Full Statute Name:  West's Annotated California Codes. Penal Code. Part 1. Of Crimes and Punishments. Title 14. Malicious Mischief. § 597.3. Live animal markets

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Primary Citation:  CA PENAL § 597.3 Country of Origin:  United States Last Checked:  September, 2015 Alternate Citation:  West's Ann. Cal. Penal Code § 597.3 Date Adopted:  2000

This California statute regulates live animal markets. Operators must ensure that no animal (frogs, turtles, and birds, but not poultry) sold for the purpose of human consumption) is cut, dismembered, butchered, or de-feathered while still alive. Operators must also provide that no animals are confined in such a way that could case injury, starvation, dehydration, or suffocation. Violation may result in a warning for the first offense and an infraction for a second offense.

Statute Text: 

(a) Every person who operates a live animal market shall do all of the

(1) Provide that no animal will be dismembered, flayed, cut open, or have its skin, scales, feathers, or shell removed while the animal is still alive.

(2) Provide that no live animals will be confined, held, or displayed in a manner that results, or is likely to result, in injury, starvation, dehydration,or suffocation.

(b) As used in this section:

(1) "Animal" means frogs, turtles, and birds sold for the purpose of human consumption, with the exception of poultry.

(2) "Live animal market" means a retail food market where, in the regular course of business, animals are stored alive and sold to consumers for the purpose of human consumption.

(c) Any person who fails to comply with any requirement of subdivision (a)shall for the first violation, be given a written warning in a written language that is understood by the person receiving the warning. A second or subsequent violation of subdivision (a) shall be an infraction, punishable by a fine of not  less than two hundred fifty dollars ($ 250), nor more than one thousand dollars ($ 1,000). However, a fine paid for a second violation of subdivision (a) shall  be deferred for six months if a course is available that is administered by a state or local agency on state law and local ordinances relating to live animal  markets.  If the defendant successfully completes that course within six months  of entry of judgment, the fine shall be waived.  The state or local agency may  charge the participant a fee to take the course, not to exceed one hundred  dollars ($ 100).


(Formerly § 597.2, added by Stats.2000, c. 1061 (A.B.2479). § 1. Renumbered § 597.3 and amended by Stats.2001, c. 854 (S.B.205), § 33.)


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