BILL ANALYSIS
AB 1437
Page 1
Date of Hearing: April 29, 2009
ASSEMBLY COMMITTEE ON AGRICULTURE
Cathleen Galgiani, Chair
AB 1437 (Huffman) - As Introduced: February 27, 2009
SUBJECT : Shelled eggs: compliance with animal care standards.
SUMMARY : Prohibits selling shelled eggs for human consumption in
California produced by egg-laying hens on farms not in compliance
with animal care standards. Specifically, 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 to $1,000 or imprisonment in a
county jail not to exceed 180 day or by both the fine and
imprisonment.
3)States that provisions in this law are in addition to and do not
replace any other laws protecting animal welfare.
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. (Health and Safety Code Section 25900 et seq.)
FISCAL EFFECT : Unknown. This bill is keyed fiscal by Legislative
Counsel.
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. Freedom of movement includes the ability the stand up, lie
down, extend limbs fully without touching the sides of an enclosure
and turn around freely.
According to the author, requiring all eggs sold for human
consumption in California to conform to the animal care standards
will protect California consumer's health and welfare. Reports
cited by the author state that egg-laying hens subjected to stress
AB 1437
Page 2
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.
A January 2009 report on poultry flock health in Sweden showed
significantly higher rates of mortality due to bacterial and
parasitic disease and cannibalism in litter based housing and free
range housing for egg laying hens compared to cage housing. The
report showed occurrence of viral disease was significantly higher
for indoor litter based housing compared to cage housing.
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 a product if it is
the result of force feeding a bird for the purpose of enlarging the
bird's liver beyond normal size.
The author's office and supporters have stated that this bill is
not meant to clarify, change or expand on the current animal
welfare standards relating to confinement. This bill would cause
those standards to be exported to other states. The committee may
wish to consider if this fits the Interstate Commerce Clause test;
specifically, this is of compelling interest to California to
protect public health.
REGISTERED SUPPORT / OPPOSITION :
Support
Alpha Canine Sanctuary
American Society for the Prevention of Cruelty to Animals
Animal Internal Medicine
Animal Place
Animal Protection & Rescue League
Blackberry Farms
Bon Appetit Management Company
California Animal Association
Center for Food Safety
Center for Science in the Public Interest
Community Market
Farm Animal Protection Project
AB 1437
Page 3
Farm Sanctuary
Humane Society of the United States
Humane Society Veterinary Medical Association
Physician's Committee for Responsible Medicine
Planning and Conservation League
Sierra Club California
Tamalpais Pet Hospital
The League of Humane Voters, California Chapter
The Paw Project
World Society for the Protection of Animals
138 Individuals
Opposition
None on file.
Analysis Prepared by : Victor Francovich / AGRI. / (916) 319-2084