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California

West's Annotated California Codes. Civil Code. Division 3. Obligations. Part 4. Obligations Arising from Particular Transactions. Title 3. Deposit. Chapter 2. Deposit for Keeping. Article 1. General Provisions.

Statute Details
Printable Version
Citation: CA CIVIL 1833 - 1840

Citation: West's Ann. Cal. Civ. Code 1833 - 1840


Last Checked by Web Center Staff: 11/2012

Summary:   The following statutes requires that a research facility which houses living animals shall provide said animals with veterinary care, food, housing, and treat each animal with kindness.  Any violation of the statute could result in civil liability.  In addition, the statutes provide that an alternative testing method must be utilized when scientifically validated, recommended by the ICCVAM, and adopted by the appropriate federal agency.


Statute in Full:

§ 1833. Indemnification of depositary

§ 1834. Depositary of animals; duties

§ 1834.4. Euthanasia

§ 1834.6. Use of abandoned animals for scientific or other experimentation prohibited

§ 1834.7. Use of animals turned over to pound or animal regulation department for biological supply or research facility; sign on pound or animal regulation department

§ 1834.8. Public auctions or sales of equines; notice of sale for slaughter; minimum bids; posting of slaughter prices

§ 1834.9. Alternative animal test methods; required use by manufacturers and contract testing facilities

§ 1835. Use of thing deposited; opening fastened thing

§ 1836. Wrongful use; damages

§ 1837. Sale of thing in danger of perishing

§ 1838. Loss of or injury to thing deposited

§ 1839. Services by depositary

§ 1840. Negligence; limitation of liability

 

 

 

§ 1833. Indemnification of depositary

A depositor must indemnify the depositary:

1. For all damage caused to him by the defects or vices of the thing deposited; and,

2. For all expenses necessarily incurred by him about the thing, other than such as are involved in the nature of the undertaking.

CREDIT(S)

(Enacted 1872.)

 

§ 1834. Depositary of animals; duties

A depositary of living animals shall provide the animals with necessary and prompt veterinary care, nutrition, and shelter, and treat them kindly. Any depositary that fails to perform these duties may be liable for civil damages as provided by law.

CREDIT(S)

(Enacted 1872. Amended by Stats.1998, c. 752 (S.B.1785), § 4.)


§ 1834.4. Euthanasia

(a) It is the policy of the state that no adoptable animal should be euthanized if it can be adopted into a suitable home. Adoptable animals include only those animals eight weeks of age or older that, at or subsequent to the time the animal is impounded or otherwise taken into possession, have manifested no sign of a behavioral or temperamental defect that could pose a health or safety risk or otherwise make the animal unsuitable for placement as a pet, and have manifested no sign of disease, injury, or congenital or hereditary condition that adversely affects the health of the animal or that is likely to adversely affect the animal's health in the future.

(b) It is the policy of the state that no treatable animal should be euthanized. A treatable animal shall include any animal that is not adoptable but that could become adoptable with reasonable efforts. This subdivision, by itself, shall not be the basis of liability for damages regarding euthanasia.

CREDIT(S)

(Added by Stats.1998, c. 752 (S.B.1785), § 5.)

 

§ 1834.5. Abandoned animals; disposition; notice

Notwithstanding any other provision of law, whenever any animal is delivered to any veterinarian, dog kennel, cat kennel, pet-grooming parlor, animal hospital, or any other animal care facility pursuant to any written or oral agreement entered into after the effective date of this section, and the owner of such animal does not pick up the animal within 14 calendar days after the day the animal was due to be picked up, the animal shall be deemed to be abandoned. The person into whose custody the animal was placed for care shall first try for a period of not less than 10 days to find a new owner for the animal, and, if unable to place the animal with a new owner, shall thereafter humanely destroy the animal so abandoned.

If an animal so abandoned was left with a veterinarian or with a facility which has a veterinarian, and a new owner cannot be found pursuant to this section, such veterinarian shall humanely destroy the animal.

There shall be a notice posted in a conspicuous place, or in conspicuous type in a written receipt given, to warn each person depositing an animal at such animal care facilities of the provisions of this section.

CREDIT(S)

(Added by Stats.1969, c. 1138, p. 2205, § 1. Amended by Stats.1970, c. 1166, p. 2071, § 1; Stats.1971, c. 477, p. 962, § 1.)


