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California

West's Annotated California Codes. Health and Safety Code. Division 20. Miscellaneous Health and Safety Provisions. Chapter 13.4. Force Fed Birds

Statute Details
Printable Version
Citation: CA HLTH & S 25980 - 25984.1

Citation: West's Ann. Cal. Health & Safety Code 25980 - 25984.1


Last Checked by Web Center Staff: 11/2012

Summary:   This chapter concerns force fed birds (usually ducks or geese), employed in the process of making foie gras. Beginning July 1, 2012, California outlaws the sale of any product in the state that is the result of force feeding a bird for the purpose of enlarging the bird's liver beyond normal size. A peace or humane society officer may issue a citation for a civil penalty up to $1,000 for each violation, and up to $1,000 for each day the violation continues. While the act was signed into the law in 2004, the following language stated: "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."


Statute in Full:

§ 25980. Definitions

§ 25981 . Repealed by Stats.1995, c. 415 (S.B.1360), § 164

§ 25982. Products resulting from force-feeding of birds to enlarge the liver; prohibition on sale in California

§ 25983. Enforcement; civil penalty; prosecution

§ 25984. Operative effect; legislative intent

§§ 25984.1 to 25987. Repealed by Stats.1995, c. 415 (S.B.1360), § 164

 

 


§ 25980. Definitions

 <Section operative July 1, 2012.>

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.

CREDIT(S)

(Added by Stats.2004, c. 904 (S.B.1520), § 1, operative July 1, 2012.)

OPERATIVE EFFECT

<For operative effect of this section, see Health and Safety Code § 25984.>

HISTORICAL AND STATUTORY NOTES

The Senate Daily Journal for the 2003-2004 Regular Session, page 5541, contained the following letter dated August 27, 2004, from Senator John L. Burton, regarding the intent of Stats.2004, c. 904 (S.B.1520):

“Greg Schmidt

“Secretary of the Senate

“Dear Greg,

“This letter is to clarify the intent of my SB 1520.

“SB 1520 will ban, beginning July 1, 2012, the force feeding of birds for the purpose of enlarging their livers.

“In addition, SB 1520 will provide limited term immunity to any business that currently employs force feeding in the production of its agricultural products. The immunity provision of SB 1520 only applies to acts of force feeding and is intended to prohibit any pending or future criminal or civil cause of action, including an action under Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code, from being brought. The immunity does not cover acts prohibited by SB 1520 that occur after July 1, 2012.

“Peace and friendship,

“JOHN L. BURTON

“Senate President pro Tempore”

Governor Schwarzenegger issued the following signing message regarding Stats.2004, c. 904 (S.B.1520):

“To the Members of the California State Senate:

“I am signing Senate Bill 1520 which prohibits a person from force feeding a bird for the purpose of enlarging its liver.

“This bill's intent is to ban the current foie gras production practice of forcing a tube down a bird's throat to greatly increase the consumption of grain by the bird. It does not ban the food product, foie gras. This bill provides 7 and one half years for agricultural husbandry practices to evolve and perfect a humane way for a duck to consume grain to increase the size of its liver through natural processes. If agricultural producers are successful in this endeavor, the ban on foie gras sales and production in California will not occur.

“Sincerely,

“Arnold Schwarzenegger”

 

§§ 25981 . Repealed by Stats.1995, c. 415 (S.B.1360), § 164

HISTORICAL AND STATUTORY NOTES
2010 Main Volume

The repealed section, added by Stats.1969, c. 1393, § 1, provided for notification of sentry dog assignments.
For disposition of repealed subject matter, see disposition table preceding Health and Safety Code (see Refs & Annos (References, Annotations, or Tables)).

Legislative findings relating to the nonsubstantive effect of Stats.1995, c. 415 (S.B.1360), and the legislative intent not to create any new rights, see Historical and Statutory Notes under Health and Safety Code § 100.

 

§ 25982. Products resulting from force-feeding of birds to enlarge the liver; prohibition on sale in California

<Section operative July 1, 2012.>

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.

CREDIT(S)

(Added by Stats.2004, c. 904 (S.B.1520), § 1, operative July 1, 2012.)

OPERATIVE EFFECT

<For operative effect of this section, see Health and Safety Code § 25984.>

HISTORICAL AND STATUTORY NOTES

2010 Main Volume

For letter of intent regarding Stats.2004, c. 904 (S.B.1520), see Historical and Statutory Notes under Health and Safety Code § 25980.

For Governor's signing message regarding Stats.2004, c.904 (S.B.1520), see Historical and Statutory Notes under Health and Safety Code § 25980.

 

§ 25983. Enforcement; civil penalty; prosecution

<Section operative July 1, 2012.>

(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.

CREDIT(S)

(Added by Stats.2004, c. 904 (S.B.1520), § 1, operative July 1, 2012.)

OPERATIVE EFFECT

<For operative effect of this section, see Health and Safety Code § 25984.>

HISTORICAL AND STATUTORY NOTES

2010 Main Volume

For letter of intent regarding Stats.2004, c. 904 (S.B.1520), see Historical and Statutory Notes under Health and Safety Code § 25980.

For Governor's signing message regarding Stats.2004, c.904 (S.B.1520), see Historical and Statutory Notes under Health and Safety Code § 25980.

 

§ 25984. Operative effect; legislative intent

(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.

CREDIT(S)

(Added by Stats.2004, c. 904 (S.B.1520), § 1.)

HISTORICAL AND STATUTORY NOTES

For letter of intent regarding Stats.2004, c. 904 (S.B.1520), see Historical and Statutory Notes under Health and Safety Code § 25980.

For Governor's signing message regarding Stats.2004, c.904 (S.B.1520), see Historical and Statutory Notes under Health and Safety Code § 25980.

Former Notes

Former § 25984, added by Stats.1969, c. 1393, § 1, relating to identification tags for dogs, was repealed by Stats.1995, c. 415 (S.B.1360), § 164. See Health and Safety Code § 121920.
Legislative findings relating to the nonsubstantive effect of Stats.1995, c. 415 (S.B.1360), and the legislative intent not to create any new rights, see Historical and Statutory Notes under Health and Safety Code § 100.


§§ 25984.1 to 25987. Repealed by Stats.1995, c. 415 (S.B.1360), § 164

 



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