuant to subdivision (d) shall be made available without charge by the local health officer. (f) “Certificate,” as used in this chapter, means a document signed by the examining physician and surgeon who is licensed under Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, or a notice from a public health agency that indicates freedom from infectious tuberculosis. (g) Nothing in this section shall prevent the governing authority of a private, parochial, or nursery school, upon recommendation of the local health officer, from establishing a rule requiring a more extensive or more frequent examination than required by this section. (h) The State Department of Public Health, in consultation with the California Tuberculosis Controllers Association, shall develop a risk assessment questionnaire, to be used to conduct tuberculosis risk assessments pursuant to this section. The risk assessment questionnaire shall be administered by a health care provider, which shall be specified on the questionnaire. This risk assessment questionnaire shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (Amended by Stats. 2014, Ch. 329, Sec. 2. (AB 1667) Effective January 1, 2015.)
  26. 121530.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Tuberculosis Tests for Employees [121525 - 121555] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    An employee tuberculosis examination must use either an approved intradermal tuberculin test or another CDC-recommended, FDA-licensed test; if the test is positive, a lung X-ray must follow.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Tuberculosis Tests for Employees [121525 - 121555] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121530. The examination shall consist of either an approved intradermal tuberculin test or any other test for tuberculosis infection that has been recommended by the CDC and licensed by the FDA, that, if positive, shall be followed by an X-ray of the lungs. (Amended by Stats. 2008, Ch. 179, Sec. 157. Effective January 1, 2009.)
  27. 121535.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Tuberculosis Tests for Employees [121525 - 121555] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    A competent, qualified X-ray technician may take the X-ray if a licensed physician and surgeon later interprets it.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Tuberculosis Tests for Employees [121525 - 121555] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121535. The X-ray may be taken by a competent and qualified X-ray technician if the X-ray is subsequently interpreted by a licensed physician and surgeon. (Amended by Stats. 2014, Ch. 329, Sec. 3. (AB 1667) Effective January 1, 2015.)
  28. 121540.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Tuberculosis Tests for Employees [121525 - 121555] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    A school must keep an up-to-date certificate file for each person covered by this chapter, and the county health officer must make sure the chapter is followed.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Tuberculosis Tests for Employees [121525 - 121555] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121540. The school shall maintain a file containing an up-to-date certificate for each person covered by this chapter. It shall be the duty of the county health officer of each county to insure that the provisions of this chapter are complied with. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  29. 121545.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Tuberculosis Tests for Employees [121525 - 121555] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    School volunteers generally must keep a certificate on file showing tuberculosis screening, and some volunteers may use an examination under Section 121530 instead of a risk assessment.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Tuberculosis Tests for Employees [121525 - 121555] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121545. (a) A volunteer in a school subject to this chapter shall also be required to have on file with the school a certificate showing that, upon initial volunteer assignment, the person submitted to a tuberculosis risk assessment, and, if tuberculosis risk factors were identified, the person was examined and found to be free of infectious tuberculosis. If no risk factors are identified, an examination is not required. A person who is subject to the requirements of this subdivision may take an examination that complies with the requirements of Section 121530 instead of submitting to a tuberculosis risk assessment. (b) At the discretion of the governing authority of a school subject to this chapter this section shall not apply to a volunteer whose functions do not require frequent or prolonged contact with pupils. (Amended by Stats. 2014, Ch. 329, Sec. 4. (AB 1667) Effective January 1, 2015.)
  30. 121550.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Tuberculosis Tests for Employees [121525 - 121555] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The school may require more extensive or more frequent examinations.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Tuberculosis Tests for Employees [121525 - 121555] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121550. Nothing in this chapter shall prevent the school from requiring more extensive or more frequent examinations. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  31. 121555.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Tuberculosis Tests for Employees [121525 - 121555] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Certain transferring school employees are treated as meeting the tuberculosis-test requirement if they can show a qualifying certificate or the prior school verifies one is on file.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Tuberculosis Tests for Employees [121525 - 121555] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121555. (a) A person who transfers his or her employment from one of the schools specified in subdivision (a) of Section 121525 to another shall be deemed to meet the requirements of subdivision (a) of Section 121525 if the person can produce a certificate that shows that he or she was found to be free of infectious tuberculosis within 60 days of initial hire, or the school previously employing the person verifies that the school has a certificate on file showing that the person is free from infectious tuberculosis. (b) A person who transfers his or her employment from a public elementary school or secondary school to any of the schools specified in subdivision (a) of Section 121525 shall be deemed to meet the requirements of subdivision (a) of Section 121525 if that person can produce a certificate as provided for in subdivision (c) of Section 49406 of the Education Code that shows that he or she was found to be free of infectious tuberculosis within 60 days of initial hire, or if the school district previously employing the person verifies that the school district has a certificate on file showing that the person is free from infectious tuberculosis. (Amended by Stats. 2014, Ch. 329, Sec. 5. (AB 1667) Effective January 1, 2015.)
  32. 121560.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Tuberculosis Tests for Adults in Primary Care Settings [121560- 121560.] ( Chapter 4 added by Stats. 2024, Ch. 951, Sec. 2. )

    Verify source ↗

    Adults 18 or older in primary care settings must be offered tuberculosis screening, with some exceptions.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Tuberculosis Tests for Adults in Primary Care Settings [121560- 121560.] ( Chapter 4 added by Stats. 2024, Ch. 951, Sec. 2. ) ## 121560. (a) A patient who is 18 years of age or older and who receives health care services in a facility, clinic, center, office, or other setting, where primary care services are provided, shall be offered a tuberculosis screening, including, but not limited to, assessment for tuberculosis risk and appropriate followup, if tuberculosis risk factors are identified, to the extent these services are covered under the patient’s health care coverage, based on the latest screening indications recommended by the State Department of Public Health, the federal Centers for Disease Control and Prevention, the American Thoracic Society, or the United States Preventive Services Task Force. (b) Subdivision (a) does not apply if any of the following situations exist, unless a health care provider determines that the tuberculosis risk assessment, tuberculosis screening test, or both, should be offered again: (1) The patient is being treated for a life-threatening emergency. (2) The patient has previously been the subject of the tuberculosis risk assessment, tuberculosis screening test, or both, and has no new tuberculosis risk factors since the last tuberculosis risk assessment or tuberculosis screening test. (3) (A) The patient has had a documented, previously positive Interferon-Gamma Release Assay (IGRA) test or has previously tested positive by any other test, licensed by the United States Food and Drug Administration, for a latent tuberculosis infection. (B) If the patient has no documented followup health care, followup is required in accordance with subdivision (c). (4) The patient lacks the capacity to consent to the tuberculosis risk assessment, tuberculosis screening test, or both, and consent cannot be obtained from a person legally authorized to make medical decisions on the patient’s behalf. (c) If a patient accepts the offer of the tuberculosis screening test and the test is positive, a health care provider shall offer the patient followup health care or refer the patient to a health care provider who can provide followup health care. (d) This section does not apply to the emergency department of a general acute care hospital as defined in subdivision (a) of Section 1250. (e) This section shall not affect the scope of practice of any health care provider or diminish any authority or legal or professional obligation of any health care provider to offer a tuberculosis risk assessment, tuberculosis screening test, or both, or to provide services or care for the patient of a tuberculosis risk assessment, tuberculosis screening test, or both. (f) A health care provider that fails to comply with the requirements of this section shall not be subject to any disciplinary actions related to their licensure or certification, or to any civil or criminal liability, because of the health care provider’s failure to comply with the requirements of this section. (Added by Stats. 2024, Ch. 951, Sec. 2. (AB 2132) Effective January 1, 2025.)
  33. 121575.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    In this chapter, “rabies” includes rabies and any other animal disease dangerous to humans that the department declares to be covered by the chapter.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121575. “Rabies,” as used in this chapter, includes rabies, and any other animal disease dangerous to human beings that may be declared by the department as coming under this chapter. (Amended by Stats. 1996, Ch. 1023, Sec. 351.5. Effective September 29, 1996.)
  34. 121580.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This section defines “quarantine” for this chapter as strict confinement of specified animals on the owner’s private premises under leash, closed cage, or paddock restraint.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121580. “Quarantine,” as used in this chapter, means the strict confinement, upon the private premises of the owner, under restraint by leash, closed cage, or paddock, of all animals specified in the order of the department. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  35. 121585.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The director can determine and declare rabies areas, which must be at least a county and within a region of two or more counties. Rabies-area status ends after one year unless it is re-declared in time, or ends immediately if the director declares the area is no longer a rabies area.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121585. “Rabies area” shall mean any area not less than a county as determined by the director within a region where the existence of rabies constitutes a public health hazard, as found and declared by the director. A region shall be composed of two or more counties as determined by the director. The status of an area as a rabies area shall terminate at the end of one year from the date of the declaration unless, not earlier than two months prior to the end of the year, it is again declared to be a rabies area in the manner provided in this section. If however, the director at any time finds and declares that an area has ceased to be a rabies area its status shall terminate upon the date of the declaration. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  36. 121595.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    If rabies is reported in a county or city, the department must investigate whether the disease exists and where animals or people may be endangered.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121595. Whenever any case of rabies is reported as existing in any county or city, the department shall make, or cause to be made, a preliminary investigation as to whether the disease exists, and as to the probable area of the state in which the population or animals are endangered. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  37. 1216.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2. Administration [1212 - 1220.2] ( Article 2 added by Stats. 1978, Ch. 1147. )

    Verify source ↗

    Licensed clinics must file an annual verified report with the Department of Health Care Access and Information by March 15.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2. Administration [1212 - 1220.2] ( Article 2 added by Stats. 1978, Ch. 1147. ) ## 1216. (a) Every clinic holding a license shall, on or before the 15th day of March each year, file with the Department of Health Care Access and Information, upon forms to be furnished by the department, a verified report showing the following information relating to the previous calendar year: (1) Number of patients served and descriptive information, including, but not limited to, age, gender, race, and ethnic background of patients. (2) Number of patient visits by type of service, including all of the following: (A) Child health and disability prevention screens, treatment, and followup services. (B) Medical services. (C) Dental services. (D) Other health services. (3) Total clinic operating expenses. (4) Gross patient charges by payer category, including Medicare, Medi-Cal, the Child Health Disability Prevention Program, county indigent programs, other county programs, private insurance, self-paying patients, nonpaying patients, and other payers. (5) Deductions from revenue by payer category, bad debts, and charity care charges. (6) Additional information as may be required by the Department of Health Care Access and Information or the State Department of Public Health. (b) In the event that a clinic fails to file a timely report, the department may suspend the license of the clinic until the report is completed and filed with the Department of Health Care Access and Information. (c) In order to promote efficient reporting of accurate data, the Department of Health Care Access and Information shall consider the unique operational characteristics of different classifications of licensed clinics, including, but not limited to, the limited scope of services provided by some specialty clinics, in its design of forms for the collection of data required by this section. (d) For the purpose of administering funds appropriated from the Cigarette and Tobacco Products Surtax Fund for support of licensed clinics, clinics receiving those funds may be required to report any additional data the Department of Health Care Access and Information or the State Department of Public Health may determine necessary to ensure the equitable distribution and appropriate expenditure of those funds. This shall include, but not be limited to, information about the poverty level of patients served and communicable diseases reported to local health departments. (e) This section shall apply to all primary care clinics. (f) This section shall apply to all specialty clinics, as defined in subdivision (b) of Section 1204 that receive tobacco tax funds pursuant to Article 2 (commencing with Section 30121) of Chapter 2 of Part 13 of Division 2 of the Revenue and Taxation Code. (g) Specialty clinics that are not required to report pursuant to subdivision (f) shall report data as directed in Section 1216 as it existed prior to the enactment of Chapter 1331 of the Statutes of 1989 and Chapter 51 of the Statutes of 1990. (h) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. (Amended by Stats. 2024, Ch. 492, Sec. 1. (SB 1511) Effective January 1, 2025. Repealed as of January 1, 2027, by its own provisions.)
  38. 1216.1.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2. Administration [1212 - 1220.2] ( Article 2 added by Stats. 1978, Ch. 1147. )

    Verify source ↗

    Starting January 1, 2027, licensed clinics and certain exempt intermittent clinics must file verified reports with HCAI.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2. Administration [1212 - 1220.2] ( Article 2 added by Stats. 1978, Ch. 1147. ) ## 1216.1. (a) Commencing January 1, 2027, every clinic holding a license and, notwithstanding subdivision (h) of Section 1206, every intermittent clinic operated by a licensed clinic and exempt from licensure shall file with the Department of Health Care Access and Information (HCAI) a verified report pursuant to Sections 127285, 128905, and 128910. (b) If a clinic fails to file a timely report pursuant to Sections 127285, 128905, or 128910, either for itself or for any intermittent clinic it operates, the department may suspend the license of the clinic until all required reports are completed and filed with HCAI. (Added by Stats. 2023, Ch. 505, Sec. 4. (SB 779) Effective January 1, 2024.)
  39. 121600.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    If the department’s investigation finds rabies, it must declare a quarantine for the animals and area named in the quarantine order.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121600. If upon the investigation the department finds that rabies exists, a quarantine shall be declared against all animals as are designated in the quarantine order, and living within the area specified in the order. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  40. 121605.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    After a quarantine order, the department must conduct a thorough investigation of the disease, exposed persons and animals, and the affected area.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121605. Following the order of quarantine the department shall make or cause to be made a thorough investigation as to the extent of the disease, the probable number of persons and animals exposed, and the area found to be involved. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  41. 121610.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The department may replace quarantine order regulations with regulations it considers adequate to control the disease in each area.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121610. The department may substitute for the quarantine order regulations as may be deemed adequate for the control of the disease in each area. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  42. 121615.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    All peace officers and boards of health must carry out this chapter’s provisions.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121615. All peace officers and boards of health shall carry out the provisions of this chapter. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  43. 121620.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    While a quarantine order is in force, any officer may kill or capture and hold animals found in a quarantine area or in the listed public or unsecured locations.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121620. During the period for which any quarantine order is in force any officer may kill or in his or her discretion capture and hold for further action by the department any animal in a quarantine area, found on public highways, lands, and streets, or not held in restraint on private premises as specified in this chapter. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  44. 121625.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    A proper official may examine and enter private premises to enforce this chapter.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121625. Any proper official within the meaning of this chapter may examine and enter upon all private premises for the enforcement of this chapter. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  45. 121630.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    A person who keeps or holds an animal in violation of this chapter commits an infraction, unless Sections 121705 or 121710 apply.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121630. Except as provided in Sections 121705 and 121710, every person who possesses or holds any animal in violation of the provisions of this chapter is guilty of an infraction, punishable by a fine not exceeding one thousand dollars ($1,000). (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  46. 121635.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The rabies treatment and eradication fund is continued in each county or city in this state to pay expenses for rabies eradication.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121635. For the purpose of providing funds to pay expenses incurred in connection with the eradication of rabies, the rabies treatment and eradication fund is continued in existence in each county or city in this state. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  47. 121640.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Money collected for dog license taxes must be deposited with the county or city treasurer, unless local ordinances allow current dog tax funds to be used for other purposes.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121640. All money collected for dog license taxes shall be deposited to the credit of this fund with the treasurer of the county or city; but funds now collected from any dog tax may continue to be collected and used for other purposes specified by local ordinances. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  48. 121645.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    If the department determines rabies exists in any county or city, a special dog license tax takes effect immediately, unless an existing dog tax already covers the chapter’s expenditures.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121645. Upon the determination by the department that rabies exists in any county or city, a special dog license tax shall immediately become effective, unless a dog tax is already in force the funds from which are available for the payment of expenditures in accordance with this chapter. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  49. 121650.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    An annual dog tax is set at $1.50 for male and neuter dogs and $2.50 for female dogs, and the proper authority collects it.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121650. This tax shall be levied as follows: An annual tax of one dollar and fifty cents ($1.50) for each male, two dollars and fifty cents ($2.50) for each female, and one dollar and fifty cents ($1.50) for each neuter dog. It shall be collected by the proper authority at the same time and in the same manner as other taxes are collected; except that at the first collection the proportion of the annual tax as corresponds to the number of months the tax has been in operation plus one year advance payment shall be collected. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  50. 121655.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    A dog license tax, once established in a county or city, remains in force until the department issues an order declaring the county or part of it free from rabies or further spread risk.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121655. After this dog license tax has been established in a county or city, it shall be continued in force until an order has been issued by the department declaring that county, or the portion of that county as may be deemed advisable, to be free from rabies or further danger of its spread. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  51. 121660.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Courts or judges must send half of fines collected for violations of this chapter to the rabies treatment and eradication fund of the county or city where the violation occurred.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121660. One half of all fines collected by any court or judge for violations of this chapter shall be placed to the credit of the rabies treatment and eradication fund of the county or city where the violation occurred. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  52. 121665.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The department may use special control measures, if it decides they are necessary, to help local authorities enforce this chapter in any county or city.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121665. Whenever it becomes necessary in the judgment of the department, to enforce this chapter in any county or city, the department may institute special measures of control to supplement the efforts of the local authorities in any county or city whose duties are specified in this chapter. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  53. 121670.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    County or city authorities must pay special-measure enforcement expenses as they accrue, normally from the special fund.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121670. All expenditures incurred in enforcing the special measures shall be proper charges against the special fund referred to in this chapter, and shall be paid as they accrue by the proper authorities of each county or city where they have been incurred; but all expenditures that may be incurred after the issuance of the order establishing the tax and before the first collection of the tax, shall be paid as they accrue from the general fund of the county or city. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  54. 121675.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    If this fund runs short, extra expenditures must be paid from the general fund, and those amounts must later be repaid from the special fund once tax collections provide the money.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121675. All expenditures in excess of the balance of money in this fund shall likewise be paid as they accrue from the general fund. All money thus expended from the general fund shall be repaid from the special fund when the collections from the tax have provided the money. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  55. 121680.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    A guide dog serving a blind master is not to be quarantined unless there is evidence of rabies exposure, and the master fails to keep the dog confined and available for examination.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121680. Notwithstanding any other provision of this chapter a guide dog serving a blind master shall not be quarantined, in the absence of evidence that he or she has been exposed to rabies, unless his or her master fails: (a) To keep him or her safely confined to the premises of the master. (b) To keep him or her available for examination at all reasonable times. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  56. 121685.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    A law enforcement dog that bites a person while being used for law enforcement purposes must not be quarantined; the agency must make the dog available for examination and notify the local health officer if the dog behaves abnormally.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121685. Notwithstanding any other provision of this chapter, a dog used by any state, county, city, or city and county law enforcement agency shall not be quarantined after biting any person if the bite occurred while the dog was being used for any law enforcement purpose. The law enforcement agency shall make the dog available for examination at any reasonable time. The law enforcement agency shall notify the local health officer if the dog exhibits any abnormal behavior. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  57. 121690.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    In rabies areas, dog owners must license and vaccinate dogs, with a limited exemption process for dogs whose vaccination would endanger them.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121690. In rabies areas, all of the following shall apply: (a) Every owner of a dog, after the dog attains the age of four months, shall no less than once every two years secure a license for the dog as provided by ordinance of the responsible city, city and county, or county. License fees shall be fixed by the responsible city, city and county, or county, at an amount not to exceed limitations otherwise prescribed by state law or city, city and county, or county charter. (b) (1) Every owner of a dog, after the dog attains the age of three months or older, shall, at intervals of time not more often than once a year, as may be prescribed by the department, procure its vaccination by a licensed veterinarian with a canine antirabies vaccine approved by the department and administered according to the vaccine label, unless a licensed veterinarian determines, on an annual basis, that a rabies vaccination would endanger the dog’s life due to disease or other considerations that the veterinarian can verify and document. The responsible city, county, or city and county may specify the means by which a dog’s owner is required to provide proof of the dog’s rabies vaccination, including, but not limited to, by electronic transmission or facsimile. (2) A request for an exemption from the requirements of this subdivision shall be submitted on an approved form developed by the department and shall include a signed statement by the veterinarian explaining the inadvisability of the vaccination and a signed statement by the dog owner affirming that the owner understands the consequences and accepts all liability associated with owning a dog that has not received the canine antirabies vaccine. The request shall be submitted to the local health officer, who may issue an exemption from the canine antirabies vaccine. (3) The local health officer shall report exemptions issued pursuant to this subdivision to the department. (4) A dog that is exempt from the vaccination requirements of this section shall be considered unvaccinated. (5) A dog that is exempt from the vaccination requirements of this section shall, at the discretion of the local health officer or the officer’s designee, be confined to the premises of the owner, keeper, or harborer and, when off the premises, shall be on a leash the length of which shall not exceed six feet and shall be under the direct physical control of an adult. A dog that is exempt from the provisions of this section shall not have contact with a dog or cat that is not currently vaccinated against rabies. (c) All dogs under four months of age shall be confined to the premises of, or kept under physical restraint by, the owner, keeper, or harborer. Nothing in this chapter or Section 120435 shall be construed to prevent the sale or transportation of a puppy four months old or younger. (d) A dog in violation of this chapter or any additional provisions that may be prescribed by a local governing body shall be impounded, as provided by local ordinance. (e) The governing body of each city, city and county, or county shall maintain or provide for the maintenance of an animal shelter system and a rabies control program for the purpose of carrying out and enforcing this section. (f) (1) Each city, county, or city and county shall provide dog vaccination clinics, or arrange for dog vaccination at clinics operated by veterinary groups or associations, held at strategic locations throughout each city, city and county, or county. The vaccination and licensing procedures may be combined as a single operation in the clinics. No charge in excess of the actual cost shall be made for any one vaccination at a clinic. No owner of a dog shall be required to have the dog vaccinated at a public clinic if the owner elects to have the dog vaccinated by a licensed veterinarian of the owner’s choice. (2) All public clinics shall be required to operate under antiseptic immunization conditions comparable to those used in the vaccination of human beings. (g) In addition to the authority provided in subdivision (a), the ordinance of the responsible city, city and county, or county may provide for the issuance of a license for a period not to exceed three years for dogs that have attained the age of 12 months or older and have been vaccinated against rabies or one year for dogs exempted from the vaccination requirement pursuant to subdivision (b). The person to whom the license is issued pursuant to this subdivision may choose a license period as established by the governing body of up to one, two, or three years. However, when issuing a license pursuant to this subdivision, the license period shall not extend beyond the remaining period of validity for the current rabies vaccination and, if a dog is exempted from the vaccination requirement pursuant to subdivision (b), the license period shall not extend beyond one year. A dog owner who complies with this subdivision shall be deemed to have complied with the requirements of subdivision (a). (h) All information obtained from a dog owner by compliance with this chapter is confidential to the dog owner and proprietary to the veterinarian. This information shall not be used, distributed, or released for any purpose, except to ensure compliance with existing federal, state, county, or city laws or regulations. (Amended by Stats. 2019, Ch. 7, Sec. 13. (AB 1553) Effective January 1, 2020.)
  58. 121695.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This section says the chapter does not limit a city, city and county, or county from using its police power or other legal authority to set stricter requirements and regulate dogs within its jurisdiction.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121695. Nothing in this chapter and Section 120435 is intended or shall be construed to limit the power of any city, city and county, or county in its authority in the exercise of its police power or in the exercise of its power under any other provisions of law to enact more stringent requirements, to regulate and control dogs within the boundaries of its jurisdiction. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  59. 1217.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2. Administration [1212 - 1220.2] ( Article 2 added by Stats. 1978, Ch. 1147. )

