Berman

SACRAMENTO — State lawmakers approved a bill Monday that would ban online pet dealer websites and shadowy middlemen who pose as local breeders from selling dogs to California consumers — the latest move to curtail the pipeline from out-of-state puppy mills.

Assemblymember Marc Berman (D-Menlo Park) said Assembly Bill 519 will help ensure buyers aren’t misled about where their puppies come from after a Times investigation last year detailed how designer dogs are trucked into California from out-of-state commercial breeders and resold by people claiming to be small, local operators.

“AB 519 would close this loophole that allows this dishonest practice,” Berman said.

California became the first state in the nation with a 2019 law to bar pet stores from selling commercially bred dogs. That retail ban, however, did not apply to online pet sales, which grew rapidly during the COVID-19 pandemic.

Berman’s bill would ban online marketplaces where dogs are sold by brokers, which is defined as any person or business that sells or transports a dog bred by someone else for profit. That would include major national pet retailers such as PuppySpot as well as California-based operations that market themselves as pet matchmakers. AB 519, which now heads to Gov. Gavin Newsom for his consideration, applies to dogs, cats and rabbits under a year old.

Puppy Spot opposed the bill, writing in a letter to lawmakers that it would dismantle a system they say works for families — particularly those seeking specific breeds for allergy concerns. PuppySpot CEO Claire Komorowski wrote to Berman in May that their online marketplace maintains internal breeder standards that exceed regulatory mandates.

“We believe this bill penalizes responsible, transparent operations while doing little to prevent the underground or unregulated sales that put animal health and consumer trust at risk,” PuppySpot CEO Claire Komorowski wrote to Berman in May.

The bill does not apply to police dogs or service animals and provides an exemption for shelters, rescues and 4H clubs.

“This measure is an important step in shutting down deceptive sales tactics of these puppy brokers and lessening the financial and emotional harm to families who unknowingly purchase sick or poorly bred pets,” Attorney General Rob Bonta wrote in a letter of support for the bill. “By eliminating the profit incentive for brokers while preserving legitimate avenues for Californians to obtain animals, AB 519 protects consumers, supports shelters and rescues that are already at capacity, and advances California’s commitment to the humane treatment of animals.”

Two other bills stemming from The Times’ investigation are expected to pass the Legislature this week as lawmakers wrap up session and send a flurry of bills to the governor. The package of bills has overwhelming bipartisan support.

AB 506 by Assemblymember Steve Bennett (D-Ventura) would void pet purchase contracts involving California buyers if the pet seller requires a nonrefundable deposit. The bill would also make the pet seller liable if they fail to disclose the breeder’s name and information, as well as medical information about the animal.

The Times’ investigation found that some puppies advertised on social media, online marketplaces or through breeder websites as being California-bred were actually imported from out-of-state puppy mills. To trace dogs back to mass breeding facilities, The Times requested Certificates of Veterinary Inspection, which are issued by a federally accredited veterinarian listing where the animal came from, its destination and verification it is healthy to travel.

The California Department of Food and Agriculture has long received those health certificates from other states by mistake — the records are supposed to go to county public health departments — and, in recent years, made it a practice to immediately destroy them. Dog importers who were supposed to submit the records to counties largely failed to do so.

The Times analyzed the movement of more than 71,000 dogs into California since 2019, when the pet retail ban went into effect. The travel certificates showed how a network of resellers replaced pet stores as middlemen while disguising where puppies were actually bred. In some cases, new owners discovered that they were sold a puppy by a person using a fake name and temporary phone numbers after their new pet became sick or died.

After The Times’ reporting, lawmakers and animal activists called on the state agriculture department to stop “destroying evidence” of the decepitive practices by destroying the records. The department began preserving the records thereafter, but has so far released the records with significant redactions.

SB 312 by state Sen. Tom Umberg (D-Orange) would require pet sellers to share the travel certificate with the state agriculture agency, which would then make them available without redactions to the public. An earlier version of the bill required the state department to publish information from the certificates online, but that was removed amid opposition.

“Given the high propensity for misleading consumers and the large volume of dogs entering the state, the health certificate information is in the public interest for individual consumers to review to confirm information conveyed to them by sellers and to also hopefully be helpful to humane law enforcement agencieds as they work to investigate fraud and malfeasance,” said Bennet said Monday in support of Umberg’s bill.

NEW YORK — A federal judge who presided over the sex trafficking case against financier Jeffrey Epstein has rejected the government’s request to unseal grand jury transcripts.