§ 1834.6. Use of abandoned animals for scientific or other experimentation prohibited

An abandoned animal, as described in Section 1834.5, shall not be used for scientific or any other type of experimentation, nor shall such an abandoned animal be turned over to a pound or animal regulation department of a public agency.

CREDIT(S)

(Added by Stats.1969, c. 1138, p. 2205, § 2.)

 

§ 1834.7. Use of animals turned over to pound or animal regulation department for biological supply or research facility; sign on pound or animal regulation department

(a) In any pound or animal regulation department of a public or private agency where animals are turned over dead or alive to a biological supply facility or a research facility, a sign (measuring a minimum of 28 x 21 cm--11 x 8 1/2 inches--with lettering of a minimum of 3.2 cm high and 1.2 cm wide--1 1/4 x 1/2 inch--(91 point)) stating:

“Animals Turned In To This Shelter May Be Used For Research Purposes or to Supply Blood, Tissue, or Other Biological Products” shall be posted in a place where it will be clearly visible to a majority of persons when turning animals over to the shelter. This statement shall also be included on owner surrender forms. The owner surrender forms shall also include the definition of “biological supply facility” contained in subdivision (c).

(b) For purposes of this section, “animal research facility” includes any laboratory, firm, association, corporation, copartnership, and educational institution.

(c) For purposes of this section, “biological supply facility” includes any blood bank, laboratory, firm, association, corporation, copartnership, or educational institution that sells biological materials such as blood or animals, either alive or dead, to research facilities, educational institutions, or veterinarians.

CREDIT(S)

(Added by Stats.1978, c. 777, p. 2484, § 1. Amended by Stats.1980, c. 676, p. 1896, § 50; Stats.2001, c. 139 (S.B.338), § 1, operative July 1, 2002.)

 

§ 1834.8. Public auctions or sales of equines; notice of sale for slaughter; minimum bids; posting of slaughter prices

(a) At any public auction or sale where equines are sold, the management of the auction or sale shall post a sign (measuring a minimum of 15 x 9 inches with lettering of a minimum of 1 1/4 x 1/2 (91 point)) or shall insert into its consignment agreement with the seller in boldface type the notice stated in subdivision (b). If a sign is posted, it shall be posted in a conspicuous place so that it will be clearly visible to a majority of persons attending the sale. If the notice is inserted into the consignment agreement, space shall be provided adjacent to the notice for the seller to initial his or her acknowledgment of the notice.

(b) The notice required by subdivision (a) shall read as follows:

“WARNING

Horses sold on these premises may be purchased for slaughter.

As a possible safeguard, seller can set minimum bid above
current slaughter prices.”

(c) For the purposes of this section, the management of the auction or sale shall post current slaughter prices or make them available to sellers upon request.

CREDIT(S)

(Added by Stats.1995, c. 99 (S.B.1219), § 1. Amended by Stats.2006, c. 538 (S.B.1852), § 53.)

 

§ 1834.9. Alternative animal test methods; required use by manufacturers and contract testing facilities

(a) Manufacturers and contract testing facilities shall not use traditional animal test methods within this state for which an appropriate alternative test method has been scientifically validated and recommended by the Inter-Agency Coordinating Committee for the Validation of Alternative Methods (ICCVAM) and adopted by the relevant federal agency or agencies or program within an agency responsible for regulating the specific product or activity for which the test is being conducted.

(b) Nothing in this section shall prohibit the use of any alternative nonanimal test method for the testing of any product, product formulation, chemical, or ingredient that is not recommended by ICCVAM.

(c) Nothing in this section shall prohibit the use of animal tests to comply with requirements of state agencies. Nothing in this section shall prohibit the use of animal tests to comply with requirements of federal agencies when the federal agency has approved an alternative nonanimal test pursuant to subdivision (a) and the federal agency staff concludes that the alternative nonanimal test does not assure the health or safety of consumers.

(d) Notwithstanding any other provision of law, the exclusive remedy for enforcing this section shall be a civil action for injunctive relief brought by the Attorney General, the district attorney of the county in which the violation is alleged to have occurred, or a city attorney of a city or a city and county having a population in excess of 750,000 and in which the violation is alleged to have occurred. If the court determines that the Attorney General or district attorney is the prevailing party in the enforcement action, the official may also recover costs, attorney fees, and a civil penalty not to exceed five thousand dollars ($5,000) in that action.