    Verify source ↗

    A primary care clinic applicant may receive a license if it meets the stated building-related conditions and submits an acceptable modernization plan; the director must waive building requirements when the listed findings are made.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2. Administration [1212 - 1220.2] ( Article 2 added by Stats. 1978, Ch. 1147. ) ## 1217. (a) An applicant for a license to operate a primary care clinic, as specified in subdivision (a) of Section 1204 that meets all requirements for licensure under this chapter, except that it proposes to operate its clinic out of an existing facility that does not satisfy all of the applicable building requirements for the physical plant, other than fire and life safety requirements, shall be issued a license by the state department if both of the following requirements are met: (1) The applicant establishes, by evidence satisfactory to the state department, that, where possible and feasible, the applicable building requirements have been met. (2) The applicant submits a plan of modernization acceptable to the state department that sets forth the proposed changes to be made, during a period not to exceed three years from the date of initial licensure, to bring the applicant’s facility into substantial conformance with applicable building requirements. (b) Failure to complete the plan of modernization as approved and within the time allowed shall constitute a basis for revocation or nonrenewal of the applicant’s license unless the applicant earlier applies for and obtains a waiver from the department. The director shall waive building requirements for primary care clinics where he or she determines all of the following conditions are met: (1) That the requirements cannot be met by an applicant, or that they can be met only at an unreasonable and prohibitive cost. (2) That the requirements are not essential to protect the health and safety of the clinic staff or the public it serves. (3) That the granting of the waiver applied for is in the public interest. (Amended by Stats. 2003, Ch. 602, Sec. 3. Effective January 1, 2004.)
  60. 121700.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Rabies vaccines for animal use may not be supplied except to a veterinary biologic supply firm, a licensed veterinarian, or a public agency.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121700. Rabies vaccines for animal use shall not be supplied to other than a veterinary biologic supply firm, a person licensed to practice veterinary medicine under Chapter 11 (commencing with Section 4800) of Division 2 of the Business and Professions Code, or a public agency. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  61. 121705.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    A person commits a misdemeanor if they willfully hide information about the location or ownership of a rabies-exposed animal to stop the local health officer from quarantining or isolating it.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121705. Any person who willfully conceals information about the location or ownership of an animal subject to rabies, that has bitten or otherwise exposed a person to rabies, with the intent to prevent the quarantine or isolation of that animal by the local health officer is guilty of a misdemeanor. Any person who violates this section is guilty of a misdemeanor. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  62. 121710.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    A person who ignores a local health officer’s rabies-related order after notice, or refuses to produce the animal on demand, commits a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Rabies Control [121575 - 121710] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121710. Any person who, after notice, violates any order of a local health officer concerning the isolation or quarantine of an animal of a species subject to rabies, that has bitten or otherwise exposed a person to rabies or who, after that order, fails to produce the animal upon demand of the local health officer, is guilty of a misdemeanor, punishable by imprisonment in the county jail for a period not to exceed one year, or by fine of not less than one hundred dollars ($100), nor more than one thousand dollars ($1,000) per day of violation, or by both fine and imprisonment. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  63. 121745.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Avian Zoonosis Control [121745 - 121765] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    When the director finds certain bird-borne diseases are a public health hazard, the department must adopt additional public health regulations for all pet birds.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Avian Zoonosis Control [121745 - 121765] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121745. (a) Whenever the director finds that psittacosis, or any other diseases transmissible to man from pet birds, have become a public health hazard to the extent that control measures are necessary or desirable, the department shall adopt additional regulations as it deems necessary for the public health; and these regulations shall apply to all pet birds whether or not of a species otherwise regulated under this chapter. These regulations shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (b) This section shall not be operative during the 1993–94 fiscal year. (Amended by Stats. 1998, Ch. 194, Sec. 5. Effective January 1, 1999.)
  64. 121760.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Avian Zoonosis Control [121745 - 121765] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Violating any provision of this chapter is a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Avian Zoonosis Control [121745 - 121765] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121760. The violation of any of the provisions of this chapter shall constitute a misdemeanor. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  65. 121765.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Avian Zoonosis Control [121745 - 121765] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This chapter applies to all shell parakeets or budgerigars.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Avian Zoonosis Control [121745 - 121765] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121765. This chapter shall apply to all shell parakeets or budgerigars. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  66. 121775.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Importation of Wild Animals [121775 - 121870] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 1. General [121775 - 121800] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This section defines “wild animal” for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Importation of Wild Animals [121775 - 121870] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 1. General [121775 - 121800] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121775. As used in this chapter, “wild animal” refers to any animal of the class Aves (birds) or class Mammalia (mammals) that either is not normally domesticated in this state or not native to this state. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  67. 121780.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Importation of Wild Animals [121775 - 121870] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 1. General [121775 - 121800] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This section defines “enforcement officer” for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Importation of Wild Animals [121775 - 121870] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 1. General [121775 - 121800] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121780. As used in this chapter, “enforcement officer” means any officer, employee, or agent of the department, local health officer, or of any state or local agency with which an agreement has been made to enforce Article 3 (commencing with Section 121850), or local health officer. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  68. 121785.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Importation of Wild Animals [121775 - 121870] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 1. General [121775 - 121800] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The department may make enforcement agreements with state or local agencies for Article 3 of this chapter.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Importation of Wild Animals [121775 - 121870] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 1. General [121775 - 121800] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121785. The department may enter into agreement with any state or local agency for the enforcement of Article 3 (commencing with Section 121850) of this chapter. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  69. 121790.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Importation of Wild Animals [121775 - 121870] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 1. General [121775 - 121800] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The department must publish a list of animals that cannot be imported without a department permit, and importing a wild animal that requires a permit is unlawful unless the permit has been issued.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Importation of Wild Animals [121775 - 121870] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 1. General [121775 - 121800] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121790. The department shall publish from time to time a list of animals that may not be imported into this state except by permit from the department. Unless a permit is issued pursuant to this chapter, it is unlawful to import into this state any wild animal for which a permit is required by the department. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  70. 121795.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Importation of Wild Animals [121775 - 121870] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 1. General [121775 - 121800] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 7. )

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    The department may make regulations for imported wild animals covering entry, quarantine, and release from quarantine, and those regulations must be designed to protect public health from diseases found in those animals.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Importation of Wild Animals [121775 - 121870] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 1. General [121775 - 121800] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121795. The department may adopt regulations governing the entry, quarantine, or release from quarantine, of any and all wild animals imported into this state pursuant to this chapter. The regulations shall be designed to protect the public health against diseases known to occur in any such animals. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  71. 1218.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2. Administration [1212 - 1220.2] ( Article 2 added by Stats. 1978, Ch. 1147. )

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    When a clinic license, special permit, or renewal application is filed, the state department must investigate and decide whether to grant or deny it; if the application statements are false or the clinic is out of compliance, the director must deny it.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2. Administration [1212 - 1220.2] ( Article 2 added by Stats. 1978, Ch. 1147. ) ## 1218. Upon the filing of an application for a license or for a special permit, or for renewal of a license or special permit, the state department shall investigate the facts set forth in the application and, if the state department finds that the statements contained in the application are true, that the establishment or the continued operation of the clinic and any special services it provides are in conformity with the intent and purpose of this chapter, and that the applicant is in compliance with the provisions of this chapter and the rules and regulations of the state department, the state department shall issue to the applicant the license or special permit, or renewal thereof, applied for. However, if the director finds that the statements contained in the application are not true, or that the establishment or the continued operation of the clinic, or its special services, is not in conformity with the intent and purpose of this chapter, or that applicant is not in compliance with the provisions of this chapter and the rules and regulations promulgated hereunder, he shall deny the applicant the license or special permit or renewal thereof applied for. The state department shall either grant or deny a license or special permit within 100 days of the filing of a completed application for such license or special permit. (Added by Stats. 1978, Ch. 1147.)
  72. 1218.1.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2. Administration [1212 - 1220.2] ( Article 2 added by Stats. 1978, Ch. 1147. )

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    A clinic corporation may apply for an affiliate clinic license for a new site or mobile unit if it meets listed conditions, and the department must approve the license and issue it on a short timeline.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2. Administration [1212 - 1220.2] ( Article 2 added by Stats. 1978, Ch. 1147. ) ## 1218.1. (a) A clinic corporation on behalf of a primary care clinic that has held a valid, unrevoked, and unsuspended license for at least the immediately preceding five years, with no demonstrated history of repeated or uncorrected violations of this chapter or a regulation adopted under this chapter that pose immediate jeopardy to a patient, as defined in subdivision (f), and that has no pending action to suspend or revoke its license, may file an affiliate clinic application under this section to establish a primary care clinic at an additional site or a mobile health care unit, either of which shall hereafter be referred to as the affiliate clinic. The department, upon receipt of the completed affiliate clinic application submitted by the clinic corporation, shall approve a license for the affiliate clinic, without the necessity of first conducting an initial onsite survey, if all of the following conditions are met: (1) The clinic corporation that operates the existing licensed primary care clinic, which shall hereafter be referred to as the parent clinic, has submitted a completed affiliate clinic application and the associated application fee. (2) The parent and affiliate clinics’ corporate officers, as specified in Section 5213 of the Corporations Code, are the same. (3) The parent and affiliate clinics are owned and operated by the same nonprofit organization with the same board of directors. (4) The parent and affiliate clinics have the same medical director or directors and medical policies, procedures, protocols, and standards. (b) The affiliate clinic application shall consist solely of a simple form and required supporting documents giving the following information: (1) The name and address of the clinic corporation’s administrative office. (2) The name and contact information of the clinic corporation’s chief executive officer or executive director. (3) The name and address of the new affiliate primary care clinic site or the location of the new affiliate mobile health care unit. (4) The name and contact information of the administrator of the new affiliate primary care clinic site or mobile health care unit. (5) The expected days and hours of operation and the services to be provided at the new affiliate primary care clinic site or mobile health care unit. (6) Evidence that the new affiliate mobile health care unit meets the requirements of the Mobile Health Care Services Act (Chapter 9 (commencing with Section 1765.101)). (7) The type and the manufacturer of the new affiliate mobile health care unit and the proposed area or areas where the new affiliate mobile health care unit will be providing services. (8) To the extent otherwise required by law, evidence of compliance with the minimum construction standards for adequacy and safety of the new affiliate clinic’s physical plant, pursuant to the OSHPD 3 requirements of the most recent version of the California Building Code applicable to clinics and subdivision (b) of Section 1226. The compliance may be established in the form prescribed by Section 1226.3. (9) Evidence of fire clearance for the new affiliate clinic site. (10) A copy of the lease or purchase agreement for the new affiliate clinic site. (11) A copy of the transfer agreement between the new affiliate clinic and a local hospital. (12) A current list of clinic corporation board members. (c) The affiliate clinic application shall be signed by an officer of the clinic corporation’s board of directors or the clinic corporation’s chief executive officer or executive director. (d) The department shall issue a clinic license under this section within 30 days of receipt of a completed affiliate clinic application. If approved, a clinic license shall be issued within seven days of approval. If the department determines that an applicant does not meet the conditions stated in subdivision (a), it shall identify, in writing and with particularity, the grounds for that determination, and shall instead process the application in accordance with the time specified in Section 1218. (e) Nothing in this section shall prohibit the department from conducting a licensing inspection of the affiliate clinic at any time after receipt of the completed affiliate clinic application. (f) For purposes of this section, “immediate jeopardy to a patient” means a situation in which the clinic’s noncompliance with one or more requirements of licensure has caused, or is likely to cause, serious injury, harm, impairment, or death to a patient. (Amended by Stats. 2010, Ch. 502, Sec. 4. (SB 442) Effective January 1, 2011.)
  73. 1218.2.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2. Administration [1212 - 1220.2] ( Article 2 added by Stats. 1978, Ch. 1147. )

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    Certain primary care clinics operated by one nonprofit may consolidate administrative functions in California without department approval, and the department may access offsite records.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2. Administration [1212 - 1220.2] ( Article 2 added by Stats. 1978, Ch. 1147. ) ## 1218.2. Notwithstanding any other provision of law, two or more primary care clinics that are operated by a single nonprofit corporation shall be entitled to consolidate their administrative functions within the State of California without first obtaining the approval of the department. The department shall have access to offsite records. Upon request for access by the department, offsite records shall either be transferred to a clinic or administrative site or be available at the offsite facility within 48 hours. The administrative functions are limited to the following: (a) Offsite storage and maintenance of patient medical records that have been inactive for at least three years. (b) Offsite storage and maintenance of personnel records, except that copies of specific records documenting the employees’ date of hire, general qualifications, proof of current licensure if applicable, training, and annual health checks shall be kept at the site at which the employee provides all or a majority of his or her services. (c) Billing and related financial functions. (d) Purchasing functions. (Added by Stats. 2003, Ch. 602, Sec. 5. Effective January 1, 2004.)
  74. 1218.3.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2. Administration [1212 - 1220.2] ( Article 2 added by Stats. 1978, Ch. 1147. )

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    Clinic corporations operating affiliate clinics must centralize certain communications and file-change reporting, and the department must keep a corporate file for them.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2. Administration [1212 - 1220.2] ( Article 2 added by Stats. 1978, Ch. 1147. ) ## 1218.3. (a) In order to reduce paperwork, eliminate errors, and streamline communications between the department and licensed primary care clinics, a clinic corporation that operates one or more affiliate clinics shall, on behalf of all licensed clinics it operates, act as the administrative headquarters for purposes of receiving from and submitting to the department communications regarding primary care clinic license applications or license renewals, primary care clinic operations, requests for prior approval, additions of services, primary care clinic relocations, required reports of changes in primary care clinic administration and board of directors, notices of deficiencies, and all communications from the department to primary care clinics licensed by the department including communications by mail, e-mail, facsimile, or any other electronic or telephonic means. (b) The department shall maintain a complete corporate file containing information about each clinic corporation operating one or more affiliate clinics, including all of the following: (1) A copy of the clinic corporation’s articles of incorporation and bylaws. (2) Unless exempt under paragraph (1) of subdivision (a) of Section 1204, a copy of the determination letter to show the clinic corporation’s exempt status under paragraph (3) of subsection (c) of the Internal Revenue Code of 1954, as amended. (3) A copy of the clinic corporation’s organizational chart. (4) Information identifying the clinic corporation’s governing body, including the clinic corporation’s board of directors and corporate officers and required documents. (5) Information identifying the clinic corporation’s administrators, including the chief executive officer or executive director and medical director. (c) A clinic corporation shall not be required to resubmit information, materials, or documents identified in subdivision (b) as part of an affiliate clinic application, unless the information, materials, or documents are necessary to complete the corporate file. (d) A clinic corporation shall submit to the department, on behalf of all licensed primary care clinics operated by the clinic corporation, a single report of change that is applicable to all primary care clinics operated by the clinic corporation, including a change in a principal officer or general manager of the governing body, the medical director, and the clinic administrator, as required by law. (e) A clinic corporation may submit to the department, on behalf of all licensed primary care clinics operated by the clinic corporation that are within the same license renewal month, a single payment for all primary care clinic licensure renewal fees. (Added by Stats. 2010, Ch. 502, Sec. 5. (SB 442) Effective January 1, 2011.)
  75. 1218.4.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2. Administration [1212 - 1220.2] ( Article 2 added by Stats. 1978, Ch. 1147. )

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    Licensed primary care community and free clinics must report certain intermittent-clinic information to the department when renewing their license.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2. Administration [1212 - 1220.2] ( Article 2 added by Stats. 1978, Ch. 1147. ) ## 1218.4. (a) A licensed primary care community or free clinic shall report to the department, when renewing its license, whether it is currently operating an intermittent clinic, the location of any intermittent clinic, and the estimated hours of operation of any intermittent clinic. (b) For the purposes of this section “intermittent clinic” means a clinic described in subdivision (h) of Section 1206. (Added by Stats. 2015, Ch. 412, Sec. 2. (AB 1130) Effective January 1, 2016.)
  76. 121800.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Importation of Wild Animals [121775 - 121870] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 1. General [121775 - 121800] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 7. )

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    Violating any provision of this chapter is a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Importation of Wild Animals [121775 - 121870] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 1. General [121775 - 121800] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121800. The violation of any provision of this chapter shall be a misdemeanor. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  77. 121825.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Importation of Wild Animals [121775 - 121870] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 2. Permits [121825 - 121845] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 7. )

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    The department may issue a written permit to import specified wild animals into the state if public health and safety will not be endangered and the permit’s terms are met.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Importation of Wild Animals [121775 - 121870] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 2. Permits [121825 - 121845] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121825. The department may issue a written permit to import into this state any wild animal specified by the department pursuant to Section 121790, upon determination that the public health and safety will not be endangered by the importation in accordance with the terms and conditions of the permit. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  78. 121830.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Importation of Wild Animals [121775 - 121870] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 2. Permits [121825 - 121845] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 7. )

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    A person who wants to import a wild animal species must apply in writing for a permit and include the listed details.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Importation of Wild Animals [121775 - 121870] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 2. Permits [121825 - 121845] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121830. A permit shall be issued only upon written application from the person desiring to import the species, enumerating all of the following: (a) The number and true scientific name of each species of wild animal for which a permit is requested. (b) The carrier and probable point of first arrival in this state of each shipment of the species. (c) The purpose for which they are to be imported. (d) The name and address of the consignee. (e) The name and address of the consignor. (f) The place or premises where the animals shall be held in quarantine pending the completion of the tests, veterinary examinations, and observation period as may be specified by the department as a condition of the permit required under this chapter. (g) The name and address of the licensed veterinarian who shall conduct the tests and examinations as specified by the department pursuant to this chapter. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  79. 121835.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Importation of Wild Animals [121775 - 121870] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 2. Permits [121825 - 121845] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 7. )

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    Each issued permit must list the wild animal species, entry terms, quarantine details, and any tests or veterinary checks specified by the department.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Importation of Wild Animals [121775 - 121870] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 2. Permits [121825 - 121845] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121835. Each permit issued shall set forth the following: (a) The number and true scientific name of the species of wild animal for which the permit is granted. (b) A statement of the terms and conditions under which the entry of the species is permitted. (c) The place and conditions of quarantine where required. (d) A statement of the tests, veterinary examinations, observation period, and quarantine period as may be specified by the department. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  80. 121840.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Importation of Wild Animals [121775 - 121870] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 2. Permits [121825 - 121845] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 7. )

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    If a permit is issued under this article, the department must send one copy to the county local health officer and include two copies with each shipment of the wild animals.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Importation of Wild Animals [121775 - 121870] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 2. Permits [121825 - 121845] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121840. Whenever any permit is issued under provisions of this article, one copy shall be sent by the department to the local health officer of the county where the species will be held in quarantine, two copies shall accompany each shipment of wild animals involved. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  81. 121845.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Importation of Wild Animals [121775 - 121870] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 2. Permits [121825 - 121845] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 7. )

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    The department must charge a fee for the import permit, set the fee amount by regulation, and send all fees to the General Fund.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Importation of Wild Animals [121775 - 121870] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 2. Permits [121825 - 121845] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121845. The department shall charge a fee for the issuance of the import permit provided for under Section 121825. The department shall provide by regulation the amount of the fee to be collected, the total amount of the fees to yield a sum approximating the cost of the administration and enforcement of this chapter. All fees shall be paid by the department into the General Fund. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  82. 121850.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Importation of Wild Animals [121775 - 121870] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 3. Regulation and Enforcement [121850 - 121870] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 7. )

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    People who import, transport into the state, or receive certain live wild animals must keep them confined for inspection and immediately notify the department.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Importation of Wild Animals [121775 - 121870] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 3. Regulation and Enforcement [121850 - 121870] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121850. Any person who imports, transports into the state, or receives, any live wild animal enumerated in or designated pursuant to Section 121790, shall hold the animal in confinement for inspection and immediately notify the department of the arrival thereof. If there is found in any shipment any species not specified in the permit issued under this chapter and subject thereto, or more than the number of any species specified, the animals shall be refused admittance as provided under Section 121865. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  83. 121855.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Importation of Wild Animals [121775 - 121870] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 3. Regulation and Enforcement [121850 - 121870] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    If a wild animal inspected on arrival is diseased or suspected of carrying a dangerous disease, the enforcing officer must destroy it, and if necessary the whole shipment, unless quarantine or return to origin is allowed under the stated conditions.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Importation of Wild Animals [121775 - 121870] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 3. Regulation and Enforcement [121850 - 121870] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121855. If, during inspection upon arrival any wild animal is found to be diseased, or there is reason to suspect the presence of disease that will or may endanger the public health and safety, the diseased animal, and, if necessary, the entire shipment shall be destroyed by or under the supervision of the enforcing officer, unless the public health and safety will not be endangered by its detention in quarantine for a time and under conditions satisfactory to the enforcing officer for disinfection, treatment, or diagnosis, or no detriment can be caused by its return to point of origin at the option and expense of the owner or bailee. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  84. 121860.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Importation of Wild Animals [121775 - 121870] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 3. Regulation and Enforcement [121850 - 121870] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Wild animals quarantined under this chapter may be released only by written release from the department, and the owner or bailee must pay the costs of tests, veterinary examinations, and quarantine.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Importation of Wild Animals [121775 - 121870] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 3. Regulation and Enforcement [121850 - 121870] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121860. Whenever any wild animal brought into this state under permit is quarantined as provided in this chapter, the species shall not be released from quarantine except by release in writing from the department. All tests, veterinary examinations, and quarantines shall be at the expense of the owner or bailee of the animals involved. Any species refused release from quarantine under this section shall be destroyed, detained, or returned to its point of origin as provided in Section 121855. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  85. 121865.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Importation of Wild Animals [121775 - 121870] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 3. Regulation and Enforcement [121850 - 121870] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    If a live wild animal is imported illegally, the owner or bailee may, after notice, choose to return it to its point of origin or have it destroyed; if they do not act in time, the enforcing officer must seize and destroy the animal.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Importation of Wild Animals [121775 - 121870] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 3. Regulation and Enforcement [121850 - 121870] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121865. Any live wild animal brought into this state in violation of the provisions of this chapter or any regulations thereunder may, upon notice from the enforcing officer inspecting them or discovering the violation, be returned to the point of origin, or destroyed, within the time specified in the notice, at the option of the owner or bailee. The exercise of any such option shall be under the direction and control of the enforcing officer and at the expense of the owner or bailee. If the owner or bailee fails to exercise the option within the time specified in the notice, the enforcing officer shall immediately thereafter seize and destroy the animals at the expense of the owner or bailee. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  86. 121870.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Importation of Wild Animals [121775 - 121870] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 3. Regulation and Enforcement [121850 - 121870] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This section says the chapter and regulations under it do not authorize importation, transportation, or possession of certain live wild animals, except as allowed by the Fish and Game Code chapter cited here.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Importation of Wild Animals [121775 - 121870] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 3. Regulation and Enforcement [121850 - 121870] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121870. This chapter, or any regulations adopted pursuant thereto, shall not authorize the importation, transportation, or possession of any live wild animals enumerated in Chapter 2 (commencing with Section 2116) of Division 3 of the Fish and Game Code or the regulations of the Fish and Game Commission adopted pursuant thereto, except as provided in Chapter 2 (commencing with Section 2116) of Division 3 of the Fish and Game Code. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  87. 121875.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Animal Control [121875 - 121945] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This chapter may be cited as “The Dog Act of 1969.”