The ruling Wednesday by Judge Richard Berman in Manhattan came after the judge presiding over the case against British socialite Ghislaine Maxwell, Epstein’s former girlfriend, also turned down the government’s request.

Barring reversal on appeal, Berman’s decision forecloses the possibility of grand jury testimony being released now that three judges have reached the same conclusion. A federal judge in Florida declined to release grand jury documents from an investigation there in 2005 and 2007.

The rulings are a collective repudiation of the Justice Department’s effort to divert attention away from its stated refusal to release a massive trove of records in its possession and make clear that the still-sealed court documents contain none of the answers likely to satisfy the immense public interest in the case.

President Trump had called for the release of transcripts amid rumors and criticism about his long-ago involvement with Epstein. During last year’s presidential campaign, Trump promised to release files related to Epstein, but he was met with criticism — including from many of his own supporters — when the small number of records released by his Justice Department lacked new revelations.

A Justice Department spokesperson declined to comment on Wednesday.

Berman said the information contained in the Epstein grand jury transcripts “pales in comparison to the Epstein investigative information and materials in the hands of the Department of Justice.”

The Justice Department had informed Berman that the only witness to testify before the Epstein grand jury was an FBI agent who, the judge noted, “had no direct knowledge of the facts of the case and whose testimony was mostly hearsay.”

The agent testified over two days, on June 18, 2019, and July 2, 2019. The entire transcript was 70 pages. The rest of the grand jury presentation consisted of a PowerPoint slideshow shown during the June 18 session and a call log shown during the July 2 session, which ended with grand jurors voting to indict Epstein. Both of those will also remain sealed, Berman ruled.

Maxwell is serving a 20-year prison sentence after her conviction on sex trafficking charges for helping Epstein sexually abuse girls and young women. She was recently transferred from a prison in Florida to a prison camp in Texas. Epstein died in jail awaiting trial.

Maxwell’s case has been the subject of heightened public focus since an outcry over the Justice Department’s statement last month saying that it would not be releasing any additional documents from the Epstein sex trafficking investigation. The decision infuriated online sleuths, conspiracy theorists and elements of Trump’s base who had hoped to see proof of a government cover-up.

Since then, officials in Trump’s Republican administration have tried to cast themselves as promoting transparency in the case, including by requesting from courts the unsealing of grand jury transcripts.

“The government is the logical party to make comprehensive disclosure to the public of the Epstein file,” Berman wrote in an apparent reference to the Justice Department’s refusal to release additional records on its own while simultaneously moving to unseal grand jury transcripts.

“By comparison,” Berman added, “the instant grand jury motion appears to be a ‘diversion’ from the breadth and scope of the Epstein files in the Government’s possession. The grand jury testimony is merely a hearsay snippet of Jeffrey Epstein’s alleged conduct.”

Meanwhile, Maxwell was interviewed at a Florida courthouse weeks ago by Deputy Atty. Gen. Todd Blanche, and the House Oversight Committee had also said that it wanted to speak with Maxwell. Her lawyers said they would be open to an interview but only if the panel were to ensure immunity from prosecution.

In a letter to Maxwell’s lawyers, Rep. James Comer, the committee chair, wrote that the committee was willing to delay the deposition until after the resolution of Maxwell’s appeal to the Supreme Court. That appeal is expected to be resolved in late September.

Comer wrote that although Maxwell’s testimony was “vital” to the Republican-led investigation into Epstein, the committee would not provide immunity or any questions in advance of her testimony, as was requested by her team.

Neumeister and Sisak write for the Associated Press. AP writer Eric Tucker in Washington contributed to this report.

SACRAMENTO — The defeat of Rep. Howard Berman last fall marked the end of an era in California politics.

Berman, a former state Assemblyman who lost a bitter fight for the speakership in 1980, went on to serve the San Fernando Valley for three decades in Congress. During that time, he and fellow Rep. Henry Waxman built a network of political allies that came to be known as the Waxman-Berman machine.

The National Journal’s Shane Goldmacher takes a look at the powerful political alliance and this history of the two men’s friendship.

“A Waxman-Berman blessing could make a political career. The two dished out campaign cash, forged alliances, drew districts for friends (and themselves), and developed microtargeting techniques before a word for it even existed.”

ALSO:

California fires contractor on troubled computer project

Lawmaker wants to extend carpool lane access for clean cars

California Senate majority calls for federal action on gun control

[email protected]

@anthonyyorklat