(e) This section shall not apply to any animal test performed for the purpose of medical research.

(f) For the purposes of this section, these terms have the following meanings:

(1) “Animal” means vertebrate nonhuman animal.

(2) “Manufacturer” means any partnership, corporation, association, or other legal relationship that produces chemicals, ingredients, product formulations, or products in this state.

(3) “Contract testing facility” means any partnership, corporation, association, or other legal relationship that tests chemicals, ingredients, product formulations, or products in this state.

(4) “ICCVAM” means the Inter-Agency Coordinating Committee for the Validation of Alternative Methods, a federal committee comprised of representatives from 14 federal regulatory or research agencies, including the Food and Drug Administration, Environmental Protection Agency, and Consumer Products Safety Commission, that reviews the validity of alternative test methods. The committee is the federal mechanism for recommending appropriate, valid test methods to relevant federal agencies.

(5) “Medical research” means research related to the causes, diagnosis, treatment, control, or prevention of physical or mental diseases and impairments of humans and animals or related to the development of biomedical products, devices, or drugs as defined in Section 321(g)(1) of Title 21 of the United States Code. Medical research does not include the testing of an ingredient that was formerly used in a drug, tested for the drug use with traditional animal methods to characterize the ingredient and to substantiate its safety for human use, and is now proposed for use in a product other than a biomedical product, medical device, or drug.

(6) “Traditional animal test method” means a process or procedure using animals to obtain information on the characteristics of a chemical or agent. Toxicological test methods generate information regarding the ability of a chemical or agent to produce a specific biological effect under specified conditions.

(7) “Validated alternative test method” means a test method that does not use animals, or in some cases reduces or refines the current use of animals, for which the reliability and relevance for a specific purpose has been established in validation studies as specified in the ICCVAM report provided to the relevant federal agencies.

(8) “Person” means an individual with managerial control, or a partnership, corporation, association, or other legal relationship.

(9) “Adopted by a federal agency” means a final action taken by an agency, published in the Federal Register, for public notice.

CREDIT(S)

(Formerly § 1834.8, added by Stats.2000, c. 476 (S.B.2082), § 1. Renumbered § 1834.9 and amended by Stats.2001, c. 159 (S.B.662), § 34.5.)

 

§ 1835. Use of thing deposited; opening fastened thing

A depositary may not use the thing deposited, or permit it to be used, for any purpose, without the consent of the depositor. He may not, if it is purposely fastened by the depositor, open it without the consent of the latter, except in case of necessity.

CREDIT(S)

(Enacted 1872.)


§ 1836. Wrongful use; damages

A depositary is liable for any damage happening to the thing deposited, during his wrongful use thereof, unless such damage must inevitably have happened though the property had not been thus used.

CREDIT(S)

(Enacted 1872.)


§ 1837. Sale of thing in danger of perishing

If a thing deposited is in actual danger of perishing before instructions can be obtained from the depositor, the depositary may sell it for the best price obtainable, and retain the proceeds as a deposit, giving immediate notice of his proceedings to the depositor.


CREDIT(S)

(Enacted 1872.)

 

§ 1838. Loss of or injury to thing deposited

If a thing is lost or injured during its deposit, and the depositary refuses to inform the depositor of the circumstances under which the loss or injury occurred, so far as he has information concerning them, or willfully misrepresents the circumstances to him, the depositary is presumed to have willfully, or by gross negligence, permitted the loss or injury to occur.

CREDIT(S)

(Enacted 1872.)

 

§ 1839. Services by depositary

So far as any service is rendered by a depositary, or required from him, his duties and liabilities are prescribed by the Title on Employment and Service.


CREDIT(S)

(Enacted 1872.)

 

§ 1840. Negligence; limitation of liability

The liability of a depositary for negligence cannot exceed the amount which he is informed by the depositor, or has reason to suppose, the thing deposited to be worth.

CREDIT(S)

(Enacted 1872. Amended by Code Am.1873-74, c. 612, p. 244, § 200.)

 

 



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