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Animal Control [121875 - 121945] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121875. This chapter may be cited as “The Dog Act of 1969.” (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  88. 121880.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Animal Control [121875 - 121945] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This section defines “sentry dog” for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Animal Control [121875 - 121945] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121880. For the purposes of this chapter, “sentry dog” means a dog trained to work without supervision in a fenced facility and to deter or detain unauthorized persons found within the facility. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  89. 121881.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Animal Control [121875 - 121945] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This section defines “guard dog” and “attack dog” for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Animal Control [121875 - 121945] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121881. For purposes of this chapter, “guard dog” or “attack dog” means any dog trained to guard, protect, patrol, or defend any premises, area, or yard, or any dog trained as a sentry or to protect, defend, or guard any person or property, or any dog such as a schutzhund or any similar classification. (Added by Stats. 2001, Ch. 377, Sec. 1. Effective January 1, 2002.)
  90. 121885.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Animal Control [121875 - 121945] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This section defines “narcotic detection dog” as a dog trained to locate narcotics by scent.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Animal Control [121875 - 121945] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121885. For the purposes of this chapter, “narcotic detection dog” means a dog trained to locate narcotics by scent. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  91. 121890.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Animal Control [121875 - 121945] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This chapter defines “tracker dog” as a dog trained to work with a handler to search facilities for burglary suspects and other intruders.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Animal Control [121875 - 121945] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121890. For purposes of this chapter, “tracker dog” means a dog trained to work with a handler in searching facilities for burglary suspects and other intruders. (Amended by Stats. 2001, Ch. 377, Sec. 2. Effective January 1, 2002.)
  92. 121895.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Animal Control [121875 - 121945] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This chapter defines “sentry dog company” as a person that agrees to provide trained sentry, attack, or narcotic detection dogs for hire.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Animal Control [121875 - 121945] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121895. For the purposes of this chapter, “sentry dog company” means any person who agrees to furnish trained sentry, attack, or narcotic detection dogs for hire. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  93. 121896.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Animal Control [121875 - 121945] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This chapter defines “trainer” as a person who trains attack, guard, or sentry dogs.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Animal Control [121875 - 121945] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121896. For purposes of this chapter, “trainer” means any person who engages in the practice of training any attack, guard, or sentry dog. (Added by Stats. 2001, Ch. 377, Sec. 3. Effective January 1, 2002.)
  94. 1219.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2. Administration [1212 - 1220.2] ( Article 2 added by Stats. 1978, Ch. 1147. )

    Verify source ↗

    The department may issue only a provisional license to a previously unlicensed clinic, except for affiliate clinics. A provisional license ends after six months, and the department must inspect the clinic within 30 days before that end date.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2. Administration [1212 - 1220.2] ( Article 2 added by Stats. 1978, Ch. 1147. ) ## 1219. (a) Except for affiliate clinics, as defined in Section 1218.1, if a clinic or an applicant for a license has not been previously licensed, the department may only issue a provisional license to the clinic as provided in this section. (b) A provisional license to operate a clinic shall terminate six months from the date of issuance. (c) Within 30 days prior to the termination of a provisional license, the department shall give the clinic a full and complete inspection, and, if the clinic meets all applicable requirements for licensure, a regular license shall be issued. If the clinic does not meet the requirements for licensure but has made substantial progress towards meeting such requirements, as determined by the department, the initial provisional license shall be renewed for six months. (d) If the department determines that there has not been substantial progress towards meeting licensure requirements at the time of the first full inspection provided by this section, or, if the department determines upon its inspection made within 30 days of the termination of a renewed provisional license that there is a lack of full compliance with such requirements, no further license shall be issued. (e) If an applicant for a provisional license to operate a clinic has been denied by the department, the applicant may contest the denial by filing a statement of issues, as provided in Section 11504 of the Government Code. The proceedings to review the denial shall be conducted pursuant to the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2008, Ch. 90, Sec. 1. Effective January 1, 2009.)
  95. 1219.1.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2. Administration [1212 - 1220.2] ( Article 2 added by Stats. 1978, Ch. 1147. )

    Verify source ↗

    The state department may issue a provisional license to a clinic if the listed conditions are met, and the license cannot be renewed.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2. Administration [1212 - 1220.2] ( Article 2 added by Stats. 1978, Ch. 1147. ) ## 1219.1. (a) The state department may issue a provisional license to a clinic if: (1) The clinic and the applicant for licensure substantially meet the standards specified by this chapter and regulations adopted pursuant to this chapter. (2) No violation of this chapter or regulations adopted under this chapter exists in the clinic which jeopardizes the health or safety of patients. (3) The applicant has adopted a plan for correction of any existing violations which is satisfactory to the state department. (b) A provisional license issued under this section shall expire not later than six months after the date of issuance, or at such earlier time as determined by the state department at the time of issuance, and may not be renewed. (Added by Stats. 1987, Ch. 1456, Sec. 2.)
  96. 121900.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Animal Control [121875 - 121945] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This section defines “dog handler” for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Animal Control [121875 - 121945] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121900. For the purposes of this chapter “dog handler” means any person trained in the handling of dogs whose training includes the care, feeding, and maintenance of dogs, and the procedures necessary to control the behavior of a dog subject to this chapter. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  97. 121905.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Animal Control [121875 - 121945] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    For this chapter, “hire” includes renting or leasing a dog’s services, with or without a dog handler, and selling a dog with an option to repurchase.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Animal Control [121875 - 121945] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121905. For the purposes of this chapter “hire” shall include, but not be limited to, the renting or leasing of the services of a dog with or without a dog handler, or the sale of a dog with an option to repurchase. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  98. 121906.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Animal Control [121875 - 121945] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This section defines “person” to include individuals and a wide range of business and legal entities.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Animal Control [121875 - 121945] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121906. “Person” means any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity. (Added by Stats. 2001, Ch. 377, Sec. 4. Effective January 1, 2002.)
  99. 121907.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Animal Control [121875 - 121945] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    “Owner” means a person who has purchased or obtained legal custody of an attack, guard, or sentry dog.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Animal Control [121875 - 121945] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121907. “Owner” means any person who has purchased, or obtained legal custody of, an attack, guard, or sentry dog. (Added by Stats. 2001, Ch. 377, Sec. 5. Effective January 1, 2002.)
  100. 121910.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Animal Control [121875 - 121945] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Each sentry dog company must register each dog it handles that is subject to this chapter with local law enforcement and the responsible fire department.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Animal Control [121875 - 121945] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121910. Each sentry dog company shall register each dog subject to this chapter that it handles with the local law enforcement agency and with the state, city, county, or district fire department that has the responsibility for the prevention and suppression of fires in the area where the sentry dog company is located. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  101. 121915.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Animal Control [121875 - 121945] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    A sentry dog company must mail notice to the local law enforcement agency and fire department no later than 15 days before sending a dog on an assignment, and those agencies must keep a file of the assignments.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Animal Control [121875 - 121945] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121915. Each sentry dog company that handles a dog subject to this chapter shall notify the appropriate local law enforcement agency and the appropriate fire department by mail not more than 15 days before a dog is sent on an assignment of the location and duration of the assignment. The local law enforcement agency and fire department shall maintain a file of the assignments. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  102. 121916.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Animal Control [121875 - 121945] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Businesses that sell, rent, or train attack, guard, or sentry dogs must get a permit from the local public agency or its contracting animal-care provider. Local agencies must run a permit program and may charge a fee limited to actual implementation costs.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Animal Control [121875 - 121945] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121916. (a) Any person or owner of an attack, guard, or sentry dog that operates or maintains a business to sell, rent, or train an attack, guard, or sentry dog shall obtain a permit from the local public agency or private society or animal shelter contracting with the local public agency for animal care or protection services. (b) Each local agency shall adopt and implement a permit program for the administration of subdivision (a) by the local agency or private society or animal shelter contracting with the local public agency for animal care or protection services. A local agency may charge a fee for the issuance or renewal of a permit required under this section. The fee shall not exceed the actual costs for the implementation of the permit program. (c) For purposes of this section, “local public agency” means a city, county, or city and county. (Amended by Stats. 2019, Ch. 7, Sec. 14. (AB 1553) Effective January 1, 2020.)
  103. 121917.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Animal Control [121875 - 121945] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. )

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    Applicants and permittees must provide animal and contact information, report changes, and keep a transaction register; the local public agency may set a maximum number of animals.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Animal Control [121875 - 121945] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121917. (a) An applicant, when applying for a permit pursuant to Section 121916, shall furnish the local public agency with a list of the types of animals to be kept or used for any purpose, with the estimated maximum number of animals to be kept. (b) An applicant shall furnish the local public agency with the name and the telephone number of a responsible person who has access to the animals and who can be reached during an emergency. (c) An applicant shall notify the local public agency when any animal for which a permit is required is kept or maintained. (d) The local public agency may establish the maximum number of animals to be kept or maintained on the premises. (e) Any permittee shall report in writing any change in address, ownership, or management to the local public agency at least 15 days prior to any change. (f) Any permittee shall maintain a register of the name and address of any person from whom any animal is received and to whom any animal is sold, traded, or given. This list shall be available to the local public agency representative upon demand. (Added by Stats. 2001, Ch. 377, Sec. 7. Effective January 1, 2002.)
  104. 121918.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Animal Control [121875 - 121945] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. )

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    A local public agency may adopt dog-welfare ordinances, and permittees must follow detailed animal-care rules.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Animal Control [121875 - 121945] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121918. For the protection and welfare of any dog under this chapter, the local public agency may adopt an ordinance to require or prohibit any of the following: (a) Any permittee shall supply each animal with sufficient, good, and wholesome food and water as often as the feeding habits of the animal requires. (b) Any permittee shall keep each animal and animal quarters in a clean and sanitary condition. (c) Any permittee shall provide each animal with proper shelter and protection from the weather at all times. An animal shall not be overcrowded or exposed to temperatures detrimental to the welfare of the animal. (d) Any permittee shall not allow any animal to be without care or control in excess of 12 consecutive hours. (e) Any permittee shall take every reasonable precaution to ensure that no animal is teased, abused, mistreated, annoyed, tormented, or in any manner made to suffer by any person or by any means. (f) Any permittee shall not maintain or allow any animal to exist in any manner that is, or could be, injurious to that animal. (g) Any permittee shall not give an animal any alcoholic beverage, unless prescribed by a veterinarian. (h) Animals that are natural enemies, temperamentally unsuited, or otherwise incompatible, shall not be quartered together or so near each other as to cause injury, fear, or torment. (i) Any tack equipment, device, substance, or material that is, or could be, injurious or cause unnecessary cruelty to any animal shall be prohibited. (j) The permittee shall keep or maintain animals confined at all times on the premises for which the permit has been issued, unless special permission to remove the animals has been obtained from the department. The permittee shall have full responsibility for recapturing any animal that escapes. (k) The permittee shall give proper rest periods to any working animal. Any confined or restrained animal shall be given exercise proper for the individual animal under the particular conditions. ( l) The permittee shall not work, use, or rent any animal that is overheated, weakened, exhausted, sick, injured, diseased, lame, or otherwise unfit. (m) No animal that the local public agency has suspended from use shall be worked or used until released by the local public agency. (n) The permittee shall display no animal bearing evidence of malnutrition, ill health, unhealed injury, or having been kept in an unsanitary condition. (o) The permittee shall keep or maintain each animal in a manner as may be prescribed to protect the public from the animal, and the animal from the public. (p) The local public agency may order any animal to be taken to a veterinarian for examination or treatment. (q) The permittee shall display no animal whose appearance is, or may be, offensive or contrary to public decency. (r) The permittee shall allow no animal to constitute or cause a hazard or be a menace to the health, peace, or safety of the community. (s) The permittee shall isolate at all times any sick or diseased animal from any healthy animal, and adequately segregate them so that the illness or disease will not be transmitted from one animal to another. In the case of pet shops, no sick, diseased, or injured animal defined by this chapter may be maintained on the premises for any purpose. Any sick or injured animal shall be isolated and given proper medical treatment. (t) The permittee shall immediately notify the owner of any animal held on consignment or boarded if the animal refuses to eat or drink beyond a reasonable period, is injured, becomes sick, or dies. In case of death, permittee shall retain the body for 12 hours after notification has been sent to the owner. (Added by Stats. 2001, Ch. 377, Sec. 8. Effective January 1, 2002.)
  105. 121919.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Animal Control [121875 - 121945] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. )

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    A local public agency may suspend or revoke a permit issued under this chapter if it finds the permittee made false statements, violated the chapter, violated an ordinance rule adopted under it, or committed another act that would justify denial of a license.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Animal Control [121875 - 121945] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121919. The local public agency may suspend or revoke a permit issued under this chapter if the local public agency determines that the permittee has done any of the following: (a) Made any false statement or given any false information in connection with an application for a license or a renewal or reinstatement thereof. (b) Violated any provisions of this chapter. (c) Violated any rule of an ordinance adopted pursuant to the authority contained in this chapter. (d) Committed any other act that would be grounds for denial of a license. (Added by Stats. 2001, Ch. 377, Sec. 9. Effective January 1, 2002.)
  106. 121920.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Animal Control [121875 - 121945] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. )

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    Owners or trainers of attack, guard, or sentry dogs must microchip the dog, register the owner’s identification, and keep an identification tag on the dog at all times.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Animal Control [121875 - 121945] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121920. (a) The owner or trainer of any attack, guard, or sentry dog shall ensure that the dog has been microchipped and the owner’s identification has been entered into a local or national registry. Each dog subject to this chapter shall, at all times, wear an identification tag. The identification tag shall be provided by the attack, guard, or sentry dog company furnishing the dog for hire. The identification tag shall contain, but not be limited to, the following information: The name of the dog. The name, address, and telephone number of the attack, guard, or sentry dog company furnishing the dog for hire. Any telephone number so provided shall be to a telephone that is manned by a person 24 hours per day every day of the year so that calls from the public may be received and answered. (b) The identification tag required by this section shall be in addition to any tag required or issued by any agency of government to show that a dog has been immunized or inoculated against disease. (Amended by Stats. 2001, Ch. 377, Sec. 10. Effective January 1, 2002.)
  107. 121921.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Animal Control [121875 - 121945] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. )

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    A person may not sell, give away, or let out for hire a guard, attack, or sentry dog unless the dog has been immunized against distemper and rabies and has a current rabies vaccination certificate from a licensed veterinarian.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Animal Control [121875 - 121945] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121921. No person shall sell, give away, or let for hire any guard, attack, or sentry dog unless the following requirements have been met: (a) The dog has been immunized against distemper and rabies. (b) A certificate of rabies vaccination has been issued by a licensed veterinarian and is current and valid. (Added by Stats. 2001, Ch. 377, Sec. 11. Effective January 1, 2002.)
  108. 121925.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Animal Control [121875 - 121945] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. )

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    A dog covered by this chapter must be secured humanely when transported so it cannot reasonably escape.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Animal Control [121875 - 121945] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121925. Whenever a dog subject to this chapter is being transported anywhere, it shall be well secured in a humane manner as will reasonably prevent its possible escape. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  109. 121930.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Animal Control [121875 - 121945] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. )

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    A dog handler must visit each covered dog at least once every 12 hours while it is on actual duty, and must fix any inadequate condition, surroundings, food, or water supply.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Animal Control [121875 - 121945] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121930. Each dog subject to this chapter shall, wherever and whenever the dog is kept when on actual duty, be visited by a dog handler at least once every 12 hours to insure that the dog’s physical condition, its surroundings, and its food and water supply are adequate, and if inadequate, the dog handler shall do whatever may be necessary to correct or remedy the situation. Such dog handler shall be either the owner of, or be employed by or under contract to, the sentry dog company that placed the dog on assignment. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  110. 121935.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Animal Control [121875 - 121945] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. )

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    A person may not bring or keep a sentry, tracker, or attack dog in public-facing business areas unless the dog is with a handler, and public venues must post warning signs at every entrance if such dogs are kept there.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Animal Control [121875 - 121945] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121935. (a) No person shall take a sentry dog or a tracker or attack dog into, or keep a sentry dog or a tracker or attack dog in, any portion of any business establishment that is open to the general public, unless any such dog is accompanied or kept by a dog handler. (b) No person shall keep any sentry dog or tracker or attack dog in any business establishment or any other place open to the general public at any time unless there is posted at every entrance of the business establishment or place a sign of sufficient size and design to warn persons that such a dog is used at the business establishment or place. (c) This section does not apply to dogs used and accompanied by peace officers or uniformed employees of private patrol operators and operators of a private patrol service who are licensed pursuant to Chapter 11.5 (commencing with Section 7580) of Division 3 of the Business and Professions Code, while employees are acting within the course and scope of their employment as private patrolmen. (d) This section does not apply to any dog handler or his or her dog while training the dog or another dog handler. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  111. 121940.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Animal Control [121875 - 121945] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. )

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    Violating most provisions of this chapter can trigger a civil penalty of up to $1,000 per violation.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Animal Control [121875 - 121945] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121940. (a) Except as otherwise specified in this chapter, any person violating any provision of this chapter, other than Section 121945, shall be subject to a civil penalty of up to one thousand dollars ($1,000) per violation. The action pursuant to this chapter may be prosecuted in the name of the people of the State of California by the district attorney for the county in which the violation occurred and in the appropriate court, or by the city attorney in the city in which the violation occurred and in the appropriate court. (b) Nothing in this chapter limits or authorizes any act or omission that violates Section 5971 of the Penal Code. (Amended by Stats. 2001, Ch. 377, Sec. 12. Effective January 1, 2002.)
  112. 121945.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Animal Control [121875 - 121945] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    People or owners who violate this chapter can face civil fines and temporary bans on selling, renting, leasing, or training attack, guard, or sentry dogs, with higher penalties for repeat offenses.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Animal Control [121875 - 121945] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121945. In lieu of the civil penalties imposed pursuant to Section 121940, any person or owner who violates this chapter shall be subject to a civil penalty of up to one thousand dollars ($1,000), or shall be prohibited from selling, renting, leasing, or training any attack, guard, or sentry dog for up to 30 days, or both. For a second offense, the person or owner shall be subject to a civil penalty of up to two thousand five hundred dollars ($2,500), or a prohibition from selling, renting, leasing, or training any attack, guard, or sentry dog for up to 90 days, or both. For a third offense, the person or owner shall be subject to a civil penalty of up to five thousand dollars ($5,000) or a prohibition from selling, renting, leasing, or training any attack, guard, or sentry dog for up to six months, or both. For a fourth or any subsequent offense, the person or owner shall be subject to a civil penalty of up to ten thousand dollars ($10,000) or a prohibition from selling, renting, leasing, or training any attack, guard, or sentry dog for up to one year, or both. For purposes of this section, a violation that occurred over five years prior to the most recent violation shall not be considered. An action for recovery of the civil penalty and for a court order enjoining a person or owner from engaging in the business of selling, renting, leasing, or training any attack, guard, or sentry dog for the period set forth in this section, may be prosecuted by the district attorney for the county where the violation occurred, or the city attorney for the city where the violation occurred, in the appropriate court. (Added by Stats. 2001, Ch. 377, Sec. 13. Effective January 1, 2002.)
  113. 1220.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2. Administration [1212 - 1220.2] ( Article 2 added by Stats. 1978, Ch. 1147. )

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    The state department must notify an applicant in writing when a license, special permit, or renewal is denied, and the applicant may request a hearing within 15 days after notice is mailed.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2. Administration [1212 - 1220.2] ( Article 2 added by Stats. 1978, Ch. 1147. ) ## 1220. Immediately upon the denial of any application for a license or special permit or a renewal thereof, the state department shall notify the applicant in writing. Within 15 days after the state department mails the notice, the applicant may present his written petition for a hearing to the state department. Upon receipt by the state department of the petition in proper form, such petition shall be set for hearing. The proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the state department has all powers granted therein. The director may issue a temporary license to operate a community clinic or free clinic when the director determines that the facility is in compliance with the provisions of this chapter, except that the facility has applied for but not yet been granted an exemption from federal taxation as required by subdivision (a) of Section 1204. In such cases, the prospective licensee shall submit to the director a copy of its application for exemption from federal taxation which it has sent to the federal Internal Revenue Service. The director shall request the Franchise Tax Board to review the application and to render an opinion regarding whether it is likely that the exemption will be granted. If the Franchise Tax Board so determines, the director may proceed to issue a temporary license. Such temporary license shall expire 12 months from the date of its issuance or upon the facility being granted such exemption from federal taxation. The director shall issue no more than three successive temporary licenses to one facility. (Added by Stats. 1978, Ch. 1147.)
  114. 1220.1.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2. Administration [1212 - 1220.2] ( Article 2 added by Stats. 1978, Ch. 1147. )

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    A licensure application or issued license under this chapter cannot be denied, suspended, revoked, or otherwise limited just because of another state’s judgment, conviction, or discipline if it rests only on that state’s law interfering with access to sensitive services that would be lawful in California.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2. Administration [1212 - 1220.2] ( Article 2 added by Stats. 1978, Ch. 1147. ) ## 1220.1. (a) An application for licensure made pursuant to this chapter shall not be denied, nor shall any license issued pursuant to this chapter be suspended, revoked, or otherwise limited, on the basis of a civil judgment, criminal conviction, or disciplinary action imposed by another state if that judgment, conviction, or disciplinary action is based solely on the application of another state’s law that interferes with a person’s right to receive sensitive services that would be lawful if provided in this state. (b) This section does not apply to a civil judgment, criminal conviction, or disciplinary action imposed by another state based upon conduct in another state that would subject an applicant, licensee, or health care practitioner subject to this division to a similar claim, charge, or action under the laws of this state. (c) For purposes of this section, “sensitive services” has the same meaning as in Section 56.05 of the Civil Code. (Added by Stats. 2023, Ch. 258, Sec. 3. (AB 1707) Effective January 1, 2024.)
  115. 1220.2.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2. Administration [1212 - 1220.2] ( Article 2 added by Stats. 1978, Ch. 1147. )

