SR-080610-13C13-C
June 10, 2008
Council Meeting: June 10, 2008 Santa Monica, California
CITY CLERK'S OFFICE -MEMORANDUM
To: City Council
From: Councilmember McKeown
Date: March 11, 2008
13-C: Request of Councilmember McKeown that the Council, in acknowledgement
of the distaste many Santa Monica food consumers have for the sometimes
inhumane practices employed by factory farms, endorse the "California
Prevention of Farm Animal Cruelty Act," an initiative measure sponsored by
the Humane Society of the United States and others, and scheduled for the
November 4, 2008 ballot.
13-C
June 10, 2008
1
FOR IMMEDIATE RELEASE
Anti-Cruelty Measure Certified for California's November Ballot
(April 9, 2008)-California Secretary of State Dehra Bowen today certified an anti-cruelty ballot
initiative for the statewide general election on November 4~ 2008. Californians for'Humane
Farms, sponsored by The Hnmane Society of the United States, Farm Sanctuary and other animal
protection groups, family farmers, veterinarians and public health professionals, said the
Prevention of Farm Animal Cruelty Act will provide the most basic protection to nearly 20
million animals confined in industrial factory farms in California: that they merely be able to
turn around and extend their limbs,
When approved in November, the Act will prevent California factory farms from confining
animals in the most restrictive crates or cages-specifically, veal crates for calves, batterv cages
far egg-laying hens; and gestation crates for breeding pigs. The new law would take effect in
2015, allowing producers ample time to transition to more humane and environmentally
sustainable systems.
"Across California, millions of farm animals are crammed into cages so small they can barely
move for months on end," stated. Wayne Pacelle, president and CEO of The Humane Society of
the United States. "We're heartened that nearly 800,000 Californians signed to put this important
anti-cruelty initiativebn the ballot, and we look forward to November, when Californians will
vote to establish the principle in law that animals raised for Food deserve humane treatment."
"Americans oppose cruelty and believe that animals, including farm animals, deserve to be
treated with respect and compassion. Hundreds of thousands of Californians signed petitions
circulated by volunteers to place the Prevention of Farm Animal Cruelty Act on the baiIot," said
Gene Baur, president of Farm Sanctuary, "In November, Californians will have the opportunity
to make their voices heard at the ballot box and outlaw some of the worst factory farm abuses."
The HSUS has offices in Los Angeles and Sacramento, about 1:2 million supporters in California
as well as a wildlife rehabilitation center in'San Diego County: Farm'Sanctuary operates the
largest farm animal rescue and sheltering network in North America, including a 300-acre
sanctuary in Northern California. The two organizations led a successful 2002 Florida ballot
initiative that banned gestation crates {55°10-45%) and in Arizona in 2006 that banned gestation.
and. veal crates (62%-38%). In 2007, the Oregon legislature banned gestation crates. Recently,
The HSUS investigated a dairy cow slaughter plant in Chino, Calif., and documented appalling
abuses of downer cows.
Facts
Veal crates are narrow wooden enclosures that prevent calves from turning around or
lying down comfortably. The calves are typically chained by their necks and suffer
immensely.
• California factory farms confine approximately 19 million hens per year in barren battery
cages that are so small, the birds can't even spread their wings. Each bird has less space
than a single sheef of paper on which to live.
• During their four-month pregnancies, nearly 20,000 female breeding pigs in Califomia
are confined in barren gestation crates-individual metal enclosures only 2 feet wide.
The crates are so small, the animals cannobeven tum around
The Prevention of Farm Anima] Cmelty Act will reduce the suffering of nearly 20
million animals confined on California factory farms. The measure will also prevent
other out-of--state factory farm operators from setting up shop in our state with veal
crates, battery cages, and gestation crates:
• Caging animals in high densities leads to more animal waste and air and water pollution,
as well as risk of disease transmission such as satmanella.
• Fladda, Arizona and Oreeon have prohibited gestation crates. Arizona has prohibited
veal crates. A bill in Coloradc is awaiting the governor's signature to ban both gestation
crates and veal crates. And. the European Unicn has already legislated against all three of
these abuses.
