The Department of Food and Agriculture, Animal Health and Food Safety Services, hereby 
adopts Chapter 10 of Division 2 of Title 3 of the California Code of Regulations, as follows:  
Chapter 10. Animal Confinement.  
 
Article 1. Egg- laying Hens.  
 
Section 1320. Definitions.  
 Unless the context otherwise requires, the following definitions apply to this Article and 
words in the singular form shall be deemed to impart the plural and vice versa, as the case may 
demand:  
(a) “Act”  means  the Farm Animal Cruelty  statute , as amended ( Chapter 13.8 
(commencing with section 25990)  of Division 20 of the Health and Safety Code).  
(b) “Audit trail”  means r ecords that are in sufficient detail to document the identification, 
source, supplier, transfer of ownership, transportation, storage, segregation, handling, 
packaging, distribution,  and sale of shell eggs or liquid eggs that were derived from an egg-
laying hen confined in compliance with sections 25991 and 25992 of the Health and Safety 
Code and this Article, and from egg producers that hold a valid certification as a certified 
operation issued pursuant to Article 5 of this Chapter . 
(c) “Certified operation” means as defined in section 1326(e) of this Chapter.  
(d) “Certifying agent” means as defined in section 1326(f) of this Chapter.  
(e) “Commercial sale” for purposes of section 25991(o) of the Health and Safety Code 
and this Article means to sell, exchange, barter, trade,  transfer title or  possession, or distri bute, 
conditional or otherwise,  in California commerce including, but not limited to, transactions by a 
retailer with a consumer and electronic transactions made using the internet. It shall not include 
any of the following transactions or transfers of pos session , which apply only to a specific 
transaction listed below, not to the covered product itself, and therefore does not apply to all 
subsequent commercial sales of shell eggs or liquid eggs :  
(1) Shell eggs or liquid eggs produced outside of the state that enter and exit California, 
without additional processing or repackaging, exclusively for purposes of transshipment or 
export outside of the state ; 
(2) Any sale of shell eggs or liquid eggs undertaken on the premises of an official plant 
at which mandatory inspection is provided under the federal Egg Products Inspection Act (21 
U.S.C. Sec. 1031 et seq.)  and that holds an establishment number  (prefix “G”) granted by the Animal Confinement Adopt  Text  Page 2 
 Food Safety Inspection Service of the United States Depa rtment of Agriculture ; or that is made 
directly to federal agencies or that takes place on federal lands located within the state; or  
(3) Any sale of shell eggs or liquid eggs which takes place on tribal lands located within 
the state; or  
(4) Donations to nonprofit organizations that have a tax exemption under section 
501(c)(3) of the Internal Revenue Code ( 26 U.S.C. ).    
(f) “Consumer” means any person who purchases shell eggs or liquid eggs, as defined in 
sections 25991(l) and (p) of the Health and Safety Code and this Article, for the sole purpose of 
their own personal  use or consumption, or that purchases or consumes shell eggs or liquid eggs 
at a restaurant, food facility , or other similar business that serves c ooked eggs to customers or 
patrons.  
 (g) “Container” means any box, case, basket, tote, can, carton, sack, pouch, bag, 
package, wrapper, receptacle,  or any other device which is used to facilitate the handling, 
distribution, transportation,  or commercial s ale of shell eggs or liquid eggs.  
(h) “Cottage food operation” means an establishment as defined in section 113758 of the 
Health and Safety Code.  
(i) “Department” means the California Department of Food and Agriculture.  
(j) “Document of title” means a document which in the regular course of business or 
financing is treated as adequately evidencing that the person in possession of it is entitled to 
receive, hold, and dispose of the document and the shell eggs or liquid eggs it covers.  
Examples of such document s include, but are not limited to,  bill of lading, dock warrant, dock 
receipt, warehouse receipt, or an order for the delivery of shell eggs or liquid eggs.  
(k) “Egg distributor ” means a person or facility engaged in the business of commercial 
sales  or distribution of shell eggs or liquid eggs (as an egg producer or otherwise) to an end-
user in California.  This definition shall not apply to a person or facility that only receives shell 
eggs or liquid eggs as an end- user.   
 (l) “Egg -laying hen” means any female domesticated chicken, turkey, duck, goose, or 
guineafowl kept for the purpose of egg production.  For purposes of this subsection and this 
Article, a n egg-laying hen kept for egg production means a sexually mature female confined for 
the purpose of laying eggs  which are  intended for use as human food  as shell eggs or liquid 
eggs .  
(m) “Egg producer” means a person engaged in the business of producing eggs from 
domesticated chickens, turkeys, ducks, geese,  or guineafowl  that will be used as shell eggs or 
liquid eggs as defined in this article for human food.  This definition shall not apply to an official Animal Confinement Adopt  Text  Page 3 
 plant under mandatory  inspect ion under the federal Egg Products Inspection Act (21 U.S.C. 
Sec. 1031 et seq.) and that holds an establishment number ( prefix “G” ) granted by the Food 
Safety Inspection Service of the United States Department of Agriculture . 
(n) “Enclosure” means a structure used to confine a covered animal or animals.  For 
purposes of this subsection and this Article, a structure means any cage, crate, pen, or other 
construction used to confine an egg- laying hen.   
(o) “End -user” means any of the following:  
(1) A consumer ; 
(2) A retailer that is not an egg producer and only conducts commercial sales directly to 
a consumer, without any further distribution, of shell eggs or liquid eggs ; 
(3) A food processing facility or cottage food operation that receives shell eggs or liqui d 
eggs solely for use as an ingredient to manufacture a combination food product that does not 
meet the definition of a shell egg or liquid egg as defined in this Article;  or 
(4) A restaurant, food facility , or other similar business that only cooks and serves shell 
eggs or liquid eggs to customers, patrons , or guests for purposes of consumption.  
(p) “Flavoring” for purposes of section 25991(l) of the Health and Safety Code and this 
Article means  any substanc e, whether artificial or natural, the function of which is to impart 
flavor rather than nutrition, but includes milk and butter, and includes the substances listed and 
described in sections 172.510, 172.515(b), 182.10, 182.20, 182.40, and 182.50, and 
subst ances with a use described as a flavoring, flavoring agent, or flavoring enhancer in Part 
184 of Title 21 of the Code of Federal Regulations  (April 2021), hereby incorporated by 
reference.  
(q) “Food facility” means a facility as defined in section 113789 of the Health and Safety 
Code.  
(r) “Food processing facility” means a facility as defined in section 109947 of the Health 
and Safety Code.  
 (s) “In its shell form” for purposes of section 25991(p) of the Health and Safety Code and 
this Article means  an egg as developed, proportioned and shaped in the shell by an egg -laying 
hen, whether it is in the shell, raw, pasteurized in the shell, treated in the shell, hardboiled,  or 
otherwise cooked in whole form, peeled, co- packaged with other foods, or subsequently sold 
sliced, chopped,  or otherwise cut.  
 (t)  “Liquid eggs” means the product defined in section 25991(l) of the Health and Safety 
Code intended for use as human food , whether it is raw or pasteurized, co -packaged with other Animal Confinement Adopt  Text  Page 4 
 foods, or sold frozen, dried, freeze -dried, or as a cooked patty, puck, or other cooked form, and 
shall include all of the following:  
(1) Liquid eggs as described by section 160.115 of Title 21 of the Code of Federal 
Regulations  (April 2021), hereby incorporated by reference ; 
(2) Dried eggs as described by section 160.105 of Title 21 of the Code of Federal 
Regulations  (April 2021), hereby incorporated by reference ; 
(3) Frozen eggs as described by section 160.110 of Title 21 of the Code of Federal 
Regulations  (April 2021), hereby incorporated by reference ; 
(4) Egg whites as described by section 160.140 of Title 21 of the Code of Federal 
Regulations  (April 2021), hereby incorporated by reference ; 
(5) Dried egg whites as described by section 160.145 of Title 21 of the Code of Federal 
Regulations  (April 2021), hereby incorporated by reference ; 
(6) Frozen egg whites as described by section 160.150 of Title 21 of the Code of Federal 
Regulations  (April 2021), hereby incorporated by reference ; 
(7) Egg yolks as described by section 160.180 of Title 21 of the Code of Federal 
Regulations  (April 2021), hereby incorporated by reference ; 
(8) Dried egg yolks as described by section 160.185 of Title 21 of the Code of Federal 
Regulations  (April 2021), hereby incorporated by reference ; 
(9) Frozen egg yolks as described by section 160.190 of Title 21 of the Code of Federal 
Regulations  (April 20 21), hereby incorporated by reference ; 
(10) Any mixture, irrespective of proportions, of two or more of the products specified in 
this subsection;  
(11) Any product, or mixture of products, specified in this subsection to which has been 
added no more than s ugar, salt, water, seasoning, coloring, flavoring, preservatives, stabilizers , 
or other similar food additives ; and   
(12) Any product represented to the customer as, or bearing the statement of identity of, 
liquid eggs , or any of the products specified in this subsection on the product label according to 
section 101.3 of Title 21 of the Code of Federal Regulations  (April 2021), hereby incorporated 
by reference . 
(u) “Pasteurized” means a pasteurization process applied to eggs in the shell or liquid 
eggs by any method approved by the United States Food and Drug Administration, United 
States Department of Agriculture, the Department of Public Health, or the Department.  
(v) “Person” means any individual, firm, partnership, joint venture, association, limited 
liability company, corporation, estate, trust, receiver, or syndicate.  Animal Confinement Adopt  Text  Page 5 
 (w) “Records” means any information in written, visual, or electronic form that documents 
the activities undertaken by a producer, distributor, or certifying agent to comply with the Act 
and this Chapter.  
(x) “Retailer” means a facility  location that conducts commercial sales of shell eggs or 
liquid eggs to a consumer.    
(y) “Seasoning” for purposes of section 25991(l) of the Health and Safety Code and this 
Article is synonymous with the term “spice” and means any aromatic vegetable substance in the 
whole, broken, diced , or ground form , whose primary function in food is seasoning rather than 
nutritional and from which no portion of any volatile oil or other flavoring principle has been 
removed. Spices include onions, garlic, peppers, and the spices listed in section 182.10, and 
Part 184 of Title 21 of the Code of Federal Regulations  (April 202 1), hereby incorporated by 
reference.  
 (z) “Shell egg” means a whole egg of an egg -laying hen in its shell form, intended for use 
as human food.  
 (aa) “Takes physical possession”  for the purposes of section 25991(o) of the Health and 
Safety Code and this Article means when the shell eggs or liquid eggs are delivered to the 
buyer in California, regardless of whether the title transfer takes place outside of the state, 
whether the seller and  buyer have provided otherwise by a contract, or whether an agent of the 
buyer accepts the shell eggs or liquid eggs outside of the state for transportation into California.  
 (bb) “Usable floorspace” means the total square footage of floorspace provided to each 
egg-laying hen, as calculated by dividing the total square footage of floorspace provided to egg-
laying hens in an individual enclosure by the number of egg- laying hens in that individual 
enclosure.  This floorspace shall include both ground- space and elevated level flat platforms 
upon which hens can roost but shall not include perches or ramps.  
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990, 
25991, 109947, 113758, and 113789, Health and Safety Code.  
 
