2020 California Code
Health and Safety Code - HSC
DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL
PART 6 - VETERINARY PUBLIC HEALTH AND SAFETY
CHAPTER 10 - Sale of Animals at Swap Meets
Section 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.)