• In California and across the country, restaurants, producers, and retailers-including
Safeway, Bureer King, Carl's Jr. and Hardees, Walf an Puck, Smithfield Foods, San
Francisco State University, and University ofCalifornia-Berkeley-are moving away
from supporting crates and cages on factory farms, California city councils have
passed resolutions opposing battery cage confinement:
CONTACT:
Erin Williams, The HSUS, 240-751-5369, ewi]]iams tnr.humanesoeiety_ore
Tricia Barry, Farm Sanctuary, 607-342-5744, tricia a'lfarmsanctuary org
• -30-
Californians for Humane Farms is a coalition ofanimal protection organizations, veterinarinns,
environmentalists, food safety organizations, and concerned citizens whoPained efforts to launch
a statewide initiative for the November 2008 ballot=one that will improve the lives ofmillions of
farm animals in California.
IJt 1`~ "...
September 14, 2007
Pursuant to Elections Code Section 9005, we have reviewed the proposed initiative entitled
"California Prevention of Farm Animal Cruelty Act" (File No. 07-0041).
A4ajor Provisions
Effective 7anuary 1, 2015, this statutory measure would prohibit with specified exceptions, the
contnement on a farm of pigs, calves, and hens in a manner that does not allow them to mrn
around freely, lie down, stand up, acid fully extend their limbs. Under the measure, any person
who violates this law is guilty ofa misdemeanor and may be punished by a fine of up to $1,000
or imprisonment in county jail for up to six months.
Fiscal Effect
This measure would result in unknown, but probably minor, local and state costs for enforcement
and prosecution of individua]s charged with the new at7imal confinement offense. Thesecosts
would likely be partially offset by revenue firm the collection of misdemeanor tines.
Summary
This measure would result in the following fiscal eftect:
• Probably minor local and state enforcement. and prosecution costs, partly offset by
increased fine revenue.
Available online at h~~/1192 X34 ~ 13.21ba11ot12007t470690.aspx
Veterinarians
• More than 300 Califomia vets and nearly 50 veterinary medical students.
The Humane Society Veterinary Medical Association
• More than 20 veterinary hospitals and clinics
Animai protection charities
• More than fi0 animal protection charities, including:
o More than a dozen California humane societies and SPCAs in Los Angeles, San
Francisco, Sacramento, and beyond
o Leading riakional organizations like The Humane Society of the United States,
Farm Sanctuary, the National Federation of Humane Societies, $est Friends
Animal Society
Leading nonprofit organizations
• More than 30 organizations across the country that are working to address the public health,
environmental, social justice and animal welfare impacts of factory fanning, including:
o The Pew Commission on Industrial Farm Anima! Production, Center for Food Safety
Center for Science in Ehe Public InteresT, the Cesar Chavez Foundation, Defenders of
Wildlife, Sierra Club Califomia, and the Union of Concerned Scientists
Elected officials & local governments
• The city councils of Los Angeles, San Francisco and Berkeley and several state lawmakers,
including:
o Senators Christine Kehoe {San Diego} and Carole Migden (San Francisco),
Assembly Speaker pro Tem Sally Lieber (Mountain View), and Assemblymen Jose
Solario (Anaheim), Mark Leno (San Francisco), and Lloyd Levine (Van Nuys)
Religious organizations and leaders
• National and state leaders from across the religious spectrum, including:
o The National Catholic Rural Life Conference, Rev. Paul G. Irwin, President & CEO -
American Bible Society, The Right Reverend Marc Handley Andms, Bishop of the
Episcopal Diocese of Califomia, Bishop Beverly J. Shamans, Califomia Nevada
Conference, Ua[ted Methodist Church, Bishop Mary Ann Swenson, California-
Pacifie Conference, United MethodistChurch, The Right Reverend James R. Mathes,
Bishop of the Episcopal Diocese of San Diego and more than a dozen leaders of
individual Califomia congregations
California farmers
• A growing number of Califomia farmers, including:
o Bill Niman, Prather Ranch, Bob and Barham Diebert Fames, Eatwetl Farms,
Lunny Ranch, and Wellington Vineyards, US Fartns, Inc.