Section 1320.1.   Egg-laying Hen Confinement.  
(a) No person shall knowingly engage in a commercial sale within the state of  shell eggs 
or liquid eggs for human food if it is the product of an egg -laying hen that was confined in an 
enclosure that fails to comply wi th all of the following standards:  
(1) The enclosure shall allow the egg- laying hen to lie down, stand up, fully extend limbs, 
and turn around freely.  Animal Confinement Adopt  Text  Page 6 
 (2) An enclosure shall be a cage -free housing system that complies with all of the 
following:  
(A) The enclosure shall be an indoor or outdoor controlled environment within which 
hens are free to roam unrestricted ; 
(B) The enclosure shall provide enrichments that allow hens to exhibit natural behaviors, 
including, at a minimum, scratch areas, perches, nest boxes, and dust bathing areas ; 
(C) Employees can provide care while standing within the egg -laying hens’ usable 
floorspace ; 
(D) And t he enclosure shall provide the minimum amount of usable floorspace per hen 
required by the 2017 edition of the United Egg Producers’ Animal Husbandry Guidelines for 
U.S. Egg -laying Flocks:  Guidelines for Cage- Free Housing, hereby inco rporated by reference, 
as follows:  
(i) Multitiered aviaries in which hens have access to multiple elevated platforms shall 
provide a minimum of one (1) square foot of usable floorspace per hen ; 
(ii) Partially slatted systems in which hens have access to elevated flat platforms shall 
provide a minimum of one (1) square foot of usable floorspace per hen ; 
(iii) Single -level all- litter floor systems bedded with litter in which hens have limited or no  
access to elevated flat platforms shall provide a minimum of one and one -half (1.5) square feet 
of usable floorspace per hen;  and 
(iv) Any other cage- free housing system not described in this section shall provide a 
minimum of one (1) square foot of usabl e floorspace per hen in systems that provide hens with 
access to vertical space and shall provide a minimum of one and one -half (1.5) square feet of 
usable floorspace per hen in systems that do not provide hens access to vertical space.  
(3) Exceptions to the requirements of this section are specified in section 25992 of the 
Health and Safety Code and Article 4 of this Chapter.  
(b) Commencing January 1, 2024 , any person engaged in business in the  state as an 
egg producer, or any out -of-state egg producer that is keeping, maintaining, confining,  and 
housing an egg- laying hen for the purposes of egg production for human food as shell eggs or 
liquid eggs for commercial sale  in California, shall hold a valid certification issued pursuant to 
Article 5 of this Chapter as a certified operation.  
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990,  
25991, and 25992, Health and Safety Code.  
 
Section 1320.2.  Egg Distributor Registration.  Animal Confinement Adopt  Text  Page 7 
  (a) Commencing January 1, 2023, any in-state or out -of-state  person engaged in a  
commercial sale  into or within  the state as an egg distributor , shall hold a valid registr ation  with 
the Department pursuant to this Article.  
(b) Any person register ing pursuant to (a) of this section shall submit an application for 
registration provided by the Department that contains  the following information:  
(1)  Business name, physical address  of distribution operation, mailing address, phone 
number, email address, website address, federal tax identification number , and name , phone 
number and email  of person authorized to act on the applicant’s behalf . 
(2) Description of the type(s) of shell eggs or liquid eggs  distributed in the state.  
 (c) The registration shall not be transferable to any person and shall be applicable only 
to the location for which originally issued.  
 (d) A registration is required for each facility location from which shell eggs or liquid eggs 
are sold, distributed,  or otherwise supplied to the location of an end- user.  
 (e) An egg distributor  shall not engage in the commercial sale of shell eggs or liquid 
eggs within, or into, California unless such person has obtained and holds a valid registration 
from the Department pursuant to this section for each facility location.  
 (f) Any change in ownership, change of business name, change in business location,  
closure of business, or  change of name, address, phone number or email of person authorized 
to act on behalf of the registered distributor  must be reported to the Department within 30 
calendar  days of such change.  
 (g) All information set forth on applications for registrations and renewals for 
registrations, including but not limited to any documentation of certification required by ( l) of this 
section, shall be truthful and not misleading.  
 (h) Initial or renewal of a registration will be issued after the Department reviews the 
application and accompanying certificate of compliance, described in (l) of this section, to 
ensure information is complete and accurate.  
 (i) Every registration expires 12 months from the date of issue.  
 (j) A registration may be renewed each 12- month period by the Department in response 
to an application for renewal by an egg distributor  if the business of the facility applying for 
renewal w as conducted in accordance with the requirements of this Article and sections 25990 
and 25991 of the Health and Safety Code during the preceding registration period for which the 
renewal is requested.  Animal Confinement Adopt  Text  Page 8 
  (k) A registration will remain in effect pending revi ew and approval by the Department of 
an application for registration renewal, provided the application for renewal is received prior to 
expiration of current registration.  
(l) An application to the Department by an egg distributor  for initial registration,  or for 
purposes of renewal, shall be accompanied by documentation of valid certification pursuant to 
Article 5 of this Chapter for each location where registration is being sought.  A registration shall 
not be issued for any facility location for which a valid certification required by this section has 
not been submitted to the Department.  
(m) For purposes of the valid certification required in ( l) of this section, a self -certification 
by an egg distributor  that they  compl y with all applicable requirements of sections 1320.4 and 
1320.5 of this Article, and distributes shell eggs or liquid eggs within or into California only from 
egg producers that comply with section 1320.1 of this Article, will be accepted by the 
Department  prior to January 1, 2024 . 
(n) An official plant under mandatory  inspect ion under the federal Egg Products 
Inspection Act (21 U.S.C. Sec. 1031 et seq.)  and that holds an establishment number with prefix 
of “G” granted by the Food Safety Inspection Service of the United States Department of 
Agriculture is excluded from mandatory registration pursuant to this section . 
Note : Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990 and 
25991, Health and Safety Code.  
 
Section 1320.3.   Inspection and Audit of Registered Egg Distributor  Facilities.  
 (a) Every person registered pursuant to section 1320.2 of this Article shall comply with 
this section.  
 (b) Every egg distributor  by submitting an application for registration of a facility agrees 
as a condition of registration to provide the Department, and/or certifying agent, entrance and 
access to the premises and business records of the facility for purposes of inspection and audit 
as described in Article 5 of this Chapter.  
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990 and  
25991, Health and Safety Code.  
 
Section 1320.4.  Shell Egg and Liquid Egg Shipping Document Requirements.  
(a) Shippi ng Documents . 
 (1) All documents of title  and shipping manifests for shipments of shell eggs or  liquid 
eggs entering the state or transported within the state for commercial sale in California shall Animal Confinement Adopt  Text  Page 9 
 include the statement  “Egg CA Prop 12 Compliant” .  The statement shall be legible and plainly 
printed or stamped.  
(2) For shipments of shell eggs or liquid eggs that were not produced in compliance with 
section 25991 of the Health and Safety Code and  this Article, and enter California exclusively 
for purposes of transshipment , export , donation, or sale to federal agencies or on tribal lands  
and are not destined for commercial sale in California, all documents of title and shipping 
manifests shall, upon entrance into the state and during transportation and storage within the 
state, be marked with the statement “For Export”, “For Transshipment ”, or “Not Prop 12 
Compliant” .  The statement shall be legible and plainly printed or stamped.  
(3) For shipments of shell eggs or liquid eggs not produced in compliance with section 
25991 of the Health and Safety Code and  this Article  that originate from an  official plant , 
whether located inside or outside of the state, under mandatory inspection and that holds  an 
establishment number with prefix “G” granted by the Food Safety Inspection Service of United 
States Department of Agriculture under the federal Egg Products Inspection Act (21 U.S.C. Sec. 
1031 et seq.) and being transported to another official plant in California under mandatory 
inspection and that holds  an establishment number with prefix “G” granted by the Food Safety 
Inspection Service of United States Department of Agriculture under the federal Egg Products 
Inspection Act  (21 U.S.C. Sec. 1031 et seq.) , solely for purposes of using the shell eggs or 
liquid eggs for making food products not covered by the Act or this Article,  all documents of title, 
shipping invoices, bills of lading, and shipping manifests shall, upon entrance into the state and 
during transportation within the state, be clearly marked with the statement “ Only for use at ” 
immediately followed by the complete establishment number, including the prefix “ G”, granted 
by the Food Safety Inspection Service of the United States Department of Agriculture for the 
specific facility  where the shipment is destined for delivery.  
(b) No person shall label, identify, mark, advertise, or otherwise represent, shell eggs or 
liquid eggs for purposes of commercial sale in California using the statement s in (a) of this 
section, or as meeting the requirements of the Act  or otherwise meeting California cage size or 
enclosure space requirements for egg -laying hens, unless the shell eggs or liquid eggs were 
produced in compliance with section 25991 of the Health and Safety Code and this Article.  
(c) No person shall label, i dentify, mark, advertise, or otherwise represent shell eggs or 
liquid eggs for purposes of commercial sale in the state using the term “cage free” or other 
similar descriptive term unless the shell eggs or liquid eggs were produced in compliance with 
section 1320.1 of this Article.  Animal Confinement Adopt  Text  Page 10 
 Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990 and 
25991, Health and Safety Code.  
 
Section 1320.5.  Egg Distributor  Recordkeeping.  
(a) An egg distributor , as a condition of registration pursuant to section 1320.2 of this 
Article , shall maintain records that comply with all the requirements of this section.  
(b) Records shall be sufficient for purposes of an audit trail as defined in section 1320( b) 
of this Article and the appl icable recordkeeping requirements described in section 1326.2 of this 
Chapter.  
(c) Records shall document in a traceable manner that shell eggs or  liquid eggs being 
distributed for commercial sale into or within California originate from egg producers that  are in 
compliance with all requirements of section 1320.1 of this Article.  
(d) Records shall document the address of the location where the distributor , as the 
buyer,  takes physical possession of shell eggs or  liquid  eggs  for each sales transaction.  
(e) Records shall be maintained for two (2) years from the date of creation and be made 
accessible for inspection and audit by the Department and/or certifying agent as required by 
section 1320.3 of this Article .  
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990 and 
25991, Health and Safety Code.  
 
Section 1320.6.  Inspection of Conveyances.  
(a) Every egg distributor  by submitting an application for registration agrees as a 
condition of registration to provide the Department or a certifying agent, access to inspect in 
California any vehicle or other conveyance under the registrant’s operation or control that is 
transporting shell eggs or liquid eggs into or within the state.  
(b) Every person shall stop at the request of the Department  at any California Border 
Protection Station for purposes of inspection  of cargo and any accompanying shipping 
documents, manifests, and bills of lading, any vehicle or other conveyance transporting into or  
within the state shell eggs or liquid eggs.  
(c) The Department may deny entry to or order diversion from the state any vehicle or 
other conveyance transporting shell eggs or liquid eggs for commercial sale that was produced, 
packaged, identified, or shipped in violation of the requirements of sections 25990- 25992 of the 
Health and Safety Code, or the provisions of this Article, including but not limited to shipping 
document  requirements specified in section 1320.4 of this Article .    Animal Confinement Adopt  Text  Page 11 
 Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990, 
25991,  and 25992 , Health and Safety Code.  
 