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    This section bars certain state and local actions against licensees based on lawful mifepristone or medication-abortion drug activity.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2. Administration [1212 - 1220.2] ( Article 2 added by Stats. 1978, Ch. 1147. ) ## 1220.2. (a) Notwithstanding any other state law, and consistent with Sections 1 and 1.1 of Article I of the California Constitution, an individual or state or local officer shall not commence a criminal, civil, professional discipline, or licensing action against a licensee concerning the transport, distribution, delivery, receipt, acquisition, sale, possession, furnishment, dispensation, repackaging, or storage of brand name or generic mifepristone or any drug used for medication abortion that is lawful under the laws of the state. (b) The department shall not suspend a license, revoke a license, or otherwise take disciplinary action against a licensee solely on the basis that the licensee transported, distributed, delivered, received, acquired, sold, possessed, furnished, dispensed, repackaged, or stored brand name or generic mifepristone or any drug used for medication abortion that is lawful under the laws of the state. (c) The department shall not deny an application for licensure, or suspend a license, revoke a license, or otherwise impose discipline upon a licensee solely because the licensee is licensed in another state and was convicted or disciplined in that state solely for an activity related to brand name or generic mifepristone or any drug used for medication abortion that, if performed in this state, would not be grounds for denial, suspension, revocation, or other discipline. (Added by Stats. 2025, Ch. 136, Sec. 13. (AB 260) Effective September 26, 2025.)
  116. 122045.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 1. Sale of Dogs by Breeders [122045 - 122110] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Dog breeders covered by this article must comply with it, and the article does not apply to certain pet dealers, shelters, humane societies, or rescue organizations.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 1. Sale of Dogs by Breeders [122045 - 122110] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 122045. (a) This article shall be known and may be cited as the Polanco-Lockyer Pet Breeder Warranty Act. (b) Every breeder of dogs shall comply with this article. As used in this article, “dog breeder,” or “breeder” means a person, firm, partnership, corporation, or other association that has sold, transferred, or given away all or part of three or more litters or 20 or more dogs during the preceding 12 months that were bred and reared on the premises of the person, firm, partnership, corporation, or other association. (c) For the purposes of this article, “purchaser” means any person who purchases a dog from a breeder. (d) This article shall not apply to pet dealers regulated under Article 2 (commencing with Section 122125), or to publicly operated animal shelters, humane societies, or privately operated rescue organizations. (Amended by Stats. 2019, Ch. 7, Sec. 15. (AB 1553) Effective January 1, 2020.)
  117. 122050.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 1. Sale of Dogs by Breeders [122045 - 122110] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Dog breeders must give each purchaser a written disclosure with specified dog and health information, and both breeder and purchaser must sign it; medical information must also be stated orally.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 1. Sale of Dogs by Breeders [122045 - 122110] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 122050. (a) Every breeder of dogs shall deliver to each purchaser of a dog a written disclosure containing all of the following: (1) The breeder’s name and address. If the breeder is a dealer licensed by the United States Department of Agriculture, the federal dealer identification number shall also be indicated. (2) The date of the dog’s birth and the date the breeder received the dog. If the dog is not advertised or sold as purebred, registered, or registerable, the date of birth may be approximated if not known by the breeder. (3) The breed, sex, color, and identifying marks at the time of sale, if any. If the dog is from a United States Department of Agriculture licensed source, the individual identifying tag, tattoo, or collar number for that animal. If the breed is unknown or mixed, the record shall so indicate. (4) If the dog is being sold as being capable of registration, the names and registration numbers of the sire and dam, and the litter number, if known. (5) A record of inoculations and worming treatments administered, if any, to the dog as of the time of sale, including dates of administration and the type of vaccine or worming treatment. (6) A record of any veterinarian treatment or medication received by the dog while in the possession of the breeder and either of the following: (A) A statement, signed by the breeder at the time of sale, that: (i) The dog has no known disease or illness. (ii) The dog has no known congenital or hereditary condition that adversely affects the health of the dog at the time of the sale or that is likely to adversely affect the health of the dog in the future. (B) A record of any known disease, illness, or congenital or hereditary condition that adversely affects the health of the dog at the time of sale, or that is likely to affect the health of the dog in the future, along with a statement signed by a veterinarian licensed in the State of California that authorizes the sale of the dog, recommends necessary treatment, if any, and verifies that the disease, illness, or condition does not require hospitalization or nonelective surgical procedures, nor is it likely to require hospitalization or nonelective surgical procedures in the future. A veterinarian statement is not required for intestinal or external parasites unless their presence makes the dog clinically ill or is likely to make the dog clinically ill. The statement shall be valid for seven days following examination of the dog by the veterinarian. (b) The written disclosure made pursuant to this section shall be signed by both the breeder certifying the accuracy of the statement, and by the purchaser of the dog acknowledging receipt of the statement. (c) In addition, all medical information required to be disclosed pursuant to this section shall be made orally by the breeder to the purchaser. (d) For purposes of this article, a disease, illness, or congenital or hereditary condition that adversely affects the health of the dog at the time of sale, or is likely to adversely affect the health of the dog in the future, shall be one that is apparent at the time of sale or that should have been known by the breeder from the history of veterinary treatment disclosed pursuant to this section. (e) For the purpose of this article, “nonelective surgical procedure” means a surgical procedure that is necessary to preserve or restore the health of the dog, to prevent the dog from experiencing pain or discomfort, or to correct a condition that would otherwise interfere with the dog’s ability to walk, run, jump, or otherwise function in a normal manner. (f) For the purposes of this article, “clinically ill” means an illness that is apparent to a veterinarian based on observation, examination, or testing of the dog, or upon a review of the medical records relating to the dog. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  118. 122055.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 1. Sale of Dogs by Breeders [122045 - 122110] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    A breeder must keep a written record for each dog about its health, status, and disposition for at least one year after the dog is disposed of.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 1. Sale of Dogs by Breeders [122045 - 122110] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 122055. A breeder shall maintain a written record on the health, status, and disposition of each dog for a period of not less than one year after disposition of the dog. The record shall also include all of the information that the breeder is required to disclose pursuant to Section 122050. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  119. 122060.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 1. Sale of Dogs by Breeders [122045 - 122110] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Breeders generally may not knowingly sell dogs that are diseased, ill, or have a condition requiring hospitalization or nonelective surgery.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 1. Sale of Dogs by Breeders [122045 - 122110] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 122060. Except as provided for in paragraph (6) of subdivision (a) of Section 122050, no breeder shall knowingly sell a dog that is diseased, ill or has a condition, any one of which that requires hospitalization or nonelective surgical procedures. In lieu of the civil penalties imposed pursuant to Section 122110, any breeder who violates this section shall be subject to a civil penalty of up to one thousand dollars ($1,000), or shall be prohibited from selling dogs for up to 30 days, or both. If there is a second offense, the breeder shall be subject to a civil penalty of up to two thousand five hundred dollars ($2,500), or a prohibition from selling dogs for up to 90 days, or both. For a third offense, the breeder shall be subject to a civil penalty of up to five thousand dollars ($5,000), or a prohibition from selling dogs for up to six months, or both. For a fourth and subsequent offense, the breeder shall be subject to a civil penalty of up to ten thousand dollars ($10,000) or a prohibition from selling dogs for up to one year, or both. For the purpose of this section, a violation that occurred over five years prior to the most recent violation shall not be considered. An action for recovery of the civil penalty and for a court order enjoining the breeder from engaging in the business of selling dogs at retail for the period set forth in this section, may be prosecuted by the district attorney for the county in which the violation occurred, or the city attorney for the city in that the violation occurred, in the appropriate court. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  120. 122065.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 1. Sale of Dogs by Breeders [122045 - 122110] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Breeders must meet listed dog care and hygiene requirements, including sanitary facilities, food and water, space, socialization, hand washing, and prompt veterinary care.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 1. Sale of Dogs by Breeders [122045 - 122110] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 122065. It shall be unlawful for a breeder to fail to do any of the following: (a) Maintain facilities where the dogs are kept in a sanitary condition. (b) Provide dogs with adequate nutrition and potable water. (c) Provide adequate space appropriate to the age, size, weight, and breed of dog. For purposes of this subdivision, “adequate space” means sufficient space for the dog to stand up, sit down, and turn about freely using normal body movements, without the head touching the top of the cage, and to lie in a natural position. (d) Provide dogs with a rest board, floormat, or similar device that can be maintained in a sanitary condition. (e) Provide dogs with adequate socialization and exercise. For the purpose of this article, “socialization” means physical contact with other dogs and with human beings. (f) Wash hands before and after handling each infectious or contagious dog. (g) Provide veterinary care without delay when necessary. (Amended by Stats. 2001, Ch. 350, Sec. 2. Effective January 1, 2002.)
  121. 122065.5.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 1. Sale of Dogs by Breeders [122045 - 122110] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    A breeder must not primarily house a dog on wire flooring.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 1. Sale of Dogs by Breeders [122045 - 122110] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 122065.5. It shall be unlawful for a breeder to primarily house a dog on wire flooring. (Added by Stats. 2001, Ch. 350, Sec. 3. Effective January 1, 2002.)
  122. 122070.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 1. Sale of Dogs by Breeders [122045 - 122110] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    If a veterinarian gives the required written statement, the breeder must give the purchaser the remedy the purchaser chooses, such as a refund, replacement dog, or keeping the dog with reimbursement of veterinary fees.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 1. Sale of Dogs by Breeders [122045 - 122110] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 122070. (a) If a licensed veterinarian states in writing that within 15 days after the purchaser has taken physical possession of a dog following the sale by a breeder, the dog has become ill due to any illness or disease that existed in the dog on or before delivery of the dog to the purchaser, or, if within one year after the purchaser has taken physical possession of the dog after the sale by a breeder, a veterinarian licensed in this state states in writing that the dog has a congenital or hereditary condition that adversely affects the health of the dog, or that requires, or is likely in the future to require, hospitalization or nonelective surgical procedures, the dog shall be considered unfit for sale, and the breeder shall provide the purchaser with any of the following remedies that the purchaser elects: (1) Return the dog to the breeder for a refund of the purchase price, plus sales tax, and reimbursement for reasonable veterinary fees for diagnosis and treating the dog in an amount not to exceed the original purchase price of the dog, including sales tax. (2) Exchange the dog for a dog of the purchaser’s choice of equivalent value, providing a replacement dog is available, and receive reimbursement for reasonable veterinary fees for diagnosis and treating the dog in an amount not to exceed the original purchase price of the dog, plus sales tax on the original purchase price of the dog. (3) Retain the dog, and receive reimbursement for reasonable veterinary fees for diagnosis and treating the dog in an amount not to exceed 150 percent of the original purchase price of the dog, plus sales tax. (b) If the dog has died, regardless of the date of death of the dog, obtain a refund for the purchase price of the dog, plus sales tax, or a replacement dog of equivalent value of the purchaser’s choice, and reimbursement for reasonable veterinary fees for diagnosis and treatment of the dog in an amount not to exceed the purchase price of the dog, plus sales tax, if any of the following conditions exist: (1) A veterinarian, licensed in this state, states in writing that the dog has died due to an illness or disease that existed within 15 days after the purchaser obtained physical possession of the dog after the sale by a breeder. (2) A veterinarian, licensed in this state, states in writing that the dog has died due to a congenital or hereditary condition that was diagnosed by the veterinarian within one year after the purchaser obtained physical possession of the dog after the sale by a breeder. (Amended by Stats. 2006, Ch. 538, Sec. 445. Effective January 1, 2007.)
  123. 122075.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 1. Sale of Dogs by Breeders [122045 - 122110] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This section creates a rebuttable presumption of illness at sale if the animal dies within 15 days after delivery, limits when parasite findings can be used to declare a dog unfit for sale, and explains when veterinary service charges are treated as reasonable.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 1. Sale of Dogs by Breeders [122045 - 122110] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 122075. (a) There shall be a rebuttable presumption that an illness existed at the time of sale if the animal dies within 15 days of delivery to the purchaser. (b) For purposes of Section 122070, a finding by a veterinarian of intestinal or external parasites shall not be grounds for declaring a dog unfit for sale unless their presence makes the dog clinically ill or is likely to make the dog clinically ill. (c) For purposes of Section 122070, the value of veterinary services shall be deemed reasonable if the services rendered are appropriate for the diagnosis and treatment of illness or congenital or hereditary condition made by the veterinarian and the value of the services is comparable to the value of similar services rendered by other licensed veterinarians in proximity to the treating veterinarian. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  124. 122080.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 1. Sale of Dogs by Breeders [122045 - 122110] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    A purchaser must meet notice, statement, and return requirements to use the remedies for a sick, injured, or deceased dog.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 1. Sale of Dogs by Breeders [122045 - 122110] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 122080. To obtain the remedies provided for in Section 122070, the purchaser shall substantially comply with all of the following requirements: (a) Notify the breeder as soon as possible but no later than five days of the diagnosis by a veterinarian licensed in this state of a medical or health problem, including a congenital or hereditary condition and of the name and telephone number of the veterinarian providing the diagnosis. (b) Return the dog to the breeder, in the case of illness or congenital or hereditary condition, along with a written statement from a veterinarian licensed in this state, stating the dog to be unfit for purchase due to illness, a congenital or hereditary condition, or the presence of symptoms of a contagious or infectious disease, that existed on or before delivery of the dog to the purchaser, and that adversely affects the health of the dog. The purchaser shall return the dog along with a copy of the veterinarian’s statement as soon as possible but no later than five days of receipt of the veterinarian’s statement. (c) Provide the breeder, in the event of death, with a written statement from a veterinarian licensed in this state stating that the dog died from an illness that existed on or before the delivery of the dog to the purchaser. The presentation of the statement shall be sufficient proof to claim reimbursement or replacement and the return of the deceased dog to the breeder shall not be required. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  125. 122085.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 1. Sale of Dogs by Breeders [122045 - 122110] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Veterinary fees may not be refunded, replaced, or reimbursed under Section 122070 when specified conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 1. Sale of Dogs by Breeders [122045 - 122110] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 122085. No refund, replacement, or reimbursement of veterinary fees shall be made under Section 122070 if any of the following conditions exist: (a) The illness, condition, or death resulted from maltreatment or neglect or from an injury sustained or an illness or condition contracted subsequent to the delivery of the dog to the purchaser. (b) The purchaser fails to carry out the recommended treatment prescribed by the examining veterinarian who made the initial diagnosis. However, this subdivision shall not apply if the cost for the treatment together with the veterinarian’s fee for the diagnosis would exceed the purchase price of the dog, plus sales tax. (c) A veterinarian’s statement was provided to the purchaser pursuant to subparagraph (B) of paragraph (6) of subdivision (a) of Section 122050 that disclosed the disease, illness, or condition for which the purchaser seeks to return the dog. However, this subdivision shall not apply if, within one year after the purchaser took physical possession of the dog, a veterinarian licensed in this state states in writing that the disease, illness, or condition requires, or is likely in the future to require, hospitalization or nonelective surgical procedures or that the disease, illness, or condition resulted in the death of the dog. (d) The purchaser refuses to return to the breeder all documents previously provided to the purchaser for the purpose of registering the dog. This subdivision shall not apply if the purchaser signs a statement certifying that the documents have been inadvertently lost or destroyed. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  126. 122090.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 1. Sale of Dogs by Breeders [122045 - 122110] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The breeder must pay refunds and reimbursable veterinary expenses to the purchaser within 10 business days, unless the payment is contested.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 1. Sale of Dogs by Breeders [122045 - 122110] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 122090. (a) The veterinarian’s statement pursuant to Section 122070 shall contain all of the following information: (1) The purchaser’s name and address. (2) The date or dates the dog was examined. (3) The breed and age of the dog, if known. (4) That the veterinarian examined the dog. (5) That the dog has or had disease, illness, or a hereditary or congenital condition, as described in Section 122050 that renders it unfit for purchase or resulted in its death. (6) The precise findings of the examination or necropsy, including laboratory results or copies of laboratory reports. (b) If a refund for reasonable veterinary expenses is being requested, the veterinarian’s statement shall be accompanied by an itemized bill of fees appropriate for the diagnosis and treatment of the illness or congenital or hereditary condition. (c) Refunds and payment of reimbursable expenses provided for in Section 122070 shall be paid, unless contested, by the breeder to the purchaser not later than 10 business days following receipt of the veterinarian’s statement required by Section 122070 or, where applicable, not later than 10 business days after the date on that the dog is returned to the breeder. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  127. 122095.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 1. Sale of Dogs by Breeders [122045 - 122110] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    A breeder disputing certain remedy demands may require the purchaser to present the dog for a veterinarian exam, except when the dog has died, and the breeder must pay for that exam.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 1. Sale of Dogs by Breeders [122045 - 122110] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 122095. (a) In the event that a breeder wishes to contest a demand for any of the remedies specified in Section 122070, the breeder may, except in the case of the death of the dog, require the purchaser to produce the dog for examination by a licensed veterinarian designated by the breeder. The breeder shall pay the cost of this examination. (b) If the purchaser and the breeder are unable to reach an agreement within 10 business days following receipt by the breeder of the veterinarian’s statement pursuant to Section 122070, or following receipt of the dog for examination by a veterinarian designated by the breeder, whichever is later, the purchaser may initiate an action in a court of competent jurisdiction to resolve the dispute or the parties may submit to binding arbitration if mutually agreed upon by the parties in writing. (c) The prevailing party in the dispute shall have the right to collect reasonable attorney’s fees if the other party acted in bad faith in seeking or denying the requested remedy. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  128. 1221.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2.5. Licensing of Clinics [1221 - 1221.19] ( Article 2.5 added by Stats. 2001, Ch. 525, Sec. 2. )

    Verify source ↗

    This section defines “Centralized applications unit” and “Clinic” for this article.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2.5. Licensing of Clinics [1221 - 1221.19] ( Article 2.5 added by Stats. 2001, Ch. 525, Sec. 2. ) ## 1221. For purposes of this article, the following definitions shall apply: (a) “Centralized applications unit” means the centralized applications unit in the Licensing and Certification Division of the State Department of Health Services, or a successor entity. (b) “Clinic” means nonprofit primary care clinics, nonprofit community health centers, nonprofit community clinics, and free clinics. (Added by Stats. 2001, Ch. 525, Sec. 2. Effective January 1, 2002.)
  129. 1221.05.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2.5. Licensing of Clinics [1221 - 1221.19] ( Article 2.5 added by Stats. 2001, Ch. 525, Sec. 2. )

    Verify source ↗

    Starting July 1, 2002, all new clinic license applications must be reviewed by the centralized applications unit.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2.5. Licensing of Clinics [1221 - 1221.19] ( Article 2.5 added by Stats. 2001, Ch. 525, Sec. 2. ) ## 1221.05. Commencing July 1, 2002, all new applications for licenses for clinics shall be reviewed by the centralized applications unit. (Added by Stats. 2001, Ch. 525, Sec. 2. Effective January 1, 2002.)
  130. 1221.09.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2.5. Licensing of Clinics [1221 - 1221.19] ( Article 2.5 added by Stats. 2001, Ch. 525, Sec. 2. )

    Verify source ↗

    The centralized applications unit must work with clinic-advocacy organizations to streamline application forms and clarify what information is needed for a completed application.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2.5. Licensing of Clinics [1221 - 1221.19] ( Article 2.5 added by Stats. 2001, Ch. 525, Sec. 2. ) ## 1221.09. Commencing January 1, 2002, the centralized applications unit shall work with organizations that are among and advocate on behalf of, clinics to streamline application forms and clarify information needed to qualify as completed. (Added by Stats. 2001, Ch. 525, Sec. 2. Effective January 1, 2002.)
  131. 1221.11.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2.5. Licensing of Clinics [1221 - 1221.19] ( Article 2.5 added by Stats. 2001, Ch. 525, Sec. 2. )

    Verify source ↗

    The Licensing and Certification Division must provide applicants with a telephone number to verify receipt of their application, starting January 1, 2002.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2.5. Licensing of Clinics [1221 - 1221.19] ( Article 2.5 added by Stats. 2001, Ch. 525, Sec. 2. ) ## 1221.11. Commencing January 1, 2002, a telephone number shall be provided for applicants to verify receipt of their application by the Licensing and Certification Division. (Added by Stats. 2001, Ch. 525, Sec. 2. Effective January 1, 2002.)
  132. 1221.13.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2.5. Licensing of Clinics [1221 - 1221.19] ( Article 2.5 added by Stats. 2001, Ch. 525, Sec. 2. )

    Verify source ↗

    New applications sent to the centralized applications unit must be reviewed for completeness within two weeks, and minor issues must be resolved directly with the applicant.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2.5. Licensing of Clinics [1221 - 1221.19] ( Article 2.5 added by Stats. 2001, Ch. 525, Sec. 2. ) ## 1221.13. All new applications submitted to the centralized applications unit shall be reviewed within two weeks for completeness. The centralized applications unit shall resolve minor issues directly with the applicant. (Added by Stats. 2001, Ch. 525, Sec. 2. Effective January 1, 2002.)
  133. 1221.15.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2.5. Licensing of Clinics [1221 - 1221.19] ( Article 2.5 added by Stats. 2001, Ch. 525, Sec. 2. )

    Verify source ↗

    The Licensing and Certification Division must assign specialized surveyors in each of four regions, the program must cross-train more staff, and completed packages must be scheduled for survey within 30 days of receipt starting January 1, 2002.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2.5. Licensing of Clinics [1221 - 1221.19] ( Article 2.5 added by Stats. 2001, Ch. 525, Sec. 2. ) ## 1221.15. (a) Commencing January 1, 2002, the Licensing and Certification Division shall designate at least one surveyor in each of the four regions to specialize in clinic surveys and complaint investigations. The program shall cross-train additional staff in this specialty. (b) Commencing January 1, 2002, all completed packages forwarded by the centralized applications unit to the regional clinic specialists shall be scheduled for survey within 30 days of receipt. (Added by Stats. 2001, Ch. 525, Sec. 2. Effective January 1, 2002.)
  134. 1221.17.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2.5. Licensing of Clinics [1221 - 1221.19] ( Article 2.5 added by Stats. 2001, Ch. 525, Sec. 2. )

    Verify source ↗

    The Licensing and Certification Program training unit must work with clinic-related organizations to develop a training curriculum on clinic specialization, including rural clinic needs.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2.5. Licensing of Clinics [1221 - 1221.19] ( Article 2.5 added by Stats. 2001, Ch. 525, Sec. 2. ) ## 1221.17. The Licensing and Certification Program training unit shall work with organizations that are among and advocate on behalf of clinics and other stakeholders to develop a training curriculum on clinic specialization, including the special needs of rural clinics. (Added by Stats. 2001, Ch. 525, Sec. 2. Effective January 1, 2002.)
  135. 1221.19.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2.5. Licensing of Clinics [1221 - 1221.19] ( Article 2.5 added by Stats. 2001, Ch. 525, Sec. 2. )

