BILL ANALYSIS AB 490 Page 1 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 Page 2 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 Page 3 "the highest priority for California." SB 986 was vetoed for this reason. Analysis Prepared by : Julie Salley-Gray / APPR. / (916) 319-2081