Section 1320.7 .  Tagging and Seizure  of Shell Eggs or Liquid Eggs . 
(a) The Department may affix a warning tag or notice to shipping documents, manifests, 
containers, sub -containers, lots , or loads of shell eggs or liquid eggs which have been 
produced, packaged, stored, labeled, marked, identified, transported, delivered, or sold in 
violation of the requirements of sections 25990- 25992 of the Health and Safety Code, or the 
provisions of this Article.  When a warning tag or notice is issued, the Department shall give 
written notice of such violation to the egg producer, egg distributor , owner, or other person in 
possession of the shell eggs or liquid eggs.   
(b) No  person shall remove a warning tag or notice from the place it is affixed except 
upon written permission or specific direction of the Department.  
(c) The Department  may seize and hold any  containers, sub- containers, lots , or loads  of 
shell eggs or liquid eggs in California which they have reasonable suspicion to believe is in 
violation of the provisions of sections 25990 -25992 of the Health and Safety Code, or the 
provisions of this Articl e.  If the Department seizes any container, sub -container, lot , or load of 
shell eggs or liquid eggs, a written hold notice shall be issued to the person that has control of 
the shell eggs or liquid eggs, and a tag or notice may be affixed to the container , sub -container, 
lot, or load which states it is so held.  
(d) Any shell eggs or liquid eggs for which a hold notice is issued shall be held by the 
person having control of the shell eggs or liquid eggs and shall not be disturbed, moved, 
diverted,  or offer ed for sale except under the specific directions of the Department.  
(e) A person may request an informal hearing to contest tagging , hold notice, or  seizure 
of shell eggs or liquid eggs pursuant to section 1327.1 of this Chapter.  
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990,  
25991, and 25992, Health and Safety Code.  
 
Section 1320.8.  Written Certification.  
(a) For purposes of section 25993.1 of the Health and Safety Code, any written 
certification from a supplier to a buyer engaged in commercial sales of shell eggs or liquid eggs 
that were not derived from an egg- laying hen confined in a cruel manner shall be based upon an 
audit trail as defined in section 1320( b) of this Article, and shall be traceable to egg producers 
compliant with all requirements of section 1320.1 of this Article.  Animal Confinement Adopt  Text  Page 12 
 (b) A retailer or food processing facility that is an end -user and takes  physical  
possession, whether by use of a common carrier, private carrier , or other means of conveyance, 
of shell eggs or liquid eggs at, or directly from, an official plant at which mandatory inspection is 
provided under the federal Egg Products Ins pection Act (21 U.S.C. Sec. 1031 et seq.) , that 
holds an establishment number (prefix “G”) granted by the Food Safety Inspection Service of 
the United States Department of Agriculture, and  that does not hold a valid  egg distributor 
registration,  shall:  
(1) Maintain records documenting written certifications that meet the requirements of  this 
section for shell eggs or liquid eggs received during the preceding 12- month period.  
(2) Maintain records documenting the address of the location where the retailer or food 
processing facility , as the buyer, takes physical possession of shell eggs or liquid  eggs  for each 
sales transaction.  
(3) Make the records required by this section available on- site for inspection by the 
Department upon request. Elect ronic records are considered on -site if they are accessible from 
an on- site location.  
(c) Subsection  (b) of this section shall not apply to a shell egg or liquid egg end-user that 
is an official plant at which mandatory inspection is provided under the federal Egg Products 
Inspection Act (21 U.S.C. Sec. 1031 et seq.)  and that holds  an establishment number (prefix 
“G”) granted by the Food Safety Inspection Service of the United States Department of 
Agriculture.  
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990 and 
25991, Health and Safety Code.  
 
Section 1320.9.  Denial, Suspension,  or Revocation of Egg Distributor Registration.  
(a) The Department may deny, suspend , or revoke a registration issued pursuant to this 
Article for any of the following:  
(1) Violations that resulted, or reasonably could have resulted,  in the commercial sale of 
shell eggs or liquid eggs from egg -laying hens that were not confined in compliance with this 
Article ; 
(2) Demonstrated pattern of violations  with the requirements of this Article and/or 
statutes pertaining to shell eggs, liquid eggs or egg- laying hens in sections 25990- 25992 of the 
Health and Safety Code;  
(3) Refusal to grant access for, or interference with, inspections or audits as described in 
sections 1320.3 or 1320.6 of  this Article ; Animal Confinement Adopt  Text  Page 13 
 (4) Misrep resenting shell eggs or liquid eggs as being produced in compliance with this 
Article;  or  
(5) Providing false information on an application for registration.  
(b) Proposed suspension or revocation.  The Department shall send a written noti ce of 
proposed suspension or revocation of registration to the egg distributor.  The notice of proposed 
suspension or revocation shall state:  
(1) The date the proposed suspension or revocation is issued;  
(2) The reasons for the proposed suspension or revoc ation;  
(3) The effective date of the proposed suspension or revocation;  
(A) The effective date of suspension or revocation is 30 calendar days  after the date that  
the proposed suspension or revocation is issued ; 
(4) The impact of a suspension or revocation on future eligibility for registration including 
conditions for reinstatement  which will be determined by the Department based on the 
demonstrated pattern of violations described in subsections (a)(1) through (a)( 5) of this section;  
and  
(5) The right to request a formal hearing pursuant section 1327.2 of this Chapter  within 
30 calendar days of the date the proposed suspension or revocation was issued.  Registration 
shall remain in effect  pending the outcome of the formal hearing.  
(c) A person may appeal the Department's decision to deny  an application or renewal of 
a registration by requesting a formal hearing pursuant to section 1327.2 of this Chapter  within 
30 calendar days  of the date of the notice of denial .  
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990,  
25991, and 25992, Health and Safety Code.  
 
Article 2. Calves.  
 
Section 1321.  Definitions.  
 Unless the context otherwise requires, the following definitions apply to this Article and 
words in the singular form shall be deemed to impart the plural and vice versa, as the case may 
demand:  
(a) “Act” means the Farm Animal Cruelty statute , as amended (Chapter 13.8 
(commencing with  section 25990)  of Division 20 of the Health and Safety Code).  
(b) “Audit trail”  means r ecords that are in sufficient detail to document the identification, 
source, supplier, transfer of ownership, transportation, storage, segregation, handling, Animal Confinement Adopt  Text  Page 14 
 packaging, distribution,  and sale of whole veal meat that was derived from a calf confined in 
compliance with sections 25991 and 25992 of the Health and Safety Code and this Article, and 
from veal producers that hold a valid certification as a certified operation issued pursuant to 
Article 5 of this Chapter .  
(c) “Calf” means any calf of the bovine species kept for the purpose of producing the 
food product described as veal.  
(d) “Certified operation” means as defined in section 1326(e) of this C hapter.  
(e) “Certifying agent” means as defined in section 1326(f) of this Chapter.  
(f) “Commercial sale” for purposes of section 25991(o) of the Health and Safety Code 
and this Article means to sell, exchange, barter, trade, transfer title or possession,  or distribute , 
conditional or o therwise,  in California commerce including, but not limited to, transactions by a 
retailer with a consumer and electronic transactions made using the internet.   It shall not include 
any of the following transactions or transfers of possession,  which apply only to a specific 
transaction listed below, not to the covered product itself, and therefore does not apply to all 
subsequent commercial sales of whole veal meat : 
(1) Whole veal meat produced outside of the state that enters and exits California 
without additional processing or repackaging exclusively for purposes of transshipment or 
export outside of the state;  
(2) Any sale of whole veal meat undertaken on the premises of an establishment at 
which mandatory inspection is provided under the Federal Meat Inspection Act (21 U.S.C. Sec. 
601 et seq.) and that holds  an establishment number  (prefix “M” ) granted by the Food Safety 
Inspection Service of  the United States Department of Agriculture;  or that is made directly to 
federal agencies or that takes place on federal lands located within the state;   
(3) Any sale of whole veal meat which takes place on tribal lands located within the 
state; or  
(4) Donations to nonprofit organizations that have a tax exemption under section 
501(c)(3) of the Internal Revenue Code (26 U.S.C.).    
 (g) “Consumer” means any person who purchases whole veal meat, as defined in 
section 25991(v) of the Health and Safety Code and this Article, for the sole purpose of their 
own personal  use or consumption, or that purchases or consumes cooked veal meat at a 
restaurant, food facility , or other business that serves cooked or ready -to-eat veal meat to 
customers or patrons.  Animal Confinement Adopt  Text  Page 15 
 (h) “Container” means any box, case, basket, tote, can, carton, sack, pouch, bag, 
package, wrapper, receptacle,  or any other device which is used to facilitate the handling, 
distribution, transportation,  or commercial sale of whole veal meat.  
(i) “Cottage food operation” means an establishment as defined in section 113758 of the 
Health and Safety Code.  
(j) “Curing agents” for purposes of section 25991(v) of the Health and Safety Code and 
this Article means  any substance listed and described in section 424.21(c) of  Title 9 of the Code 
of Federal Regulations  (January 2021), hereby incorporated by reference.  
(k) “Cut” for purposes of section 25991(v) of the Health and Safety Code and this Article 
means any uncooked primal, wholesale, sub- primal or retail cut including, but not limited to, 
those identified and described in the United States Department of Agricult ure’s Institutional Meat 
Purchase Specifications: Fresh Veal Series 300 (November 2014 Edition) and the 2014 Uniform 
Retail Meat Identity Standards developed by the Industry -Wide Cooperative Meat Identification 
Standards Committee, hereby incorporated by r eference, but shall exclude any ground or 
otherwise comminuted meat products.     
(l) “Department”  means the California Department of Food and Agriculture.  
(m) “Document of title” means a document which in the regular course of business or 
financing is treated as adequately evidencing that the person in possession of it is entitled to 
receive, hold, and dispose of the document and the whole veal meat  it covers.  Examples of 
such document s include, but are not limited to,  bill of lading, dock warrant, dock receipt, 
warehouse receipt, or an order for the delivery of whole veal meat . 
(n) “Enclosure” means a structure used to confine a covered animal or animals.  For 
purposes of this subsection and this Article, a structure means any cage, crate, pen, or other 
construction used to confine a calf.   
(o) “End -user” means any of the following:  
(1) A consumer ; 
(2) A retailer that is not a veal producer and only conducts commercial sales directly to a 
consumer, without any further distribution, of whole veal meat ;  
(3) A food processing facility or cottage food operation that receives whole veal meat 
solely for use as an ingredient to manufacture a combination food product that does not meet 
the definition of whole veal meat as defined in this Article; or  
(4) A restaurant, food facility or other business that only cooks and serves veal meat, 
and/or serves only ready -to-eat veal meat, to customers, patrons , or guests for purposes of 
consumption.  Animal Confinement Adopt  Text  Page 16 
 (p) “Flavoring” for purposes of section 25991(v) of the Health and Safety Code and this 
Article means  any substance, whether artificial or natural, the function of which is to impart 
flavor rather than nutrition, and includes the substances listed and described in sections 
172.510, 172.515(b), 182.10, 182.20, 182.40, and 182.50, and  substances with a use described 
as a flavoring, flavoring agent, or flavoring enhancer in  Part 184 of Title 21 of the Code of 
Federal Regulations  (April 2021), hereby incorporated by reference.  
(q) “Food facility” means a facility as defined in section 113789 of the Health and Safety 
Code.  
(r) “Food processing facility” means a facility as defined in section 109947 of the Health 
and Safety Code.  
(s) “Kept for the purpose of producing” for purposes of section 25991(d) of the Health 
and Safety Code and this Article means keeping a calf of the bovine species that is, or is 
intended to be, slaughtered at more than 21 days of age or more than 150 pounds in liveweight 
for the production of food described, advertised, represented, identified,  or labeled as veal.  
(t) “Person” means any individual, firm, partnership, joint venture, association, limited 
liability company, corporation, estate, trust, receiver, or syndicate.  
(u) “Ready -to-eat (RTE)” means  in a form that is edible without additional preparation to 
achieve food safety and may receive additional preparation for palatability or aesthetic, 
gastronomic, or culinary purposes.  RTE product is not required to bear a safe- handling 
instruction (as required for non -RTE products by sections 317.2(l) and 381.125(b)) of Title 9 of 
the Code of Federal Regulations  (January 2021), hereby incorporated by reference , or other 
labeling that directs that the product must be cooked or otherwise treated for safety and can 
include frozen meat products.  
(v) “Records” means any information in written, visual, or electronic form that documents 
the activitie s undertaken by a producer, distributor, or certifying agent to comply with the Act 
and this Chapter.  
(w) “Requiring cooking” for the purposes of section 25991(r) of the Health and Safety 
Code and this Article means not ready -to-eat in the condition sold, offered for sale,  or otherwise 
distributed.   
(x) “Retailer” means a facility location that conducts commercial sales of whole veal 
meat to a consumer.  
(y) “Seasoning” for purposes of section 25991(v) of the Health and Safety Code and this 
Article is synonymous with the term “spice” and means any aromatic vegetable substance in the 
whole, broken, or ground form , whose primary function in food is seasoning rather than Animal Confinement Adopt  Text  Page 17 
 nutritional and from which no portion of any volatile oil or other flavoring principle has been 
removed.  Spices include onions, garlic, peppers, and the spices listed in section 182.10 and 
Part 184 of Title 21 of the Code of Federal Regulations  (April 2021), hereby incorporated by 
reference.  
(z) “Takes physical possession”  for the purposes of section 25991(o) of the Health and 
Safety Code and this Article means when the whole veal meat is delivered to the buyer in 
California, regardless of whether the title transfer takes place outside of the state, whether the 
seller and buyer have provided otherwise by a contract, or whether an agent of the buyer 
accepts the whole veal meat outside of the state for transportation into California . 
(aa) “Uncooked” means requiring cooking prior to human consumption.  
(bb) “Usable floorspace” shall be calculated by dividing the total square footage of 
floorspace provided to calves in an enclosure by the number of calves in the enclosure.  This 
floorspace shall also include ground -space for enclosures that are outdoor pens or pastures 
accessible  at all times by all calves confined in the enclosure.  
(cc) “Veal distributor ” means a person or facility engaged in the business of commercial 
sales  or distribution of whole veal meat (as a veal producer or otherwise) to an end -user in 
California.  This definition shall not apply to a person or facility that only receives whole veal 
meat as an end -user.  
   (dd) “Veal producer” means a person engaged in the business of keeping, confining,  
and/or housing a calf of the bovine species, to be slaughtered at more than 21 days of age or 
more than 150 pounds, for the purpose of producing the human food product described, 
advertised, represented, identified,  or labeled as veal.  This definition shall not apply to the 
following:  
(1) A person housing calves exclusively for purposes of standard dairy herd 
management practices at, or for, a dairy farm holding a valid market milk permit or 
manufacturing milk permit pursuant to sect ion 33222 of the Food and Agricultural Code or a 
valid permit issued by the government milk regulatory authority where the dairy farm is located if 
not in California ; or 
(2) An establishment at which mandatory inspection is provided under the Federal Meat 
Inspection Act (21 U.S.C. Sec. 601 et seq.) and that holds  an establishment number  (prefix “M” ) 
granted by the Food Safety Inspection Service of the United States Departm ent of Agriculture.  
(ee) “Whole veal meat” means any uncooked cut of veal, including chop, ribs, riblet, loin, 
shank, leg, roast, brisket, steak, sirloin, or cutlet, that is comprised entirely of veal meat, except 
for seasoning, curing agents, coloring, f lavoring, preservatives, and similar meat additives.  Animal Confinement Adopt  Text  Page 18 
 Whole veal meat does not include combination food products, including soups, sandwiches, 
pizzas, hotdogs, or similar processed or prepared food products, that are comprised of more 
than veal meat, seasoning, curing agents, coloring, flavoring, preservatives, and similar meat 
additives.  
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990, 25991, 
109947, 113758, and 113789, Health and Safety Code.  
 
