As used in this act, the following definitions apply: (a) âAdequate spaceâ 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) âAnimalâ 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) âDispositionâ 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) âEnrichmentâ 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 animalâs well-being. (e) âEuthanasiaâ or âeuthanizeâ means the humane destruction of an animal in compliance with the requirements set forth in paragraph (5) of subdivision (b) of Section 122354. (f) âImpervious to moistureâ 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) âIntactâ means an animal that retains its sexual organs or ability to procreate and has not been sterilized. (h) âPersonâ means an individual, partnership, firm, joint-stock company, corporation, association, trust, estate, or other legal entity. (i) âPet storeâ 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. âPet storeâ 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) âPet store operatorâ or âoperatorâ means a person who owns or operates a pet store, or both. (k) âPrimary enclosureâ 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) âRodentâ means an animal of the order Rodentia, such as a guinea pig, rat, mouse, chinchilla, or hamster. (m) âSanitizeâ means to make physically clean and to destroy, to the extent practical, agents injurious to health. (n) âTemporary enclosureâ 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) âTime of saleâ means the calendar da
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