AB 506

Introduced by Assembly Member Bennett
(Principal coauthor: Assembly Member Berman)
(Principal coauthor: Senator Umberg)
(Coauthor: Assembly Member Haney)
(Coauthor: Senator Cervantes)
An act to add Article 2.5 (commencing with Section 122225) to Chapter 5 of Part 6 of Division 105 of the Health and Safety Code, relating to pets.
pets
Pets: sales of dogs, cats, and rabbits.
Existing law, the Lockyer-Polanco-Farr Pet Protection Act, requires pet dealers, as defined, to disclose at the time of sale of a dog or cat specified information, including, among others, the source of the dog or cat, a record of known diseases or illnesses afflicting the dog or cat, and a record of immunizations or inoculations, worming treatments, veterinarian treatment, or medications received by the dog or cat. Existing law, the Polanco-Lockyer Pet Breeder Warranty Act, requires dog breeders to disclose, among other things, the aforementioned medical information to purchasers. Existing law makes a person who violates these provisions liable for civil penalties, as specified.
Existing law generally regulates formation and enforcement of contracts, including what constitutes an unlawful contract. Existing law provides that, except as
			 provided, a contract entered into on or after January 1, 2018, to transfer ownership of a dog or cat in which ownership is contingent upon the making of payments over a period of time subsequent to the transfer of possession of the dog or cat is void as against public policy. Existing law provides that a contract entered into on or after January 1, 2018, for the lease of a dog or cat that provides for or offers the option of transferring ownership of the dog or cat at the end of the lease term is void as against public policy.
This bill would provide that a contract entered into on or after January 1, 2026, to transfer ownership of a dog, cat, or rabbit 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. The bill would require a person, pet dealer, or business that sells a dog,
			 cat, or rabbit to a purchaser located in California to disclose the original source and medical information of the dog, cat, or rabbit, as specified. The bill would authorize suit against a person, pet dealer, as defined, or business that violates the above-described provisions 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. The bill would authorize a purchaser affected by a violation to bring a civil action pursuant to that provision against the person, pet dealer, or business in violation of the above-described provisions, and would entitle a prevailing plaintiff to reasonable attorney’s fees and costs. The bill would also authorize the Attorney General, a county counsel, a district attorney, a city attorney, or a city prosecutor to enforce these provisions in an action brought in
			 the name of the people of the State of California in any court of competent jurisdiction.
 The bill would require, if money has been exchanged pursuant to a contract that is void pursuant to these provisions, the seller to refund the money to the purchaser within 30 days of receiving notice that the contract is void without expectation that the purchaser return the contract subject. The bill would specify that these provisions do not limit a contract for the transfer of ownership of an animal by or to a governmental agency or the transfer of ownership of a guide, signal, or service dog, as specified. The bill would specify that these provisions do not apply to a public animal control agency or shelter.
The people of the State of California do enact as follows:
SECTION 1.
Article 2.5 (commencing with Section 122225) is added to Chapter 5 of Part 6 of Division 105 of the
Health and Safety Code
, to read:
2.5.
Sale of Dogs, Cats, and Rabbits
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.
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.
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.
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.
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.
122230.
This article does not apply to a public animal control agency or shelter.
122231.
Nothing in this article shall be construed as amending the requirements of Article 1, 2, 3, or 4 of this chapter.