Section 1321.1.   Calf Confinement.  
(a) No person shall knowingly engage in a commercial sale within the state of  whole veal 
meat for human food if it is the product of a calf that was confined in an enclosure that fails to 
comply with the following standards:  
(1) An enclosure shall allow the calf to lie down, stand up, fully extend limbs, and turn 
around freely.  
(2) An enclosure shall provide a mi nimum of 43 square feet of usable floorspace per calf . 
(3) Exceptions to the requirements of this section are specified in section 25992 of the 
Health and Safety Code and Article 4 of this Chapter.  
(b) Commencing January 1, 2024 , any person engaged in business in the  state as a veal 
producer, or any out -of-state veal producer that is keeping, maintaining, confining,  and/or 
housing calves for the purposes of producing whole veal meat for human food for commercial 
sale in California, shall hold a valid certification issued pursuant to Article 5 of this Chapter as a 
certified operation.  
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990,  
25991 and 25992 , Health and Safety Code.  
 
Section 1321.2.  Veal Distributor Registration.  
 (a) Commencing January 1, 2023,  any in-state or out -of-state  person engaged in a 
commercial sale in to or within  the state as a veal distributor , shall  hold a valid  registration with 
the Department pursuant to this Article.  
(b) Any person register ing pursuant to (a) of this section shall submit an application for 
registration provided by the Department that contains  the following information:  Business name, 
physical address of distribution operation, mailing address, phone number, email address, 
website address, federal tax identification number, and name, phone number and email of 
person authorized to act on the applicant’s behalf.  Animal Confinement Adopt  Text  Page 19 
  (c) The registration shall not be transferable to any person and shall be applicable only 
to the location for which originally issued.  
 (d) A registration is required for each facility location from which whole veal meat is sold, 
distrib uted, or otherwise supplied to the location of an end- user.  
 (e) A veal distributor  shall not engage in the commercial sale of whole veal meat within, 
or into, California unless such person has obtained and holds a valid registration from the 
Department pursuant to this section for each facility location.  
 (f) Any change in ownership, change of business name, change in business location, 
closure of business, or change of name, address, phone number or email of person authorized 
to act on behalf of the registered distributor  must be reported to the Department within 30 
calendar  days of such change.  
 (g) All information set forth on applications for registrations and renewals for 
registrations, including but not limited to any documentation of certification required by ( l) of this 
section, shall be truthful and not misleading.  
 (h) Initial or renewal of a registration will be issued after the Department reviews the 
application and accompanying certificate of compliance, described in (l) of this section, to 
ensure information is complete and accurate.  
 (i) Every registration expires 12 months from the date of issue.  
 (j) A registration may be renewed each 12- month period by the Department in response 
to an application for renewal by a veal distributor  if the business of the facility applying for 
renewal was conducted in accordance with the requirements of this Article and sections 25990 
and 25991 of the Health and Safety Code during the preceding registration period for which the 
renewal is reques ted. 
(k) A registration will remain in effect pending review and approval by the Department of 
an application for registration renewal, provided the application for renewal is received prior to 
expiration of current registration.  
(l) An application to the Department by a veal distributor  for initial registration, or for 
purposes of renewal, shall be accompanied by documentation of valid certification pursuant to 
Article 5 of this Chapter for each location where registration is being sought.  A registration shall 
not be issued for any facility location for which the valid certification required by this section has 
not been submitted to the Department.   
(m) For purposes of the valid certification required in ( l) of this section, a self -certification 
by a veal distributor  that they  compl y with all applicable requirements of sections 1321.4 and 
1321.5 of this Article, and distributes whole veal meat within or into California only from veal Animal Confinement Adopt  Text  Page 20 
 producers that comply with section 1321.1 of this Article, will be accepted by the Department 
prior to January 1, 2024.  
(n) An establishment at which mandatory inspection is provided under the Federal Meat 
Inspection Act (21 U.S.C. Sec. 601 et seq.) and that  holds  an establishment number (prefix “M”) 
granted by the Food Safety Inspection Service of the United States Department of Agriculture  is 
excluded from mandatory registration pursuant to  this section.  
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990 and 
25991, Health and Safety Code.  
  
Section 1321.3.  Inspection and Audit of Registered Veal Distributor Facilities.  
 (a) Every person registered pursuant to section 1321.2 of this Article shall comply with 
this section.  
 (b) Every veal distributor  by submitting an application for registration of a facility agrees 
as a condition of registration to provide the Department, and/or certifying agent, entrance and 
access to the premises and business records of the facility for purposes of inspection and audit 
as described in Article 5 of this Chapter.  
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990 and  
25991, Health and Safety Code.  
 
Section 1321.4.  Whole Veal Meat Shipping Document Requirements.  
(a) Shipping Docum ents.  
(1) All documents of title  and shipping manifests for shipments of whole veal meat 
entering the state or transported within the state for commercial sale in California shall include 
the statement “Veal CA Prop 12 Compliant” .  The statement shall be clearly legible and plainly 
printed or stamped.  
(2) For shipments of whole veal meat that were  not produced in compliance with section 
25991 of the Health and Safety Code and  this Article, and enter California exclusively for 
purposes of transshipment , export , donation, or sale to federal agencies or on tribal lands  and 
are not destined for commercial sale in California, all documents of title, shipping invoices, bills 
of lading, and shipping manifests shall, upon entrance into the state and during transportation 
and storage within the state, be marked with the statement “For Export”, “For Transshipment ”, 
or “Not Prop 12 Compliant” .  The statement shall be legible and plainly printed or stamped.  
(3) For shipments of whole veal meat not produced in compliance with section 25991 of 
the Health and Safety Code and this Article that originate from a facility, whether located inside Animal Confinement Adopt  Text  Page 21 
 or outside of the state, under mandatory inspection and that holds an establishment number 
with prefix “M” granted by the Food Safety Inspection Service of the United States Department 
of Agriculture under the Federal Meat Inspection Act (21 U.S.C. Sec. 601 et seq.) and being 
transported to another facility in California under mandatory inspection and holding an 
establishment number with prefix “M” granted by the Food Safety Inspection Service of the 
United States Department of Agriculture under the Federal Meat Inspection Act (21 U.S.C. Sec. 
601 et seq.) , solely for purposes of using the whole veal meat for making food products not 
covered by the Act or this Article, all documents of title, shipping invoices, bills of lading, and 
shipping manifests shall, upon en trance into the state and during transportation within the state, 
be clearly marked with the statement “Only for use at” immediately followed by the complete 
establishment number, including the prefix “M”, granted by the Food Safety Inspection Service 
of the United States Department of Agriculture for the specific facility  where the shipment is 
destined for delivery.  
(b) No person shall label, identify, mark, advertise, or otherwise represent, calves or 
whole  veal meat for commercial sale in California using the statements in (a) of this section, or 
as meeting the requirements of the Act  or otherwise meeting California enclosure space 
requirements, unless they were produced in compliance with section 25991 of the Health and 
Safety Code and this Article.  
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990 and  
25991, Health and Safety Code.  
 
Section 1321.5.  Veal Distributor  Recordkeeping.  
(a) A veal distributor , as a condition of registration pursuant to section 1321.2 of this 
Article , shall maintain records that comply with all the requirements of this section.  
(b) Records shall be sufficient for purposes of an audit trail as defined in section 1321( b) 
of this Article and the applicable recordkeeping requirements described in section 1326.2 of this 
Chapter.  
(c) Records shall document in a traceable manner that whole veal meat being sold into 
or within California originates from veal producers that are certified operations pursuant to 
Article 5 of this Chapter.  
(d) Reco rds shall document the address of the location where the distributor, as the 
buyer, takes physical possession of whole veal meat for each sales transaction.  Animal Confinement Adopt  Text  Page 22 
 (e) Records shall be maintained for two (2) years from the date of creation and be made 
accessible for inspection and audit by the Department and/or a certifying agent as required by 
section 1321.3 of this Article.  
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990 and 
25991, Health and Safety Code.  
 
