§ 1245.1. General Provisions

All slaughter of poultry, with the exception of "Spent hens" and "Small game birds," shall be performed in accordance with approved methods of humane poultry slaughter as provided in this article. Violations of humane slaughter procedures specified in this article shall be cause for the suspension of inspection and revocation of the poultry slaughter establishment's license by the Chief of the Meat and Poultry Inspection Branch after the establishment's management has been given notice and an opportunity for a hearing.

AUTHORITY: Note: Authority cited: Section 19501.5, Food and Agricultural Code. Reference: Sections 19501 and 19501.5, Food and Agricultural Code.

HISTORY: 1. New article 15.1 (sections 1245.1-1245.16) and section filed 10-11-94; operative 11-10-94 (Register 94, No. 41).

3 CCR 1245.2 (2003)

§ 1245.2. Definitions

(a) "Poultry slaughter establishment" means any place where poultry is slaughtered, dressed, or drawn.

 (b) "Spent hens" means older chicken hens which are considered too unproductive to retain as egg layers.

 (c) "Small game birds" means pigeons, pheasants, silkies (Gallina lanigera), chukars, quail and other species of game birds of the same approximate size as those listed in this section.

(d) "Stunning" means to humanely render any domesticated fowl or rabbit insensible to pain to a level of surgical anesthesia or unconsciousness.

(e) "Non-commercial equipment" means any device that is not commercially available from poultry equipment manufacturers.

(f) "Surgical anesthesia" means the induction of an animal to a level of insensibility to pain that would allow immediate and simultaneous severance of both carotid arteries with a sharp instrument.

 (g) "PMI" Poultry Meat Inspector means a person who, after examination and demonstration, has been issued a license by the Secretary of Food and Agriculture to inspect poultry meat for wholesomeness.

AUTHORITY: Note: Authority cited: Section 19501.5, Food and Agricultural Code. Reference: Sections 19501 and 19501.5, Food and Agricultural Code.

HISTORY: 1. New section filed 10-11-94; operative 11-10-94 (Register 94, No. 41).

3 CCR 1245.3 (2003)

§ 1245.3. Handling of Poultry for Slaughter

Regardless of the humane method of slaughter employed, the handling of poultry in connection with slaughter shall meet the following criteria.

(a) Poultry shall be delivered to the stunning area in transport cages or other equipment that is of sufficient size to accommodate the size of poultry being presented for slaughter. Cages must be in good repair, free of broken wire, rough areas, holes, sharp projections, and other protrusions to avoid injury to the poultry.

(b) If improper or injurious conditions exist at delivery to the poultry slaughter establishment, the PMI or Department inspector shall immediately halt slaughter activity until the discrepancy is corrected. A "California Rejected Tag" shall be attached to each cage identified with improper or injurious conditions by the PMI or Department inspector. The unacceptable conditions shall be corrected immediately by poultry slaughter establishment or its designated representative. The "California Rejected Tag" shall be removed by the PMI or Department inspector after corrective actions have been taken.

(c) Poultry delivered for slaughter shall be held in a location with adequate ventilation to prevent overheating and shall have protection from exposure to adverse weather conditions.

(d) Poultry shall be stunned, rendered unconscious, or killed before bleeding. Stunned poultry shall remain in a state of surgical anesthesia through completion of the bleeding process.

(e) Bleeding shall be accomplished by severing both carotid arteries or by decapitation. Sufficient bleeding time (approximately 2 to 3 minutes) shall be allowed to prevent the unacceptable condition known as "red skins" which may occur with insufficient bleeding.

(f) PMIs shall be trained in humane methods of handling poultry.

(g) Slaughter and handling of poultry shall be performed by operators in a proper and humane manner.

(h) Each poultry slaughter establishment shall ensure that poultry handlers, slaughterers, and operators have been instructed in the humane methods of handling poultry and operating stunning and slaughter equipment before being assigned to such duties.

