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AB-2039 Mobile slaughter operations: sheep and goats.(2019-2020)

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Date Published: 04/28/2020 09:00 PM
AB2039:v98#DOCUMENT

Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2039


Introduced by Assembly Member Levine

February 03, 2020


An act relating to livestock meat inspection. to amend Section 19020 of, and to add Sections 19021, 19022, and 19023 to, the Food and Agricultural Code, relating to slaughtered animals.


LEGISLATIVE COUNSEL'S DIGEST


AB 2039, as amended, Levine. Livestock meat inspection. Mobile slaughter operations: sheep and goats.
The California Meat and Poultry Supplemental Inspection Act authorizes the Secretary of Food and Agriculture to adopt, by regulation, standards and requirements relating to inspection, sanitation, facilities, equipment, reinspection, preparation, processing, buying, selling, and transporting, among other acts, for carrying out the purposes of the act. The act requires each person to be licensed before operating a meat processing establishment or a custom livestock slaughterhouse. The act does not apply in specified circumstances, including to a mobile slaughter operator who provides services to an owner of cattle, subject to specified conditions, including the condition that the person who raised the cattle and the mobile slaughter operator maintain records, as provided. A violation of the act is a misdemeanor.
This bill would exempt from the licensing requirements of the act a mobile slaughter operator that provides services to an owner of sheep or goats under certain specified conditions, including, among others, that the slaughter occurs on the premises of a person who raised the sheep or goats and who is not the owner of the sheep or goats, the person who raised the sheep or goats has registered with the Department of Food and Agriculture, the meat is not for sale, and no more than 25 head of sheep or goats combined are slaughtered in a calendar month on a single premises. The bill would require a mobile slaughter operator performing these services to register with the department as an unlicensed mobile slaughterer, as prescribed, and would limit the registration fee to the department’s regulatory costs, but in no event more than $100 per year. The bill would require unlicensed slaughterers of sheep and goats pursuant to the exemption to maintain records, as prescribed, of all sheep and goats that they slaughter and to exhibit the record book on demand of any inspector or peace officer. By expanding the scope and number of possible crimes under the act to certain unlicensed slaughterers of sheep and goats that fail to comply with the act’s provisions, the bill would impose a state-mandated local program.

This bill would express the intent of the Legislature to later enact legislation that would expand the latter exemption to a mobile slaughter operator who provides services to an owner of goats or sheep.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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


SECTION 1.

 Section 19020 of the Food and Agricultural Code is amended to read:

19020.
 This chapter does not apply to any of the following:
(a) Owners who slaughter, on their own premises, livestock of their own raising where the meat is not for sale, but used exclusively by the owners, members of the owner’s household, the owner’s employees, and nonpaying guests.
(b) A mobile slaughter operator who provides services to an owner as specified in subdivision (a) where the slaughter occurs on the owner’s premises and the meat is thereafter transported for the owner to an establishment for further processing.
(c) (1) A mobile slaughter operator who provides services to an owner of cattle, if the slaughter occurs on the premises of a person who raised the cattle and who is not the owner of the cattle, subject to the following conditions:
(A) Before the slaughter, the cattle are inspected pursuant to Section 21051.
(B) After the slaughter, the meat is transported for the owner to an establishment for further processing.
(C) The meat is not for sale, but is used exclusively by the owner, members of the owner’s household, the owner’s employees, and nonpaying guests.
(D) The person who raised the cattle shall maintain a record, for a period of one year, of the owner of the cattle and of the total number of cattle slaughtered. The records shall be made available, upon request, to a department inspector, investigator, or peace officer.
(E) If conducting multiple slaughter operations at a premises, a mobile slaughter operator shall maintain, for a period of one year, a record of the total number of cattle slaughtered and the premises where the slaughter occurred. The records shall be made available, upon request, to a department inspector, investigator, or peace officer.
(F) The mobile slaughter operators shall follow the guidelines published by the Association of Food and Drug Officials in the Guidelines for Exempt Slaughter and Processing Operations publication.
(2) The exemption in paragraph (1) shall not apply to the slaughter of more than five head of cattle on a single premises in a calendar month.
(3) Slaughter activities conducted pursuant to the exemption in paragraph (1) shall comply with all other applicable state and federal environmental and zoning laws.
(4) For purposes of this subdivision, the following terms shall apply:
(A) “Person who raised the cattle” means the person who owned and was responsible for feeding and caring for the cattle prior to its before their sale and slaughter on the person’s premises.
(B) “Raised” means the feeding and caring of cattle for a period of 30 calendar days or more prior to before the sale and slaughter of that those cattle.
(d) (1) A mobile slaughter operator who provides services to an owner of sheep or goats, if the slaughter occurs on the premises of a person who raised the sheep or goats and who is not the owner of the sheep or goats, subject to the following conditions:
(A) The person who raised the sheep or goats has registered with the department pursuant to Section 19022 and completed training for sanitary slaughter conditions.
(B) If the owner of the sheep or goat will not be present for the slaughter, an individual licensed by the department as a meat inspector pursuant to Section 18990 shall be present.
(C) If the owner of the sheep or goat will not be present for the slaughter, after the slaughter, the meat is transported for the owner to an establishment for further processing.
(D) The meat is not for sale, but is used exclusively by the owner, members of the owner’s household, the owner’s employees, or nonpaying guests.
(E) If conducting multiple slaughter operations at a premises, a mobile slaughter operator shall maintain, for a period of one year, a record of the total number of sheep and goats slaughtered, the scrapie tag number of the animals slaughtered, and the premises identification number where the slaughter occurred. The records shall be made available, upon request, to a department inspector, investigator, or peace officer.
(F) The mobile slaughter operators shall follow the guidelines published by the Association of Food and Drug Officials in the Guidelines for Exempt Slaughter and Processing Operations publication.
(2) The exemption in paragraph (1) shall not apply to the slaughter of more than 25 head of sheep or goats combined on a single premises in a calendar month.
(3) Slaughter activities conducted pursuant to the exemption in paragraph (1) shall comply with all other applicable state and federal environmental and zoning laws.
(4) For purposes of this subdivision, the following terms shall apply:
(A) “Person who raised the sheep or goats” means the person who owned and was responsible for feeding and caring for the sheep or goats before their sale and slaughter on the person’s premises.
(B) “Raised” means the feeding and caring of the sheep or goats for a period of 30 calendar days or more before the sale and slaughter of those sheep or goats.

