BILL ANALYSIS                                                                                                                                                                                                    



                                                                       


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          |SENATE RULES COMMITTEE            |                  SB 1520|
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                                 THIRD READING


          Bill No:  SB 1520
          Author:   Burton (D)
          Amended:  5/6/04
          Vote:     21

           
           SENATE BUSINESS & PROFESSIONS COMMITTEE  :  4-3, 4/26/04
          AYES:  Figueroa, Cedillo, Murray, Vincent
          NOES:  Aanestad, Brulte, Machado


           SUBJECT  :    Force fed birds

           SOURCE  :     Association of Veterinarians for Animal Rights
                      Farm Sanctuary
                      Los Angeles Lawyers for Animals
                      Viva!USA - International Voice for Animals


           DIGEST  :    This bill, commencing July 1, 2012, prohibits a  
          person from force feeding a bird for the purpose of  
          enlarging the birds liver beyond normal size, and prohibits  
          a product from being sold in California if it is the result  
          of force feeding of a bird. 

           ANALYSIS  :    Existing law:

          1.   Defines "migratory birds" as ducks and geese, coots  
               and gallinules, jacksnipe, western mourning doves,  
               white-winged doves, and band-tailed pigeons.

          2.   Defines "poultry" as domesticated fowl intended for  
               use for human food and defines "fowl" as including  
               chickens, turkeys, ducks, geese, and other  
                                                           CONTINUED





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               domesticated birds; and defines "poultry meat" as the  
               carcass of poultry or any part of such carcass.

          3.   Defines "poultry producer" as any person engaged in  
               the business of growing any poultry, which is marketed  
               as poultry meat, for a period of three weeks or more  
               for the purpose of increasing the size and weight of  
               the poultry.

          4.   Defines "poultry plant" as any place where poultry is  
               slaughtered, dressed, or drawn, and any place, except  
               a retail store or eating place, where poultry meat or  
               poultry meat food products are cooked, cured, smoked,  
               cut up, recut, packed or repacked, or otherwise  
               prepared for human food.

          5.   Requires any person operating a poultry plant to  
               obtain a license from the Department of Food and  
               Agriculture (Department) and to be inspected, operated  
               and maintained in accordance with standards adopted by  
               the Department and the U.S. Department of Agriculture  
               (USDA).

          6.   Requires poultry or poultry meat to be "wholesome,"  
               which means that it must be free of any disease,  
               contamination, or conditions that would render the  
               poultry meat unsuited for human food. 

          7.   Requires that any animal to be slaughtered, including  
               poultry, shall be rendered insensible to pain by a  
               captive bolt, gunshot, electrical or chemical means,  
               or any other means that is rapid and effective before  
               being cut, shackled, hoisted, thrown, or cast, with  
               the exception of poultry which may be shackled. 

          8.   Provides that any person who operates a "live animal  
               market" shall not dismember, flay, cut open, or have  
               the skin, scales, feathers, or shell removed of a live  
               animal while it is still alive, with the exception of  
               poultry.

          9.   Specifies that any person who maliciously and  
               intentionally maims, mutilates, or tortures any bird  
               that is either an endangered, threatened, or protected  







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               species is guilty of a crime punishable as a  
               misdemeanor or felony.

          10.  Provides that any person who owns or trains a bird to  
               be used in bird fighting is guilty of a misdemeanor,  
               and permits any peace officer or animal control  
               officer to take possession of all birds and other  
               property used in providing an exhibition of bird  
               fighting.

          11.  Provides any person who sells or gives away live fowl,  
               including ducklings, as an inducement to enter a place  
               of amusement or place of business, or who artificially  
               colors any fowl, or who maintains or possesses fowl  
               for the purpose of sale or display without adequate  
               facilities for supplying food, water and temperature  
               control needed to maintain the health of such fowl, is  
               guilty of a misdemeanor.

          12.  Specifies that none of the State animal cruelty laws  
               shall be construed so as to interfere with the right  
               to kill all animals used for food.

          13.  Prohibits a pet shop or other vendor from selling an  
               unweaned bird, and from possessing an unweaned bird  
               unless it employs a person who has completed an avian  
               certification program. 

          14.  Provides that horsemeat may not be offered for sale  
               for human consumption, and that no restaurant, caf?,  
               or other public eating-place may offer horsemeat for  
               human consumption.  

