Full Statute Name:  West's Annotated California Codes. Penal Code. Part 1. Of Crimes and Punishments. Title 14. Malicious Mischief. § 599f. Nonambulatory animals; slaughter houses, stockyards, auctions, market agencies, or dealers; transactions; processing; euthanasia; movement; violations

Share |
Primary Citation:  CA PENAL § 599f Country of Origin:  United States Last Checked:  November, 2014 Alternate Citation:  West's Ann. Cal. Penal Code § 599f Date Adopted:  1994
Summary:

 As used in this section, "nonambulatory" means unable to stand and walk without assistance.  This statute prohibits a slaughterhouse that is not inspected by the United States Department of Agriculture, stockyard, or auction shall buy, sell, or receive a nonambulatory animal.  Effective July 2008, the law also states that no slaughterhouse shall sell meat from non-ambulatory animals for human consumption. The penalty was also increased from an unspecified misdemeanor to a penalty of up to one year in jail or a fine of up to $20,000 or both.

Statute Text: 

Preempted by National Meat Ass'n v. Harris , 132 S.Ct. 965, 965+, 181 L.Ed.2d 950, 950+, 80 USLW 4139, 4139+, 12 Cal. Daily Op. Serv. 883, 883+, 2012 Daily Journal D.A.R. 879, 879+, 23 Fla. L. Weekly Fed. S 115, 115+ (U.S. Jan 23, 2012) (NO. 10-224)

 

(a) No slaughterhouse, stockyard, auction, market agency, or dealer shall buy, sell, or receive a nonambulatory animal.

(b) No slaughterhouse shall process, butcher, or sell meat or products of nonambulatory animals for human consumption.

(c) No slaughterhouse shall hold a nonambulatory animal without taking immediate action to humanely euthanize the animal.

(d) No stockyard, auction, market agency, or dealer shall hold a nonambulatory animal without taking immediate action to humanely euthanize the animal or to provide immediate veterinary treatment.

(e) While in transit or on the premises of a stockyard, auction, market agency, dealer, or slaughterhouse, a nonambulatory animal may not be dragged at any time, or pushed with equipment at any time, but shall be moved with a sling or on a stoneboat or other sled-like or wheeled conveyance.

(f) No person shall sell, consign, or ship any nonambulatory animal for the purpose of delivering a nonambulatory animal to a slaughterhouse, stockyard, auction, market agency, or dealer.

(g) No person shall accept a nonambulatory animal for transport or delivery to a slaughterhouse, stockyard, auction, market agency, or dealer.

(h) A violation of this section is subject to imprisonment in a county jail for a period not to exceed one year, or by a fine of not more than twenty thousand dollars ($20,000), or by both that fine and imprisonment.

(i) As used in this section, “nonambulatory” means unable to stand and walk without assistance.

(j) As used in this section, “animal” means live cattle, swine, sheep, or goats.

(k) As used in this section, “humanely euthanize” means to kill by a mechanical, chemical, or electrical method that rapidly and effectively renders the animal insensitive to pain.

CREDIT(S)

(Added by Stats.1994, c. 600 (S.B.692), § 1. Amended by Stats.2008, c. 194 (A.B.2098), § 1; Stats.2009, c. 140 (A.B.1164), § 141.)


 

Share |