BILL ANALYSIS
SB 986
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Date of Hearing: June 24, 2008
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Mike Eng, Chair
SB 986 (Ridley-Thomas) - As Amended: June 9, 2008
SENATE VOTE : 34-1
SUBJECT : Pet stores.
SUMMARY : Revises the guidelines by which a pet store operator
or employee may euthanize rodents and rabbits intended as food
for another animal, as specified. Specifically, this bill :
1)Specifies that a rodent or rabbit intended as food for another
animal may be destroyed by a pet store operator or an employee
of a pet store only if the animal is euthanized by a method
that is performed in a humane manner, appropriate for the
species, authorized by state law, and in compliance with the
American Veterinary Medical Association (AVMA) Guidelines on
Euthanasia dated June 2007.
2)Specifies that the euthanasia shall be performed by the pet store
operator or employee only if a California-licensed
veterinarian has certified in writing that the pet store
operator or employee is properly trained and proficient in
performing euthanasia on that particular species.
3)Specifies that the certification shall be valid for a period of
not more than three years, and may be recertified for
additional three-year periods.
4)Specifies that the certification of a pet store operator or
employee shall be retained by the pet store for three years,
unless a longer period is otherwise required under California
law.
5)Specifies that the certification shall be made available upon
request to appropriate law enforcement officers, as specified.
6)Specifies that it is the responsibility of the pet store operator
to ensure that euthanasia is performed in compliance with this
bill.
7)Excludes from the definition of "pet store" a retail
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establishment directly related to an agricultural operation
for the commercial growing and harvesting of crops or the
raising of livestock or poultry on a farm or a ranch.
EXISTING LAW :
1)Establishes the Pet Store Animal Care Act (Act), which regulates
the care and maintenance of animals in the custody of a pet
store, and provides limits on the sale or transfer of those
animals.
2)Permits euthanasia of an animal intended as food for another
animal using humane methods, as specified in the AVMA 2000
Report of the AVMA Panel on Euthanasia.
3)Specifies that each employee who performs euthanasia shall
receive adequate training and proof of successful completion
of such training shall be documented in writing and retained
by the pet store, as specified.
4)Provides for the licensing of veterinarians by the Veterinary
Medical Board under the Department of Consumer Affairs.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal.
COMMENTS :
Purpose of this bill . According to the author's office, "SB 986
is a minor clean-up bill of last year's AB 1347 (Caballero),
which was signed into law last year by the Governor, but does
not go into affect until January 1, 2009....This bill makes two
minor technical changes in the Act.
"First, SB 986 addresses a request made by the California
Department of Food and Agriculture (CDFA) to ensure that
agricultural establishments are not considered pet stores for
purposes of the new Act. AB 1347 included that exemption in
'intent' language, but did not include that agricultural
exclusion in the text of the law itself. As a condition of
CDFA's support for signature of the bill, CDFA requested that
the agricultural exclusion language be placed in the substantive
text of the law itself. SB 986 takes care of that issue in the
way that 'pet store' is defined in the new bill.
"Second, the California Veterinary Medical Association (CVMA),
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the animal groups (Animal Protection Institute, State Human
Association of California, the California Animal Care Director's
Association) and other animal protection groups, as well as
PIJAC [Pet Industry Joint Advisory Council], all worked in favor
of AB 1347 in its final version of last year. This year all of
the supporters realized that the euthanasia section of the bill
was ambiguous and contained technical language that needed to be
clarified and slightly changed in the best interest of animal
care in pet stores before the bill goes into effect in January
2009."
Background . Established in 1863, the AVMA is a not-for-profit
association representing more than 76,000 veterinarians working
in private and corporate practice, government, industry,
academia, and uniformed services. The AVMA is fully committed
to the concept that, whenever it becomes necessary to kill any
animal for any reason whatsoever, death should be induced as
painlessly and quickly as possible.
In 2006, the AVMA convened a panel of scientists to produce the
"AVMA Guidelines on Euthanasia". These guidelines summarize
contemporary scientific knowledge on euthanasia in animals and
call attention to the lack of scientific reports assessing pain,
discomfort, and distress in animals being euthanized, and are
intended for use by members of the veterinary profession who
carry out or oversee the euthanasia of animals. They also
include instructions on proper euthanasia techniques.
Previous legislation . AB 1347 (Caballero, Chapter 703, Statutes
of 2007) created the Act, established procedures for the care
and maintenance of animals in the custody of a pet store, and
placed limitations on the sale or transfer of those animals,
effective January 1, 2009.
REGISTERED SUPPORT / OPPOSITION :
Support
Pet Industry Joint Advisory Council (sponsor)
California Veterinary Medical Association
PETCO Animal Supplies, Inc.
Opposition
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Los Angeles District Attorney's Office
Analysis Prepared by : Rebecca May / B. & P. / (916) 319-3301