 (i) Non-commercial stunning or anesthetizing equipment shall not be used.

AUTHORITY: Note: Authority cited: Section 19501.5, Food and Agricultural Code. Reference: Sectionss 19501 and 19501.5, Food and Agricultural Code.

HISTORY: 1. New section filed 10-11-94; operative 11-10-94 (Register 94, No. 41).

3 CCR 1245.4 (2003)

§ 1245.4. Method of Humane Slaughter of Poultry

(a) The Department has determined that the following methods are acceptable and practical humane methods for use in the stunning and slaughter of poultry.

(1) Carbon dioxide and argon gas-induced anoxia.

(2) Electrical stunning.

(3) Electrocution to cardiac arrest.

(4) Captive bolt (ostrich and rabbit only).

(5) Cervical dislocation.

(6) Carotid artery severance.

(7) Decapitation.

(8) Other methods as approved by the Department.

(b) Any of the above methods may be used in combination to effect the most humane slaughter of poultry.

 (c) Each poultry slaughter establishment shall be responsible for the selection of sale equipment and the safe use of such equipment.

(d) Establishments selecting the carbon dioxide and argon gas electrical stunning, or electrocution method shall install all equipment in accordance with the manufacturer's specifications, or under the supervision of a licensed engineer. Such installations shall comply with all applicable building and safety codes as specified by local and state government.

AUTHORITY: Note: Authority cited: Section 19501.5, Food and Agricultural Code. Reference: Sections 19501 and 19501.5, Food and Agricultural Code.

HISTORY: 1. New section filed 10-11-94; operative 11-10-94 (Register 94, No. 41).

3 CCR 1245.5 (2003)

§ 1245.5. General Requirements for Gas Chambers and Auxiliary Equipment; Operator; Facilities and Procedures

 (a) The stunning area shall be adequately ventilated and the employee exposure monitored in accordance with Title 8, section 5155 of the California Code of Regulations. Carbon dioxide and argon gas is heavier than air, and therefore may accumulate in the stunning area.

(b) A record of the calibration and maintenance of all measuring instruments shall be available for inspection by the Department inspector or PMI. All maintenance shall be performed by qualified personnel.

(c) The carbon dioxide and argon gas shall be administered in a chamber which accomplishes effective exposure of poultry. Chamber operations shall be in accordance with manufacturer's specifications and instructions.

 (d) Chambers and all auxiliary equipment shall be designed to properly accommodate the species of poultry being stunned or killed.

(e) A uniform carbon dioxide and argon gas concentration and distribution shall be maintained within the chamber to produce effective stunning. The system shall provide for mechanical agitation so that a concentration of carbon dioxide and argon gas is sufficient to accomplish effective stunning and is uniform throughout the chamber. The poultry slaughter establishment shall sample the concentration of gas for analysis from a representative place or places within the chamber on a continuing basis.

(f) Neither carbon dioxide and argon gas nor atmospheric air used in the chambers shall contain irritating gases.

AUTHORITY: Note: Authority cited: Section 19501.5, Food and Agricultural Code. Reference: Sections 19501 and 19501.5, Food and Agricultural Code.

HISTORY: 1. New section filed 10-11-94; operative 11-10-94 (Register 94, No. 41).

3 CCR 1245.6 (2003)

§ 1245.6. Administration of Carbon Dioxide and Argon Gas; Required Effect; Handling

Where the carbon dioxide and argon gas mixture is used for the humane slaughter of poultry, it shall be subject to the following requirements.

 (a) The poultry shall be delivered to the chamber in the transport cages or other equipment to prevent excessive handling and stress. The delivery of poultry to the chamber shall be done with a minimum of excitement and discomfort to the poultry. Delivery of calm poultry to the chamber is essential to effective and humane slaughter.

