Bill Text


Bill PDF |Add To My Favorites | print page

AB-2764 Animals: commercial animal feeding operations: prohibition on new operations.(2021-2022)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 03/28/2022 02:00 PM
AB2764:v98#DOCUMENT

Amended  IN  Assembly  March 28, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 2764

Introduced by Assembly Members Nazarian and Lee

February 18, 2022

An act to add Chapter 4 (commencing with Section 16600) to Part 1 of Division 9 of the Food and Agricultural Code, relating to animals.


LEGISLATIVE COUNSEL'S DIGEST


AB 2764, as amended, Nazarian. Animals: commercial animal feeding operations and slaughterhouses: operations: prohibition on new operations.
Existing law establishes the Department of Food and Agriculture, which is under the control of the Secretary of Food and Agriculture. Existing law generally regulates, among other things, beef cattle feedlots, poultry plants, and slaughterhouses, and requires operators of those businesses to be licensed. Under existing law, a violation of certain of those provisions is a crime.
This bill would prohibit commercial animal feeding operations and slaughterhouses, operations, as defined, from commencing or expanding operations, except as specified. The bill would make any person that violates this prohibition civilly liable for a penalty in an amount not to exceed a sum of $10,000 per violation per day, but specify that a violation of this prohibition is not a crime.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Chapter 4 (commencing with Section 16600) is added to Part 1 of Division 9 of the Food and Agricultural Code, to read:
CHAPTER  4. Moratorium on Commercial Animal Feeding Operations and Slaughterhouses

16600.
 For purpose of this chapter, the following definitions apply:
(a) “Animal feeding operation” means a lot or facility that meets both of the following requirements:
(1) For not less than a total of 45 days in any 12-month period, animals, including aquatic animals, are stabled or confined and fed or maintained at the lot or facility.
(2) Crops, vegetation, forage growth, or postharvest residues are not sustained in the normal growing season over a portion of the lot or facility.
(b) “Commercial animal feeding operation” means an animal feeding operation that sells for commercial gain an animal food product, including meat, dairy, eggs, organs, or other byproducts, that the animal feeding operation produces and that has annual revenues of one hundred thousand dollars ($100,000) or more.

(c)“Slaughterhouse” means a facility where the slaughtering of meat from animals, including chickens, turkeys, pigs, cattle, ducks, sheep, and other livestock, takes place and that has annual revenues of one hundred thousand dollars ($100,000) or more.

16601.
 (a) Notwithstanding any other law and beginning January 1, 2023, a commercial animal feeding operation or slaughterhouse shall not commence or expand operations.
(b) This section does not prohibit a person from completing construction, including expansion, of a commercial animal feeding operation or slaughterhouse if the person had begun the construction, or expansion, before January 1, 2023.

16602.
 (a) Any person that violates this chapter is civilly liable for a penalty in an amount not to exceed a sum of ten thousand dollars ($10,000) per violation per day.
(b) (1) If, after examination of a complaint by the secretary or a member of the public and of the evidence, the Attorney General believes a violation of this chapter has occurred, the Attorney General shall bring an action for civil penalties or an injunction in the name of the people of this state in a court of competent jurisdiction against any person violating this chapter.
(2) If, acting upon the Attorney General’s own initiative, the Attorney General believes a violation of this chapter has occurred, the Attorney General may bring an action for civil penalties or an injunction in the name of the people of this state in a court of competent jurisdiction against any person violating this chapter.
(3) An action for an injunction brought pursuant to this subdivision shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except the secretary shall not be required to allege facts necessary to show, or tending to show, lack of adequate remedy at law or to show, or tending to show, irreparable damage or loss.

16603.
 Section 16421 does not apply to a violation of this chapter.