BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 1437| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 1437 Author: Huffman (D), et al Amended: 5/26/10 in Senate Vote: 21 SENATE FOOD & AGRICULTURE COMMITTEE : 4-1, 6/16/09 AYES: Florez, Maldonado, Hancock, Pavley NOES: Hollingsworth SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 ASSEMBLY FLOOR : 65-12, 5/26/09 - See last page for vote SUBJECT : Shelled eggs: sale for human consumption: compliance with animal care standards SOURCE : Author DIGEST : This bill prohibits selling shelled eggs for human consumption in California produced by egg-laying hens on farms not in compliance with animal care standards. ANALYSIS : Existing law prevents any person from tethering or confining, for all or a majority of any day, animals, specifically pigs during pregnancy, calves raised for veal, or egg-laying hens, in such a way that prevents the animal from lying and standing, fully extending limbs, and turning around completely. This begins on January 1, 2015. CONTINUED AB 1437 Page 2 This bill: 1.Prohibits shelled eggs from being sold for human consumption in California if the farm or location for production is not in compliance with California animal care standard beginning January 1, 2015. 2.Allows for a fine not to exceed $1,000 or imprisonment in a county jail not to exceed 180 days or by both the fine and imprisonment. Comments In November 2008, voters passed Proposition 2, which addressed confinement of farm animals. The law requires that certain farm animals, including egg-laying hens, have room to move freely. According to the author's office, requiring all eggs sold for human consumption in California to conform to the animal care standards will protect California's consumer's health and welfare. Reports cited by the author state that egg-laying hens subjected to stress have a greater chance of carrying bacteria or viruses, thus having a greater chance of exposing consumers to food borne bacteria and viruses. Some supporters stated this bill will level the playing field for California egg producers to remain competitive with out-of-state egg producers. California has a history of establishing animal welfare standards for products consumed here. The Legislature passed SB 1520 (Burton), Chapter 904, Statutes of 2004, which banned the sale of foie gras by prohibiting the sale in California of a product if it is the result of force feeding a bird for the purpose of enlarging the bird's liver beyond normal size. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes SUPPORT : (Verified 6/16/10) 2nd Chance for Pets AB 1437 Page 3 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 AB 1437 Page 4 Rocket Dog Rescue Sausalito Animal Hospital 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 OPPOSITION : (Verified 6/16/10) California Restaurant Association ARGUMENTS IN SUPPORT : Proponents state that this bill will ensure standardized basic animal welfare standards for the production of shelled eggs consumed in California. While there are currently similar efforts to Proposition 2 in other states across the nation, this bill 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 this bill and Proposition 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 this bill also addresses a health and food safety issue with California eggs which they feel is not in conflict with the interstate commerce clause. ARGUMENTS IN OPPOSITION : (No letter on file) ASSEMBLY FLOOR : AYES: Adams, Ammiano, Arambula, Beall, Bill Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield, Brownley, AB 1437 Page 5 Buchanan, Caballero, Charles Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon, Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes, Fuller, Furutani, Galgiani, Gilmore, Hall, Hayashi, Hernandez, Hill, Huber, Huffman, Jones, Krekorian, Lieu, Bonnie Lowenthal, Ma, Mendoza, Monning, Nava, Nestande, Niello, Nielsen, John A. Perez, V. Manuel Perez, Portantino, Price, Ruskin, Salas, Saldana, Skinner, Smyth, Solorio, Swanson, Torlakson, Torres, Torrico, Tran, Yamada NOES: Anderson, DeVore, Gaines, Garrick, Hagman, Harkey, Jeffries, Knight, Logue, Miller, Silva, Villines NO VOTE RECORDED: Duvall, Audra Strickland, Bass TSM:nl 6/16/10 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****