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
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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