BILL ANALYSIS
AB 490
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Date of Hearing: May 13, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 490 (Smyth) - As Amended: May 4, 2009
Policy Committee: Business and
Professions Vote: 11 - 0
Agriculture 8 - 0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill modifies the guidelines by which a pet store operator
or employee may euthanize rodents and rabbits intended as food
for another animal. Specifically, this bill:
1)Permits a pet store operator or 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
humane, 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 a pet
store operator or employee only if a California-licensed
veterinarian has certified in writing that the person is
properly trained in performing euthanasia on the relevant
species.
3)Specifies that the certification shall be valid for three
years and may be recertified for an additional three years.
4)Specifies that it is the responsibility of the pet store
operator to ensure that euthanasia is performed in compliance
with this bill.
5)Excludes from the definition of a "pet store" retail
establishments open to the public and selling animals to be
used in commercial or agricultural operations or for
commercial or agricultural purposes, for student or youth
projects, or for educational purposes.
AB 490
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FISCAL EFFECT
Minor, if any, nonreimbursable local prosecution costs, offset
by fine revenue, as this bill expands an existing crime.
COMMENTS
1)Purpose . According to the author this bill is intended as a
minor clean-up bill to AB 1347 (Caballero; Chapter 703,
Statutes of 2007), the Pet Store Animal Care Act. Two changes
are being requested. 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 to be clarified.
2)American Veterinary Medical Association (AVMA) Guidelines on
Euthanasia . 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.
3)Related 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
AB 490
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"the highest priority for California." SB 986 was vetoed for
this reason.
Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081