California businesses & business owners
• Nearly 150 Califomia businesses From all walks of commerce, including:
o Restaurants, artists, pet-related stores and services, real estate brokers, grocery
stores, medical doctors, construction, and more
Ceiebri#ies
• More Chan 40 well-known experts, authors, actors, actresses, chefs, and others, including:
o Dr. Jane Gooddatt, Wolfgang Puck, Bill McKibben; Eric Schlosser, Ellen
Degeneres, Daryl Hannah, Alicia Silveestone, Ed Asner and more
The comp(e#e lisf of endorsements is available at
htfp://humanecalifornia. orp/endorsements
o7-aoat
August fi, 20t)7
r ~. ~`cini Melton
Fnitia#fve C aardinator
C)ffrce of the Attorney Ciener~tl
P:(): 3o~ 94&255
Sticramcnta, CA 9~24~-255fl
Rc: Request t~rrTitle and Suzmna f<~r Yrapased Intiat~•e
r34'ar 0.is. hleItirn.
~~~
A~J~a - 9 Zt}~7
INIT1ATlVE COORplNt1TOR
AT7t}RAJEI' GENERA(.`S OFF[GE
Pursuitnt to Califotnia I;It:ctons C'.tide, Section 91142, I respectfully request the Ationtey
Gcner'al prepare a title and sumntary of t(te chief purpose <md paitite of T'tze Califeirtzzct
1'rc~uentiarz of Faun tfnztnal ~'t'uelly rfct.
Also ezrclosed, as required by California Elections Cock:, Section 18654; is the 611€rg fie
n1~tGrcr-hundred dollar's (s~'2f10); and tltc prapctrant declaration, as required by Caiifarctia
Elections Code, Section 9(1(18.
Flurse direetany catrespandt~nce; regarc(ing this initiative to my resident rtttttress, below.
Thank yaa far your assisfancr.
SxG3a cly.
Jae Ramsey
C~7-x041
IN#TtATI~'E MiFASURE TO BE StIRMtITLD DIRGG'TLY TC? TFiE t~C)T[:RS
The Attorney General cif California has prepared the fol#oGVing titleanc! sumanary cxf dae
chief pitrposc and points of the proposed measure;
{#lere sat forth the title and summary prepareii by the Attorney Genera#. This title x=[nd
summary txxttst a#so be printed aoross the tap of each papa of the petition cuhcreott
siznxatures are.. to appear).
TC? Tf1E f IONORAI3LD 51iC'RETARy' C)F S`I'A`I'E C)F CALIFC)RNiA
~~e, ttxe undcrsi~;treil, x'egistared, qualified voters of C:alifixnia, residents of
County (vr City and Caunty), herctay propose amendments to the FTea#th and Safety
Code,,relating to farm animtils, and petition the ~acretary of State to submit the sau3e to
voters of Cahf'ornia for their adoption ar rejection at ftxe next succeeding primary or
general e#ection, tar at any spccia# statewide election held prior to that primary' or general.
e#ection, or as otherwise pro ided'by #a~v. The pioposcd<statutory amendments (i'ut# title
zmd text of measure) react as follows.
Sk:CT10N'l. SEIOR'I'TIT'T~p
This Act sha#1 be Rnawn and may be cited as the Prevention cxf Faun Animal C.rtteity Act.
stca"IC~x2_ ~xtxne~sp
The purpose of this r~ct is to prohibit the cnaeil confinement of faun attnxa#s in a manner
that does not a#tow them tea tam around free#y, lie down; stand up, aad fatly extend their
hinbs.
S(SC'I TE3,~" 3. FARM AT+iIMA.L CRIJtiT iY PttCi~l'I tt)]~15
Cliiipter 13.& {eammenciig with Section 2599(1) is added to Division 20 of the Elealttx and.
Safety Code, to read:
~EI.APTLRi.~,$; FARM.;hA'IIviA[,CRUELTY
2~99k1. Pxtltltt~tTCpttr~. -- In addition to other applicable provisions of law., a person
sha#I not tedxer or confine any covered animal, on a fartrr, for alt or t#re inajatity of any
day, in a mantxer that prevents such animal franx:
{a} Lying down, standing up, and fully extending his or bar [imps; anc#
(h} Tunxing around fi•eely.
25991. DErtlTtt3N5.- For file purposes of this chapter, fhe following terms have the
following. meanings:
{a} `'C`alf raised for veal" me€tns any calf of the havrine tipu~uies kept fitr tltc
pnrptts' afpraducing the food product described as veal.
