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 | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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APPROPRIATIONS 12-0
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|Ayes:|De Leon, Ammiano, Charles | | |
| |Calderon, Davis, Krekorian, | | |
| |Hall, John A. Perez, Price, | | |
| |Skinner, Solorio, Audra | | |
| |Strickland, Torlakson, | | |
| | | | |
|-----+------------------------------+-+--------------------------|
|Nays:|Harkey | | |
| | | | |
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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
Page 3
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
FN: 0000720