Section 1321.6.   Inspection of Conveyances.  
(a) Every veal distributor  by submitting an application for registration agrees  as a 
condition of registration to provide the Department or a certifying agent, access to inspect in 
California any vehicle or other conveyance under the registrant’s operation or control that is 
transporting whole veal meat into or within the state.  
(b) Every person shall stop at the request of the Department  at any California Border 
Protection Station for purposes of inspection  of cargo and any accompanying shipping 
documents, manifests, and bills of lading, any vehicle or other conveyance transporting into or 
within the state  whole veal meat . 
(c) The Department may deny entry to or order diversion from the state any vehicle or 
other conveyance transporting whole veal meat intended for commercial sale that was 
produced, packaged, identified, or shipped in violation of the requirements of sections 25990-
25992 of the Health and Safety Code, or the provisions of this Article, including but not limited to 
shipping document requirements specified in section 1321.4 of this Article .    
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990, 
25991,  and 25992 , Health and Safety Code.  
 
Section 1321.7 .  Taggi ng and Seizure  of Whole Veal Meat . 
(a) The Department may affix a warning tag or notice to shipping documents, manifests, 
containers, sub -containers, lots , or loads of whole veal meat which have been produced, 
packaged, stored, labeled, marked, identified, transported, delivered, or sold in violation of the 
requirements of sections 25990- 25992 of the Health and Safety Code, or the provisions of this 
Article .  When a warning tag or notice is issued, the Department shall give written notice of such 
violation to the veal producer, veal distributor , owner, or other person in possession of the whole  
veal meat.   
(b) No  person shall remove a warning tag or notice f rom the place it is affixed except 
upon written permission or specific direction of the Department.  Animal Confinement Adopt  Text  Page 23 
 (c) The Department  may seize and hold any  containers, sub- containers, lots , or loads  of 
whole veal meat in California which t hey have  reasonable suspicion to believe is in violation of 
the provisions of sections 25990- 25992 of the Health and Safety Code, or the provisions of this 
Article.  If the Department seizes any container, sub- container, lot , or load of whole  veal meat, a 
written hold notice shall be issued to the person that has control of the whole  veal meat, and a 
tag or notice may be affixed to the container, sub -container, lot , or load which states it is so 
held.  
(d) Any whole veal meat for which a hold notice is issued shall be held by the person 
having control of the whole veal meat and shall not be disturbed, moved, diverted , or offered for 
sale except under the specific directions of the Department.  
(e) A person may request an informal hearing to contest tagging, hol d notice, or seizure 
of whole veal meat pursuant to section 1327.1 of this Chapter.  
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990,  
25991,  and 25992,  Health and Safety Code.  
 
Section 1321.8.  Written Certification.  
(a) For purposes of section 25993.1 of the Health and Safety Code, any written 
certification from a supplier to a buyer engaged in commercial sales of whole veal meat that was 
not derived from a calf confined in a cruel manner shall be based upon an audit trail as defined 
in section 1321( b) of this Article, and shall be traceable to veal producers compliant with all 
requirements of section 1321.1 of this Article.  
(b) A retailer or food processing facility that is an end- user and takes physical  
posses sion, whether by use of a common carrier, private carrier , or other means of conveyance, 
of whole veal meat at, or directly from, an establishment at which mandatory inspection is 
provided under the Federal Meat Inspection Act (21 U.S.C. Sec. 601 et seq.) , that holds  an 
establishment number (prefix “M”) granted  by the Food Safety Inspection Service of the United 
States Department of Agriculture, and  that does not hold a valid  veal distributor registration , 
shall:  
(1) Maintain records documenting written certifications that meet the requirements of this 
section for whole veal meat received during the preceding 12- month period.  
(2) Maintain records documenting the address of the location where the retailer or food 
processing facility , as the buyer, takes physical possession of whole veal meat for each sales 
transaction.  Animal Confinement Adopt  Text  Page 24 
 (3) Make the records required by this section available on- site for inspection by the 
Department upon request. Electronic reco rds are considered on -site if they are accessible from 
an on- site location.  
(c) Subsection (b) of this section  shall not apply to a whole veal meat end-user that is an 
establishment under mandatory inspect ion under the Federal Meat Inspection Act (21 U.S.C. 
Sec. 601 et seq.) and that holds  an establishment number (prefix “M”) granted  by the Food 
Safety Inspection Service of the United States  Department  of Agriculture . 
Note: Authority cited: Section 25993, Healt h and Safety Code. Reference: Sections 25990 and 
25991, Health and Safety Code.  
 
Section 1321.9.  Denial, Suspension,  or Revocation of Veal Distributor Registration.  
(a) The Department may deny, suspend , or revoke a registration issued pursuant to this 
Article for any of the following:  
(1) Violations that resulted, or reasonably could have resulted, in the commercial sale of 
whole veal meat from a calf that was not confined in compliance with this Article;  
(2) Demonstrated pattern of violations  with the requirements of this Article and/or 
statutes pertaining to whole veal meat or a calf raised for veal in sections 25990- 25992 of the 
Health and Safety Code;  
(3) Refusal to grant access for, or interference w ith, inspections or audits described in 
sections 1321.3 or 1321.6 of this Article ; 
(4) Misrepresenting whole veal meat as being produced in compliance with this Article;  
or  
(5) Providing false information on an application for registration.  
(b) Proposed suspension or revocation.  The Department shall send a written notice of 
proposed suspension or revocation of registration to the veal distributor.  The notice of proposed 
suspension or revocation shall state:  
(1) The date the proposed suspension or revocation is issued;  
(2) The reasons for the proposed suspension or revocation;  
(3) The effective date of the proposed suspension or revocation;  
(A) The effective date of suspension or revocation is 30 calendar days after the date that 
the proposed suspension or revocation is issued;  
(4) The impact of a suspension or revocation on future eligibility for registration including 
conditions for reinstatement  which will be determined by the Department based on the Animal Confinement Adopt  Text  Page 25 
 demonstrated pattern of violations described in subsections (a)(1) through (a)(5) of this section;  
and  
(5) The right to request a formal hearing pursuant section 1327.2 of this Chapter  within 
30 calendar days of the date the proposed suspension or revocation was issued.  Registr ation 
shall remain in effect  pending the outcome of the formal hearing.  
(c) A person may appeal the Department's decision to deny  an application or renewal of  
a registration by requesting a formal hearing pursuant to section 1327.2 of this Chapter  within 
30 calendar days  of the date of the notice of denial .  
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990,  
25991,  and 25992,  Health and Safety Code.  
 
Article 3.  Breeding Pigs.  
 
Section 1322.  Definitions.  
 Unless the context otherwise requires, the following definitions apply to this Article and 
words in the singular form shall be deemed to impart the plural and vice versa, as the case may 
demand:  
(a) “Act”  means the Farm Animal Cruelty statute , as amended (Chapter 13.8 
(commencing with  section 25990)  of Division 20 of the Health and Safety Code) . 
(b) “Audit trail”  means r ecords that are in sufficient detail to document the identification, 
source, supplier, transfer of ownership, transportation, storage, segregation, handling, 
packaging, distribution,  and sale of whole pork meat that was derived from a breeding pig, or 
imme diate offspring of a breeding pig,  confined in compliance with sections 25991 and 25992 of 
the Health and Safety Code and this Article, and from pork producers that hold a valid 
certification as a certified operation issued pursuant to Article 5 of this Chapter . 
(c) “Breeding pig” means any female pig of the porcine species kept for the purpose of 
commercial breeding who is six (6) months of age or older, or pregnant.  
(d) “Certif ied operation” means as defined in section 1326(e) of this Chapter.  
(e) “Certifying agent” means as defined in section 1326(f) of this Chapter.  
(f) “Commercial sale” for purposes of section 25991(o) of the Health and Safety Code 
and this Article means to s ell, exchange, barter, trade,  transfer  title or  possession, or distribute , 
conditional or otherwise,  in California commerce including, but not limited to, transactions by a 
retailer with a consumer and electronic transactions made using the internet. It shall not include 
any of the following transactions or transfers of possession,  which apply only to a specific Animal Confinement Adopt  Text  Page 26 
 transaction listed below, not to the covered product itself, and therefore does not apply to all 
subsequent commercial sales of whole pork meat :  
(1) Whole pork meat produced outside of the state that enters and exits California, 
without additional processing or repackaging,  exclusively for purposes of transshipment or 
export outside of the state;  
(2) Any sale of whole pork meat undertaken on the premises of an establishment at 
which mandatory inspection is provided under the Federal Meat Inspection Act (21 U.S.C. Sec. 
601 et seq.) and that holds  an establishment number  (prefix “M” ) granted by the Food Safety 
Inspection Service of the United States Department of Agriculture;  or that is made directly to 
federal agencies or that takes place on federal lands located within the state; or  
(3) Any sale of whole pork meat which takes place on tribal lands located within the 
state; or  
(4) Donations to nonprofit organizations that have a tax exemption under section 
501(c)(3) of the Internal Revenue Code (26 U.S.C.).    
(g) “Consumer” means any person who purchases whole pork meat, as defined in 
section 25991(u) of the Health and Safety Code and this Article, for the sole purpose of their 
own personal  use or consumption, or that purchases or consumes cooked pork meat at a 
restaurant, food facility , or other business that serves cooked or ready -to-eat pork meat to 
customers or patrons.  
(h) “Container” means any box, case, basket, tote, can, carton, sack, pouch, bag, 
package, wrapper, receptacle,  or any other device which is used to facilitate the handling, 
distribution, transportation,  or commercial sale of whole pork meat.  
(i) “Cottage food operation” means an establishment as defined in section 113758 of the 
Health and Safety Code.  
(j) “Curing agents” for purposes of section 25991(u) of the Health and Safety Code and 
this Article means  any substance listed and described in section 424.21(c) of  Title 9 of the Code 
of Federal Regulations  (January 2021), hereby incorporated by reference.  
(k) “Cut” for purposes of section 25991(u) of the Health and Safety Code and this Article 
means any uncooked primal, wholesale, sub- primal or retail cut including, but not limited to, 
those identified and described in the United States Department of Agricult ure’s Institutional Meat 
Purchase Specifications: Fresh Pork Series 400 (November 2014 Edition) and the 2014 Uniform 
Retail Meat Identity Standards developed by the Industry -Wide Cooperative Meat Identification 
Standards Committee, hereby incorporated by r eference,  but shall  exclude any ground or 
otherwise comminuted meat products.     Animal Confinement Adopt  Text  Page 27 
 (l) “Department” means the California Department of Food and A griculture.  
(m) “Document of title” means a document which in the regular course of business or 
financing is treated as adequately evidencing that the person in possession of it is entitled to 
receive, hold, and dispose of the document and the whole pork meat it covers.  Examples of 
such document s include, but are not limited to,  bill of lading, dock warrant, dock r eceipt, 
warehouse receipt, or an order for the delivery of whole pork meat.  
(n) “Enclosure” means a structure used to confine a covered animal or animals. For 
purposes of this subsection and this Article, a structure means any cage, crate, pen, or other 
construction used to confine a breeding pig.   
(o) “End -user” means any of the following:  
(1) A consumer ; 
(2) A retailer that is not a pork producer and only conducts commercial sales directly to a 
consumer, without any further distribution, of whole pork meat ;   
(3) A food processing facility or cottage food operation that receives whole pork meat 
solely for use as an ingredient to manufacture a combination food product that does not meet 
the definition of whole pork meat as defined in this Article; or  
(4) A restaurant, food facility or other business that only cooks and serves pork meat, 
and/or serves only ready -to-eat pork meat, to customers, patrons or guests for purposes of 
consumption.  
(p)“Flavoring” for purposes of section 25991(u) of the Health and Safety Code and this 
Article means  any substance, whether artificial or natural, t he function of which is to impart 
flavor rather than nutrition, and includes the substances listed and described in sections 
172.510, 172.515(b), 182.10, 182.20, 182.40, and 182.50, and substances with a use described 
as a flavoring, flavoring agent, or fl avoring enhancer  in part 184 of Title 21 of the Code of 
Federal Regulations  (April 2021), hereby incorporated by reference.  
(q) “Food facility” means a facility as defined in section 113789 of the Health and Safety 
Code.  
(r) “Food processing facility” means a facility as defined in section 109947 of the Health 
and Safety Code.  
(s) “Person” means any individual, firm, partnership, joint venture, association, limited 
liability company, corporation, estate, trust, receiver, or syndicate .  
(t) “Pork distributor ” means a person or facility engaged in the business of commercial 
sales or distribution of whole pork meat (as a pork producer or otherwise) to an end- user in Animal Confinement Adopt  Text  Page 28 
 California.  This definition shall not apply to a person or facility that only receives whole pork 
meat as an end -user.  
   (u) “Pork producer” means a person engaged in the business of  keeping, maintaining, 
confining and/or housing a female pig of the porcine species that is six (6) months of age or 
older, or is pregnant, for the purpose of commercial breeding to produce pork meat from the 
breeding pig or her immediate offspring  for hum an consumption.  This definition shall not apply 
to an establishment at which mandatory inspection is provided under the Federal Meat 
Inspection Act (21 U.S.C. Sec. 601 et seq.) and that holds  an establishment number ( prefix “M” ) 
granted by the Food Safety Inspection Service of the United States Department of Agriculture.  
(v) “Production cycle” means the lifecycle of a commercial breeding pig for the 
generation of immediate offspring.  A production cycle for gilts begins when they are six (6) 
months or older and moved into an enclosure  for breeding and ends when a  litter of piglets is 
weaned.  A new production cycle for sows begins when each litter of piglets is weaned.  
(w) “Ready -to-eat (RTE)” means  in a form that is edible without additional preparation to 
achieve food safety and may receive additional preparation for palatability or aesthetic, 
gastronomic, or culinary purposes.  RTE product is not required to bear a safe- handling 
instruction (as required for non -RTE products by sections 317.2(l) and 381.125(b)) of Title 9 of 
the Code of Federal Regulations  (January 2021), hereby incorporated by reference , or other 
labeling that directs that the product must be cooked or otherwise treated for safety and can 
include frozen meat products.    
(x) “Records” means any information in written, visual, or electronic form that documents 
the activities undertaken by a producer, distributor, or certifying agent to comply with the Act 
and this Chapter.  
(y) “Requiring cooking” for the purposes of section 25991(r) of the Health and Safety 
Code and this Article means not ready -to-eat in the condition sold, offered for sale or otherwise 
distributed.  
(z) “Retailer” means a facility location that conducts commercial sales of whole pork 
meat to a consumer.  
(aa) “Seasoning” for purposes of section 25991(u) of the Health and Safety Code and 
this Article is synonymous with the term “spice” and means any aromatic vegetable substance in 
the whole, broken, or ground form , whose primary function in food is seasoning rather than 
nutritional and from which no portion of any volatile oil or other flavoring principle has been 
removed. S pices include onions, garlic, peppers, and the spices listed in section 182.10, and Animal Confinement Adopt  Text  Page 29 
 Part 184 of Title 21 of the Code of Federal Regulations  (April 2021), hereby incorporated by 
reference.  
(bb) “Takes physical possession”  for the purposes of section 25991(o) of the Health and 
Safety Code and this Article means when the whole pork meat is delivered to the buyer in 
California, regardless of whether the title transfer takes place outside of the state, whether the 
seller and buyer have  provided otherwise by a contract, or whether an agent of the buyer 
accepts the whole pork meat outside of the state for transportation into California . 
(cc) “Uncooked” means requiring cooking prior to human consumption.  
(dd) “Usable floorspace” shall be calculated by dividing the total square footage of 
floorspace provided to breeding pigs in an enclosure by the number of breeding pigs in the 
enclosure.   This  floorspace shall also include ground- space for enclosures that are outdoor 
pens or pastures accessible at all times by all breeding pigs confined in the enclosure.  
(ee) “Whole pork meat” means any uncooked cut of pork, including bacon, ham, chop, 
ribs, riblet, loin, shank, leg, roast, brisket, steak, sirloin, or cutlet, that is comprised entirely of 
pork meat, except for seasoning, curing agents, coloring, flavoring, preservatives, and similar 
meat additives.  Whole pork meat does not include combination food products, including soups, 
sandwiches, pizzas, hotdogs, or similar processed or prepared food products, that are 
comprised of more than pork meat, seasoning, curing agents, coloring, flavoring, preservatives, 
and similar meat additives.  
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990, 
25991, 109947, 113758, and 113789, Health and Safety Code.  
 
