BILL ANALYSIS
AB 490
Page 1
Date of Hearing: April 29, 2009
ASSEMBLY COMMITTEE ON AGRICULTURE
Cathleen Galgiani, Chair
AB 490 (Smyth) - As Amended: March 23, 2009
BUSINESS AND PROFESSIONS 11-0
-----------------------------------------------------------------
|Ayes:|Hayashi, Emmerson, | | |
| |Conway, Eng, Hernandez, | | |
| |Nava, Niello, John A. | | |
| |Perez, Price, Ruskin, | | |
| |Smyth | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
-----------------------------------------------------------------
SUBJECT : Pet stores.
SUMMARY : Revises the requirements for pet store operators and
employees to kill rodents and rabbits intended as food for
another animal and modifies the definition of a pet store.
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,
AB 490
Page 2
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 that sells or offers for sale animals 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 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; 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; 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 two years, unless a
longer period is otherwise required under California law; and,
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. Legislative Counsel has keyed this
bill fiscal.
COMMENTS : According to the author, AB 490 is intended to be a
minor clean-up bill to AB 1347 (Caballero), Chapter 703,
Statutes of 2007. Two changes are being requested to change
existing law. The first is at the request of the California
Department of Food and Agriculture to ensure that agricultural
establishments are not considered pet stores for the purposes of
this act. The second is at the request of AVMA, animal
protection groups and the Pet Industry Joint Advisory Council,
all who worked in favor of AB 1347, and realized that the
euthanasia section of code was technical, ambiguous, and needed
AB 490
Page 3
to be clarified.
Those two requests to change existing law are the reason for the
introduction this year of AB 490 (Smyth), and also were the
reason for the introduction of SB 986 (Ridley-Thomas) of 2008,
which was vetoed by the Governor. In 2008, the Governor vetoed
a larger number of bills than commonly occurs using a generic
veto message. SB 986 was included in those numbers. Both
bills, for policy purposes, are identical to each other.
In attempting to exclude agricultural stores from the definition
of a "Pet store", the definition seems to be cumbersome. The
committee may wish to consider clarifying the definition of a
"Pet store" to state: "Pet store" means, for the purpose of this
Act, a retail establishment open to the public and selling or
offering for sale animals as pets or an animal intended as food
for another animal. "Pet Store" does not include a retail
establishment open to the public and selling or offering for
sale animals to be used in commercial or agricultural
operations, or for commercial or agricultural purposes, or for
student or youth projects, or for educational purposes.
In 2006, the AVMA convened a panel of scientific experts to
produce the "AVMA Guidelines on Euthanasia" dated June 2007.
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. This report is referenced in AB 490.
The committee may wish to consider replacing the date of June
2007 with a reference to "most recently published guidelines".
Previous legislation : SB 986 (Ridley-Thomas) of 2008, was
vetoed by the Governor. This bill was substantially the same as
AB 490 (Smyth) of 2009. The Governor vetoed a substantial
number of bills that year with the same message. The veto
message stated:
"I am returning Senate Bill 986 without my signature.
The historic delay in passing the 2008-2009 State Budget
has forced me to prioritize the bills sent to my desk at
the end of the year's legislative session. Given the
AB 490
Page 4
delay, I am only signing bills that are the highest
priority for California. This bill does not meet that
standard and I cannot sign it at this time."
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
California Veterinary Medical Association
California Animal Control Directors Association
PetSmart
Opposition
None on file
Analysis Prepared by : Jim Collin / AGRI. / (916) 319-2084