BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 490
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 490 (Smyth)
          As Amended  May 4, 2009
          Majority vote 

           BUSINESS & PROFESSIONS       11-0                   AGRICULTURE  
          8-0                 
           
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          |Ayes:|Hayashi, Emmerson,        |Ayes:|Galgiani, Tom Berryhill,  |
          |     |Conway, Eng, Hernandez,   |     |Conway, Fuller, Ma,       |
          |     |Nava, Niello,             |     |Mendoza, Yamada, Bonnie   |
          |     |John A. Perez, Price,     |     |Lowenthal                 |
          |     |Ruskin, Smyth             |     |                          |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           APPROPRIATIONS      12-0                                        
           
           ----------------------------------------------------------------- 
          |Ayes:|De Leon, Ammiano, Charles     | |                          |
          |     |Calderon, Davis, Krekorian,   | |                          |
          |     |Hall, John A. Perez, Price,   | |                          |
          |     |Skinner, Solorio, Audra       | |                          |
          |     |Strickland, Torlakson,        | |                          |
          |     |                              | |                          |
          |-----+------------------------------+-+--------------------------|
          |Nays:|Harkey                        | |                          |
          |     |                              | |                          |
           ----------------------------------------------------------------- 
           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. 









                                                                  AB 490
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       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  
            for the commercial growing and harvesting of crops or the  
            raising of livestock or poultry on a farm or a ranch.

       8)Includes in the definition of "pet store" a retail establishment  
            open to the public that sells or offers for sale animals as  
            pets or animals intended as food for other animals.

           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  








                                                                  AB 490
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            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.

       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  :   According to the Assembly Appropriations  
          Committee, minor, if any, nonreimbursable local prosecution  
          costs, offset by fine revenue, as this bill expands an existing  
          crime.

           COMMENTS  :  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 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."


           Analysis Prepared by  :    Rebecca May / B. & P. / (916) 319-3301 


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