    Verify source ↗

    The department must routinely review the centralized applications unit and regional offices starting January 31, 2003.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2.5. Licensing of Clinics [1221 - 1221.19] ( Article 2.5 added by Stats. 2001, Ch. 525, Sec. 2. ) ## 1221.19. The centralized applications unit and regional offices shall be routinely reviewed by the department beginning January 31, 2003, to determine if applications for clinic licenses are processed in a timely and effective manner. (Added by Stats. 2001, Ch. 525, Sec. 2. Effective January 1, 2002.)
  136. 122100.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 1. Sale of Dogs by Breeders [122045 - 122110] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Dog breeders must give buyers a separate written notice of rights, in 10-point type, and buyers must follow notice and claim deadlines to use the dog-remedy process.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 1. Sale of Dogs by Breeders [122045 - 122110] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 122100. Every breeder that sells a dog shall provide the purchaser at the time of sale, and a prospective purchaser upon request, with a written notice of rights, setting forth the rights provided for under this section. The notice shall be contained in a separate document. The written notice of rights shall be in 10-point type. A copy of the written notice of rights shall be signed by the purchaser acknowledging that he or she has reviewed the notice. The notice shall state the following: “A STATEMENT OF CALIFORNIA LAW GOVERNING THE SALE OF DOGS The sale of dogs is subject to consumer protection regulation. In the event that a California licensed veterinarian states in writing that your dog is unfit for purchase because it became ill due to an illness or disease that existed within 15 days following delivery to you, or within one year in the case of congenital or hereditary condition, you may choose one of the following: (1) Return your dog and receive a refund of the purchase price, plus sales tax, and receive reimbursement for reasonable veterinarian fees up to the cost of the dog, plus sales tax. (2) Return your dog and receive a dog of your choice of equivalent value, providing a replacement dog is available, and receive reimbursement for reasonable veterinarian fees up to the cost of the dog, plus sales tax. (3) Keep the dog and receive reimbursement for reasonable veterinarian fees up to 150 percent of the original purchase price of the dog plus sales tax on the original purchase price of the dog. In the event your dog dies, you may receive a refund for the purchase price of the dog, plus sales tax, or a replacement dog of your choice, of equivalent value, and reimbursement for reasonable veterinary fees for the diagnosis and treatment of the dog, if a veterinarian, licensed in this state, states in writing that the dog has died due to an illness or disease that existed within 15 days after the purchaser obtained physical possession of the dog after the sale by a dog breeder, or states that the dog has died due to a congenital or hereditary condition that was diagnosed by the veterinarian within one year after the purchaser obtained physical possession of the dog after the sale by a dog breeder. These fees may not exceed the purchase price of the dog, plus sales tax. In order to exercise these rights, you must notify the dog breeder as quickly as possible but no later than five days after learning from your veterinarian that a problem exists. You must tell the dog breeder about the problem and give the dog breeder the name and telephone number of the veterinarian providing the diagnosis. If you are making a claim, you must also present to the dog breeder a written veterinary statement, in a form prescribed by law, that the animal is unfit for purchase and an itemized statement of all veterinary fees related to the claim. This information must be presented to the dog breeder no later than five days after you have received the written statement from the veterinarian. In the event that the dog breeder wishes to contest the statement or the veterinarian’s bill, the dog breeder may request that you produce the dog for examination by a licensed veterinarian of the dog breeder’s choice. The dog breeder shall pay the cost of this examination. In the event of death, the deceased dog need not be returned to the dog breeder if you submit a statement issued by a licensed veterinarian stating the cause of death. If the parties cannot resolve the claim within 10 business days following receipt of the veterinarian statement or the examination by the dog breeder’s veterinarian, whichever event occurs later, you may file an action in a court of competent jurisdiction to resolve the dispute. If a party acts in bad faith, the other party may collect reasonable attorney’s fees. If the dog breeder does not contest the matter, the dog breeder must make the refund or reimbursement no later than 10 business days after receiving the veterinary certification. This statement is a summary of key provisions of the consumer remedies available. California law also provides safeguards to protect dog breeders from abuse. If you have questions, obtain a copy of the complete relevant statutes. This notice shall be contained in a separate document. The written notice shall be in 10-point type. The notice shall be signed by the purchaser acknowledging that he or she has reviewed the notice. The dog breeder shall permit persons to review the written notice upon request. NOTE: This disclosure of rights is a summary of California law. The actual statutes are contained in Article 1 (commencing with Section 122045) of Chapter 5 of Part 6 of Division 105 of the Health and Safety Code.” (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  137. 122105.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 1. Sale of Dogs by Breeders [122045 - 122110] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 7. )

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    This section preserves a consumer’s other legal rights and remedies, allows the breeder and purchaser to agree on extra terms that do not conflict with the article, and makes any purchaser waiver of rights under the article invalid and unenforceable.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 1. Sale of Dogs by Breeders [122045 - 122110] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 122105. Nothing in this article shall in any way limit the rights or remedies that are otherwise available to a consumer under any other law. Nor shall this article in any way limit the breeder and the purchaser from agreeing between themselves upon additional terms and conditions that are not inconsistent with this article. However, any agreement or contract by a purchaser to waive any rights under this article shall be null and void and shall be unenforceable. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  138. 122110.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 1. Sale of Dogs by Breeders [122045 - 122110] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    People who violate this article, except Section 122060 and any other specified exception, can be fined up to $1,000 for each violation.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 1. Sale of Dogs by Breeders [122045 - 122110] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 122110. (a) Except as otherwise specified herein, any person violating any provision of this article other than Section 122060 shall be subject to civil penalty of up to one thousand dollars ($1,000) per violation. An 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 article limits or authorizes any act or omission that violates Section 597 l of the Penal Code. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  139. 1222.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2.6. Provider Enrollment for Clinics [1222- 1222.] ( Article 2.6 added by Stats. 2004, Ch. 449, Sec. 1. )

    Verify source ↗

    The department must create a process for primary care clinic applicants to optionally seek review for certain program participation at the same time as Medi-Cal enrollment and certification review.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2.6. Provider Enrollment for Clinics [1222- 1222.] ( Article 2.6 added by Stats. 2004, Ch. 449, Sec. 1. ) ## 1222. The department shall, on or before July 1, 2005, implement a process that allows an applicant for licensure as a primary care clinic, as defined in subdivision (a) of Section 1204, at the applicant’s option, to submit an application for review of the clinic’s qualifications for participation in any of the following programs simultaneous with any review for enrollment and certification as a provider in the Medi-Cal program, and if approved for participation in a program, to be enrolled or certified, or both, as a provider in the program, subsequent to certification and enrollment as a provider in the Medi-Cal program: (a) Medi-Cal Presumptive Eligibility under Section 14148.7 of the Welfare and Institutions Code. (b) Child Health and Disability Prevention Program provided for pursuant to Article 6 (commencing with Section 124025) of Chapter 3 of Part 2 of Division 106. (c) Perinatal Services Program provided for pursuant to Article 4.7 (commencing with Section 14148) of Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code. (d) Family Planning, Access, Care, and Treatment (Family PACT) Waiver Program provided for pursuant to subdivision (aa) of Section 14132 of the Welfare and Institutions Code. (Added by Stats. 2004, Ch. 449, Sec. 1. Effective January 1, 2005.)
  140. 122225.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 2.5. Sale of Dogs, Cats, and Rabbits [122225 - 122231] ( Article 2.5 added by Stats. 2025, Ch. 477, Sec. 1. )

    Verify source ↗

    This section defines three terms used in the article: “pet dealer,” “public animal control agency or shelter,” and “purchaser.”

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 2.5. Sale of Dogs, Cats, and Rabbits [122225 - 122231] ( Article 2.5 added by Stats. 2025, Ch. 477, Sec. 1. ) ## 122225. For purposes of this article, the following definitions apply: (a) “Pet dealer” has the same meaning as Section 122125. (b) “Public animal control agency or shelter” has the same meaning as defined in Section 122354.5. (c) “Purchaser” has the same meaning as defined in Section 122125. (Added by Stats. 2025, Ch. 477, Sec. 1. (AB 506) Effective January 1, 2026.)
  141. 122226.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 2.5. Sale of Dogs, Cats, and Rabbits [122225 - 122231] ( Article 2.5 added by Stats. 2025, Ch. 477, Sec. 1. )

    Verify source ↗

    Sellers of dogs, cats, or rabbits to purchasers in California must give the purchaser or recipient a written notice with the required source, health, and treatment information.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 2.5. Sale of Dogs, Cats, and Rabbits [122225 - 122231] ( Article 2.5 added by Stats. 2025, Ch. 477, Sec. 1. ) ## 122226. A person, pet dealer, or business that sells a dog, cat, or rabbit to a purchaser located in California shall provide a written notice to the purchaser or recipient of the dog, cat, or rabbit that states all of the following: (a) The original source of the dog, cat, or rabbit, including, but not limited to: (1) The breeder. (2) If applicable, the United States Department of Agriculture license number associated with the breeder. (3) The state that the dog, cat, or rabbit was born in. (4) If any of this information is unknown, the seller shall state that this information is unknown and shall provide any related information known by the seller, seller’s agents, or seller’s employees. The record shall contain a statement that the information is complete and true to the best of the seller’s knowledge. (b) A record of inoculations and worming treatments administered, if any, to the dog, cat, or rabbit as of the time of sale, including dates of administration and the type of vaccine or worming treatment. (c) A record of any veterinarian treatment or medication received by the dog, cat, or rabbit while in the possession of the person, pet dealer, or business and a statement, signed by the person, pet dealer, or business at the time of sale, containing the information required by paragraph (6) of subdivision (a) of Section 122050 relating to the dog, cat, or rabbit to be purchased. (Added by Stats. 2025, Ch. 477, Sec. 1. (AB 506) Effective January 1, 2026.)
  142. 122227.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 2.5. Sale of Dogs, Cats, and Rabbits [122225 - 122231] ( Article 2.5 added by Stats. 2025, Ch. 477, Sec. 1. )

    Verify source ↗

    A contract for transferring ownership of a dog, cat, or rabbit is void if it is arranged while the purchaser is in California and it includes or requires a nonrefundable deposit; if money was exchanged, the seller must refund it within 30 days after notice.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 2.5. Sale of Dogs, Cats, and Rabbits [122225 - 122231] ( Article 2.5 added by Stats. 2025, Ch. 477, Sec. 1. ) ## 122227. (a) A contract entered into on or after January 1, 2026, to transfer ownership of a dog, cat, or rabbit to a purchaser that is offered, negotiated, brokered, or otherwise arranged by a person, pet dealer, or business while the purchaser is located in California is void as against public policy if the contract includes or requires a nonrefundable deposit. (b) If money is exchanged pursuant to a contract that is void pursuant to this section, the seller shall refund the money to the purchaser within 30 days of receiving notice that the contract is void pursuant to this section without expectation of return of the contract subject. (Added by Stats. 2025, Ch. 477, Sec. 1. (AB 506) Effective January 1, 2026.)
  143. 122228.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 2.5. Sale of Dogs, Cats, and Rabbits [122225 - 122231] ( Article 2.5 added by Stats. 2025, Ch. 477, Sec. 1. )

    Verify source ↗

    Certain sellers may not offer contracts with terms that violate Sections 122226 or 122227, and affected purchasers may sue.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 2.5. Sale of Dogs, Cats, and Rabbits [122225 - 122231] ( Article 2.5 added by Stats. 2025, Ch. 477, Sec. 1. ) ## 122228. (a) A person, pet dealer, or business shall not offer a contract that contains a term that violates Section 122226 or 122227. (b) A person, pet dealer, or business who offers a contract that contains a term that violates Section 122226 or 122227 may be sued in any court of competent jurisdiction for the recovery of money exchanged pursuant to that contract, injunctive relief, and other remedies the court deems appropriate. (1) A purchaser affected by a violation of Section 122226 or 122227 may bring a civil action pursuant to this subdivision against the person, pet dealer, or business in violation of those sections. (2) A prevailing plaintiff in an action brought pursuant to this subdivision shall be entitled to reasonable attorney’s fees and costs. (c) The Attorney General, a county counsel, a district attorney, a city attorney, or a city prosecutor shall have the authority to enforce this article in an action brought in the name of the people of the State of California in any court of competent jurisdiction. The authority provided to a public prosecutor by this subdivision is not an exclusive remedy and does not affect any other relief or remedy provided by law. (Added by Stats. 2025, Ch. 477, Sec. 1. (AB 506) Effective January 1, 2026.)
  144. 122229.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 2.5. Sale of Dogs, Cats, and Rabbits [122225 - 122231] ( Article 2.5 added by Stats. 2025, Ch. 477, Sec. 1. )

    Verify source ↗

    This section says the article does not limit certain ownership-transfer contracts for animals, including transfers to or by a governmental agency and transfers of guide, signal, or service dogs.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 2.5. Sale of Dogs, Cats, and Rabbits [122225 - 122231] ( Article 2.5 added by Stats. 2025, Ch. 477, Sec. 1. ) ## 122229. This article does not limit a contract for the transfer of ownership of an animal to or by a governmental agency or the transfer of ownership of a guide, signal, or service dog, as defined in Section 54.1 of the Civil Code. (Added by Stats. 2025, Ch. 477, Sec. 1. (AB 506) Effective January 1, 2026.)
  145. 122230.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 2.5. Sale of Dogs, Cats, and Rabbits [122225 - 122231] ( Article 2.5 added by Stats. 2025, Ch. 477, Sec. 1. )

    Verify source ↗

    This article does not apply to a public animal control agency or shelter.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 2.5. Sale of Dogs, Cats, and Rabbits [122225 - 122231] ( Article 2.5 added by Stats. 2025, Ch. 477, Sec. 1. ) ## 122230. This article does not apply to a public animal control agency or shelter. (Added by Stats. 2025, Ch. 477, Sec. 1. (AB 506) Effective January 1, 2026.)
  146. 122231.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 2.5. Sale of Dogs, Cats, and Rabbits [122225 - 122231] ( Article 2.5 added by Stats. 2025, Ch. 477, Sec. 1. )

    Verify source ↗

    This article says it should not be read as changing the requirements in Articles 1, 2, 3, or 4 of the chapter.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 2.5. Sale of Dogs, Cats, and Rabbits [122225 - 122231] ( Article 2.5 added by Stats. 2025, Ch. 477, Sec. 1. ) ## 122231. Nothing in this article shall be construed as amending the requirements of Article 1, 2, 3, or 4 of this chapter. (Added by Stats. 2025, Ch. 477, Sec. 1. (AB 506) Effective January 1, 2026.)
  147. 122300.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 3. Dog Pedigree Registries [122300 - 122315] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This section defines “dog dealer,” “dog breeder,” and “dog pedigree registry” for this article.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 3. Dog Pedigree Registries [122300 - 122315] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 122300. For purposes of this article: (a) “Dog dealer” means any person, firm, partnership, corporation, or other association that engages in the acquisition of dogs for retail sale to the public. “Dog dealer” does not include duly incorporated nonprofit humane societies dedicated to the care of unwanted animals that make animals available for adoption, whether or not a fee for the adoption is charged, or pet dealers who do not in the normal course of business sell dogs, but who sometimes exhibit dogs for adoption. (b) “Dog breeder” means any person, firm, partnership, corporation, or other association that breeds and sells dogs at wholesale or retail. (c) “Dog pedigree registry” means any of various private agencies that serve to keep track of the breed, lineage, physical characteristics, and historical data regarding dogs that are registered with the agency. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  148. 122305.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 3. Dog Pedigree Registries [122300 - 122315] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Dog dealers who sell registered dogs or claim the dogs are registered or registerable must post a conspicuous notice near the dogs for sale, in at least 100-point type, with the required warning language.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 3. Dog Pedigree Registries [122300 - 122315] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 122305. Every dog dealer that sells registered dogs or that claims that the dogs being sold are registered or are registerable with a dog pedigree registry shall post conspicuously within close proximity to the dogs offered for sale, a notice containing the following language in at least 100-point type: “Pedigree registration does not assure proper breeding conditions, health, quality, or claims to lineage.” (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  149. 122310.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 3. Dog Pedigree Registries [122300 - 122315] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Dog dealers and dog breeders must give a fully completed pedigree-registry disclosure, and the retail purchaser must sign and date it.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 3. Dog Pedigree Registries [122300 - 122315] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 122310. (a) For every dog sold by a dog dealer or dog breeder that is sold with any representation that the dog is registered or registerable with a dog pedigree registry, the following fully completed disclosure shall be made, orally and in writing on a separate sheet from any other statements, including, but not limited to, the name of the dog dealer or breeder and the name of the relevant dog pedigree registry: “Disclosure by ## DOG PEDIGREE REGISTRATION DISCLOSURE Description of dog: ____________ ______________________ The dog you are purchasing is registered/registerable [circle one] with the __________ [enter name of registry]. Registration means only that __________ [enter name of registry] maintains information regarding the parentage and identity of this dog, it does not guarantee the quality or health of this dog, and it does not guarantee quality lineage. Since dog pedigree registries depend in large part on the honesty and accuracy of persons registering dogs, registration does not guarantee the accuracy of the lineage recorded nor that this dog is purebred. Acknowledged: ” Retail purchaser’s signature Date (b) The disclosure in subdivision (a) shall be signed and dated by the retail purchaser of the dog acknowledging receipt of a copy of the statement and the dog dealer or dog breeder shall retain a copy. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  150. 122315.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 3. Dog Pedigree Registries [122300 - 122315] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Dog dealers and dog breeders who fail to make the required disclosures can owe the retail purchaser civil damages equal to three times the dog’s cost.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 3. Dog Pedigree Registries [122300 - 122315] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 122315. (a) Any dog dealer or dog breeder who fails to comply with the disclosure requirements in Section 122305 or 122310, as the case may be, shall be liable to the retail purchaser for civil damages in an amount equal to three times the cost of the dog. Claim for payment under this section shall be made within one year from the date of purchase of the dog. (b) The remedies provided in this section shall be in addition to any other remedies or penalties authorized by other provisions of law. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  151. 122317.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 4. Emotional Support Animals [122317 - 122319.5] ( Article 4 added by Stats. 2021, Ch. 168, Sec. 1. )

    Verify source ↗

    Businesses or persons selling emotional support dogs or related items must give buyers a written notice, and the notice must be in at least 12-point bold type.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 4. Emotional Support Animals [122317 - 122319.5] ( Article 4 added by Stats. 2021, Ch. 168, Sec. 1. ) ## 122317. (a) A person or business that sells or provides a dog for use as an emotional support dog shall provide a written notice to the buyer or recipient of the dog that states all of the following: (1) The dog does not have the special training required to qualify as a guide, signal, or service dog. (2) The dog is not entitled to the rights and privileges accorded by law to a guide, signal, or service dog. (3) Knowingly and fraudulently representing oneself to be the owner or trainer of any canine licensed as, to be qualified as, or identified as, a guide, signal, or service dog is a misdemeanor violation of Section 365.7 of the Penal Code. (b) A person or business that sells or provides a certificate, identification, tag, vest, leash, or harness for an emotional support animal shall provide a written notice to the buyer or recipient that states all of the following: (1) The item does not entitle an emotional support animal to the rights and privileges accorded by law to a guide, signal, or service dog. (2) Knowingly and fraudulently representing oneself to be the owner or trainer of any canine licensed as, to be qualified as, or identified as, a guide, signal, or service dog is a misdemeanor violation of Section 365.7 of the Penal Code. (c) The written notices described in subdivisions (a) and (b) shall be made in at least 12-point bold type, and shall be provided on the receipt for the emotional support dog or the product described in subdivision (b), or on a separate piece of paper. (Added by Stats. 2021, Ch. 168, Sec. 1. (AB 468) Effective January 1, 2022.)
  152. 122318.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 4. Emotional Support Animals [122317 - 122319.5] ( Article 4 added by Stats. 2021, Ch. 168, Sec. 1. )

    Verify source ↗

    A health care practitioner may not provide emotional support dog documentation unless specified licensing, scope, relationship, evaluation, and notice requirements are met.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 4. Emotional Support Animals [122317 - 122319.5] ( Article 4 added by Stats. 2021, Ch. 168, Sec. 1. ) ## 122318. (a) A health care practitioner shall not provide documentation relating to an individual’s need for an emotional support dog unless the health care practitioner complies with all of the following criteria: (1) Possesses a valid, active license and includes the effective date, license number, jurisdiction, and type of professional license in the documentation. (2) Is licensed to provide professional services within the scope of the license in the jurisdiction in which the documentation is provided. (3) (A) Except as specified in subparagraph (B), establishes a client-provider relationship with the individual for at least 30 days prior to providing the documentation requested regarding the individual’s need for an emotional support dog. (B) A client-provider relationship with the individual of 30 days or more shall not be required for individuals who are verified to be homeless. Homeless status may be verified by any of the following: (I) Identification through the local Homeless Management Information System, as defined in Section 578.3 of Title 24 of the Code of Federal Regulations. (II) Via a continuum of care, as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, or a homeless services provider that is contracting with a continuum of care. (III) Visual confirmation by a homeless services provider of individuals dwelling in a homeless shelter, homeless encampment, outdoor makeshift shelter, or vehicle. (4) Completes a clinical evaluation of the individual regarding the need for an emotional support dog. (5) Provides a verbal or written notice to the individual that knowingly and fraudulently representing oneself to be the owner or trainer of any canine licensed as, to be qualified as, or identified as, a guide, signal, or service dog is a misdemeanor violation of Section 365.7 of the Penal Code. (b) For purposes of this section, “health care practitioner” means a person who is licensed and regulated pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, who is acting within the scope of practice of the person’s license or certificate. (c) A health care practitioner may be subject to discipline from the health care practitioner’s licensing board for a violation of this section. (Amended by Stats. 2022, Ch. 550, Sec. 1. (SB 774) Effective January 1, 2023.)
  153. 122319.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 4. Emotional Support Animals [122317 - 122319.5] ( Article 4 added by Stats. 2021, Ch. 168, Sec. 1. )

    Verify source ↗

    This section sets civil penalties for certain false or noncompliant emotional support dog conduct and lets specified public prosecutors sue for those penalties.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 4. Emotional Support Animals [122317 - 122319.5] ( Article 4 added by Stats. 2021, Ch. 168, Sec. 1. ) ## 122319. (a) (1) A violation of either of the following shall be subject to a civil penalty of five hundred dollars ($500) for the first violation, one thousand dollars ($1,000) for the second violation, and two thousand five hundred dollars ($2,500) for the third and any subsequent violation: (A) Knowingly and fraudulently representing, selling, or offering for sale, or attempting to represent, sell, or offer for sale, an emotional support dog as being entitled to the rights and privileges accorded by law to a guide, signal, or service dog. (B) Violating the written notice requirements specified in Section 122317. (2) An action for civil penalties under this section may be brought by the Attorney General, a district attorney, a county counsel, or a city attorney. (b) Nothing in this section shall be construed to restrict or change existing federal and state law related to a person’s rights for reasonable accommodation and equal access to housing, including, but not limited to, rights afforded under the California Fair Employment and Housing Act (Chapter 1 (commencing with Section 12900) of Part 2.8 of Division 3 of Title 2 of the Government Code), the Unruh Civil Rights Act (Section 51 of the Civil Code), and the Disabled Persons Act (Part 2.5 (commencing with Section 54) of Division 1 of the Civil Code). (Added by Stats. 2021, Ch. 168, Sec. 1. (AB 468) Effective January 1, 2022.)
  154. 122319.5.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 4. Emotional Support Animals [122317 - 122319.5] ( Article 4 added by Stats. 2021, Ch. 168, Sec. 1. )

