BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1437
                                                                  Page  1

          Date of Hearing:   May 13, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                AB 1437 (Huffman) - As Introduced:  February 27, 2009 

          Policy Committee:                              AgricultureVote:8  
          - 0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill prohibits the selling of eggs still in the shell for  
          human consumption after January 1, 2015, if those eggs are  
          produced by egg-laying hens that are not in compliance with  
          California animal care standards. In addition, the bill makes it  
          a misdemeanor to violate this prohibition, punishable by a fine  
          of up to $1,000, up to 180 days in a county jail or both. 

           FISCAL EFFECT  

          Negligible, non-reimbursable costs for prosecution, offset by  
          fine revenue, for misdemeanor violations associated with not  
          complying with California animal care standards.

           COMMENTS  

           1)Rationale  .  With the passage of Proposition 2 in November  
            2008, 63% of California's voters determined that it was a  
            priority for the state to ensure the humane treatment of farm  
            animals. However, the proposition only applies to in-state  
            producers.  The intent of this legislation is to level the  
            playing field so that in-state producers are not  
            disadvantaged.  This bill would require that all eggs sold in  
            California must be produced in a way that is compliant with  
            the requirements of Proposition 2. 

            Californians have a history of establishing basic animal  
            welfare standards for the products they consume.  In 1996,  
            California voters banned the consumption, sale and transport  
            of horse meat. In 2004, the California Legislature banned the  
            sale of foie gras by prohibiting the sale of a product that is  








                                                                  AB 1437
                                                                  Page  2

            the result of force feeding a bird.   

           2)Standards for Confining Farm Animals Initiative (Proposition  
            2)  . This proposition adds a chapter to Division 20 of the  
            California Health and Safety Code to prohibit the confinement  
            of certain farm animals in a manner that does not allow them  
            to turn around freely, lie down, stand up, and fully extend  
            their limbs. The measure deals with three types of  
            confinement: veal crates, battery cages, and sow gestation  
            crates.

            The key portion of the statute will become operative on  
            January 1, 2015. Farming operations have until that date to  
            implement the new space requirements for their animals, and  
            the statute will prohibit animals in California from being  
            confined in a proscribed manner thereafter.

           Analysis Prepared by  :    Julie Salley-Gray / APPR. / (916)  
          319-2081