(d)

(e) Persons solely engaged in cutting, wrapping, and otherwise processing farm or custom slaughter livestock or the processing and sale of fresh meats derived from United States Department of Agriculture inspected carcasses, except the curing, smoking, and preparing of cooked or smoked sausages or cooked pork products that are not exempted under subdivision (b) of Section 18814.

(e)

(f) Livestock slaughter and meat and poultry processing inspected by the United States Department of Agriculture.

SEC. 2.

 Section 19021 is added to the Food and Agricultural Code, to read:

19021.
 A mobile slaughter operator performing the service of slaughtering sheep or goats pursuant to subdivision (d) of Section 19020 shall be registered with the department as an unlicensed mobile slaughterer pursuant to Section 19022 and is subject to Section 19023. The registration fee shall not exceed the regulatory costs of the department and in no event shall be more than one hundred dollars ($100) per year.

SEC. 3.

 Section 19022 is added to the Food and Agricultural Code, to read:

19022.
 (a) A mobile slaughter operator performing the service of slaughtering sheep or goats pursuant to subdivision (d) of Section 19020 shall file a registration with the department’s Bureau of Livestock Identification that shows the names and addresses of the owners of the unlicensed mobile slaughterer and any other information the secretary may require.
(b) The registration shall be filed with the Bureau of Livestock Identification before a mobile slaughter operator may slaughter sheep and goats pursuant to subdivision (d) of Section 19020.
(c) After notice and hearing, the secretary may cancel the registration of any unlicensed mobile slaughterer of sheep and goats pursuant to subdivision (d) of Section 19020 for failing to comply with this section or Section 19023.

SEC. 4.

 Section 19023 is added to the Food and Agricultural Code, to read:

19023.
 Every person that is not a licensed slaughterer that slaughters sheep and goats pursuant to subdivision (d) of Section 19020 shall do both of the following:
(a) Maintain a record of all sheep and goats that are slaughtered by the person in a book kept expressly for that purpose. Each record shall include the name, address, and telephone number of the person for whom the sheep or goats are slaughtered, the premises identification number where the sheep or goats are slaughtered, the registration or license of the individual attending the slaughter, the scrapie tag number for each sheep or goat slaughtered, the date of slaughter, and the name and location of the food locker to which the slaughtered animal is, or the slaughtered animals are, delivered for butchering, unless the animals are exempt from the requirement to be delivered to a processing establishment.
(b) Exhibit the record book on demand of any inspector or peace officer.

SEC. 5.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SECTION 1.

It is the intent of the Legislature to later enact legislation that would expand the exemption in Section 19020 of the Food and Agriculture Code to a mobile slaughter operator who provides services to an owner of goats or sheep.