BILL NUMBER: AB 1437 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 26, 2010
AMENDED IN SENATE JULY 2, 2009
INTRODUCED BY Assembly Member Huffman
(Principal coauthor: Senator Florez)
(Coauthors: Assembly Members TomB Berryhill, Galgiani, Lieu, Nava,
and Solorio)
(Coauthors: Senators Hancock and Maldonado)
FEBRUARY 27, 2009
An act to add Chapter 14 (commencing with Section 25995) to
Division 20 of the Health and Safety Code, relating to public health.
LEGISLATIVE COUNSEL'S DIGEST
AB 1437, as amended, Huffman. Shelled eggs: sale for human
consumption: compliance with animal care standards.
Existing law, the Sherman Food, Drug, and Cosmetic Law, requires
the State Department of Public Health to regulate manufacturing,
sales, labeling, and advertising activities related to food, drugs,
devices, and cosmetics in conformity with the federal Food, Drug, and
Cosmetic Act, including, but not limited to, prohibition against the
receipt in commerce of any adulterated food, as defined. A violation
of these provisions is a crime.
Existing law, enacted as Proposition 2, an initiative measure
approved by the voters at the November 4, 2008, statewide general
election, establishes, commencing January 1, 2015, specified farm
animal treatment standards.
This bill would, commencing January 1, 2015, prohibit the sale of
a shelled egg for human consumption if it is the product of an
egg-laying hen that was confined on a farm or place that is not in
compliance with those animal care standards and would
require the department to, by January 1, 2011, develop and adopt
regulations regarding housing standards for egg-laying hens that are
consistent with these standards. The bill would also make
violations of these provisions a crime. This bill would declare that
its provisions are severable. By creating a new crime, this bill
would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 14 (commencing with Section 25995) is added to
Division 20 of the Health and Safety Code, to read:
CHAPTER 14. SHELLED EGGS
25995. The Legislature finds and declares all of the following:
(a) According to the Pew Commission on Industrial Farm Production,
food animals that are treated well and provided with at least
minimum accommodation of their natural behaviors and physical needs
are healthier and safer for human consumption.
(b) A key finding from the World Health Organization and Food and
Agricultural Organization of the United Nations Salmonella Risk
Assessment was that reducing flock prevalence results in a directly
proportional reduction in human health risk.
(c) Egg-laying hens subjected to stress are more likely to have
higher levels of pathogens in their intestines and the conditions
increase the likelihood that consumers will be exposed to higher
levels of food-borne pathogens.
(d) Salmonella is the most commonly diagnosed food-borne illness
in the United States.
(e) It is the intent of the Legislature to protect California
consumers from the deleterious, health, safety, and welfare effects
of the sale and consumption of eggs derived from egg-laying hens that
are exposed to significant stress and may result in increased
exposure to disease pathogens including salmonella.
(f) It is also the intent of the Legislature to further protect
the welfare of egg-laying hens in addition to and supplemental to the
protections afforded by Chapter 13.8 (commencing with Section
25990).
25996. Commencing January 1, 2015, a shelled egg may not be sold
or contracted for sale for human consumption in California if it is
the product of an egg-laying hen that was confined on a farm or place
that is not in compliance with animal care standards set forth in
Chapter 13.8 (commencing with Section 25990).
25997. The State Department of Public Health in consultation with
the Department of Food and Agriculture shall, by January 1, 2011,
develop and adopt regulations regarding housing standards for
egg-laying hens that are consistent with the animal welfare care
standards set forth in Chapter 13.8 (commencing with Section 25590).
25997.1. Nothing in this chapter, or in the regulations required
pursuant to Section 25997, shall prohibit the sale of a shelled egg
that is the product of an egg-laying hen confined on a farm or place
in accordance with the "Floor Space Per Hen" standards contained in
the 2008 Edition of the United Egg Producers Animal Husbandry
Guidelines for Cage Free Production in effect as of June 15, 2009.
25997.2. 25997. Any person who
violates this chapter is guilty of a misdemeanor, and upon conviction
thereof shall be punished by a fine not to exceed one thousand
dollars ($1,000) or by imprisonment in the county jail for a period
not to exceed 180 days or by both that fine and imprisonment.
25997.3. 25997.1. The provisions of
this chapter are in addition to, and not in lieu of, any other laws
protecting animal welfare, including the Penal Code. This chapter
shall not be construed to limit any state law or regulation
protecting the welfare of animals, nor shall anything in this chapter
prevent a local governing body from adopting and enforcing its own
animal welfare laws and regulations.
SEC. 2. If any provision of this act, or the application thereof
to any person or circumstances, is held invalid or unconstitutional,
that invalidity or unconstitutionality shall not affect other
provisions or applications of this act or other existing state law or
regulation that can be given effect with out
without the invalid or unconstitutional provision or
application, and to this end the provisions of this act are
severable.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.