Section 1322.1.  Breeding Pig Confinement.  
(a) No person shall knowingly engage in a commercial sale within the state of  whole 
pork meat for human food  if the whole pork meat  is the product of a breeding pig, or the product 
of the immediate offspring of a breeding pig, that was confined at any time during the production 
cycle  for said product  in an enclosure that fails to comply with the following standards:  
(1) An enclosure  shall allow the breeding pig to lie down, stand up, fully extend limbs, 
and turn around freely . 
(2) An enclosure shall provide a minimum of 24 square feet of usable floorspace per 
breeding pig.  
(3) Exceptions to the requirements of this section are  specified in section 25992 of the 
Health and Safety Code and Article 4 of this Chapter.  Animal Confinement Adopt  Text  Page 30 
 (b) Commencing January 1, 2024 , any person engaged in business in the  state as a 
pork producer, or any out -of-state pork producer that is keeping, maintaining, confining,  and/or 
housing a breeding pig for purposes of producing whole pork meat , from the breeding pig or its 
immediate offspring, for human food for commercial sale  in California , shall hold a valid 
certification issued pursuant to Article 5 of this Chapter as a certified operation.  
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990,  
25991, and 25992,  Health and Saf ety Code.  
 
Section 1322.2.  Pork Distributor Registration.  
 (a) Commencing January 1, 2023,  any in-state or out -of-state person engaged in a  
commercial sale  into or within  the state as a pork distributor , shall  hold a valid  registration with 
the Department pursuant to this Article.  
(b) Any person register ing pursuant to (a) of this section shall submit an application for 
registration provided by the Department that contains  the following information:  Business name, 
physical address of distribution operation, mailing address, phone number, email address, 
website address, federal tax identification number, and name, phone number and email of 
person authorized to act on the applicant’s behalf.  
(c) The registration shall not be transferable to any person and shall be applicable only 
to the location for which originally issued.  
 (d) A registration is required for each facility location from which whole pork meat is sold, 
distributed , or otherwise supplied to the location of an end- user.  
 (e) A pork distributor  shall not engage in the commercial sale of whole pork meat within, 
or into, California unless such person has obtained and holds a valid registration from the 
Department pursuant to this section for each facility location.  
 (f) Any c hange in ownership, change of business name, change in business location, 
closure of business, or change of name, address, phone number or email of person authorized 
to act on behalf of the registered distributor  must be reported to the Department within 30 
calendar  days of such change.  
 (g) All information set forth on applications for registrations and renewals for 
registrations, including but not limited to any documentation of certification required by ( l) of this 
section, shall be truthful and not misl eading.  
 (h) Initial or renewal of a registration will be issued after the Department reviews the 
application and accompanying certificate of compliance, described in (l) of this section, to 
ensure information is complete and accurate.  Animal Confinement Adopt  Text  Page 31 
  (i) Every registration expires  12 months from the date of issue.  
 (j) A registration may be renewed each 12-month period by the Department in response 
to an application for renewal by a pork distributor  if the business of the facility applying for 
renewal was conducted in accordance with the requirements of this Article and sections 25990 
and 25991 of the Health and Safety Code during the preceding registration period for which the 
renewal is requested.  
(k) A registration will remain in effect pending review and approval by the Department of 
an application for registration renewal, provided the application for renewal is received prior to 
expiration of current registration.  
(l) An application to the Department by a pork distributor  for initial registration, or for 
purposes of renewal, shall be accompanied by documentation of valid certification pursuant to 
Article 5 of this Chapter for each location where registration is being sought.  A registration shall 
not be issued for any facility location for which the valid certification required by this section has 
not been submitted to the Department.   
(m) For purposes of the valid certification required in ( l) of this section, a self -certification 
by a pork distributor  that they  compl y with all applicable requirements of sections 1322.4 and 
1322.5 of this Article, and distributes whole pork meat within or into California only from pork 
producers that comply with section 1322.1 of this Article , will be accepted by the Department 
prior to January 1, 2024.   
(n) An establishment at which mandatory inspection is provided under the Federal Meat 
Inspection Act (21 U.S.C. Sec. 601 et seq.)  and that holds  an establishment number (prefix “M”) 
granted by the Food Safety Inspection Service of the United States Department of Agriculture 
with prefix of “M”  is excluded from mandatory registration pursuant to  this section.  
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990 and 
25991, Health and Safety Code.  
 
Section 1322.3.  Inspection and Audit of Registered Pork Distributor Facilities.  
 (a) Every person register ed pursuant to section 1322.2 of this Article shall comply with 
this section.  
 (b) Every pork distributor  by submitting an application for registrati on of a facility agrees 
as a condition of registration to provide the Department, and/or certifying agent, entrance and 
access to the premises and business records of the facility for purposes of inspection and audit 
as described in Article 5 of this Chapt er.  Animal Confinement Adopt  Text  Page 32 
 Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990 and  
25991, Health and Safety Code.  
 
Section 1322.4.  Whole Pork Meat Shipping Document Requirements.  
(a) Shipping Documents . 
(1) All documents of title  and shipping manifests for shipments of whole pork meat 
entering the state or transported within the state for commercial sale in California shall include 
the statement “Pork CA Prop 12 Compliant” .  The statement shall be clearly legible and plainly 
printed or stamped.  
(2) For shipments of whole pork meat that was not produced in compliance with section 
25991 of the Health and Safety Code and  this Article, and enter California exclusively for 
purposes of transshipment , export , donation,  or sale to federal agencies or on tribal lands  and 
are not destined for commercial sale in California, all documents of title, shipping invoices, bills 
of lading, and shipping manifests shall, upon entrance into the state and during transportation 
and storage within the state, be marked with the statement “For Export”, “For Transshipment ”, 
or “Not Prop 12 Compliant” . The statement  shall be legible and plainly printed or stamped.  
(3) For shipments of whole pork meat not produced in compliance with section 25991 of 
the Health and Safety Code and this Article that originate from a facility, whether located inside 
or outside of the state, under mandatory inspection and that holds an establishment number 
with prefix “M” g ranted by the Food Safety Inspection Service of the United States Department 
of Agriculture under the Federal Meat Inspection Act (21 U.S.C. Sec. 601 et seq.) and being 
transported to another facility in California under mandatory inspection and that holds  an 
establishment number with prefix “M” granted by the Food Safety Inspection Service of the 
United States Department of Agriculture under the Federal Meat Inspection Act (21 U.S.C. Sec. 
601 et seq.), solely for purposes of using the whole pork meat for m aking food products not 
covered by the Act or this Article, all documents of title, shipping invoices, bills of lading, and 
shipping manifests shall, upon entrance into the state and during transportation within the state, 
be clearly marked with the statem ent “Only for use at” immediately followed by the complete 
establishment number, including the prefix “M”, granted by the Food Safety Inspection Service 
of the United States Department of Agriculture for the specific facility where the shipment is 
destined for delivery.  
(b) No person shall label, identify, mark, advertise, or otherwise represent, pigs or whole  
pork meat for commercial sale in California using the statements in (a)  of this section, or as 
meeting the requirements of the Act  or otherwise meeting California enclosure space Animal Confinement Adopt  Text  Page 33 
 requirements, unless they were produced in compliance with section 25991 of the Health and 
Safety Code and this Article.  
Note: Authority cited: Sect ion 25993, Health and Safety Code. Reference: Sections 25990 and  
25991, Health and Safety Code.  
 
