BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 1437|
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                                 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
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          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







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          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







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          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,  







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            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  ****