{b} "C'avered anima(" mt~ns any pig during pregnancy, calf raised f'ar weal, ttr
egg-laying hen who is kept can a faun,
{c~ `'pgg-Ia}ping hen" means. any fe~tnale tlomestieatetl chicken, turkey, duck,
goose, or guinea: favvl kept far the purpose of agg preaductiart.
{d} "Enclasure" tttcans any cage, crate,:. ar other structure {includutg tw•hat is
eomntonly cleserihed as a "g€~statiatt crate" for gigs; a `heal crate" for cakes;
ttr a "battery cage" for egg-layitt~ hens} used to confine. a covered animal,
(s~ "Farm" mcatts the land, building, support facilities, and outer ecluptttent That
are wltally or partially used for the commercial praduetiatt of a€tlmals ar
animal products used far food or fiber, and doe not inclnele live animal
ntak:ts:
fb) "Fully extending his ar her limbs" means fully extending all baths without
touching the side of an enclosure, including,. m the case of egg-laying hens,
fully spreadt`ng bath v~ings witltaut touching the side of am enclosure or other
egg-laying hens.
(t} "Pcrsttn" means any indit,~dual, fi[tt1, partncrsliip, jaittt venture; associativtt,
limited liability company; cot'paratian, estate, tntst, receiver, ar syndicate.
(~) "Pig tfttring pregnancy" rneF'tns ally pregn:ntt pig, of tlrt< porcine species kept
for the primary purpose afbYac;t3in~:
{ltd "Taming arntmd freely" means taming iii a camplate circle vvitl:aut atay
impediment, including a tet}1er, and without touelti€tg the side a€ at€ enclosure.
25992.. ~xc:e€>`1'ICls,- This chapter shall not apply:
(a} I?uring scientific or agricultural research.
{b) Lluring examination. testing, individual treatment cir operation f"pr vcte~rinary
purposes,
{el Duritlgtranspart~itian.
(dj L7uring rtuiec~ cxlttbitians, state t}r ctiuttty t'tyir z tihibikitsrts, =#-Il pro~:rants, rutcl
similar exltibitarts.
(e) f)uriitg the slaugtea- of a ctivercd animal in accordance vvith the pftii isions o#'
chapter 6 (eamtneneing with Section 19501.} of llivisiott 9 of the, Toad atttl
A~rictiltural trade, relating to ftumane tnethads of slaughter, antt atlter
applicable taw anal reputations,
(£} `Ta a pig during ttte seven-day period prior to the pig°s expected date of giving
liitth.
2599. 1~`:'iFt)RCF:~iPN'€':-_ Any person who vtalat any a{'the 1>tttvisiatts afthis chapter
is guilty of a misdetnean4vr, atxl upon eanvietion thereof shall be punished by a fine not to
exceed atte thousand dallais,(51,000) or 1zy i€ntrrisatnne€€t in the ctttu3ty jai fora 1)erioel
not to exceed 180 days ar by bath such tine and imprisonment.
25994. C.caNS'['RtiC'Tt(?~7 ot+ CHAP'I I?:12.- The previsions of this chapter are in addition
lo, and zlat in thin of; any othet~ laiv~s protoating animaCwelfarc, including the Calil2mtia
Penal Cede "fhis chapter shall not be construed to limit any state tavv or regulations
pratccting the. welfare of animals, not shat} anything; in this chapter prevent a local
gavernuag Iiocly franc adopting anct enParcing its acv>n animal K~elfare taws and
regulatians.
SFCTI€3N ~$. StiV{iRili3ltlt'I'Y
If any praviston of this Aet; or the. applicatian'theroof to any p~rsots or circumstances, is
held invalid ar uneonstitufrot7al, that invalidity ar unc:on5titutionalit},shall neat affect other.
ptouisio#is ar applications ref this AcE chat eats lie given efFeat tvit9tout the iirvalid or
unc;anstitutiatiat iitavision cir applicatiian, and to this enct the provisions oi'this Act are.
:severable.
SEC'Ttt)~ 5 ht~FE^CTIV3; t7A`CFS
The previsions of sections 25990, 25991, 25992, 25993, anti 25994 shall become
operative on dtututrry 1, 2015.