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.


          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.


          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.


          Assembly Floor 65-12
          Assembly Appropriations10-3
          Assembly Agriculture  8-0




          2nd Chance for Pets
          Alpha Canine Sanctuary
          Animal Acres Animal 
          Animal Place 
          Animal Protection and Rescue League
          Animal Welfare Advocacy 
          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 
          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

          Association of California Egg Farmers