 (b) The carbon dioxide and argon gas mixture shall be administered in a chamber meeting the requirements of this section and section 1245.4. The poultry shall be exposed to a carbon dioxide and argon gas ratio sufficient to accomplish effective surgical anesthesia, unconsciousness or death quickly and calmly, with a minimum of excitement and discomfort to the poultry. The exposure shall produce, at a minimum, surgical anesthesia in the poultry before severing both of the carotid arteries in the neck or decapitating the poultry. To ensure adequate bleeding in each bird, bleeding shall be done immediately after stunning or killing.

 AUTHORITY: Note: Authority cited: Section 19501.5, Food and Agricultural Code. Reference: Sections 19501 and 19501.5, Food and Agricultural Code.

HISTORY: 1. New section filed 10-11-94; operative 11-10-94 (Register 94, No. 41).

3 CCR 1245.7 (2003)

§ 1245.7. General Requirements for Electrical Stunning or Slaughter with Electric Current

Where electric current is used for the humane slaughter of poultry, it shall be subject to the following requirements.

(a) All equipment shall be installed and used in accordance with the manufacturer's instructions and specifications.

(b) Only electric current application equipment with pathways, compartments, current applicators, and all auxiliary equipment designed to properly accommodate the species of poultry being anesthetized or slaughtered shall be used.

(c) The delivery of poultry to the place of application of electric current shall be done with a minimum of excitement and discomfort to the poultry in accordance with the provisions contained in these regulations.

(d) The application of electric current to stun or induce cardiac arrest shall be performed by operators so as to assure proper handling and humane application.

 (e) The electric current shall be administered so as to produce effective surgical anesthesia or death with a minimum of excitement and discomfort. AUTHORITY: Note: Authority cited: Section 19501.5, Food and Agricultural Code. Reference: Sections 19501 and 19501.5, Food and Agricultural Code.

 HISTORY: 1. New section filed 10-11-94; operative 11-10-94 (Register 94, No. 41).

3 CCR 1245.8

§ 1245.8. Electrical Stunning

When electric current is used to stun the poultry, sufficient electric current shall be applied to the poultry during stunning to produce a state of surgical anesthesia or unconsciousness through the completion of bleeding.

AUTHORITY: Note: Authority cited: Section 19501.5, Food and Agricultural Code. Reference: Sections 19501 and 19501.5, Food and Agricultural Code.

HISTORY: 1. New section filed 10-11-94; operative 11-10-94 (Register 94, No. 41).

3 CCR 1245.9 (2003)

§ 1245.9. Electrocution to Cardiac Arrest

Where electrocution to cardiac arrest is used for the humane slaughter of poultry, it shall be subject to the following requirements.

(a) Poultry may be stun-killed with this method.

(b) Sufficient electric current shall be administered to the poultry, depending on size and weight of the species slaughtered, to induce cardiac arrest without the poultry regaining consciousness.

(c) The proper voltage and current setting for each lot of birds may vary due to size and weight variations. Voltage may be adjusted to a higher setting to ensure that each poultry is delivered the appropriate amount of current to induce cardiac arrest.

 (d) After each poultry has been electrocuted, it shall be immediately bled by severing both carotid arteries or by decapitation to allow proper bleeding. Adequate bleeding time shall be allowed for each bird. Since electrocuted poultry does not have heart pumping action to facilitate blood loss, more time (approximately 2 to 3 minutes) should be allowed to achieve complete bleeding before being introduced to the scalding tank.

AUTHORITY: Note: Authority cited: Section 19501.5, Food and Agricultural Code. Reference: Sections 19501 and 19501.5, Food and Agricultural Code.

HISTORY: 1. New section filed 10-11-94; operative 11-10-94 (Register 94, No. 41).

3 CCR 1245.10 (2003)

§ 1245.10.  Captive Bolt 

   Captive bolt is an acceptable method of humane slaughter of rabbits, ostriches and other similar large birds.

(a) Where captive bolt is used as the humane method of slaughter, the captive bolt device shall be of the appropriate size for the chosen species.

