November 6, 2007

Pursuant to Elections Code Section 9005, we have reviewed the proposed initiative entitled “Farm Animal Protection Act” (A.G. File No. 07‑0058).

Major Provisions

Effective January 1, 2015, this statutory measure would prohibit with specified exceptions, the prolonged confinement on a farm of pregnant pigs, and calves raised for veal in a manner that does not allow them to turn around freely, lie down, and stand up. This measure would also prohibit the confinement of egg-laying hens in any manner other than one that is consistent with scientifically validated standards of animal care. The California Department of Food and Agriculture would be required to develop and publish standards for the care of egg-laying hens. Under the measure, any person who violates this law is guilty of a misdemeanor and may be punished by a fine of up to $500 or 40 hours of animal welfare instruction at a local educational institution or agricultural extension facility.

There is currently no state law regarding the confinement of agricultural farm animals. However, state law requires individuals who keep pet animals in any confined area to provide the animal with an adequate exercise area, and ensure that any leash is affixed in such a manner as to allow the animal access to shelter, food, and water.

Fiscal Effect

This measure would result in minor absorbable state administrative costs for the development and publication of regulations regarding standards of care for egg-laying hens. Additionally, there would be unknown, but probably minor local and state costs for enforcement and prosecution of individuals charged with the new animal confinement offense. These costs would likely be partially offset by revenue from the collection of misdemeanor fines.

Summary

This measure would result in the following fiscal effect:

·        Probably minor local and state enforcement and prosecution costs, partly offset by increased fine revenue.

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