    Verify source ↗

    This section defines “emotional support animal,” “emotional support dog,” and “guide, signal, or service dog” for this article.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Sale of Dogs and Cats [122045 - 122319.5] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## ARTICLE 4. Emotional Support Animals [122317 - 122319.5] ( Article 4 added by Stats. 2021, Ch. 168, Sec. 1. ) ## 122319.5. For purposes of this article, the following definitions apply: (a) “Emotional support animal” means an animal that provides emotional, cognitive, or other similar support to an individual with a disability, and that does not need to be trained or certified. (b) “Emotional support dog” means a dog that provides emotional, cognitive, or other similar support to an individual with a disability, and that does not need to be trained or certified. (c) “Guide, signal, or service dog” has the meaning set forth in subdivisions (d), (e), and (f) of Section 365.5 of the Penal Code, and paragraph (6) of subdivision (b) of Section 54.1 of the Civil Code. (Added by Stats. 2021, Ch. 168, Sec. 1. (AB 468) Effective January 1, 2022.)
  155. 122320.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 6. Sale of Birds [122320 - 122324] ( Chapter 6 added by Stats. 2003, Ch. 887, Sec. 1. )

    Verify source ↗

    This section defines key terms for the chapter on sale of birds.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 6. Sale of Birds [122320 - 122324] ( Chapter 6 added by Stats. 2003, Ch. 887, Sec. 1. ) ## 122320. As used in this chapter: (a) “Bird” means any order of Psittaciformes bird. (b) “Bird mart” means an event at which two or more persons offer birds for sale or exchange and where a fee is charged for the privilege of offering or displaying the birds. (c) “Hand-feeding” means the process by which a bird is manually fed by a human through the use of hand, spoon, or oral gavage. (d) “Pet shop” means a retail pet shop location primarily engaged in retailing pets, pet foods, and pet supplies, as defined by the North American Industry Classification System. (e) “Sale” has the same meaning as retail sale as defined in Section 6007 of the Revenue and Taxation Code. (f) “Time of sale” means the calendar date the retail purchaser removed the bird from the premises of the pet shop following the retail sale of that bird. (g) “Unweaned bird” means any bird that requires hand-feeding or animal assistance to sustain at least 90 percent of its own weight for at least two weeks. (h) “Vendor” means any person or entity, including, but not limited to, a broker, agent, aviary, or breeder, who sells birds directly to the retail purchaser at a bird mart or at a swap meet as defined in Section 21661 of the Business and Professions Code. (i) “Weaned” means a bird that does not require hand-feeding or animal assistance to sustain at least 90 percent of its own weight following the time of sale, notwithstanding any illness or injury. (Added by Stats. 2003, Ch. 887, Sec. 1. Effective January 1, 2004. Section operative September 1, 2004, pursuant to Section 122324.)
  156. 122321.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 6. Sale of Birds [122320 - 122324] ( Chapter 6 added by Stats. 2003, Ch. 887, Sec. 1. )

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    Pet shops and certain vendors cannot handle or sell unweaned birds except in limited circumstances, and sales of hand-fed birds under one year old must be documented.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 6. Sale of Birds [122320 - 122324] ( Chapter 6 added by Stats. 2003, Ch. 887, Sec. 1. ) ## 122321. (a) A pet shop with five or fewer employees may not possess an unweaned bird unless the pet shop employs at least one person per pet shop location who has completed the Pet Industry Joint Advisory Council’s avian certification program. (b) A pet shop with six or more employees may not possess an unweaned bird unless the pet shop employs at least two people who have completed the Pet Industry Joint Advisory Council’s avian certification program. (c) A pet shop may not sell a bird unless the bird is weaned. (d) A vendor may not sell a bird at a swap meet or bird mart, unless the bird is weaned. (e) At the time of sale, a pet shop location or vendor shall document the weight of any hand-fed bird under one year of age, and note the weight on the sales receipt. (Added by Stats. 2003, Ch. 887, Sec. 1. Effective January 1, 2004. Section operative September 1, 2004, pursuant to Section 122324.)
  157. 122322.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 6. Sale of Birds [122320 - 122324] ( Chapter 6 added by Stats. 2003, Ch. 887, Sec. 1. )

    Verify source ↗

    Violating this chapter can result in a civil penalty of up to $1,000 per violation.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 6. Sale of Birds [122320 - 122324] ( Chapter 6 added by Stats. 2003, Ch. 887, Sec. 1. ) ## 122322. (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. (c) Nothing in this chapter shall authorize the seizure of an unweaned bird by a peace officer, officer of a humane society, or officer of an animal shelter or animal regulation department of a public agency. (Amended by Stats. 2019, Ch. 7, Sec. 17. (AB 1553) Effective January 1, 2020.)
  158. 122323.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 6. Sale of Birds [122320 - 122324] ( Chapter 6 added by Stats. 2003, Ch. 887, Sec. 1. )

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    This chapter does not apply to publicly operated animal shelters or humane societies.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 6. Sale of Birds [122320 - 122324] ( Chapter 6 added by Stats. 2003, Ch. 887, Sec. 1. ) ## 122323. This chapter does not apply to publicly operated animal shelters and humane societies. (Amended by Stats. 2019, Ch. 331, Sec. 4. (SB 787) Effective January 1, 2020.)
  159. 122324.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 6. Sale of Birds [122320 - 122324] ( Chapter 6 added by Stats. 2003, Ch. 887, Sec. 1. )

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    Chapter 6 (Sale of Birds) becomes operative on September 1, 2004.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 6. Sale of Birds [122320 - 122324] ( Chapter 6 added by Stats. 2003, Ch. 887, Sec. 1. ) ## 122324. This chapter shall become operative on September 1, 2004. (Added by Stats. 2003, Ch. 887, Sec. 1. Effective January 1, 2004. Note: This section prescribes a delayed operative date (Sept. 1, 2004) for Chapter 6, commencing with Section 122320.)
  160. 122330.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 7. Spay/Neuter and Breeding Programs for Animals [122330 - 122331] ( Chapter 7 added by Stats. 2005, Ch. 668, Sec. 2. )

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    The Legislature states that cities and counties may take appropriate action to reduce uncontrolled and irresponsible animal breeding.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 7. Spay/Neuter and Breeding Programs for Animals [122330 - 122331] ( Chapter 7 added by Stats. 2005, Ch. 668, Sec. 2. ) ## 122330. The Legislature finds and declares all of the following: (a) Uncontrolled and irresponsible breeding of animals contributes to pet overpopulation, inhumane treatment of animals, mass euthanasia at local shelters, and escalating costs for animal care and control; this irresponsible breeding also contributes to the production of defective animals that present a public safety risk. (b) Though no specific breed of dog is inherently dangerous or vicious, the growing pet overpopulation and lack of regulation of animal breeding practices necessitates a repeal of the ban on breed-specific solutions and a more immediate alternative to existing laws. (c) It is therefore the intent of the Legislature in enacting this chapter to permit cities and counties to take appropriate action aimed at eliminating uncontrolled and irresponsible breeding of animals (Added by Stats. 2005, Ch. 668, Sec. 2. Effective January 1, 2006.)
  161. 122331.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 7. Spay/Neuter and Breeding Programs for Animals [122330 - 122331] ( Chapter 7 added by Stats. 2005, Ch. 668, Sec. 2. )

    Verify source ↗

    Cities and counties may adopt dog breed-specific ordinances for mandatory spay/neuter and breeding rules, but they may not declare any dog breed or mixed breed potentially dangerous or vicious under those ordinances.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 7. Spay/Neuter and Breeding Programs for Animals [122330 - 122331] ( Chapter 7 added by Stats. 2005, Ch. 668, Sec. 2. ) ## 122331. (a) Cities and counties may enact dog breed-specific ordinances pertaining only to mandatory spay or neuter programs and breeding requirements, provided that no specific dog breed, or mixed dog breed, shall be declared potentially dangerous or vicious under those ordinances. (b) Jurisdictions that implement programs described in subdivision (a) shall measure the effect of those programs by compiling statistical information on dog bites. The information shall, at a minimum, identify dog bites by severity, the breed of the dog involved, whether the dog was altered, and whether the breed of dog was subject to a program established pursuant to subdivision (a). These statistics shall be submitted quarterly to the State Public Health Veterinarian. (Added by Stats. 2005, Ch. 668, Sec. 2. Effective January 1, 2006.)
  162. 122335.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 8. Dog Tethering [122335- 122335.] ( Chapter 8 added by Stats. 2006, Ch. 489, Sec. 1. )

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    This section generally forbids tethering or restraining a dog to a stationary object, but it lists several specific exceptions and allows animal control to issue correction warnings in some cases.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 8. Dog Tethering [122335- 122335.] ( Chapter 8 added by Stats. 2006, Ch. 489, Sec. 1. ) ## 122335. (a) For purposes of this chapter, the following terms shall have the following definitions: (1) “Animal control” means the municipal or county animal control agency or any other entity responsible for enforcing animal-related laws. (2) “Agricultural operation” means an activity that is necessary for the commercial growing and harvesting of crops or the raising of livestock or poultry. (3) “Person” means any individual, partnership, corporation, organization, trade or professional association, firm, limited liability company, joint venture, association, trust, estate, or any other legal entity, and any officer, member, shareholder, director, employee, agent, or representative thereof. (4) “Reasonable period” means a period of time not to exceed three hours in a 24-hour period, or a time that is otherwise approved by animal control. (b) No person shall tether, fasten, chain, tie, or restrain a dog, or cause a dog to be tethered, fastened, chained, tied, or restrained, to a dog house, tree, fence, or any other stationary object. (c) Notwithstanding subdivision (b), a person may do any of the following in accordance with Section 597t of the Penal Code: (1) Attach a dog to a running line, pulley, or trolley system. A dog shall not be tethered to the running line, pulley, or trolley system by means of a choke collar or pinch collar. (2) Tether, fasten, chain, tie, or otherwise restrain a dog pursuant to the requirements of a camping or recreational area. (3) Tether, fasten, chain, or tie a dog no longer than is necessary for the person to complete a temporary task that requires the dog to be restrained for a reasonable period. (4) Tether, fasten, chain, or tie a dog while engaged in, or actively training for, an activity that is conducted pursuant to a valid license issued by the State of California if the activity for which the license is issued is associated with the use or presence of a dog. Nothing in this paragraph shall be construed to prohibit a person from restraining a dog while participating in activities or using accommodations that are reasonably associated with the licensed activity. (5) Tether, fasten, chain, or tie a dog while actively engaged in any of the following: (A) Conduct that is directly related to the business of shepherding or herding cattle or livestock. (B) Conduct that is directly related to the business of cultivating agricultural products, if the restraint is reasonably necessary for the safety of the dog. (d) A person who violates this chapter is guilty of an infraction or a misdemeanor. (1) An infraction under this chapter is punishable upon conviction by a fine of up to two hundred fifty dollars ($250) as to each dog with respect to which a violation occurs. (2) A misdemeanor under this chapter is punishable upon conviction by a fine of up to one thousand dollars ($1,000) as to each dog with respect to which a violation occurs, or imprisonment in a county jail for not more than six months, or both. (3) Notwithstanding subdivision (d), animal control may issue a correction warning to a person who violates this chapter, requiring the owner to correct the violation, in lieu of an infraction or misdemeanor, unless the violation endangers the health or safety of the animal, the animal has been wounded as a result of the violation, or a correction warning has previously been issued to the individual. (e) Nothing in this chapter shall be construed to prohibit a person from walking a dog with a hand-held leash. (Added by Stats. 2006, Ch. 489, Sec. 1. Effective January 1, 2007.)
  163. 122350.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 9. Pet Store Animal Care [122350 - 122361] ( Chapter 9 added by Stats. 2007, Ch. 703, Sec. 3. )

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    This section defines terms used for pet store animal care rules.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 9. Pet Store Animal Care [122350 - 122361] ( Chapter 9 added by Stats. 2007, Ch. 703, Sec. 3. ) ## 122350. As used in this act, the following definitions apply: (a) “Adequate space” means sufficient height and sufficient floorspace for the animals to stand up, sit down, turn about freely using normal body movements without the head touching the top of the primary enclosure, lie down with limbs outstretched, exercise normal postural movement, move about freely as appropriate for the species, age, size, and condition of the animal, and, when appropriate, to experience socialization with other animals, if any, in the primary enclosure. However, when freedom of movement would endanger the animal, temporarily and appropriately restricting movement of the animal in a humane manner is permitted. (b) “Animal” means any nonhuman vertebrate species housed, offered for sale or adoption, or both, in the pet store, including, but not limited to, mammals, birds, reptiles, amphibians, fish, and also invertebrates housed, sold, or adopted as pets. (c) “Disposition” means the transfer of an animal from a pet store to another location, including the sale or adoption of the animal, the return of the animal to the person who supplied the animal to the pet store, or removal from the pet store of an animal that is deceased for any reason, including euthanasia. (d) “Enrichment” means providing objects or activities, appropriate to the needs of the species, as well as the age, size, and condition of the animal, that stimulate the animal and promote the animal’s well-being. (e) “Euthanasia” or “euthanize” means the humane destruction of an animal in compliance with the requirements set forth in paragraph (5) of subdivision (b) of Section 122354. (f) “Impervious to moisture” means a surface that prevents the absorption of fluids and that can be thoroughly and repeatedly sanitized, will not retain odors, and from which fluids bead up and run off or can be removed without being absorbed into the surface material. (g) “Intact” means an animal that retains its sexual organs or ability to procreate and has not been sterilized. (h) “Person” means an individual, partnership, firm, joint-stock company, corporation, association, trust, estate, or other legal entity. (i) “Pet store” means a retail establishment open to the public and selling or offering for sale animals, including, but not limited to, animals for use as pets or animals intended as food for other animals. “Pet store” does not include a retail establishment open to the public and selling or offering for sale animals to agricultural operations for purposes that are directly related to the raising of livestock or poultry on a farm or ranch. A person who sells, exchanges, or otherwise transfers only animals that were bred or raised, or both, by the person, or sells or otherwise transfers only animals kept primarily for reproduction, shall be considered a breeder and not a pet store. (j) “Pet store operator” or “operator” means a person who owns or operates a pet store, or both. (k) “Primary enclosure” means a structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, cage, aquarium, terrarium, habitat compartment, or hutch, where the animal or animals reside until their sale, transfer, or other disposition. (l) “Rodent” means an animal of the order Rodentia, such as a guinea pig, rat, mouse, chinchilla, or hamster. (m) “Sanitize” means to make physically clean and to destroy, to the extent practical, agents injurious to health. (n) “Temporary enclosure” means a confined space used by the pet store to house an animal when the animal is not in its primary enclosure for a period not to exceed four consecutive hours. The temporary enclosure shall allow the animals to stand up, lie down, and turn around. An enclosure used by the pet store to house an animal for longer than four consecutive hours shall meet the requirements of a primary enclosure. (o) “Time of sale” means the calendar date the retail purchaser removes the animal from the premises of the pet store following the retail sale of that animal. (p) “Transfer” means the release of an animal by its owner to another person by sale, gift, adoption, or other disposition, including the exchange of animals between pet stores. (q) “Veterinary treatment” means treatment by or at the direction of a California-licensed veterinarian. (Amended by Stats. 2009, Ch. 446, Sec. 1. (AB 490) Effective January 1, 2010.)
  164. 122351.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 9. Pet Store Animal Care [122350 - 122361] ( Chapter 9 added by Stats. 2007, Ch. 703, Sec. 3. )

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    Each pet store operator must maintain the store safely and cleanly, keep animals contained, report escaped animals as needed, and follow special grooming-area and dog-related rules.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 9. Pet Store Animal Care [122350 - 122361] ( Chapter 9 added by Stats. 2007, Ch. 703, Sec. 3. ) ## 122351. Each pet store operator shall be responsible for all of the following: (a) Maintaining the entire pet store facility in good repair. (b) Restricting the entry of pests from outside, ensuring the containment of animals within the pet store, and, in the event that animals escape, being responsible for reporting this fact, as necessary, to local authorities and making reasonable efforts to capture the animals that have escaped. (c) Ensuring that the pet store’s interior building surfaces, including walls and floors, are constructed in a manner that permits them to be readily cleaned and maintained. (d) Uniformly distributing light, by natural or artificial means, in a manner that permits routine inspection and cleaning, and the proper care and maintenance of the animals. (e) When dog or cat grooming services are offered by a pet store, separating the grooming work area from the store’s primary animal enclosures, animal food storage areas, and isolation areas for housing sick animals. The grooming area shall be cleaned and maintained at least once daily. (f) With respect to dogs, complying with all of the requirements of Section 122155. Sections 122356 and 122358 do not apply to a violation of Section 122155. (Added by Stats. 2007, Ch. 703, Sec. 3. Effective January 1, 2008. Section operative January 1, 2009, pursuant to Section 122361.)
  165. 122352.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 9. Pet Store Animal Care [122350 - 122361] ( Chapter 9 added by Stats. 2007, Ch. 703, Sec. 3. )

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    Primary and temporary enclosures in pet stores must meet structural and species-specific care standards.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 9. Pet Store Animal Care [122350 - 122361] ( Chapter 9 added by Stats. 2007, Ch. 703, Sec. 3. ) ## 122352. (a) Primary enclosures shall comply with all of the following structural standards: (1) Primary and temporary enclosures shall be structurally sound and maintained in good repair to protect the animals from injury, to contain the animals, to keep other animals out, and to promote the health and well-being of the enclosed animals. Primary enclosures shall be constructed so they can be routinely maintained to allow animals to stay clean. (2) The floor of the primary enclosure shall be constructed to prevent injury. A solid surface, platform, or shelf shall be provided when a grid-flooring system is used. (3) Primary enclosures shall be constructed of materials that are impervious to moisture and can be sanitized. (4) All primary enclosures shall provide adequate space for the animal or animals housed in the enclosure. (5) Each primary enclosure shall provide animals with an enrichment device or devices appropriate for the species, age, size, and condition of the animal. (b) In addition to the requirements set forth in subdivision (a), primary enclosures for cats shall provide an elevated platform as appropriate for the size of the cat. (c) In addition to the requirements set forth in subdivision (a), primary enclosures for birds shall be designed to ensure all of the following: (1) A bird can fully extend both of its wings at the same time without contacting the sides of the enclosure. (2) Perches are provided in a diameter that is appropriate for the species, age, size, and condition of the bird, and for the size of the enclosure. (3) There is sufficient space to enable each bird to fully extend its wings in every direction while all birds are simultaneously perched. (d) Primary enclosures for prey species shall be located where they cannot be directly seen by predator animals for that species. (Added by Stats. 2007, Ch. 703, Sec. 3. Effective January 1, 2008. Section operative January 1, 2009, pursuant to Section 122361.)
  166. 122353.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 9. Pet Store Animal Care [122350 - 122361] ( Chapter 9 added by Stats. 2007, Ch. 703, Sec. 3. )

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    When a primary or temporary enclosure is cleaned with something that may harm the animals, the animals must be removed. Enclosures must be checked at least daily, waste must be removed as needed, and pest control must be used to control vermin, insects, or other pests.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 9. Pet Store Animal Care [122350 - 122361] ( Chapter 9 added by Stats. 2007, Ch. 703, Sec. 3. ) ## 122353. (a) When a primary or temporary enclosure is being cleaned in a manner, or with a substance, that is or may be harmful to the animals within the enclosure, those animals shall be removed from the enclosure. (b) Primary enclosures shall be observed at least once daily, and animal and food wastes, used bedding, debris, and any other organic wastes shall be removed as necessary to prevent contamination of the animals and to reduce disease hazards and odors. (c) Pest control measures shall be implemented to effectively control infestation of vermin, insects, or other pests. (Added by Stats. 2007, Ch. 703, Sec. 3. Effective January 1, 2008. Section operative January 1, 2009, pursuant to Section 122361.)
  167. 122354.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 9. Pet Store Animal Care [122350 - 122361] ( Chapter 9 added by Stats. 2007, Ch. 703, Sec. 3. )

    Verify source ↗

    Pet store operators must keep animals properly cared for, monitored daily, and handled under written care procedures, veterinary oversight, and humane euthanasia rules.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 9. Pet Store Animal Care [122350 - 122361] ( Chapter 9 added by Stats. 2007, Ch. 703, Sec. 3. ) ## 122354. (a) The pet store operator or at least one of his or her employees shall be present in the store at least once daily, regardless of whether the store is open, for care and maintenance of the animals in the pet store. (b) A pet store operator shall comply with the following animal care requirements: (1) House only compatible animals in the same enclosure. (2) Observe each animal at regular intervals, at least once a day, in order to recognize and evaluate general symptoms of sickness, injury, or abnormal behavior. (3) Take reasonable measures to house intact mammals that have reached sexual maturity in a manner to prevent unplanned reproduction. (4) (A) Maintain and abide by written animal husbandry procedures that address animal care, management and safe handling, disease prevention and control, routine care, preventative care, emergency care, veterinary treatment, euthanasia, and disaster planning, evacuation, and recovery that is applicable to the location of the pet store. These procedures shall be reviewed with employees who provide animal care and shall be present, in writing, either electronically or physically, in the store and made available to all store employees. (B) Sections 122356 and 122358 do not apply to subparagraph (A) where there are other local, state, or federal laws that apply to those procedures. (5) (A) If there is a determination that an animal may need to be euthanized, ensure that veterinary treatment is provided without delay. (B) Notwithstanding subparagraph (A), a rodent or rabbit intended as food for another animal may be destroyed by a pet store operator or an employee of a pet store only if the animal is euthanized by a method that is performed in a humane manner, appropriate for the species, authorized by state law, and in compliance with the American Veterinary Medical Association (AVMA) Guidelines on Euthanasia, dated June 2007, published by the AVMA. (C) The euthanasia performed pursuant to subparagraph (B) may be performed by a pet store operator or an employee of a pet store only if a California-licensed veterinarian has certified, in writing, that the pet store operator or employee is properly trained and proficient in performing the method of euthanasia on that particular species. The certification shall be valid for a period of not more than three years, and may be recertified for additional periods of three years. Each certification of a pet store operator or employee shall be retained by the pet store for three years, unless a longer period is otherwise required under state law. The certification shall be made available, upon request, to appropriate law enforcement officers exercising authority pursuant to Section 122356. (D) It is the responsibility of the pet store operator to ensure that euthanasia is performed in compliance with this section. (E) Subparagraphs (A) to (D), inclusive, shall be implemented in a manner consistent with California law and in accordance with Chapter 11 (commencing with Section 4800) of Division 2 of the Business and Professions Code. (6) Isolate and not offer for sale those animals that have or are suspected of having a contagious condition. This paragraph shall not apply to those animals that are effectively isolated by their primary enclosure, including, but not limited to, fish, provided that a sign is posted on the enclosure that indicates that these animals are not for sale, or otherwise marked in a manner to prevent their sale to customers during their treatment for the contagious condition. (7) Have a documented program of routine care, preventative care, emergency care, disease control and prevention, and veterinary treatment and euthanasia, as outlined in paragraph (5), that is established and maintained by the pet store in consultation with a licensed veterinarian employed by the pet store or a California-licensed veterinarian, to ensure adherence to the program with respect to each animal. The program shall also include a documented onsite visit to the pet store premises by a California-licensed veterinarian at least once a year. (8) Ensure that each diseased, ill, or injured animal is evaluated and treated without delay. If necessary for the humane care and treatment of the animal, the animal shall be provided with veterinary treatment without delay. (9) In the event of a natural disaster, an emergency evacuation, or other similar occurrence, the humane care and treatment of each animal is provided for, as required by this chapter, to the extent access to the animal is reasonably available. (c) Subdivisions (a) and (b) shall be implemented to the extent consistent with California law. (Amended by Stats. 2009, Ch. 446, Sec. 2. (AB 490) Effective January 1, 2010.)
  168. 122354.5.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 9. Pet Store Animal Care [122350 - 122361] ( Chapter 9 added by Stats. 2007, Ch. 703, Sec. 3. )