          15.  Authorizes any peace officer or animal control officer  
               to issue a citation or fine to a person or entity  
               keeping horses or other equine animals for hire if the  
               person or the entity fails to meet standards of humane  
               treatment regarding the keeping of horse or other  
               equine animals. 

          This bill, commencing July 1, 2012:

          1.   Prohibits a person from force feeding a bird for the  
               purpose of enlarging the bird's liver beyond normal  







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               size, or from hiring another person to do so.

          2.   Specifies that a bird includes, but is not limited to,  
               a duck or goose.

          3.   Defines force feeding a bird as a process that causes  
               the bird to consume more food than a typical bird of  
               the same species would consume voluntarily while  
               foraging.  

          4.   Specifies that force feeding methods include, but are  
               not limited to, delivering feed through a tube or  
               other device inserted into the bird's esophagus.

          5.   Prohibits a product from being sold in California that  
               is the result of force feeding a bird for the purpose  
               of enlarging the bird's liver beyond normal size.

          6.   Provides that a peace officer, or officer of a humane  
               society or animal control, may issue a citation to a  
               person or entity who force feeds a bird or sells a  
               product that is the result of force feeding. 

          7.   Requires payment of a civil penalty up to one thousand  
               dollars ($1,000) for each violation, and up to one  
               thousand dollars ($1,000) for each day the violation  
               continues, and allows the civil penalty to be payable  
               to the local agency initiating the proceedings to  
               offset the costs to the agency related to court  
               proceedings.

          8.   Allows the district attorney or the city attorney to  
               prosecute a person or entity that has committed the  
               violation.

           Comments  

          According to the author's office, this bill is intended to  
          prohibit the force feeding of ducks and geese for the  
          purpose of enlarging their livers beyond their normal size.  
           Force feeding is the common method used to produce foie  
          gras and is accomplished by restraining the bird and  
          inserting a 10-to-12 inch metal or plastic tube into the  
          bird's esophagus and delivering large amounts of  







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          concentrated meal and compressed air into the bird.  This  
          process is repeated up to three times a day for several  
          weeks until the liver reaches the desired size and the bird  
          is slaughtered.  As the author's office contends, the force  
          feeding process is so damaging on the birds that they would  
          die from the pathological damage it inflicts if they  
          weren't slaughtered first.  The force feeding causes birds  
          to develop chronic liver disease called hepatic lipidosis,  
          in which a bird's liver swell to about 10 times its normal  
          size.  This abnormally sized liver can cause many health  
          problems and eventually makes walking and breathing  
          difficult for the bird.  Further, the liver may hemorrhage  
          due to its size.  As further explained by the author's  
          office, the mechanics of force feeding can also cause  
          injuries as a result of the use of the tube or funnel, the  
          food being too hot, bruising or perforation of the  
          esophagus, and asphyxia by forcing food down the trachea of  
          the bird.  The author's office states that no other  
          livestock product is produced via force feeding, and that  
          it is a cruel and inhumane process that should be banned.  

          Recently, as stated by the author's office, Zogby  
          International headquartered in New York conducted  
          interviews of 1000 likely voters chosen at random  
          nationwide.  More than three in four (77 percent) voters  
          agreed that the process of force-feeding of ducks and geese  
          in order to produce foie gras should be banned by law in  
          the United States, while 16 percent disagree and seven  
          percent are not sure. 

           Background
           
          Foie gras is a French term meaning "fatty liver" and is  
          produced by force-feeding ducks and geese large amounts of  
          meal that enlarges their livers.  The fat liver was  
          produced traditionally from geese.  However, in recent  
          years, there has been widespread change to the use of ducks  
          rather than geese, mainly for financial reasons.  The duck  
          chosen for foie gras production is a hybrid between a  
          Muscovy duck and the domestic duck.  European countries  
          such as France and Hungary are among the largest producers.  
           In the United States there are three producers of foie  
          gras,  Hudson Valley Foie Gras company and La Belle Poultry  
          in upstate New York that together produce about 90 percent  







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          of foie gras, and Sonoma Foie Gras (SFG) that provides  
          about 10 percent of the domestic supply.  SFG has a farm  
          with about 20,000 ducks in the Central Valley and ships  
          between 1,000 and 1,500 ducks a week, selling all the duck  
          meat, not just the livers, nationwide through Grimaud  
          Farms.  There are about 14 employees at SFG with annual  
          sales of about $1,500,000, and sixty percent (60 percent)  
          of its business coming from selling foie gras.  