Section 1322.5.   Pork Distributor  Recordkeeping.  
(a) A pork distributor , as a condition of registration pursuant to section 1322.2 of this 
Article , shall maintain records that comply with all the requirements of this section.  
(b) Records shall be sufficient for purposes of an audit trail as defined in section 1322( b) 
of this Article and the applicable recordkeeping requirements descr ibed in section 1326.2 of this 
Chapter.  
(c)  Records shall document in a traceable manner that whole pork meat being 
distributed for commercial sale into or within California originates from pork producers that are in 
compliance with all requirements of section 1322.1 of this Article.  
(d) Records shall document the address of the location where the distributor, as the 
buyer, takes physical possession of whole pork meat for each sales transaction.  
(e) Records shall be maintained for two (2) years from the date of creation and be made 
accessible for inspection and audit by the Department and/or a certifying agent as required by 
section 1322.3 of this Article .  
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990 and 
25991, Health and Safety Code.  
 
Section 1322.6.   Inspection of Conveyances.  
(a) Every pork distributor  by submitting an application for registration agrees as a 
condition of registration to provide the Department or a certifying agent, access to inspect in 
California any vehicle or other conveyance under the registrant’s operation or control that is 
transporting whole pork meat into or within the state.  
(b) Every person shall stop at the request of the Department  at any California Border 
Protection Station for purposes of inspection  of cargo and any accompanying shipping 
documents, manifests, and bills of l ading, any vehicle or other conveyance transporting into or 
within the state whole pork meat.  
(c) The Department may deny entry to or order diversion from the state any vehicle or 
other conveyance transporting whole pork meat intended for commercial sale that was 
produced, packaged, identified, or shipped in violation of the requirements of sections 25990-Animal Confinement Adopt  Text  Page 34 
 25992 of the Health and Safety Code, or the provisions of this Article, including but not limited to 
shipping document requirements specified in section 1322. 4 of this Article .    
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990, 
25991,  and 25992 , Health and Safety Code.  
 
Section 1322.7 .  Tagging and Seizure  of Whole Pork Meat . 
(a) The Department may affix a warning tag or notice to shipping documents, manifests, 
containers, sub -containers, lots , or loads of whole  pork meat which have been produced, 
packaged, stored, labeled, marked, identified, transported, delivered, or sold in violation of the 
requirements of sections 25990- 25992 of the Health and Safety Code, or the provisions of this 
Article .  When a warning tag or notice is issued, the Department shall give written notice of such 
violation to the pork producer, pork distributor , owner, or other person in possession of the 
whole  pork meat.   
(b) No  person shall remove a warning tag or notice from the place it is affixed except 
upon written permission or specific direc tion of the Department.  
(c) The Department  may seize and hold any  containers, sub- containers, lots or loads  of 
whole  pork meat in California which t hey have  reasonable suspicion to believe is in violation of 
the provisions of sections 25990- 25992 of the Health and Safety Code, or the provisions of this 
Article.  If the Department seizes any container, sub- container, lot , or load of whole  pork meat, a 
written hold notice shall be i ssued to the person that has control of the whole  pork meat, and a 
tag or notice may be affixed to the container, sub -container, lot , or load which states it is so 
held.  
(d) Any whole pork meat for which a hold notice is issued shall be held by the person  
having control of the whole pork meat and shall not be disturbed, moved, diverted,  or offered for 
sale except under the specific directions of the Department.  
(e) A person may request an informal hearing to contest tagging, hold notice, or seizure 
of whole pork meat pursuant to section 1327.1 of this Chapter.  
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990, 
25991, and 25992, Health and Safety Code.  
 
Section 1322.8.  Written Certification.  
(a) For purposes of section 25993.1 of the Health and Safety Code, any written 
certification from a supplier to a buyer engaged in commercial sales of whole pork meat that 
was not derived from a breeding pig, or offspring of a breeding pig, confined in a c ruel manner Animal Confinement Adopt  Text  Page 35 
 shall be based upon an audit trail as defined in section 1322( b), of this Article, and shall be 
traceable to pork producers compliant with all requirements of section 1322.1 of this Article.   
(b) A retailer or food processing facility that is an end -user and takes physical  
possession, whether by use of a common carrier, private carrier or other means of conveyance, 
of whole pork meat at, or directly from, an establishment  at which mandatory inspection is 
provided under the Federal Meat Inspection Act (21 U.S.C. Sec. 601 et seq.) , that holds an 
establishment number  (prefix “M”) granted  by the Food Safety Inspection Service of the United 
States Department of Agriculture with  a prefix of “M ”, and that does not hold a valid  pork 
distributor registration, shall:  
(1) Maintain records documenting written certifications that meet the requirements of this 
section for whole pork meat received during the preceding 12- month period.  
(2) Maintain records documenting the address of the location where the retailer or food 
processor , as the buyer, takes physical possession of whole pork meat for each sales 
transaction.  
(3) Make the records required by this subsection available on- site for inspection by the 
Department upon request. Electronic records are considered on -site if they are accessible from 
an on- site location.  
(c) Subsection  (b) of this section shall not apply to a whole pork meat end -user that is an 
establishment under mandatory inspect ion under the Federal Meat Inspection Act (21 U.S.C. 
Sec. 601 et seq.) and that holds an establishment number (prefix “M”) granted  by the Food 
Safety Inspection Service of the United States Department of Agriculture.  
Note: Authority cited: Section 25993, Healt h and Safety Code. Reference: Sections 25900 and  
25991, Health and Safety Code.  
 
Section 1322.9.  Denial, Suspension,  or Revocation of Pork Distributor Registration.  
(a) The Department may deny, suspend , or revoke a registration issued pursuant to this 
Article for any of the following:  
(1) Violations that resulted, or reasonably could have resulted, in the commercial sale of 
whole pork meat from breeding pigs, or offspring of breeding pigs, that was not c onfined in 
compliance with this Article;  
(2) Demonstrated pattern of violations  with the requirements of this Article and/or 
statutes pertaining to whole pork meat or breeding pigs in sections 25990 -25992 of the Health 
and Safety Code ; Animal Confinement Adopt  Text  Page 36 
 (3) Refusal to grant  access for, or interference with, inspections or audits described in 
sections 1322.3 or 1322.6 of this Article ; 
(4) Misrepresenting whole pork meat as being produced in compliance with this Article; 
or  
(5) Providing false information on an application for registration.  
(b) Proposed suspension or revocation.  The Department shall send a written notice of 
proposed suspension or revocation of registration to the pork distributor.  The notice of 
proposed suspension or revocation shall state:  
(1) The date the proposed suspension or revocation is issued;  
(2) The reasons for the proposed suspension or revocation;  
(3) The effective date of the proposed suspension or revocation;  
(A) The effective date of suspension or revocation is 30 calendar days  after the date that 
the proposed suspension or revocation is issued;  
(4) The impact of a suspension or revocation on future eligibility for registration including 
conditions for reinstatement  which will be determined by the Department based on the 
demonstrated pattern of violations  described in subsections (a)(1) through (a)(5) of this section; 
and  
(5) The right to request a formal hearing pursuant section 1327.2 of this Chapter  within 
30 calendar days of the date the proposed suspension or revocat ion was issued.  Registration 
shall remain in effect pending the outcome of a formal hearing.  
(c) A person may appeal the Department's decision to deny  an application or renewal of  
a registration by requesting a formal hearing pursuant to section 1327.2 of this Chapter  within 
30 calendar days  of the date of the notice of denial .   
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990,  
25991, and 25992, Health and Safety Code.  
 
Article 4. Exceptions.   
 
Section 1324.  Definitions.  
Unless the context otherwise requires, the following definitions apply to this Article and 
words in the singular form shall be deemed to impart the plural and vice versa, as the case may 
demand:  
(a) “Breeding pig” means any female pig of the porcine species kept for the purpose of 
commercial breeding who is six (6) months of age or older, or pregnant.  Animal Confinement Adopt  Text  Page 37 
 (b) “Individual treatment” for purposes of section 25992 of the Health and Safety Code, 
and this Chapter, means any protocol, practice, procedure, or application of care concerned 
with the diagnosis, treatment, mitigation,  or prevention of animal disease, injury or harm that is 
administered by, or conducted under the order or recommendation of, a licensed veterinarian as 
part of a veterinarian- client -patient relationship as defined in section 530.3(i)  of Title 21 of the 
Code of Federal Regulations  (April 2021), hereby incorporated by reference.   
(c) “Medical research” for purposes of section 25992 of the Health and Safety Code, and 
this Chapter, means any basic and applied research that relates or contributes to the scientific 
understanding, promotion, or protection of human or animal health, fitness, function,  
performance, welfare or care, and that is conducted under the review of an Institutional Animal 
Care and Use Committee operating in accordance with  section 2.31 of Title 9 of the Code of 
Federal Regulations  (January 2021), hereby incorporated by referenc e, or is conducted at a 
facility that holds  a valid accreditation by the American Association for Accreditation of 
Laboratory Animal Care.  
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990, 
25991, and 25992 , Health and Safety Code.    
 
Section 1324.1 .  Confine ment Standards Exceptions . 
 (a) The Act and this Chapter shall not apply : 
(1) During medical research;  
(2) During examination, testing, individual treatment, or operation for veterinary 
purposes ; 
(3) During transportation;  
(4) During rodeo exhibitions, state or county fair exhibitions, 4- H programs, and similar 
exhibitions ; 
(5) During slaughter when performed i n accordance with the provisions of Chapter 6 
(commencing with Section 19501) of Part 3 of Division 9 of the Food and Agricultural Code, 
relating to humane methods of slaughter, and other applicable law s and regulations ; 
(6) To a breeding pig during the five-day period prior to the breeding pig’s expected date 
of giving birth, and any day that the breeding pig is nursing piglets ; or 
(7) During temporary periods for animal husbandry purposes for no more than six hours 
in any 24- hour period, and no more than 24 hours total in any 30- day period.  
Note: Authority cited:  Section 25993, Health and Safety Code. Reference: Section 25992, 
Health and Safety Code.  Animal Confinement Adopt  Text  Page 38 
  
Article 5. Certification and Accredited Certifiers.  
  