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    Pet stores may not sell, adopt out, or offer dogs, cats, or rabbits for sale, but they may provide display space for adoptions under strict conditions.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 9. Pet Store Animal Care [122350 - 122361] ( Chapter 9 added by Stats. 2007, Ch. 703, Sec. 3. ) ## 122354.5. (a) A pet store shall not adopt out, sell, or offer for sale a dog, cat, or rabbit. This section does not prevent a pet store from providing space to display animals for adoption in accordance with subdivision (b). (b) (1) A pet store shall not provide space for the display of dogs, cats, or rabbits available for adoption unless the animals are displayed by either a public animal control agency or shelter, or animal rescue group. (2) Any animal displayed for adoption shall be both sterilized and adoptable for total fees, including, but not limited to, adoption fees, not to exceed five hundred dollars ($500). (3) The pet store displaying dogs, cats, or rabbits pursuant to paragraph (1) shall not receive any fees in connection with the display of dogs, cats, or rabbits. (c) A public animal control agency or shelter, an animal rescue group displaying animals at a pet store, or an animal rescue group operating a retail establishment shall not offer dogs, cats, or rabbits for adoption unless the animals are sterilized, the animals are adoptable for total fees, including, but not limited to, adoption fees, not to exceed five hundred dollars ($500), and the adoption fees are posted and visible to the public on or near the enclosures or areas where adoptable animals are displayed. An animal rescue group that displays animals at a pet store, but does not meet the criteria set forth in clauses (i) and (ii) of subparagraph (A) of paragraph (1) of subdivision (e) is also subject to the penalties described in this section. (d) (1) Each violation of subdivision (a), (b), or (c) shall result in a single written notice to the pet store and any public animal control agency, shelter, or animal rescue group responsible for the animal that is the subject of the violation. The notice shall set forth in detail the specific violation, the name and location of the pet store, the name and location of, or other identifying information regarding, the public animal control agency, shelter, or animal rescue group responsible for the animal that is the subject of the violation, and any other information relevant to the violation. In addition, the notice shall include a direction to cease the specific activity found to be in violation of this section and state the time period during which the violation must be corrected. (2) A failure to correct the violation described in the notice issued pursuant to paragraph (1) in the time period stated in the notice to correct shall be punished by a civil penalty of one thousand dollars ($1,000) for a first violation, two thousand five hundred dollars ($2,500) for a second violation, and five thousand dollars ($5,000) for subsequent violations as described in the notice. Each animal that is displayed, adopted, sold, or offered for sale or adoption in violation of subdivision (a), (b), or (c), as described in the notice, constitutes a separate violation. (e) (1) For purposes of this section, the following definitions apply: (A) An “animal rescue group” is any not-for-profit organization that has tax-exempt status under Section 501(c)(3) of the Internal Revenue Code, whose mission and practice is, in whole or significant part, the rescue and placement of animals into permanent homes, and that meets the following requirements: (i) Does not breed animals. (ii) Does not obtain animals in exchange for payment or compensation from any person that breeds or brokers animals. (B) “Public animal control agency or shelter” is any facility operated by or under contract with any governmental entity for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted dogs, cats, rabbits, or other animals. (2) For purposes of this section, “pet store” does not include an animal rescue group operating a retail establishment in compliance with subdivision (c). (f) This section does not prohibit a local governing body from adopting requirements that are more protective of animal welfare than those set forth in this section. (g) An action for a violation of this section may be brought 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. In addition to any other remedy, the district attorney is authorized to apply to the court for, and that court shall have jurisdiction upon hearing and for cause shown to grant, a temporary or permanent injunction enjoining or restraining any person or entity from violating any provision of this section. (Repealed and added by Stats. 2020, Ch. 96, Sec. 2. (AB 2152) Effective January 1, 2021.)
  169. 122355.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 9. Pet Store Animal Care [122350 - 122361] ( Chapter 9 added by Stats. 2007, Ch. 703, Sec. 3. )

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    Pet store operators must keep written veterinary and acquisition records, give certain sale disclosures, and keep the required records for two years.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 9. Pet Store Animal Care [122350 - 122361] ( Chapter 9 added by Stats. 2007, Ch. 703, Sec. 3. ) ## 122355. (a) Each pet store operator shall ensure that records of all veterinary visits to the pet store are documented in writing. Veterinary treatment records shall be kept for each animal or group of animals that receives medications or immunizations while in the care of the pet store. These records shall include summaries of direction received orally from veterinarians, and shall include all of the following, to the extent it is provided by the veterinarian: (1) Identification of the animal or group of animals receiving medical treatment. (2) Name of the medication or immunization used. (3) Amount of medication used. (4) Time and date on which the medication or immunization was administered. (b) Records required by subdivision (a) shall be made available, upon request, to a person who purchases a cat or dog, or any individually housed animal. (c) The pet store shall provide to the purchaser of an animal at the time of sale information concerning the store’s animal return policy, which shall be made available to customers either through in-store signs or handouts to customers. The pet store shall also provide to purchasers of cats, dogs, and all individually housed animals all of the following information: (1) Spay or neuter procedures performed on the animal. (2) Vaccinations, medical treatment, and veterinary treatment administered to the animal during its stay in the store. (3) Any identification device on the animal. (4) With respect to dogs and cats, all information required to be disclosed under Section 122140. Sections 122356 and 122358 do not apply to a violation of Section 122140. (5) With respect to dogs, all information required to be disclosed under Sections 122190 and 122310. This information shall be contained in separate documents. Sections 122356 and 122358 do not apply to a violation of Section 122190 or 122310. (6) With respect to birds, all information required to be disclosed under Section 122321. Section 122356 and Section 122358 do not apply to a violation of Section 122321. (d) Each pet store operator shall maintain records for identification purposes of the person from whom the animals in the pet store were acquired, including that person’s name, address, and telephone number, and the date the animal was acquired. (e) All records required by this section shall be maintained by the pet store for two years from the date of disposition of the animal, and shall be made available upon request to appropriate enforcement officers exercising authority pursuant to Section 122356. (Added by Stats. 2007, Ch. 703, Sec. 3. Effective January 1, 2008. Section operative January 1, 2009, pursuant to Section 122361.)
  170. 122356.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 9. Pet Store Animal Care [122350 - 122361] ( Chapter 9 added by Stats. 2007, Ch. 703, Sec. 3. )

    Verify source ↗

    This section requires certain officers to issue a single notice to correct for listed pet store violations, and it sets delivery and follow-up duties. Pet store operators who fail to comply, repeat the same violation, or cause animal harm face infraction or misdemeanor consequences.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 9. Pet Store Animal Care [122350 - 122361] ( Chapter 9 added by Stats. 2007, Ch. 703, Sec. 3. ) ## 122356. (a) An animal control officer, as defined in Section 830.9 of the Penal Code, a humane officer qualified pursuant to Section 14502 or 14503 of the Corporations Code, or a peace officer who detects a violation of Section 122351, subdivision (b) or (c) of Section 122353, paragraphs (3) or (4) of subdivision (b) of Section 122354, or Section 122355 shall issue a single notice to correct, which shall contain all of the following information: (1) Specify each violation of this chapter found in the inspection. (2) Identify the corrective action for each violation. (3) Include a specific period of time during which the listed violation or violations must be corrected. (b) After issuing a notice to correct pursuant to this section, the officer or another qualified officer of the issuing agency shall verify compliance with this chapter by conducting a subsequent investigation of the pet store in violation of this chapter within a reasonable period of time. (c) An exact, legible copy of the notice to correct shall be delivered to the pet store operator at the time he or she signs the notice. In the alternative, the issuing agency may personally deliver the notice to the pet store operator within 48 hours of its issuance, excluding holidays and weekends. The signing of the notice is an acknowledgment of receipt, and does not constitute an admission of guilt. (d) A pet store operator who fails to comply with a notice to correct is guilty of an infraction. (e) A pet store operator who violates the same provision of this chapter on more than one occasion within a 12-month period, at the same location, is not eligible to receive a notice to correct, and is guilty of an infraction on the second violation, and is guilty of a misdemeanor on the third or subsequent violation. (f) Notwithstanding subdivision (a), a pet store operator is guilty of a misdemeanor if the pet store operator violates any provision listed in subdivision (a), and by doing so, the pet store operator causes or allows harm or injury to an animal, or allows an animal to be subject to an unreasonable risk of harm or injury. (Added by Stats. 2007, Ch. 703, Sec. 3. Effective January 1, 2008. Section operative January 1, 2009, pursuant to Section 122361.)
  171. 122357.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 9. Pet Store Animal Care [122350 - 122361] ( Chapter 9 added by Stats. 2007, Ch. 703, Sec. 3. )

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    A pet store operator who violates certain provisions of this chapter commits a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 9. Pet Store Animal Care [122350 - 122361] ( Chapter 9 added by Stats. 2007, Ch. 703, Sec. 3. ) ## 122357. A pet store operator who violates any provision of this chapter that is not specified in subdivision (a) of Section 122356 and is not proscribed by Section 122354.5 is guilty of a misdemeanor. (Amended by Stats. 2017, Ch. 740, Sec. 3. (AB 485) Effective January 1, 2018.)
  172. 122358.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 9. Pet Store Animal Care [122350 - 122361] ( Chapter 9 added by Stats. 2007, Ch. 703, Sec. 3. )

    Verify source ↗

    This section sets fines for infractions and misdemeanors, and says the court must consider the gravity of the offense when setting the penalty.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 9. Pet Store Animal Care [122350 - 122361] ( Chapter 9 added by Stats. 2007, Ch. 703, Sec. 3. ) ## 122358. An infraction is punishable by a fine not to exceed two hundred fifty dollars ($250) per violation. A misdemeanor is punishable by a fine not to exceed one thousand dollars ($1,000) per violation. The court shall weigh the gravity of the offense in setting the penalty. (Added by Stats. 2007, Ch. 703, Sec. 3. Effective January 1, 2008. Section operative January 1, 2009, pursuant to Section 122361.)
  173. 122359.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 9. Pet Store Animal Care [122350 - 122361] ( Chapter 9 added by Stats. 2007, Ch. 703, Sec. 3. )

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    Pet stores may not use live animals as prizes or giveaways, and they may not sell, offer, trade, or barter dogs or cats under eight weeks old; animals also may not be sold before weaning unless used as food for other animals.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 9. Pet Store Animal Care [122350 - 122361] ( Chapter 9 added by Stats. 2007, Ch. 703, Sec. 3. ) ## 122359. (a) Except as otherwise provided in Section 599 of the Penal Code, a pet store shall not offer any live animal as a prize or give away any animal as an inducement to enter any contest, game, or other competition. (b) Except as otherwise provided in Section 597z of the Penal Code, a pet store shall not sell, offer for sale, trade, or barter any dog or cat that is under eight weeks of age. Except as otherwise provided in any other provision of law, dogs or cats over eight weeks of age may be sold, offered for sale, traded, or bartered only if the animal is weaned. Pet stores shall not sell any animal before it is weaned, except for animals intended to be used as food for other animals. (Added by Stats. 2007, Ch. 703, Sec. 3. Effective January 1, 2008. Section operative January 1, 2009, pursuant to Section 122361.)
  174. 122360.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 9. Pet Store Animal Care [122350 - 122361] ( Chapter 9 added by Stats. 2007, Ch. 703, Sec. 3. )

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    This section says the chapter does not limit other animal- or consumer-protection laws, does not authorize illegal acts, and its procedures do not apply to certain civil or prosecuted violations under other laws.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 9. Pet Store Animal Care [122350 - 122361] ( Chapter 9 added by Stats. 2007, Ch. 703, Sec. 3. ) ## 122360. (a) Nothing in this chapter 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, or Sections 597 and 5971 of the Penal Code. (b) Nothing in this chapter limits or authorizes any act or omission that violates Section 597 or 5971 of the Penal Code, or any other local, state, or federal law. The procedures set forth in this chapter 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 5971 of the Penal 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. (Added by Stats. 2007, Ch. 703, Sec. 3. Effective January 1, 2008. Section operative January 1, 2009, pursuant to Section 122361.)
  175. 122361.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 9. Pet Store Animal Care [122350 - 122361] ( Chapter 9 added by Stats. 2007, Ch. 703, Sec. 3. )

    Verify source ↗

    This chapter becomes operative on January 1, 2009.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 9. Pet Store Animal Care [122350 - 122361] ( Chapter 9 added by Stats. 2007, Ch. 703, Sec. 3. ) ## 122361. This chapter shall become operative on January 1, 2009. (Added by Stats. 2007, Ch. 703, Sec. 3. Effective January 1, 2008. Note: This section prescribes a delayed operative date (Jan. 1, 2009) for Chapter 9, commencing with Section 122350.)
  176. 122365.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 9.5. Prohibition of Animal Sales by Broker [122365 - 122365.1] ( Chapter 9.5 added by Stats. 2025, Ch. 478, Sec. 1. )

    Verify source ↗

    This section defines key terms for the chapter, including “animal rescue group,” “broker,” and “public animal control agency or shelter.”

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 9.5. Prohibition of Animal Sales by Broker [122365 - 122365.1] ( Chapter 9.5 added by Stats. 2025, Ch. 478, Sec. 1. ) ## 122365. For purposes of this chapter, all of the following terms have the following meanings: (a) “Animal rescue group” means any not-for-profit organization that has tax-exempt status under Section 501(c)(3) of the Internal Revenue Code, whose mission and practice is, in whole or significant part, the rescue and placement of animals into permanent homes, and that meets both of the following: (1) Does not breed animals. (2) Does not obtain animals in exchange for payment or compensation from any person that breeds or brokers animals. (b) “Broker” means a person or business that sells, arranges, negotiates, or processes, either in person or online, the sale of dogs, cats, or rabbits bred by another for profit. This includes facilitating the transfer of a dog, cat, or rabbit for profit. (c) “Public animal control agency or shelter” means any facility operated by or under contract with any governmental entity for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted dogs, cats, rabbits, or other animals. (Added by Stats. 2025, Ch. 478, Sec. 1. (AB 519) Effective January 1, 2026.)
  177. 122365.1.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 9.5. Prohibition of Animal Sales by Broker [122365 - 122365.1] ( Chapter 9.5 added by Stats. 2025, Ch. 478, Sec. 1. )

    Verify source ↗

    A broker may not sell, offer for sale, or make available for adoption a dog under one year old, a cat, or a rabbit.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 9.5. Prohibition of Animal Sales by Broker [122365 - 122365.1] ( Chapter 9.5 added by Stats. 2025, Ch. 478, Sec. 1. ) ## 122365.1. (a) A broker shall not make available for adoption, sell, or offer for sale a dog under one year of age, a cat, or a rabbit. (b) This chapter shall not apply to any of the following: (1) The sale or transfer of an animal conducted by, or on behalf of, the bona fide owner to a new owner, so long as the bona fide owner does not sell or transfer an animal more than three instances per calendar year. (2) The purchase of an animal by, or sale, transfer, or adoption of, an animal to a governmental agency. (3) The transfer of ownership of a guide, signal, or service dog, as defined in Section 54.1 of the Civil Code. (4) Public animal control agency or shelter, or animal rescue group. (5) Nonprofit organizations engaged in youth education related to animal care and rearing. (Added by Stats. 2025, Ch. 478, Sec. 1. (AB 519) Effective January 1, 2026.)
  178. 122370.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 10. Sale of Animals at Swap Meets [122370 - 122374] ( Chapter 10 added by Stats. 2013, Ch. 231, Sec. 1. )

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    A swap meet operator may allow animal sales at a swap meet only if the local jurisdiction has adopted care-and-treatment standards for the animals while they are at and transported to and from the swap meet.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 10. Sale of Animals at Swap Meets [122370 - 122374] ( Chapter 10 added by Stats. 2013, Ch. 231, Sec. 1. ) ## 122370. A swap meet operator may permit a vendor to offer animals for sale at a swap meet provided the local jurisdiction has adopted standards for the care and treatment of those animals during the time that the animals are present at the swap meet and transported to and from the swap meet. This chapter does not apply to the sale of a particular species of animal if a local jurisdiction has adopted a local ordinance prior to January 1, 2013, that applies specifically to the sale of that particular species of animal at swap meets. (Added by Stats. 2013, Ch. 231, Sec. 1. (AB 339) Effective January 1, 2014. Section operative January 1, 2016, pursuant to Section 122374.)
  179. 122371.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 10. Sale of Animals at Swap Meets [122370 - 122374] ( Chapter 10 added by Stats. 2013, Ch. 231, Sec. 1. )

    Verify source ↗

    A swap meet vendor must meet minimum animal-care, recordkeeping, and display requirements if an ordinance is adopted under Section 122370.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 10. Sale of Animals at Swap Meets [122370 - 122374] ( Chapter 10 added by Stats. 2013, Ch. 231, Sec. 1. ) ## 122371. Any ordinance adopted pursuant to Section 122370 shall, at a minimum, require the swap meet vendor to do all of the following: (a) Maintain the facilities used for the keeping of animals in a sanitary condition. (b) Provide proper heating and ventilation for the facilities used for the keeping of animals. (c) Provide adequate nutrition for, and humane care and treatment of, all animals that are under his or her care and control. (d) Take reasonable care to release for sale, trade, or adoption only those animals that are free of disease or injuries. (e) Provide adequate space appropriate to the size, weight, and species of animals. (f) Have a documented program of routine care, preventative care, emergency care, disease control and prevention, and veterinary treatment and euthanasia that is established and maintained by the vendor in consultation with a licensed veterinarian employed by the vendor or a California-licensed veterinarian, to ensure adherence to the program with respect to each animal. The program shall also include a documented onsite visit to the swap meet premises by a California-licensed veterinarian at least once a year. (g) Provide buyers of an animal with general written recommendations for the generally accepted care of the type of animal sold, including recommendations as to the housing, equipment, cleaning, environment, and feeding of the animal. This written information shall be in a form determined by the vendor and may include references to Internet Web sites, books, pamphlets, videos, and compact discs. (h) Present for inspection and display a current business license issued by the local jurisdiction where the animals are principally housed. (i) Maintain records for identification purposes of the person from whom the animals offered for sale were acquired, including that person’s name, address, e-mail address, and telephone number and the date the animals were acquired. (Added by Stats. 2013, Ch. 231, Sec. 1. (AB 339) Effective January 1, 2014. Section operative January 1, 2016, pursuant to Section 122374.)
  180. 122372.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 10. Sale of Animals at Swap Meets [122370 - 122374] ( Chapter 10 added by Stats. 2013, Ch. 231, Sec. 1. )

    Verify source ↗

    A swap meet vendor may not sell animals at a swap meet in a local jurisdiction unless that sale is authorized by ordinance; violations can be fined.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 10. Sale of Animals at Swap Meets [122370 - 122374] ( Chapter 10 added by Stats. 2013, Ch. 231, Sec. 1. ) ## 122372. (a) (1) A swap meet vendor who offers animals for sale at a swap meet in a local jurisdiction that has not adopted an ordinance authorizing that sale, is guilty of an infraction punishable by a fine not to exceed one hundred dollars ($100). (2) A swap meet vendor who violates paragraph (1) for a second or subsequent time, is guilty of an infraction punishable by a fine not to exceed five hundred dollars ($500) per violation. The court shall weigh the gravity of the violation in setting the amount of the fine. (3) Nothing in paragraph (2) shall preclude punishment under any other provision of law, including, but not limited to, laws prohibiting the abuse or neglect of animals in the Health and Safety Code or the Penal Code. (b) 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. (Added by Stats. 2013, Ch. 231, Sec. 1. (AB 339) Effective January 1, 2014. Section operative January 1, 2016, pursuant to Section 122374.)
  181. 122373.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 10. Sale of Animals at Swap Meets [122370 - 122374] ( Chapter 10 added by Stats. 2013, Ch. 231, Sec. 1. )

    Verify source ↗

    This chapter does not apply to several listed events, fairs, markets, sales, shelters, shows, pet stores, and certain reptile or aquatic trade shows.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 10. Sale of Animals at Swap Meets [122370 - 122374] ( Chapter 10 added by Stats. 2013, Ch. 231, Sec. 1. ) ## 122373. This chapter shall not apply to the following: (a) Events held by 4-H Clubs, Junior Farmers Clubs, or Future Farmers Clubs. (b) The California Exposition and State Fair, district agricultural association fairs, or county fairs. (c) 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 of 1921 (7 U.S.C. Sec. 181 et seq.). (d) 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 equines on consignment at any public equine sales market. (e) Live animal markets regulated under Section 597.3 of the Penal Code. (f) 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. (g) The sale of fish or shellfish, live or dead, from a fishing vessel or registered aquaculture facility, at a pier or wharf, or at a farmer’s market by any licensed commercial fisherman or an owner or employee of a registered aquaculture facility to the public for human consumption. (h) A cat show, dog show, or bird show, provided that all of the following circumstances exist: (1) The show is validly permitted by the city or county in which the show is held. (2) The show’s sponsor or permittee ensures compliance with all federal, state, and local animal welfare and animal control laws. (3) The participant has written documentation of the payment of a fee for the entry of his or her cat, dog, or bird in the show. (4) The sale of a cat, dog, or bird occurs only on the premises and within the confines of the show. (5) The show is a competitive event where the cats, dogs, or birds are exhibited and judged by an established standard or set of ideals established for each breed or species. (i) A pet store as defined in subdivision (i) of Section 122350. (j) Any reptile or aquatic trade show, provided all of the following circumstances exist: (1) The show is validly permitted by the city or county in which the show is held. (2) The show’s sponsor or permittee ensures compliance with all federal, state, and local animal welfare and animal control laws. (Added by Stats. 2013, Ch. 231, Sec. 1. (AB 339) Effective January 1, 2014. Section operative January 1, 2016, pursuant to Section 122374.)
  182. 122374.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 10. Sale of Animals at Swap Meets [122370 - 122374] ( Chapter 10 added by Stats. 2013, Ch. 231, Sec. 1. )