           The Practice of Force Feeding Ducks  .  The force-feeding  
          comes when ducks are 12 to 15 weeks old.  During the force  
          feeding period, ducks which had previously been fed an  
          increasing but limited amount of food are forcibly fed  
          large amounts of food 2-3 times a day for about two weeks  
          and this normally results in the increase of the size of  
          the liver to about 10 times the normal liver size of the  
          bird.  The amount of food fed during each force feeding is  
          considerably more than the normal intake, and as the  
          procedure is repeated, the quantity of energy rich food  
          (such as corn mash) which the birds are forced to ingest is  
          much greater that that which the birds would eat  
          voluntarily.  The ducks are sometimes kept 10 to a pen  
          about 10 square feet in size, and in low light to keep them  
          calmer.  To feed the ducks, a worker will hold the bird  
          between his knees and grasps the head, inserting a tube of  
          about 10 inches down the bird's esophagus.  An overhead  
          funnel connected to the tube pumps in a dose the food,  
          creating a golf ball-sized bulge as it goes down.  Doses  
          start about five ounces and build up to about 14 ounces.

           Effects on the Birds of Force Feeding  .  In 1998, the  
          European Union (EU) requested that its Scientific Committee  
          on Animal Health and Animal Welfare (EU Scientific  
          Committee) produce a report on the animal welfare aspects  
          of the production of foie gras using ducks and geese.   
          Members of the EU Scientific Committee foie gras working  
          group included a dozen professors of veterinary medicine  
          and agricultural scientists from across Europe.  The EU  
          Scientific Committee report was completed in December 1998,  
          and the conclusion was that force-feeding, as currently  
          practiced, is detrimental to the welfare of the birds.   
          Further, it was found that the force feeding of ducks and  
          geese along with confinement causes physical problems,  
          including respiratory, metabolic, and locomotive  







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          impairment.  Foie gras production facilities prevent birds  
          from engaging in their natural exploratory activities and  
          social behaviors, leading to depression and frustration,  
          while the force feeding process creates very high stress  
          levels for the birds.  They also found that elevated death  
          rates was another indication of welfare problems associated  
          with foie gras production.  

           Other Countries Have Banned the Practice of Force Feeding  
          Birds  .  There are at least fourteen countries that have  
          banned the practice of force feeding birds to produce foie  
          gras, either with explicit language in the laws, or as part  
          of the general animal cruelty law.  As of January 2004,  
          Italy banned foie gras production, following the lead of  
          Austria, the Czech Republic, Denmark, Finland, Germany,  
          Luxembourg, Norway, and Poland.  Other countries whose laws  
          have been interpreted to ban the force feeding of birds for  
          foie gras production include Holland, Sweden, Switzlerland,  
          and the United Kingdom.  Perhaps most significantly,  
          Israel, once the world's fourth largest foie gras producer,  
          recently banned foie gras production.  In August 2003, the  
          Israeli Supreme Court issued a 39-page decision declaring  
          foie gras production to be contrary to the country's animal  
          protection laws.  In issuing its opinion, the Chief Justice  
          stated:

               There is no real controversy with respect to the fact  
               that the practice of force feeding causes suffering to  
               the geese?the goose is prevented from eating freely  
               and is forcefully fed several times a day with high  
               energy food in quantity far above its physiological  
               requirements.  The process whereby a metal tube,  
               through which the food is packed into its stomach, is  
               introduced into the goose's body - is violent and  
               harmful.  The process causes a degenerative disease in  
               the goose's liver and enlargement of the liver up to  
               ten times its normal size.  There is no controversy  
               that without the injury to the goose liver, it is not  
               possible, at present, to produce goose liver.

          The court concluded its declaration by stating:

               ?no one denies that these creatures also feel the pain  
               inflicted upon them through physical harm or a violent  







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               intrusion into their bodies.  Indeed, whoever wishes  
               to may find, in the circumstances of this appeal,  
               prima facie justification for the acts of artificial  
               force feeding, justification whose essence is the need  
               to retain the farmer's source of livelihood and  
               enhance the gastronomic delight of others?But this has  
               a price - and the price is reducing the dignity of Man  
               himself.

