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SB-1520 Force fed birds.(2003-2004)

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SB1520:v94#DOCUMENT

Senate Bill No. 1520
CHAPTER 904

An act to add Chapter 13.4 (commencing with Section 25980) to Division 20 of the Health and Safety Code, relating to force fed birds.

[ Filed with Secretary of State  September 29, 2004. Approved by Governor  September 29, 2004. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 1520, Burton. Force fed birds.
Existing law authorizes an officer to issue a citation to a person or entity keeping horses or other equine animals for hire if the person or entity fails to meet standards of humane treatment regarding the keeping of horses or other equine animals.
This bill would establish similar provisions regarding force feeding a bird, as defined. The bill would prohibit a person from force feeding a bird for the purpose of enlarging the bird’s liver beyond normal size, and would prohibit a person from hiring another person to do so. The bill would also prohibit a product from being sold in the state if it is the result of force feeding a bird for the purpose of enlarging the bird’s liver beyond normal size. The bill would authorize an officer to issue a citation for a violation of those provisions in an amount up to $1,000 per violation per day.
The bill would provide that these prohibitions shall become operative on July 1, 2012.
Until July 1, 2012, this bill would prohibit an existing or future civil or criminal cause of action for engaging in an act prohibited by the bill, from proceeding against a person or entity engaged in, or controlled by persons or entities who were engaged in, agricultural practices that involved force feeding birds at the time of the enactment of this bill.

The people of the State of California do enact as follows:


SECTION 1.

 Chapter 13.4 (commencing with Section 25980) is added to Division 20 of the Health and Safety Code, to read:
CHAPTER  13.4. Force Fed Birds

25980.
 For purposes of this section, the following terms have the following meanings:
(a) A bird includes, but is not limited to, a duck or goose.
(b) Force feeding a bird means a process that causes the bird to consume more food than a typical bird of the same species would consume voluntarily. Force feeding methods include, but are not limited to, delivering feed through a tube or other device inserted into the bird’s esophagus.

25981.
 A person may not force feed a bird for the purpose of enlarging the bird’s liver beyond normal size, or hire another person to do so.

25982.
 A product may not be sold in California if it is the result of force feeding a bird for the purpose of enlarging the bird’s liver beyond normal size.

25983.
 (a) A peace officer, officer of a humane society as qualified under Section 14502 or 14503 of the Corporations Code, or officer of an animal control or animal regulation department of a public agency, as qualified under Section 830.9 of the Penal Code, may issue a citation to a person or entity that violates this chapter.
(b) A citation issued under this section shall require the person cited to pay a civil penalty in an amount up to one thousand dollars ($1,000) for each violation, and up to one thousand dollars ($1,000) for each day the violation continues. The civil penalty shall be payable to the local agency initiating the proceedings to enforce this chapter to offset the costs to the agency related to court proceedings.
(c) A person or entity that violates this chapter may be prosecuted by the district attorney of the county in which the violation occurred, or by the city attorney of the city in which the violation occurred.

25984.
 (a) Sections 25980, 25981, 25982, and 25983 of this chapter shall become operative on July 1, 2012.
(b) (1) No civil or criminal cause of action shall arise on or after January 1, 2005, nor shall a pending action commenced prior to January 1, 2005, be pursued under any provision of law against a person or entity for engaging, prior to July 1, 2012, in any act prohibited by this chapter.
(2) The limited immunity from liability provided by this subdivision shall not extend to acts prohibited by this chapter that are committed on or after July 1, 2012.
(3) The protections afforded by this subdivision shall only apply to persons or entities who were engaged in, or controlled by persons or entities who were engaged in, agricultural practices that involved force feeding birds at the time of the enactment of this chapter.
(c) It is the express intention of the Legislature, by delaying the operative date of provisions of this chapter pursuant to subdivision (a) until July 1, 2012, to allow a seven and one-half year period for persons or entities engaged in agricultural practices that include raising and selling force fed birds to modify their business practices.