    Verify source ↗

    Chapter 10 becomes operative on January 1, 2016.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 10. Sale of Animals at Swap Meets [122370 - 122374] ( Chapter 10 added by Stats. 2013, Ch. 231, Sec. 1. ) ## 122374. This chapter shall become operative on January 1, 2016. (Added by Stats. 2013, Ch. 231, Sec. 1. (AB 339) Effective January 1, 2014. Note: This section prescribes a delayed operative date (Jan. 1, 2016) for Chapter 10, commencing with Section 122370.)
  183. 122380.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 11. Pet Boarding Facilities [122380 - 122388] ( Chapter 11 added by Stats. 2016, Ch. 364, Sec. 1. )

    Verify source ↗

    This section defines key terms for pet boarding facilities, including pet, operator, enclosure types, and what counts as a facility.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 11. Pet Boarding Facilities [122380 - 122388] ( Chapter 11 added by Stats. 2016, Ch. 364, Sec. 1. ) ## 122380. As used in this chapter, the following definitions apply: (a) “Enrichment” means providing objects or activities, appropriate to the needs of the species, as well as the age, size, and condition of the pet, that stimulate the pet and promote the pet’s well-being. (b) “Permanent or fixed enclosure” means a structure, including, but not limited to, an exercise run, kennel, or room, used to restrict a pet, that provides for the effective separation of a pet from the pet’s waste products. (c) “Person” means an individual, partnership, firm, limited liability company, joint-stock company, corporation, association, trust, estate, or other legal entity. (d) “Pet” means any nonhuman animal housed in the pet boarding facility, including, but not limited to, mammals, birds, reptiles, and amphibians. However, “pet” does not include a horse. (e) “Pet boarding facility” means any lot, building, structure, enclosure, or premises, or a portion thereof, whereupon four or more dogs, cats, or other pets in any combination are boarded at the request of, and in exchange for compensation provided by, their owner. However, “pet boarding facility” does not include a city, county, or city and county animal control agency, society for the prevention of cruelty to animals, or humane society that contracts for the care of stray or abandoned animals, or the premises of a veterinary facility that is registered pursuant to Section 4853 of the Business and Professions Code. (f) “Pet boarding facility operator” or “operator” means a person who owns or operates, or both, a pet boarding facility. (g) “Temporary enclosure” means a structure used to restrict a pet, including, but not limited to, a crate or cage, that does not provide for the effective separation of a pet from the pet’s waste products. (Added by Stats. 2016, Ch. 364, Sec. 1. (SB 945) Effective January 1, 2017.)
  184. 122381.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 11. Pet Boarding Facilities [122380 - 122388] ( Chapter 11 added by Stats. 2016, Ch. 364, Sec. 1. )

    Verify source ↗

    Pet boarding facility operators must keep facilities safe, sanitary, secure, and properly managed, and must report certain uncontained escapes.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 11. Pet Boarding Facilities [122380 - 122388] ( Chapter 11 added by Stats. 2016, Ch. 364, Sec. 1. ) ## 122381. Each pet boarding facility operator shall be responsible for all of the following: (a) Ensuring that the entire pet boarding facility, including all equipment therein, is structurally sound and maintained in good repair. (b) Ensuring that pests do not inhabit any part of the pet boarding facility in a number large enough to be harmful, threatening, or annoying to the pets. (c) Ensuring the containment of pets within the pet boarding facility, and, in the event that a pet escapes, making reasonable efforts to immediately capture the escaped pet. (d) If an escaped pet has not been captured despite reasonable efforts, ensuring that all material facts regarding the pet’s escape are reported to the local agency for animal control and to the owner. (e) Ensuring that the pet boarding facility’s interior building surfaces, including walls and floors, are constructed in a manner that permits them to be readily cleaned and sanitized. (f) Ensuring that light, by natural or artificial means, is distributed in a manner that permits routine inspection and cleaning, and the proper care and maintenance of the pets. (g) If pet grooming services are offered by a pet boarding facility, separating the grooming work area from the pet boarding facility’s permanent or fixed and temporary enclosures and ensuring that the grooming areas are cleaned and sanitized at least once daily. (h) Storing food in an area separate from permanent or fixed enclosures or temporary enclosures. (i) Maintaining an area for isolating sick pets from healthy pets. (Added by Stats. 2016, Ch. 364, Sec. 1. (SB 945) Effective January 1, 2017.)
  185. 122382.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 11. Pet Boarding Facilities [122380 - 122388] ( Chapter 11 added by Stats. 2016, Ch. 364, Sec. 1. )

    Verify source ↗

    Pet enclosures must meet minimum safety, sanitation, comfort, and space standards, and cats in permanent or fixed enclosures need an elevated platform.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 11. Pet Boarding Facilities [122380 - 122388] ( Chapter 11 added by Stats. 2016, Ch. 364, Sec. 1. ) ## 122382. (a) Each permanent or fixed and temporary enclosure shall comply with all of the following standards: (1) Be structurally sound and maintained in good repair to protect the enclosed pet from injury, to contain the pet, to keep other animals out, and to promote the health and well-being of the pet. (2) Be maintained in a comfortable and sanitary manner. When being cleaned in a manner or with a substance that is or may be harmful to a pet within the enclosure, that pet shall be removed from the enclosure. (3) Be constructed of material suitable for regular cleaning and sanitizing. (4) As needed to ensure the comfort and well-being of the pet, provide heating, cooling, lighting, ventilation, shade, and protection from the elements, including, but not limited to, the sun, wind, rain, and snow. (5) Allow a pet to turn around freely, stand easily, and sit or lie down in a comfortable position. (b) Each enclosure is either a permanent or fixed enclosure or a temporary enclosure. (c) In addition to the requirements set forth in subdivision (a), a permanent or fixed enclosure for a cat shall provide an elevated platform appropriate for the size of the cat. (d) A pet may be contained in a temporary enclosure for a period not to exceed 4 hours during the day and 12 hours at night or the length of time that is humane for that particular pet, whichever is less. However, the pet shall remain outside the temporary enclosure for no less than the amount of time needed for the pet to eliminate its waste. (Added by Stats. 2016, Ch. 364, Sec. 1. (SB 945) Effective January 1, 2017.)
  186. 122383.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 11. Pet Boarding Facilities [122380 - 122388] ( Chapter 11 added by Stats. 2016, Ch. 364, Sec. 1. )

    Verify source ↗

    A pet boarding facility operator must meet specific animal care requirements for pets in the facility.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 11. Pet Boarding Facilities [122380 - 122388] ( Chapter 11 added by Stats. 2016, Ch. 364, Sec. 1. ) ## 122383. A pet boarding facility operator shall comply with all of the following animal care requirements: (a) House only one pet at a time in an enclosure unless otherwise consented to by the owner. (b) Observe each pet as necessary, but no less than once every 24 hours, in order to recognize the signs of sickness, injury, or distress, and in order to ensure that the pet, food, and waste or debris is removed as necessary to prevent contamination or injury. (c) Provide each pet with easy and convenient access to potable water at all times, or if the behavior of the pet makes unrestricted access to water impracticable, offer water as often as necessary to ensure the pet’s health and well-being. However, water may be restricted as directed by the owner or a licensed veterinarian. (d) Provide each pet with nutritious food in quantities and at intervals suitable for that pet. (e) Provide each pet daily with enrichment sufficient to maintain the behavioral health of the pet. (f) Maintain and abide by written policies and procedures that address animal care, management and safe handling, disease prevention and control, routine care, preventive care, emergency care, veterinary treatment, and disaster planning, evacuation, and recovery that are applicable to the location of the pet boarding facility. These procedures shall be reviewed with each employee who provides animal care and shall be present, in writing, either electronically or physically, in the facility and made available to all employees. (g) Isolate those pets that have or are suspected of having a contagious condition. (h) Ensure that each sick or injured pet is immediately provided with appropriate care and, if prudent, veterinary treatment. (i) Ensure that the owner of a pet is notified immediately that his or her pet is sick or injured unless the owner has indicated in writing that notification of any, or a particular, type of illness or injury is not required. (j) In the event of a natural disaster, an emergency evacuation, or other similar occurrence, ensure that the humane care and treatment of each animal is provided for, as required by this chapter, to the extent access to the pet is reasonably available. (Added by Stats. 2016, Ch. 364, Sec. 1. (SB 945) Effective January 1, 2017.)
  187. 122384.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 11. Pet Boarding Facilities [122380 - 122388] ( Chapter 11 added by Stats. 2016, Ch. 364, Sec. 1. )

    Verify source ↗

    A pet boarding facility operator must give each owner written information about boarding times, onsite staffing times, enclosure size, observation practices, and the facility’s daily activity schedule, and must disclose material deviations from those practices.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 11. Pet Boarding Facilities [122380 - 122388] ( Chapter 11 added by Stats. 2016, Ch. 364, Sec. 1. ) ## 122384. (a) A pet boarding facility operator shall provide each owner with written information describing all of the following: (1) Days and times during which the pet boarding facility permits pets to be dropped off and picked up. (2) Days and times during which personnel are onsite. (3) The square footage of the permanent or fixed and temporary enclosures in which the species of pet that the owner is boarding is customarily contained. (4) General observation practices during each 24-hour period for the species of pet that the owner is boarding is customarily observed by personnel. (5) The pet boarding facility’s customary daily activity schedule for the species of pet that the owner is boarding. (b) If the pet boarding facility will materially deviate from the customary practices described in the written information required by subdivision (a) with respect to an owner’s pet, the pet boarding facility operator shall disclose those deviations to the owner or patron, as appropriate. (Added by Stats. 2016, Ch. 364, Sec. 1. (SB 945) Effective January 1, 2017.)
  188. 122385.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 11. Pet Boarding Facilities [122380 - 122388] ( Chapter 11 added by Stats. 2016, Ch. 364, Sec. 1. )

    Verify source ↗

    A pet boarding facility must maintain either a connected fire alarm system or a fire suppression sprinkler system.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 11. Pet Boarding Facilities [122380 - 122388] ( Chapter 11 added by Stats. 2016, Ch. 364, Sec. 1. ) ## 122385. A pet boarding facility shall maintain either of the following: (a) A fire alarm system that is connected to a central reporting station that alerts the local fire department in case of fire. (b) A fire suppression sprinkler system. (Added by Stats. 2016, Ch. 364, Sec. 1. (SB 945) Effective January 1, 2017.)
  189. 122386.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 11. Pet Boarding Facilities [122380 - 122388] ( Chapter 11 added by Stats. 2016, Ch. 364, Sec. 1. )

    Verify source ↗

    Officers must issue a notice to correct for certain pet boarding facility violations, and operators can face escalating penalties for repeat or harmful violations.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 11. Pet Boarding Facilities [122380 - 122388] ( Chapter 11 added by Stats. 2016, Ch. 364, Sec. 1. ) ## 122386. (a) An animal control officer, as defined in Section 830.9 of the Penal Code, a humane officer qualified pursuant to Section 14502 or 14503 of the Corporations Code, or a peace officer who detects a violation of Sections 122380 to 122385, inclusive, if he or she decides the violation warrants formal action, shall issue a single notice to correct that shall contain all of the following information: (1) Specify each violation of this chapter found in the inspection. (2) Identify the corrective action for each violation. (3) Include a specific period of time during which the listed violation or violations are to be corrected. (b) After issuing a notice to correct pursuant to this section, the officer or another qualified officer of the issuing agency shall verify compliance with this chapter by conducting a subsequent investigation of the pet boarding facility within a reasonable period of time. (c) An exact, legible copy of the notice to correct shall be delivered to the pet boarding facility operator at the time he or she signs the notice. In the alternative, the issuing agency may personally deliver the notice to the operator within 48 hours of its issuance, excluding holidays and weekends. The signing of the notice is an acknowledgment of receipt and does not constitute an admission of guilt. (d) A pet boarding facility operator who is verified to have complied with a notice to correct shall not be subject to subdivision (g). (e) A pet boarding facility operator who violates the same provision of this chapter on more than one occasion within a five-year period is not eligible to receive a notice to correct, and is guilty of an infraction on the second violation, and is guilty of a misdemeanor on the third or subsequent violation. (f) Notwithstanding subdivision (a), a pet boarding facility operator that causes or allows harm or injury to an animal, or allows an animal to be subject to an unreasonable risk of harm or injury is guilty of a misdemeanor. (g) Except as provided in subdivisions (e) and (f), a pet boarding facility operator who violates any provision of this chapter is guilty of an infraction punishable by a fine not to exceed two hundred fifty dollars ($250) for the first violation and by a fine not to exceed one thousand dollars ($1,000) for each subsequent violation. The court shall weigh the gravity of the offense in setting the penalty. (Added by Stats. 2016, Ch. 364, Sec. 1. (SB 945) Effective January 1, 2017.)
  190. 122387.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 11. Pet Boarding Facilities [122380 - 122388] ( Chapter 11 added by Stats. 2016, Ch. 364, Sec. 1. )

    Verify source ↗

    This section says the chapter does not limit or override other animal- or consumer-protection laws, including Penal Code section 597.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 11. Pet Boarding Facilities [122380 - 122388] ( Chapter 11 added by Stats. 2016, Ch. 364, Sec. 1. ) ## 122387. (a) Nothing in this chapter 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, Section 597 of the Penal Code. (b) Nothing in this chapter limits, or authorizes any act or omission that violates, Section 597 of the Penal Code, or any other local, state, or federal law that protects animals or the rights of consumers. (Added by Stats. 2016, Ch. 364, Sec. 1. (SB 945) Effective January 1, 2017.)
  191. 122388.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 11. Pet Boarding Facilities [122380 - 122388] ( Chapter 11 added by Stats. 2016, Ch. 364, Sec. 1. )

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    A city, county, or city and county may adopt ordinances adding standards and requirements for pet boarding facilities.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 11. Pet Boarding Facilities [122380 - 122388] ( Chapter 11 added by Stats. 2016, Ch. 364, Sec. 1. ) ## 122388. Pursuant to Section 7 of Article XI of the California Constitution, a city, county, or city and county may adopt ordinances that establish additional standards and requirements for a pet boarding facility. (Added by Stats. 2016, Ch. 364, Sec. 1. (SB 945) Effective January 1, 2017.)
  192. 122390.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 12. Safe Transportation of Dogs and Cats [122390 - 122390.3] ( Chapter 12 added by Stats. 2022, Ch. 80, Sec. 2. )

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    This chapter is called the Safe Transportation of Dogs and Cats Act.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 12. Safe Transportation of Dogs and Cats [122390 - 122390.3] ( Chapter 12 added by Stats. 2022, Ch. 80, Sec. 2. ) ## 122390. This chapter shall be known, and may be cited, as the Safe Transportation of Dogs and Cats Act. (Added by Stats. 2022, Ch. 80, Sec. 2. (AB 1781) Effective January 1, 2023.)
  193. 122390.1.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 12. Safe Transportation of Dogs and Cats [122390 - 122390.3] ( Chapter 12 added by Stats. 2022, Ch. 80, Sec. 2. )

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    This section defines “mobile or traveling housing facility” for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 12. Safe Transportation of Dogs and Cats [122390 - 122390.3] ( Chapter 12 added by Stats. 2022, Ch. 80, Sec. 2. ) ## 122390.1. For purposes of this chapter, “mobile or traveling housing facility” means a transporting vehicle, including, but not limited to, a car, truck, trailer, bus, or recreational vehicle used to transport animals by an entity described in Section 122390.3. (Added by Stats. 2022, Ch. 80, Sec. 2. (AB 1781) Effective January 1, 2023.)
  194. 122390.2.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 12. Safe Transportation of Dogs and Cats [122390 - 122390.3] ( Chapter 12 added by Stats. 2022, Ch. 80, Sec. 2. )

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    Conditions in a mobile or traveling housing facility for dogs and cats must not endanger an animal’s health or well-being.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 12. Safe Transportation of Dogs and Cats [122390 - 122390.3] ( Chapter 12 added by Stats. 2022, Ch. 80, Sec. 2. ) ## 122390.2. The conditions in a mobile or traveling housing facility for dogs and cats shall not endanger the health or well-being of an animal due to heat, cold, lack of adequate ventilation, lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal. (Added by Stats. 2022, Ch. 80, Sec. 2. (AB 1781) Effective January 1, 2023.)
  195. 122390.3.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 12. Safe Transportation of Dogs and Cats [122390 - 122390.3] ( Chapter 12 added by Stats. 2022, Ch. 80, Sec. 2. )

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    This chapter applies to certain animal control agencies, shelters, humane societies, and rescue groups if they have a cooperative agreement with at least one private or public shelter under the cited Food and Agricultural Code sections.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 12. Safe Transportation of Dogs and Cats [122390 - 122390.3] ( Chapter 12 added by Stats. 2022, Ch. 80, Sec. 2. ) ## 122390.3. This chapter applies to any 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. (Added by Stats. 2022, Ch. 80, Sec. 2. (AB 1781) Effective January 1, 2023.)
  196. 122395.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 12.5. Dog Training [122395 - 122395.2] ( Chapter 12.5 added by Stats. 2022, Ch. 276, Sec. 1. )

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    This chapter may be cited as the Dog Trainer Sufficiency Act.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 12.5. Dog Training [122395 - 122395.2] ( Chapter 12.5 added by Stats. 2022, Ch. 276, Sec. 1. ) ## 122395. This chapter shall be known, and may be cited, as the Dog Trainer Sufficiency Act. (Added by Stats. 2022, Ch. 276, Sec. 1. (AB 1901) Effective January 1, 2023.)
  197. 122395.1.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 12.5. Dog Training [122395 - 122395.2] ( Chapter 12.5 added by Stats. 2022, Ch. 276, Sec. 1. )

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    This section defines key terms used in the dog training chapter.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 12.5. Dog Training [122395 - 122395.2] ( Chapter 12.5 added by Stats. 2022, Ch. 276, Sec. 1. ) ## 122395.1. The following definitions apply for purposes of this chapter: (a) “Dog trainer” or “trainer” means a person, firm, partnership, corporation, or other association that sells, offers, or provides dog training services on the premises of the person, firm, partnership, corporation, or other association, or from any other location, but does not include a person as defined in subdivision (a) of Section 7201 of the Business and Professions Code. (b) “Dog training” means the training or behavior modification of dogs or serving as a dog behavior consultant, when performed for a fee, salary, or other form of compensation. (c) “Person” means an individual, partnership, firm, limited liability company, joint stock company, corporation, association, trust, estate, or other legal entity. (d) “Purchaser” means any person who purchases dog training services. (Added by Stats. 2022, Ch. 276, Sec. 1. (AB 1901) Effective January 1, 2023.)
  198. 122395.2.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 12.5. Dog Training [122395 - 122395.2] ( Chapter 12.5 added by Stats. 2022, Ch. 276, Sec. 1. )

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    Dog trainers must give purchasers a written disclosure at the time of purchase and both parties must sign it.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 6. VETERINARY PUBLIC HEALTH AND SAFETY [121575 - 122395.2] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 12.5. Dog Training [122395 - 122395.2] ( Chapter 12.5 added by Stats. 2022, Ch. 276, Sec. 1. ) ## 122395.2. (a) A dog trainer shall deliver to a purchaser of dog training services at the time of purchase of the dog training services, a written disclosure containing all of the following: (1) The trainer’s name and address. (2) Any civil judgments related to the dog trainer’s services, or a statement that no judgments exist. (3) Any criminal animal cruelty convictions against the dog trainer or an employee of a dog trainer that will be providing the dog training services to the purchaser, or a statement that no convictions exist. (b) The written disclosure made pursuant to this section shall be signed by the trainer certifying the accuracy of the statement, and by the purchaser of the training services acknowledging receipt of the statement. (c) A person may bring a civil action in a court of competent jurisdiction for damages arising from a violation of this section. (Added by Stats. 2022, Ch. 276, Sec. 1. (AB 1901) Effective January 1, 2023.)
  199. 122400.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 7. HEPATITIS C [122400 - 122445] ( Part 7 added by Stats. 1998, Ch. 867, Sec. 1. ) ## CHAPTER 1. General Provisions [122400 - 122445] ( Chapter 1 added by Stats. 1998, Ch. 867, Sec. 1. )

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    This chapter may be cited as the Hepatitis C Education, Screening, and Treatment Act.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 7. HEPATITIS C [122400 - 122445] ( Part 7 added by Stats. 1998, Ch. 867, Sec. 1. ) ## CHAPTER 1. General Provisions [122400 - 122445] ( Chapter 1 added by Stats. 1998, Ch. 867, Sec. 1. ) ## 122400. This chapter shall be known, and may be cited, as the Hepatitis C Education, Screening, and Treatment Act. (Added by Stats. 1998, Ch. 867, Sec. 1. Effective January 1, 1999.)
  200. 122405.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 7. HEPATITIS C [122400 - 122445] ( Part 7 added by Stats. 1998, Ch. 867, Sec. 1. ) ## CHAPTER 1. General Provisions [122400 - 122445] ( Chapter 1 added by Stats. 1998, Ch. 867, Sec. 1. )

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    The Legislature states findings about hepatitis C and expresses an intent to study the health care delivery system and urge the department to support education and outreach funding.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 7. HEPATITIS C [122400 - 122445] ( Part 7 added by Stats. 1998, Ch. 867, Sec. 1. ) ## CHAPTER 1. General Provisions [122400 - 122445] ( Chapter 1 added by Stats. 1998, Ch. 867, Sec. 1. ) ## 122405. The Legislature hereby finds and declares all of the following: (a) Hepatitis C is classified as a silent killer, where no recognizable signs or symptoms occur until severe liver damage has occurred. (b) Hepatitis C has been characterized by the World Health Organization as a disease of primary concern to humanity. (c) Studies indicate that 1.8 percent of the population, nearly 4 million Americans, carry the virus HCV that causes hepatitis C. In California, as many as 500,000 individuals may be carriers and could develop the debilitating and potentially deadly liver disease associated with hepatitis C in their lifetime. An expert panel, convened in March by the National Institutes of Health (NIH), estimated that 30,000 acute new infections occur each year in the United States, and only 25 to 30 percent of those are diagnosed. Current data sources indicate that 8,000 to 10,000 Americans die from hepatitis C each year. (d) Studies also indicate that 39.4 percent of male inmates and 54.5 percent of female inmates in California correctional facilities have hepatitis C, 26 times higher than the general population. Upon their release from prison, these inmates present a significant health risk to the general population of California. (e) It is the intent of the Legislature to study the adequacy of the health care delivery system as it pertains to hepatitis C. (f) It is the intent of the Legislature to urge the department to make funds available to community-based nonprofit organizations for education and outreach with respect to the hepatitis C virus. (Amended by Stats. 2000, Ch. 754, Sec. 1. Effective January 1, 2001.)

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