BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2505|
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CONSENT
Bill No: AB 2505
Author: Quirk (D)
Introduced:2/19/16
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/14/16
AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 79-0, 4/21/16 (Consent) - See last page for
vote
SUBJECT: Animals: euthanasia
SOURCE: Author
DIGEST: This bill prohibits the use of carbon dioxide to
euthanize an animal.
ANALYSIS:
Existing law:
1)Prohibits the killing of any animal by using a) carbon
monoxide gas (Pen. Code, § 597u, subd. (a)(1)) or b)
intracardiac injection of a euthanasia agent on a conscious
animal, unless the animal is heavily sedated or anesthetized
in a humane manner, or comatose, or unless, in light of all
the relevant circumstances, the procedure is justifiable.
(Pen. Code, § 597u, subd. (a)(2).)
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Page 2
2)States that with respect to the killing of any dog or cat, no
person, peace officer, officer of a humane society, or officer
of a pound or animal regulation department of a public agency
shall use any of the methods specified in subdivision (a) or
any of the following methods:
a) High-altitude decompression chamber. (Pen. Code, § 597u,
subd. (b)(1).)
b) Nitrogen gas. (Pen. Code, § 597u, subd. (b)(2).)
3)States that no person, peace officer, officer of a humane
society or officer of a pound or animal regulation department
of a public agency shall kill any dog or cat by the use of any
high-altitude decompression chamber or nitrogen gas. (Pen.
Code, § 597w.)
4)Provides that it is unlawful for any person to sell, attempt
to sell, load or cause to be loaded, transport or attempt to
transport any live horse, mule, burro, or pony that is
disabled if the animal is intended to be sold, loaded, or
transported for commercial slaughter out of California. (Pen.
Code, § 597x(a).)
5)Defines a "disabled animal" as including, but not limited to,
any animal that has broken limbs, is unable to stand and
balance itself without assistance, cannot walk, or is severely
injured. (Pen. Code, § 597x(b).)
6)States that a violation of the prohibitions on methods of
killing is a misdemeanor. (Pen. Code, § 597y.)
This bill prohibits the use of carbon dioxide (CO2) to euthanize
AB 2505
Page 3
an animal.
Background
CO2 euthanasia occurs by administration of the gas in a sealed
container. The gas produces unconsciousness and then death. A
pressurized cylinder of CO2 is now viewed by a number of
international animal research oversight authorities as the only
acceptable method. CO2 may be administered in a home cage or in
a specialized compartment and may be used to kill individuals or
small groups of animals.
Discussions of CO2 euthanasia with various people working in
laboratory animal medicine and care (e.g. veterinarians,
vivarium directors, technicians) reveal that there are
conflicting CO2 practices and recommendations within the animal
research community. For example, some institutions require that
the euthanasia chamber be prefilled with CO2, while others
prohibit the use of prefilled chambers because they appear to
cause animal distress. Similar discrepancies in practice have
also been noted in regards to concentration, flow rate and
presence of oxygen. (Laboratory Animals, Conlee et al. (2005),
p. 139.)
The American Veterinary Medical Association (AVMA) published
their most recent guidelines regarding animal euthanasia in
2013. The AVMA laid out strict guidelines for the use of CO2,
but did not prohibit its use for euthanasia altogether.
According to the AVMA, "Unfortunately, there are still shelters
and animal control operations that do not have access to
controlled substances and/or the personnel authorized by the
Drug Enforcement Administration to administer them. This limits
these facilities' options for euthanizing animals."
(http://atwork.avma.org/2013/02/26/euthanasia-guidelines-the-gas-
chamber-debate/)
The AVMA Guidelines and Restrictions with respect to use of CO2
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for animal euthanasia are as follows and use of CO2 is only
considered acceptable if all the following guidelines are met:
1)Personnel must be instructed thoroughly in the gas's use and
must understand its hazards and limitations;
2)The gas source and chamber must be located in a
well-ventilated environment, preferably outdoors;
3)The gas must be supplied in a precisely regulated and purified
form without contaminants or adulterants, typically from a
commercially supplied cylinder or tank;
4)The gas flow rate must allow operators to achieve known and
appropriate gas concentrations within the recommended time;
5)The chamber must be of the highest-quality construction and
should allow for separation of individual animals. If animals
need to be combined, they should be of the same species, and,
if needed, restrained or separated so that they will not hurt
themselves or others. Chambers should not be overloaded and
need to be kept clean to minimize odors that might distress
animals that are subsequently euthanized;
6)The chamber must be well lighted and must allow personnel to
directly observe the animals;
7)If the chamber is inside a room, monitors must be placed in
the room to warn personnel of hazardous concentrations of gas;
and
8)It is essential that the gas and the chamber be used in
compliance with state and federal occupational health and
safety regulations.
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In the 2013 Guidelines, euthanasia by intravenous injection of
an approved euthanasia agent remains the preferred method for
euthanasia of dogs, cats, and other small companion animals. Gas
chambers are not recommended for routine euthanasia of cats and
dogs in shelters and animal control operations.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
SUPPORT: (Verified6/27/16)
American Society for the Prevention of Cruelty to Animals
Best Friends Animal Society
California Animal Control Directors Association
California Veterinary Medical Association
Humane Society Veterinary Medical Association
LIUNA Locals 777 & 79
Los Angeles County District Attorney's Office
San Diego Humane Society
State Humane Association of California
Stockton Animal Shelter
OPPOSITION: (Verified6/27/16)
None received
ARGUMENTS IN SUPPORT: The American Society for the
Prevention to Cruelty to Animals (ASPCA) states:
California law already prohibits the use of carbon monoxide
gas chambers for euthanasia - AB 2505 simply closes a loophole
AB 2505
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by including carbon dioxide chambers in that ban. Gas chambers
are inhumane and unnecessary. The ASPCA believes it is
critically important that any euthanasia is administered with
compassion and car, which gas chambers do not provide. Shelter
animals deserve the same level of care that our pets receive
when the difficult decision is made to euthanize.
ASSEMBLY FLOOR: 79-0, 4/21/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,
Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,
Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,
Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth
Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto,
Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper,
Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim,
Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis,
Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte,
O'Donnell, Olsen, Patterson, Quirk, Rodriguez, Salas,
Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner,
Waldron, Weber, Wilk, Williams, Wood, Rendon
NO VOTE RECORDED: Ridley-Thomas
Prepared by:Molly Lao / PUB. S. /
6/29/16 15:50:47
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