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AB-1285 Poultry health advisory committee: regulations to control or eradicate poultry diseases.(2021-2022)

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Date Published: 02/19/2021 09:00 PM
AB1285:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1285


Introduced by Assembly Member Flora

February 19, 2021


An act to add Part 2.5 (commencing with Section 10650) to Division 5 of the Food and Agricultural Code, relating to poultry health.


LEGISLATIVE COUNSEL'S DIGEST


AB 1285, as introduced, Flora. Poultry health advisory committee: regulations to control or eradicate poultry diseases.
(1) Existing law requires the Department of Food and Agriculture to periodically publish and make available a list of reportable conditions that pose or may pose significant threats to public health, animal health, the environment, or the food supply. Existing law, the California Meat and Poultry Inspection Act, requires the Secretary of Food and Agriculture to provide for the inspection and regulation of livestock and poultry products. The act provides that any person that violates these provisions is subject to civil penalties, as specified.
Existing law, the California Meat and Poultry Supplemental Inspection Act, also authorizes the secretary to adopt, by regulation, standards and requirements relating to inspection, sanitation, facilities, equipment, reinspection, preparation, processing, buying, selling, and transporting, among other acts, of livestock and poultry.
This bill would require the secretary to appoint, and to consult with, a poultry health advisory committee, as described, for purposes of advising the secretary on the control and management of poultry diseases and evaluating the effectiveness of programs established pursuant to these provisions. The bill would authorize the secretary to adopt regulations to control or eradicate poultry diseases by requiring, among other things, permits before entry of, and limitations on the importation of, poultry and other animals or materials that might act as a cause or a vector of a disease or condition that is infectious or contagious to poultry.
The bill would provide that a person who willfully and knowingly violates any regulation adopted pursuant to these provisions is guilty of a misdemeanor. The bill would authorize the secretary, at the secretary’s discretion, to prosecute civilly or seek civil penalties, as provided. The bill would expressly require that nothing in its provisions shall be construed to limit or restrict the State Veterinarian’s quarantine powers. By creating a new crime, the bill would impose a state-mandated local program.
(2) 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: YES   Local Program: YES  

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


SECTION 1.

 Part 2.5 (commencing with Section 10650) is added to Division 5 of the Food and Agricultural Code, to read:

PART 2.5. Poultry Health

10650.
 (a) (1) The secretary shall appoint a poultry health advisory committee that includes, but is not limited to, egg producers, broiler producers, turkey producers, game bird producers, poultry health experts from academia, and veterinarians with expertise in poultry health for purposes of advising the secretary on the control and management of poultry diseases and evaluating the effectiveness of programs established pursuant to this part. The secretary shall consult with the poultry health advisory committee before the adoption of poultry health regulations.
(2) Members of the poultry health advisory committee, or alternate members when acting as members, may be reimbursed, upon request, for necessary expenses incurred in the performance of their duties.
(b) The secretary may adopt regulations to control or eradicate poultry diseases by requiring any of the following:
(1) Permits before entry of, and limitations on the importation of, poultry and other animals or materials that might act as a cause or a vector of a disease or condition that is infectious or contagious to poultry.
(2) Limitations on the intrastate or interstate movement of poultry, in compliance with any applicable federal law.
(3) Diagnostic tests, vaccinations, treatments, or other appropriate methods, including, but not limited to, the mandated reporting by designated parties of diseases or suspected diseases.
(4) Notification of owners of poultry that have been exposed, or may have been exposed, to infectious animals or materials.
(5) Similar means that the secretary finds and determines are necessary.
(c) (1) A person who willfully and knowingly violates any regulation adopted pursuant to this part is guilty of a misdemeanor.
(2) The secretary may, at the secretary’s discretion, prosecute civilly or seek civil penalties, pursuant to Sections 9166 and 9167.
(d) Nothing in this part shall be construed to limit or restrict the authority granted to the State Veterinarian in Section 9562.

SEC. 2.

 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.