           Several Grocers are Refusing to Purchase Foie Gras  .   
          According to recent press articles, Trader Joe's and other  
          grocers have decided to stop carrying all duck meat and  
          foie gras.  Whole Foods Market, which is a national chain  
          headquartered in Austin, Texas with over 145 stores and  
          $3.2 billion in sales, announced that it is developing  
          enhanced animal-treatment standards, starting with those  
          for ducks and expects to implement the new standards by the  
          end of 2004.  Grimaud Farm's which sells Muscovy ducks to  
          Whole Foods and other high-end retailers, and is which is  
          also the custom processor for Sonoma Foie Gras, would be  
          the most impacted.  Whole Foods has made it clear that they  
          do not want any of their producers to be connected with any  
          foie gras company.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT  :   (Verified  5/6/04)

          Association of Veterinarians for Animal Rights (co-source) 
          Farm Sanctuary (co-source) 
          Los Angeles Lawyers for Animals (co-source) 
          Viva!USA - International Voice for Animals (co-source) 
          American Board of Veterinary Practitioners
          American Society for the Prevention of Cruelty to Animals
          Animal Legal Defense Fund
          Animal Legislative Action Network
          Animal Protection and Rescue League
          Animal Protection Institute
          Avian Welfare Coalition
          Best Friends Animal Society
          California Federation for Animal Legislation
          California Lobby for Animal Welfare
          California Society for the Prevention of Cruelty to Animals







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          Contra Costa Humane Society
          Davis Food Co-op
          East Bay Animal Advocates
          Freedom for Animals
          Harper, Valerie
          Hastings Student Animal Legal Defense Fund
          Hayward Friend of Animals Humane Society
          Humane Education Network
          Humane Farming Action Fund
          Humane Society of the United States
          In Defense of Animals
          Institute for Wildlife Studies
          International Bird Rescue Research Center
          Last Chance for Animals
          Los Angeles Lawyers for Animals
          Natural Foods Co-op
          Ohlone Humane Society Wildlife Rehabilitation
          Pet Adoption League
          Physicians Committee for Responsible Medicine
          Sacramento Society for the Prevention of Cruelty of Animals
          Senior Citizens for Humane Legislation
          Silicon Valley in Defense of Animals
          Silverstone, Alicia
          Sir Paul McCartney
          The Fund for Animals, Inc.
          The Paw Project
          United Animal Nations
          United Poultry Concerns, Inc.
          World Society for the Protection of Animals
          Numerous individuals

           OPPOSITION  :    (Verified  5/6/04)

          California Cattleman's Association
          California Farm Bureau Federation
          California Grain and Feed Association
          California Poultry Federation
          California Restaurant Association 
          Pacific Egg and Poultry Association
          Numerous individuals

          per Committee analysis:
          Animal Owners and Animal Enterprises
          California Hispanic Chamber of Commerce







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          Golden Gate Restaurant Association
          Hotel Council of San Francisco
          NAIA Trust for the Protection of Animals
          San Mateo County Hispanic Chamber of Commerce
          Sonoma Foie Gras 
          U.S. Hispanic Chamber of Commerce

           ARGUMENTS IN SUPPORT  :    Sponsors of this bill are the  
          Association of Veterinarians for Animal Rights, Viva!USA -  
          Intentional Voice for Animals, Farm Sanctuary, and the Los  
          Angeles Lawyers for Animals.  There are also a large number  
          of animal welfare groups in support of this measure, as  
          well as veterinarians, including avian veterinarians, and  
          numerous individuals.  The proponents raise several  
          concerns regarding the current practice of force feeding  
          birds:

           Force Feeding of Ducks Does Not Mimic Their Current Natural  
          Migration-Feeding Process  .  According to the proponents,  
          the foie gras industry has attempted to justify the  
          practice of force feeding by claiming that it takes  
          advantage of a bird's anatomical abilities, mimicking the  
          natural tendency of birds to overeat in preparation for  
          migrating.  They argue that this is a specious argument for  
          several reasons.  First, while some geese and ducks do put  
          on fat stores for migration, the Muscovy duck is a tropical  
          bird that does not migrate in the wild.  The Pekin duck  
          (which the Muscovy is crossed with to produce the Mulard  
          duck commonly used in foie gras production) is completely  
          domesticated and incapable of flying.  Therefore, it is  
          much less likely that this type of duck has such a  
          potential to store such amounts of food during  
          force-feeding.  Second, under no extent would such duck  
          gorge themselves to the extent that its liver was swollen  
          10 times its normal size.  As they point out by way of   
          studies, the health of the duck in foie gras production is  
          compromised to such a great degree that the birds would die  
          if they weren't slaughtered after being subjected to the  
          force feeding process for just a few weeks.  Finally, the  
          diet forced upon the birds is severely deficient in several  
          ways and is destined to produce physiological suffering.   
          It forms an unbalanced diet intended to artificially induct  
          hepatic lipidosis in the liver.  If it were given under  
          natural conditions, the birds would refuse it.  Even if the  







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          food was given in normal quantities, the birds could not  
          survive due to the deficiencies that it would lead to in  
          the long term.

