BILL ANALYSIS
AB 490
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Date of Hearing: March 31, 2009
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Mary Hayashi, Chair
AB 490 (Smyth) - As Amended: March 23, 2009
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, and modifies the definition of a pet store,
as specified. Specifically, this bill :
1)Permits a pet store operator or an employee of a pet store to
destroy a rodent or rabbit intended as food for another animal
only if the rodent or rabbit 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 2007
American Veterinary Medical Association (AVMA) Guidelines on
Euthanasia.
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
establishment directly related to an agricultural operation
AB 490
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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 Appendix 2 of 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 for 2 years, unless a longer period is
otherwise required under California law.
4)Defines a pet store as a retail establishment open to the public
and selling or offering for sale animals, except that a person
who transfers only animals that were bred or raised, or both,
by that person, is considered a breeder and not a pet store.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill . According to the bill's sponsor, "AB 490
provides for the minor clean-up of two issues in AB 1347
(Caballero), Chapter 703, Statutes of 2007."
"The first area of clarification is made at the request of the
California Department of Food and Agriculture (CDFA). AB 490
places an agricultural establishment exclusion into the text of
the law itself (as opposed to simply the intent language of AB
1347) by exempting agricultural establishments from the
definition of a "pet store" and clarifies that agricultural
establishments were not intended to be considered pet stores
under AB 1347. The second clean-up issue is to clarify accepted
euthanasia practices for certain animals in pet stores. Animal
protection groups, pet stores and the California Veterinary
Medical Association all worked in favor of SB 986 last year
which is identical to AB 490."
AB 490
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Background . 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 asserts 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 . This bill is substantially the same as SB
986 (Ridley-Thomas) of 2008 which the Governor vetoed. The
Governor vetoed a substantial number of bills that year with the
same message that, due to the delay in passing the 2008-2009
State Budget, he would only sign bills that were "the highest
priority for California." SB 986 was vetoed for this reason.
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)
Born Free USA
California Veterinary Medical Association
Opposition
None on file.
AB 490
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Analysis Prepared by : Whitney Clark / B. & P. / (916)
319-3301