BILL ANALYSIS SENATE FOOD and AGRICULTURE COMMITTEE Senator Dean Florez, Chairman BILL NO: AB 1437 HEARING: 6/16/09 AUTHOR: Huffman FISCAL: Yes VERSION: 2/27/09 CONSULTANT: John Chandler Shelled eggs: sale for human consumption: compliance with animal care standards. BACKGROUND AND EXISTING LAW In November 2008, California passed Proposition 2 with 63.5 percent of the vote. Proposition 2 specifies that on January 1, 2015, calves for veal, egg-laying hens, and pregnant pigs be confined only in ways that allow these animals to lie down, stand up, fully extend their limbs and turn around freely. The proposition provides exceptions for transportation, rodeos, fairs, 4-H programs, lawful slaughter, research and veterinary purposes. Failure to comply with the proposition can be punished with misdemeanor penalties, including a fine not to exceed $1,000 and/or imprisonment in jail for up to 180 days. Currently, California is the fifth largest egg-producing state in the nation with more that 19 million egg-laying hens. Iowa is the largest producer with over 52 million egg laying hens in the state. SB 1520 (Chapter 904, Statues of 2004) bans the sale and production of foie gras, specifically the forced feeding of an animal to enlarge the liver, by 2012. In 1998, Proposition 6, which passed with 59.39 percent of the vote, prohibited the slaughter of horses for the purpose of human consumption. Further, it prohibited the export of horses from California for the purpose of human consumption. PROPOSED LAW AB 1437 will prohibit the sale of eggs in California for human consumption that do not meet the animal welfare standards of Proposition 2 by January 1, 2015. COMMENTS 1.Proponents state that AB 1437 will ensure standardized basic animal welfare standards for the production of shelled eggs consumed in California. While there are currently similar efforts to Prop. 2 in other states across the nation, AB 1437 AB 1437 - Page 2 will ensure that all eggs consumed in California are produced by hens raised according to animal welfare standards that meet the expectations for animal care and food safety of the California consumer. Proponents point to the United Egg Producers cage-free standards to provide a blueprint for compliance with AB 1437 and Prop. 2 welfare standards. Further, reports cited by proponents of the bill state that egg-laying hens subjected to stress are more likely to have higher levels of pathogens in their intestines and that poor conditions increase the likelihood that consumers will be exposed to higher levels of food-borne pathogens. Therefore, proponents state that AB 1437 also addresses a health and food safety issue with California eggs which they feel is not in conflict with the interstate commerce clause. 2.Opponents argue that AB 1437 should include clear standards for housing and space for egg-laying hens. The standard set forth in Prop. 2 specifies that egg-laying hens may not be confined for a majority of the day in a manner that prevents the hen from lying down, standing up, fully extending her limbs, and turning around freely. Opponents feel that AB 1437 should specify enclosure size per hen, how many hens per enclosure, and if current housing systems can be used or modified to comply with AB 1437 and Prop. 2. 3.It is the specified intent of the author of AB 1437 to apply the animal welfare provisions of Prop. 2 to all chickens producing eggs sold to California consumers. Since California does import eggs from out of state, this will impact out-of-state producers. The committee may want to consider if this could be in conflict with the interstate commerce clause. 4.The Senate Rules Committee has doubled referred this bill to the Senate Health Committee as the second committee of referral. Therefore, if this measure is approved by this committee, the motion should include an action to re-refer the bill to the Senate Committee on Health. PRIOR ACTIONS Assembly Floor 65-12 Assembly Appropriations10-3 Assembly Agriculture 8-0 SUPPORT 2nd Chance for Pets Alpha Canine Sanctuary Animal Acres Animal Animal Place Animal Protection and Rescue League Animal Welfare Advocacy ASPCA Avian Welfare Coalition Bay Animal Hospital Blackberry Farm Bon App?tit Management Company California Animal Association Center for Food Safety Center for Science in the Public Interest Community Market Natural Foods Compassionate Carnivores Dr. Bauer's Advanced Wellness East Bay Animal Advocates Farm Animal Protection Project Farm Sanctuary Finance Tree, Inc G Town G Ranch Green Star Solution Here's Looking at You Baby Humane Society of Louisiana Humane Society of the United States Humane Society Veterinary Medical Association Internal Medicine Le Fort's Organic Crops League of Humane Voters Loving Touch Animal Massage Marin Humane Society Marin Vegetarian Education Group Middleton Farm Mt. Barnabe Farm Natural Pet Noah's Ark Veterinary Hospital North Star Pet Assistance Orange County People for Animals PAW PAC Paw Project Physicians Committee for Responsible Medicine Planning and Conservation League Positively Pets! Restaurant Soltan Banoo Rocket Dog Rescue Sausalito Animal Hospital AB 1437 - Page 4 Sugar Beat Sweets Tamalpais Pet Hospital TCM, Inc. The Grand Slam Diet.com The New School of Cooking Tree Axis Turner's Portable Welding Urban Cat Project Vreseis Limited (organic farm) World Society for the Protection of Animals 102 Individuals OPPOSITION Association of California Egg Farmers