(b) The captive bolt device must be properly placed so that the cerebral hemisphere and the brainstem are adequately disrupted by the penetrating bolt to cause immediate unconsciousness. Immediate bleeding must follow use of the captive bolt device.

AUTHORITY:
 
Note: Authority cited: Section 19501.5, Food and Agricultural Code. Reference: Sections 19501 and 19501.5, Food and Agricultural Code.

HISTORY:
 
1. New section filed 10-11-94; operative 11-10-94 (Register 94, No. 41).

3 CCR 1245.11 (2003)

§ 1245.11. Cervical Dislocation

Where dislocation of the neck is used as the humane method of slaughter, it shall be subject to the following requirements.

(a) Dislocation of the neck by separating the cervical vertebrae from the base of the skull shall be performed quickly to induce rapid unconsciousness with a minimum of excitement and discomfort to the poultry.

(b) Bleeding shall immediately follow cervical dislocation.

AUTHORITY: Note: Authority cited: Section 19501.5, Food and Agricultural Code. Reference: Sections 19501 and 19501.5, Food and Agricultural Code.

HISTORY: 1. New section filed 10-11-94; operative 11-10-94 (Register 94, No. 41).

 3 CCR 1245.12 (2003)

§ 1245.12. Carotid Artery Severance

Where carotid artery severance is used for the humane slaughter of poultry, it shall be subject to the following requirements.

 (a) Carotid artery severance may be employed by manual or automatic means.

 (b) Severing the carotid arteries shall be performed using a sharp instrument which is used to sever both carotid arteries simultaneously.

(c) Regardless of the method employed, it shall be performed quickly to induce rapid unconsciousness or death with a minimum of excitement to the poultry.

AUTHORITY: Note: Authority cited: Section 19501.5, Food and Agricultural Code. Reference: Sections 19501 and 19501.5, Food and Agricultural Code.

HISTORY: 1. New section filed 10-11-94; operative 11-10-94 (Register 94, No. 41). 

3 CCR 1245.13 (2003)

§ 1245.13. Decapitation

Where decapitation is used as the humane method of poultry slaughter, it shall be subject to the following requirements.

(a) Decapitation may be achieved by manual or automatic means.

(b) Decapitation shall be performed using a sharp instrument which achieves the complete severance of the head from the body by cutting all the major vessels of the neck and the spinal cord with a sharp instrument.

(c) Regardless of the method employed, it shall cause quick and complete severance of the carotid arteries and the spinal cord.

(d) All mechanical and automatic instruments used in this method shall be sharp and inspected frequently for sharpness. The poultry slaughter establishment shall ensure that all instruments and equipment are maintained in a satisfactory manner.

AUTHORITY: Note: Authority cited: Section 19501.5, Food and Agricultural Code. Reference: Sections 19501 and 19501.5, Food and Agricultural Code.

HISTORY: 1. New section filed 10-11-94; operative 11-10-94 (Register 94, No. 41).

3 CCR 1245.14 (2003)

§ 1245.14.  Training

   (a) Each licensed PMI shall be responsible for attending formal annual maintenance training provided by the Department, including, but not limited to, humane handling and slaughter of poultry.

(b) Failure of each PMI to attend annual maintenance training, as specified in paragraph (a) of this section, shall be grounds for nonrenewal, suspension, or revocation of the PMI's license.

(c) It is the responsibility of the establishment management and the licensed PMI to make arrangements in the work schedule to attend the annual maintenance training.

(d) Owners and managers shall be responsible for attending at least one scheduled departmental PMI training seminar or orientation on humane handling and slaughter of poultry procedures, as specified in paragraph (a) of this section.

AUTHORITY:
 
Note: Authority cited: Section 19501.5, Food and Agricultural Code. Reference: Sections 19501 and 19501.5, Food and Agricultural Code.

