BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                 THIRD READING


          Bill No:  AB 490
          Author:   Smyth (R)
          Amended:  7/9/09 in Senate
          Vote:     21

           
           SENATE BUSINESS, PROF. & ECON. DEV. COMM.  :  10-0, 6/29/09
          AYES:  Negrete McLeod, Wyland, Aanestad, Corbett, Correa,  
            Florez, Oropeza, Romero, Walters, Yee
           
          SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  77-0, 5/21/09 - See last page for vote


           SUBJECT  :    Pet stores

           SOURCE  :     Pet Industry Joint Advisory Council


           DIGEST  :    This bill modifies the definition of pet store,  
          and revises and clarifies the guidelines and requirements  
          for a pet store operator or employee of a pet store to  
          euthanize rodents and rabbits intended as food for another  
          animal.

           ANALYSIS  :    

          Existing law:

          1. Establishes the Pet Store Animal Care Act (PAC Act),  
             which regulates the care and maintenance of animals in  
             the custody of a pet store and provides limits on the  
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             sale or transfer of those animals.

          2. Provides that the Legislature does not intend, by the  
             PAC Act, to regulate the care or handling of animals in  
             or on farms, ranches, livestock or horse auctions,  
             livestock markets, slaughtering facilities, or any place  
             other than pet stores.

          3. Defines a "pet store" as any retail establishment open  
             to the public and selling or offering for sale animals.

          4. Provides that a person who sells, exchanges, or  
             otherwise transfers only animals that were bred or  
             raised, or both, by the person, or sells or transfers  
             only animals kept primarily for reproduction, shall be  
             considered a breeder and not a pet store.

          5. Provides that an animal intended as food for another  
             animal may be destroyed using a method or methods of  
             euthanasia that are humane, involve painless loss of  
             consciousness and immediate death as specified in  
             Appendix 2 of the American Veterinary Medical  
             Association (AVMA) "2000 Report of the AVMA Panel on  
             Euthanasia", and as authorized for the species in the  
             documented program as prescribed.

          6. Requires that each employee who performs euthanasia  
             shall receive adequate training in the method or methods  
             used and proof of successful completion of that training  
             shall be documented in writing and retained by the pet  
             store, and that all training records shall be maintained  
             for two years and be made available, upon request, to  
             appropriate law enforcement officers, as specified.  

          This bill:

          1. Changes the definition of "pet store" and provides that  
             a pet store is a retail establishment open to the public  
             that sells or offers for sale animals as pets, or  
             animals intended as food for other animals, but that a  
             "pet store" does not include a retail establishment  
             selling or offering for sale animals to agricultural  
             operations for purposes that are directly related to the  
             raising of livestock or poultry on a farm or ranch.







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          2. Clarifies that an animal intended as food for another  
             animal is a rodent or rabbit.

          3. Clarifies the requirements for a rodent or rabbit to be  
             destroyed by the pet store if it is to be used as food  
             for another animal, by requiring a pet store operator or  
             an employee to euthanize the animal by a method that is  
             performed in a humane manner, appropriate for the  
             species, authorized by state law, and in compliance with  
             the AVMA pursuant to "Guidelines on Euthanasia", dated  
             June 2007, published by the AVMA. 

          4. Requires that in addition to a pet store operator or an  
             employee of a pet store who will perform euthanasia be  
             properly trained and proficient in performing the method  
             of euthanasia on that particular species, that they also  
             be certified, in writing, by a California-licensed  
             veterinarian that they have received such training and  
             are proficient in providing euthanasia to the animal,   
             and that the certification shall be made available, upon  
             request, to the appropriate law enforcement officers, as  
             specified.

          5. No longer requires the pet store to maintain records of  
             the training of the pet store operator or employee in  
             euthanasia for two years, only the certification  
             required by the veterinarian for a period of three  
             years.

          6. Specifies that it is the responsibility of the pet store  
             operator to ensure that euthanasia is performed in  
             compliance with the specified requirements. 

           Background  

           The PAC Act  .  The PAC Act established criteria and  
          procedures for the care and maintenance of animals in  
          California pet stores.  It also established a new  
          infraction process which would require enforcement officers  
          to clearly indicate the nature of the alleged infractions,  
          identify the corrective action to be taken, and include the  
          timeframe in which corrections be completed.  The PAC Act  
          came about as a joint effort on the part of animal  







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          protection groups and the pet industry to provide clearer  
          guidelines on the care and handling of animals sold within  
          pet stores.

           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.

           Prior legislation  .  This bill is similar to SB 986  
          (Ridley-Thomas), 2007-08 Session, which the Governor  
          vetoed.  This is one of many measures that the Governor  
          vetoed with the message that, due to the delay in passing  
          the 2008-09 State Budget, he would only sign bills that  
          were "the highest priority for California."  SB 986 was  
          vetoed for this reason.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

           SUPPORT  :   (Verified  8/17/09)

          Pet Industry Joint Advisory Council (source)
          Born Free USA (if amended)
          California Animal Control Directors Association
          California Veterinary Medical Association
          City of West Hollywood
          Paw Project
          PetSmart









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           ARGUMENTS IN SUPPORT :    According to the bill's sponsor,  
          the Pet Industry Joint Advisory Council, this bill provides  
          for the minor cleanup of two issues in the PAC Act which  
          will go into effect on January 1, 2009, pursuant to AB 1347  
          (Caballero), Chapter 703, Statutes of 2007.

          The first area of clarification is made at the request of  
          the Department of Food and Agriculture (CDFA).  They want  
          to ensure that agricultural establishments are not  
          considered pet stores for purposes of the PAC Act.  As the  
          bill's sponsor indicates, the PAC Act included this  
          exemption in intent language, but it did not include the  
          agricultural exclusion in the text of the law itself.  As a  
          condition of CDFA's support for AB 1347, it was agreed that  
          the agricultural exclusion language be placed in the  
          substantive text of the law itself.  This bill takes care  
          of that issue by providing for an agricultural  
          establishment exclusion into the text of the law itself (as  
          opposed to simply the intent language) 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 the PAC Act.

          The second cleanup issue is to clarify accepted euthanasia  
          practices for certain animals in pet stores.  There has  
          been some confusion over the appropriate guidelines to be  
          followed in providing euthanasia, in particular those  
          specified by the AVMA, and also the need to clarify the  
          training provided to those who may perform euthanasia  
          within the pet stores.   Animal protection groups, pet  
          stores and the California Veterinary Association, according  
          to the sponsor, are in agreement over the changes made in  
          this bill to those requirements.


           ASSEMBLY FLOOR  : 
          AYES:  Adams, Ammiano, Anderson, Arambula, Beall, Bill  
            Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,  
            Brownley, Caballero, Charles Calderon, Carter, Chesbro,  
            Conway, Cook, Coto, Davis, De La Torre, De Leon, DeVore,  
            Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes,  
            Fuller, Furutani, Gaines, Galgiani, Garrick, Gilmore,  
            Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Huber,  
            Huffman, Jeffries, Jones, Knight, Krekorian, Lieu, Logue,  







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            Bonnie Lowenthal, Ma, Mendoza, Miller, Monning, Nava,  
            Nestande, Niello, Nielsen, John A. Perez, V. Manuel  
            Perez, Portantino, Price, Ruskin, Salas, Silva, Skinner,  
            Smyth, Solorio, Audra Strickland, Swanson, Torlakson,  
            Torres, Torrico, Tran, Villines, Yamada, Bass
          NO VOTE RECORDED:  Buchanan, Duvall, Saldana


          JJA:mw  8/17/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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