AMENDED IN SENATE JULY 2, 2025
AMENDED IN SENATE MAY 28, 2025
AMENDED IN ASSEMBLY MARCH 18, 2025
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
94
CHAPTER 478
Statutes of 2025
[ Approved by Governor October 9, 2025. Filed with Secretary of State October 9, 2025. ]
Introduced by Assembly Member Berman
(Coauthor: Assembly Member Haney)
February 10, 2025
An act to add Chapter 9.5 (commencing with Section 122365) to Part 6 of Division 105 of the Health and Safety Code, relating to pets.
Vote: majority Appropriation: no Fiscal committee: no Local program: no
LEGISLATIVE COUNSEL’S DIGEST
Existing law, the Lockyer-Polanco-Farr Pet Protection Act, requires dealers of dogs and cats to comply with its provisions, including maintaining certain health and safety standards for pets and providing purchasers and prospective purchasers of pets, upon request, with written notice of consumer rights concerning the sale of a pet, including information about available refunds and other remedies. Existing law prohibits an online pet retailer, as defined, from offering, brokering, making a referral for, or otherwise facilitating a loan or other financing option for, the adoption or sale of a dog, cat, or a rabbit. Existing law makes a violation of these provisions subject to a civil penalty.
This bill would prohibit, subject to specified exemptions, a broker from making available for adoption, selling, or offering for sale a dog under one year of age, a cat, or rabbit. The bill would define a broker as 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 and would include facilitating the transfer of those animals for profit.
The people of the State of California do enact as follows:
SECTION 1.
Chapter 9.5 (commencing with Section 122365) is added to Part 6 of Division 105 of the Health and Safety Code, to read:
Chapter 9.5. Prohibition of Animal Sales by Broker
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.
(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.