HISTORY:
 
1. New section filed 10-11-94; operative 11-10-94 (Register 94, No. 41).

3 CCR 1245.15 (2003)

§ 1245.15.  Tagging of Equipment, Cages, Pens or Compartments to Prevent Inhumane Slaughter or Handling in Connection With Slaughter

   (a) When a PMI or Department inspector observes an incident of inhumane slaughter or handling in connection with slaughter, they shall notify the poultry slaughter establishment management, or his or her designated representative, of the incident and request immediate corrective action. If the establishment management fails to promptly take corrective action, the inspector shall follow the procedures specified in paragraph (b), (c), or (d) of this section, as appropriate.

(b) If the cause of inhumane treatment is the result of facility deficiencies, disrepair, or equipment breakdown, the inspector shall discontinue slaughter operations until the deficiencies have been corrected. The inspector shall attach a tag rejecting the equipment (California Rejected Tag) thereto. No equipment, cage, pen or compartment so tagged shall be used until such equipment is made acceptable to the PMI or Department inspector. All poultry slaughtered prior to such tagging may be dressed, processed, or prepared under inspection. Upon correcting the deficiency, the establishment may request reinspection of the equipment for release. If corrected deficiencies are satisfactory to the inspector, slaughter operations shall be commenced. If release is denied on reinspection, the poultry slaughter establishment may appeal to the Chief, Meat and Poultry Inspection, for resolution of the matter.

(c) If the cause of inhumane treatment is the result of establishment employee actions in the handling or moving of poultry, the PMI or Department inspector shall attach a "California Rejected Tag" to the cage or cages in the stunning or killing area. After tagging, no more poultry shall be stunned or killed until the problem has been corrected. Establishment management shall be informed immediately by the PMI or Department inspector. The tag shall not be removed by anyone other than a PMI or Department inspector. All corrective actions shall be immediate. All poultry slaughtered prior to the tagging may be dressed, processed, or prepared under inspection.

(d) If the cause of inhumane treatment is the result of improper stunning, the PMI or Department inspector shall attach a "California Rejected Tag" to the stunning area. All slaughter operations shall be discontinued until the appropriate corrective actions have been taken. Upon satisfactory completion of corrective actions, the PMI or Department inspector shall commence operations. Management is responsible for ensuring that such infractions do not recur. The tag shall not be removed by anyone other than a PMI or Department inspector. All poultry slaughtered prior to such tagging may be dressed, processed, or prepared under inspection. Upon correcting the deficiency, the establishment may request reinspection of the equipment for release. If release is denied on reinspection, the poultry slaughter establishment may appeal to the Chief, Meat and Poultry Inspection, for resolution of the matter.

(e) Failure to comply with these regulations shall provide grounds for suspension, revocation of the PMI license, or suspension, or revocation of plant license and withdrawal of inspection by the Secretary of Food and Agriculture or his representative after notice and opportunity for hearing.

AUTHORITY:
 
Note: Authority cited: Section 19501.5, Food and Agricultural Code. Reference: Sections 19501 and 19501.5, Food and Agricultural Code.

HISTORY:
 
1. New section filed 10-11-94; operative 11-10-94 (Register 94, No. 41).

3 CCR 1245.16 (2003)

§ 1245.16. Ritualistic Slaughter

 (a) Where a method of slaughter is prescribed by Kosher or other rules of the Jewish faith, Islamic and other faiths and causes the poultry to lose consciousness through anemia of the brain resulting from the simultaneous severance of both carotid arteries with a sharp instrument, it shall be considered a humane method of slaughter.

(b) Exemptions for other methods of ritualistic slaughter of poultry may be obtained upon approval by the Chief, Meat and Poultry Inspection Branch while effectuating the purpose of these regulations.

AUTHORITY: Note: Authority cited: Section 19501.5, Food and Agricultural Code. Reference: Sections 19501 and 19501.5, Food and Agricultural Code.

HISTORY: 1. New section filed 10-11-94; operative 11-10-94 (Register 94, No. 41). 2. Change without regulatory effect repealing subsection (b) and relettering subsections filed 1-8-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 2).