           Forced Confinement During Force Feeding Causes Stress and  
          Other Behavioral Problems for the Birds  .  Proponents  
          contend that some foie gras operations, including Sonoma  
          Foie Gras, keep the ducks in near darkness for the 2-3 week  
          force-feeding period, in an attempt to keep the birds calm.  
           This prevents normal exploratory behavior, which results  
          in the birds not receiving adequate exercise.  Confinement,  
          as well as reduced light levels, also affects the birds'  
          abilities to interact socially in a normal manner.  Ducks  
          who are housed in individual cages during the force-feeding  
          period have their social instincts completely thwarted.   
          Confined so tightly at times in these cages, they become  
          agitated and injured during the force feeding process.  It  
          has also been observed that they are not provided  
          sufficient access to water to bathe and immerse themselves,  
          a strongly motivated behavior among waterfowl, and because  
           of this they remain in a dehydrated state.

           Ducks During the Force Feeding Process Endure Tremendous  
          Stress  .  The proponents contend that ducks suffer from  
          feelings of malaise as their body struggles to cope with  
          extreme nutrient imbalance and distress caused by loss of  
          control over the birds' most basic homeostatic regulation  
          mechanism as their hunger control system is over-ridden.   
          Observation of ducks during force-feeding indicates a  
          strong aversive reaction to those who are performing the  
          force feeding procedure.  Domesticated birds are very  
          receptive to normal feeding and show little fear of those  
          who feed them, but as force feeding continues, ducks show a  
          "flight response" and the force feeder has to sometimes  
          pursue and catch the bird, or at the very least restrain  
          them.  This anxiety increases with the constant repetition  
          of the cause of the stress and the pain associated with the  
          procedure of force-feeding.  

           Ducks Suffer Several Physical Disorders and Possible Death  
          as a Result of the Force Feeding Process  .  Proponents  
          contend that bronchial obstruction, fibrosis of the liver,  
          enterotoxemia, and enteritis are afflictions that can  
          threaten force-fed birds, and other painful injuries to the  







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          esophagus, including hemorrhagic inflammation and  
          perforations of the esophagus can result as well.  Other  
          physical problems that can occur are impaired mobility,  
          severe foot and leg disorders, respiratory difficulties,  
          lesions and cuts, liver damage and other metabolic  
          disorders, and increased mortality.

           ARGUMENTS IN OPPOSITION  :    A coalition of several groups  
          is opposed to this measure and includes, among others, the  
          California Farm Bureau, the California Grain and Feed  
          Association, the California Poultry Federation, and the  
          California Restaurant Association.  There are also numerous  
          restaurants, chefs, businesses and individuals who are  
          opposed to this bill.  Opponents  contend that the  
          production of foie gras is not unethical, nor harmful to  
          ducks.  In fact, as opponents argue, the process during  
          which the foie gras is produced mimics a natural process  
          during which ducks gorge themselves prior to migration.  In  
          addition, the USDA inspects and approves each fatty liver  
          destined for consumption.  They argue that the product is  
          safe; and if it were found to be contaminated or diseased,  
          it would be destroyed before consumption.

          Opponents further argue that banning a specific product  
          based on emotion rather than fact is a dangerous precedent.  
           Animal husbandry laws have been in place for years and  
          these laws are intended to address certain species of  
          animals whose primary purpose is to provide food for the  
          table.  This designation is to differentiate these animals  
          from those raised primarily for other purposes.  This  
          proposal, as opponents argue, threatens to harm these laws  
          and could disrupt agriculture throughout the state.  Proper  
          animal care has evolved from decades of practical  
          experience and scientific research.  Those husbandry  
          practices are best determined from experience and  
          scientific basis.

          The opponent's state that the foie gras market continues to  
          develop and thrive and that consumer demand for this  
          delicacy is increasing and restaurants in California  
          continue to add it to their menus.  For example, Somona  
          Foie Gras sells its product to approximately 300  
          restaurants in California and 200 restaurants outside of  
          the state.  As argued by the opponents, the Legislature  







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          should not dictate what they cannot consume when the reason  
          is not based on scientific, fact-based analysis.  
           

          CP:nl  5/6/04   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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