California AB 418 – Ban on Ear Cropping


INTRODUCED BY Assembly Member Koretz

FEBRUARY 15, 2005

An act to add Section 597.7 to the Penal Code, relating to animals.


AB 418, as introduced, Koretz. Dogs: animal cruelty: ear cropping. Existing law makes it a crime for any person to engage in acts that constitute cruelty to animals, as specified. This bill would make it a misdemeanor for any person to perform, or otherwise procure or arrange for the performance of, an ear cropping procedure on any dog within this state, except if performed by a licensed veterinarian solely for a therapeutic purpose, as defined. The prohibition would not apply to the owning, harboring, selling, buying, adopting, or showing at a dog show or competition of a dog with cropped ears. A person who violates this provision would be subject to a maximum civil penalty of $10,000, as specified. By creating a new crime, this bill would impose a state-mandated local program upon local government.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.


SECTION 1. Section 597.7 is added to the Penal Code , to read: 597.7. (a) Any person who performs, or otherwise procures or arranges for the performance of, an ear cropping procedure on any dog within this state is guilty of a misdemeanor.(b) (1) This section does not apply to a procedure performed by a licensed veterinarian solely for a therapeutic purpose. (2) Nothing in this section shall prohibit any of the following: (A) Showing a dog with cropped ears in a dog show or competition.

(B) Owning or harboring a dog with cropped ears. (C) Selling, buying, or adopting a dog with cropped ears. (c) A peace officer, officer of a humane society as qualified under Section 14502 or 14503 of the Corporations Code, or officer of an animal control or animal regulation department of a public agency, as qualified under Section 830.9 of the Penal Code, may enforce this chapter. (d) (1)Any person who violates this section is subject to a civil penalty in an amount not to exceed ten thousand dollars ($10,000) for each violation. (2) The civil penalty shall be payable to the local agency initiating the proceedings to enforce this section to offset the costs to the agency related to court proceedings. (e) A person or entity that violates this section may be prosecuted by the district attorney of the county in which the violation occurred, or by the city attorney of the city in which the violation occurred. (f) For the purposes of this section, the following terms have the following meanings: (1) "Ear cropping" means the surgical alteration, manipulation, or removal of any part of a dog's ear so that the ear then heals in a pointed, erect, or severed state. (2) "Therapeutic purpose" means a medically necessary procedure to address a disease or injury of the dog's ear or to address a condition that jeopardizes the dog's health. "Therapeutic purpose" does not include the prevention of an ear infection. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

2 thoughts on “California AB 418 – Ban on Ear Cropping”

  1. To ban ear cropping because it is animal abuse is a bit lame. I know I know I am just outright mean then right? Not at all! Think about it. Would you ban circumcision because it is human abuse? I think not. You say oh well circumcision is necessary for medical reasons… NOT! You just need to wash yourself better. Get a grip people!

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