Section 1326.  Definitions.  
 Unless the context otherwise requires, the following definitions apply to this Article and 
words in the singular form shall be deemed to impart the plural and vice versa, as the case may 
demand:  
(a) “Accreditation or accredit” means a determination made by the Depart ment that 
authorizes a private entity to conduct certification activities as a certifying agent under this 
Chapter.  
(b) “Act” means the Farm Animal Cruelty  statute , as amended (Chapter 13.8 
(commencing with section 25990)  of Division 20 of the Health and Safety Code).  
(c) “Area of operation”  means the facilities and records for  covered animal production or 
covered product  distribution operations , including calves and whole veal meat, breeding pigs 
and whole pork meat, egg- laying hens and shell eggs or liquid eggs, or any combination thereof 
that a certifying agent may certify under this Chapter.  
(d) “Certification or certify” means a determination made by a certif ying agent that a 
production or distribution operation is in compliance with the Act and this Chapter, which is 
documented by a certificate of California farm animal confinement compliance.  
(e) “Certified operation”  means a production or distribution operation, or portion of such 
operation, that is certified by a certifying agent as utilizing a system of animal confinement or 
distribution as described by the Act and this Chapter.  
(f) “Certifying agent”  means any private entity accredited by the Department  as a third-
party certifying agent for the purpose of certifying a production or distribution operation as a 
certified operation, the Department, or any government entity that the Department recognizes as 
providing functionally equivalent certification ser vices to the requirements of this Chapter.  
(g) “Certifying agent's operation” means all sites, facilities, personnel, and records used 
by an accredited private certifying agent to conduct certification activities under the regulations 
in this Chapter.  
(h) “Covered animal” means all of the following animals when kept on a farm pursuant to 
sections 25991(f) and (i) of the Health and Safety Code for purposes of producing covered 
products : 
(1) Breeding pig as defined in section 25991(a) of the Heal th and Safety Code and 
section 1322( c) of this Chapter;  Animal Confinement Adopt  Text  Page 39 
 (2) Calf as defined in section 25991(d) of the Health and Safety Code and section 
1321( c) of this Chapter; and 
(3) Egg -laying hen as defined in section 25991(g) of the Health and Safety Code and 
section 1320( l) of this Chapter.  
(i) “Covered product” means all of the following:  
(1) Shell eggs as defined in section 25991(p) of the Health and Safety Code and section 
1320( z) of this Chapter ;  
(2) Liquid eggs as defined in section 25991(l) of the Health and Safety Code and, 
section 1320 (u) of this Chapter ;  
(3) Whole veal meat as defined in section 25991(v) of the Health and Safety Code and 
section 1321 (ee) of this Chapter ; and 
(4) Whole pork meat as defined in section 25991(u) of the Health and Safety Code and 
section 1322 (ee) of this Chapter.  
(j) “Department”  means the California Department of Food and Agr iculture.  
(k) “Distributor” means an egg distributor as defined in section 1320( k), a veal distributor 
as defined in section 1321( cc), and a pork distributor as defined in section 1322(t) , of this 
Chapter.  
(l) “Distributor operation” means any operation or portion of an operation that conducts 
activities as a distributor.  
(m) “Employee” means a ny person providing paid or volunteer services for a certifying 
agent.  
(n) “Governmental entity”  means any local, st ate, or federal domestic government, tribal 
government, or foreign governmental subdivision providing certification services.  
(o) “Immediate family” means t he spouse, minor children, or blood relatives who reside 
in the immediate household of a certifying  agent or in the immediate household of employee, 
inspector, contractor, or other personnel of the certifying agent. For the purpose of this Chapter, 
the interest of a spouse, minor child, or blood relative who is a resident of the immediate 
household of a certifying agent or an employee, inspector, contractor, or other personnel of the 
certifying agent shall be considered to be an interest of the certifying agent or an employee, 
inspector, contractor, or other personnel of the certifying agent .  
(p) “Inspection” means t he act of examining and evaluating the production or distribution 
area of  operation of an applicant for certification o r a certified operation to determine compliance 
with the Act and this Chapter.  Animal Confinement Adopt  Text  Page 40 
 (q) “Inspector”  means any person  retained or used by a certifying agent to conduct 
inspections of certification applicants or certified production or distribution  operations, or  an 
authorized representative of the Department.  
(r) “Label” means a display of written, printed, or graphic material on the immediate 
container of a covered product or any such material affixed to any covered product or affixed to 
a bulk container contai ning a covered product, except for package liners or a display of written, 
printed, or graphic material which contains only information about the weight of the product.  
(s) “Labeling”  means all written, printed, or graphic material accompanying a covered 
product at any time or written, printed, or graphic material about the covered product displayed 
at retail stores about the product.  
(t) “Person” means any individual, firm, partnership, joint venture, association, limited 
liability corporation, corporati on, estate, trust, receiver, or syndicate.  
(u) “Private entity” means a ny domestic or foreign nongovernmental, for -profit , or not -for-
profit organization providing certification services.  
(v) “Producer” means an egg producer as defined in section 1320( m), a veal producer as 
defined in section 1321 (dd), and a pork producer as defined in section 1322(u) .  
(w) “Records” means any information in written, visual, or electronic form that documents 
the activities undertaken by a producer, distributor , or certif ying agent to comply with the Act 
and this Chapter.  
(x) “Responsibly connected” means any person who is a partner, officer, director, holder, 
manager, or owner of 10 percent or more of the voting stock of an applicant , or a recipient of 
certification or accreditation.  
(y) “Split operation” means an operation that  produces or distributes covered animals 
and/or covered products from operations, or portions of an operation, that are both in 
conformance and out -of-conformance with the confinement standards of  the Act and this 
Chapter.  
(z) “State” means any of the states of the United States of America, its territories, the 
District of Columbia, and the Commonwealth of Puerto Rico.  
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990 and  
25991, Health and Safety Code.  
 
Section 1326.1.  General Requirements for Certification.  
(a) A person seeking to receive or maintain certification under this Chapter must:  
(1) Comply with the Act and applicable regulations of this Chapter;  Animal Confinement Adopt  Text  Page 41 
 (2) Allow on -site inspections by the certifying agent, and/or  authorized representatives of 
the Department,  with access to the production and/or distribution operation, and offices as 
provided for in sections 1326.2 and 1326.5  of this Article ; 
(3) If a producer, allow access by the certifying agent, and/or  authorized representatives 
of the Department, to pastures, fields, structures, and houses where covered animals and 
covered animal products may be kept, produced, processed, handled, stored or transported, 
including the inspection of all enclosures for covered animals ;   
(4) If a distributor , allow access by the certifying agent, and/or  authorized 
representatives of the Department, to examine all covered products that are sold or intended, 
held, segregated, stored, packaged, labeled, or represented for sal e or distribution in California ;  
(5) Allow access by the certifying agent, and /or authorized representatives of the 
Department, to containers, labels, labeling, invoices,  documents of title,  and bills of lading used 
in the handling, storage, packaging, sale, transportation,  or distribution of covered products  in 
California ; 
(6) Allow access by the certifying agent, and /or authorized representatives of the 
Department, during normal business hours for review and copying of records required by 
section 1326.2 of this Article ; and  
(7) Immediately notify the certifying agent concerning any change in a certified operation 
or any portion of a certified operation that may affect its compliance with the Act and this 
Chapter.  
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990 and  
25991, Health and Safety Code.  
 
Section 1326.2.   Recordkeeping by Certified Operations.  
(a) In order to receive and maintain certification, a certified operation must maintain 
records concerning the production and distribution of covered animals and/or covered products.  
(b) Such records must:  
(1) Be maintained by a producer in sufficient detail to document that covered anim als 
were confined in compliance with sections 25991 and 25992 of the Health and Safety Code and 
the requirements of this Chapter ;  
(2) Be maintained by a distributor  in sufficient detail to document the identification, 
source, supplier, transfer of ownership, transportation, storage, segregation, handling, 
packaging, distribution,  and sale of covered products that were derived from animals confined in 
compliance with sections 25991 and 25992 of the Health and Safety Code and this Chapter ;  Animal Confinement Adopt  Text  Page 42 
 (3) Be maintained for not less than two (2) years beyond their creation;   
(4) Include records of all covered animal and/or covered product transactions for the 
preceding two -year period.  The records must indicate the date, quantity, identity of the buyer 
and seller , and the address where physical possession of covered product took place for each 
transaction;  
(5) Include documentation and records for the preceding two- year period pertaining to 
the production, processing, handling, packaging, storage, transp ortation, or sale of covered 
animals or covered products sold,  intended for sale in California or identified or represented as 
compliant with the confinement requirements of the Act and this Chapter ; 
(6) Include documentation of the size of the certified operation, the quantity of covered 
animals and/or covered products produced or processed from each facility or farm unit in the 
certified operation, the number of covered animal enclosures for each facility or farm unit, the 
size of each enclosure, the number of covered animals housed in each enclosure, and the dates 
of stocking, harvest and production;  
(7) If the facility is a split operation, include documentation sufficient to demonstrate the 
identification, segregation, distribution,  and handling of covered animals and/or covered 
products to prevent commingling with any animals or products that do not comply with 
requirements of the Act ; and 
(8) Include documentation of registration issued by the Department pursuant to sections 
1320.2, 1321.2 , and 1322.2 of this Chapter , as applicable to the certified operation.  
(c) The inspection and audit of any records and documents required by this section, may 
be conducted by the Department, or other certifying agent, by on- site inspection at the certified 
operation location, or by utilizing email, phone, teleconference, or any combination thereof, at 
the discretion of the certifying agent or the Department.  
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990,  
25991, and 25992, Health and Safety Code.  
 
Section 1326.3.   Application for Certification.   
(a) A person seeking certification of a production or distribution operation by a certifying 
agent under this Article must submit an application for certification that includes all the following 
information:  
(1) The name of the person completing the application; the applicant's business name, 
physical address,  mailing address,  and phone number; and, when the applicant is a corporation, Animal Confinement Adopt  Text  Page 43 
 the name, address, email, and phone number of the person authorized to act on the applicant's 
behalf ;  
(2) The name(s) of any certifying agent(s) to which application has previously been 
made; the year(s) of application; the outcome of the application(s) submission, including, when 
available, a copy of any notification of noncompliance, denial  or revocation of certification issued 
to the applicant for certification; and a description of the actions taken by the applicant to correct 
the noncompliance noted in the notification of noncompliance, including evidence of such 
correction;   
(3) A description of the type and quantity of covered animals and/or covered products to 
be pr oduced and/or distributed at the facility for which certification is being requested;  
(4) A description of the covered animal confinement system to be used at the facility, 
such as  the number of enclosures, size of enclosures and maximum number of covered animals 
to be housed in each, and additional information as deemed necessary by the certifying agent to 
determine compliance with the Act and this Chapter ; and 
(5) A description of the management practices, physical barriers, and standard operating 
procedures established to prevent commingling of covered animals or covered products if the 
facility is a split operation . 
(b) If the certifying agent is a government entity other than the Department, it may use its 
own authorized procedures for application for c ertification in lieu of this section’s requirements.  
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990 and  
25991, Health and Safety Code.  
 
Section 1326.4.   Review of Application for Certification.  
(a) Upon acceptance of an application for certification, a certifying agent must:  
(1) Review the application to ensure completeness pursuant to section 1326.3 of this 
Article ;  
(2) Determine by a review of the application materials whether the applicant appears to 
comply or may be able to comply with the applicable requirements of the Act and this Chapter;  
(3) Verify that an applicant who previously applied to another certifying agent and 
received a notification of noncompliance or denial of certification, pursuant to section 1326.7 of 
this Article , has submitted documentation to support the correction of any issues  of 
noncompliance identified in the notification of noncompliance or denial of certification, as 
required in section 1326.7(e)  of this Article ; and  Animal Confinement Adopt  Text  Page 44 
 (4) Schedule an on -site inspection,  pursuant to section 1326.5 of this Article, of the 
production or distribution operation to determine whether the applicant qualifies for certification if 
the review of application materials reveals that the produc tion or distribution operation may be in 
compliance with the applicable requirements of the Act and this Chapter.  
(b) A certifying agent shall :  
(1) Review the application materials received and communicate its findings to the 
applicant ; and   
(2) Provide the applicant with a copy of the on -site inspection report, as approved by the 
certifying agent, for any on- site inspection performed.  
(c) The applicant may withdraw its application at any time. An applicant that voluntarily 
withdraws  its application prior to the issuance of a notice of noncompliance will not be issued a 
notice of noncompliance. Similarly, an applicant that voluntarily withdraws  its application prior to 
the issuance of a notice of certification denial will not be issued a notice of certifi cation denial.  
(d) If the certifying agent is a government entity other than the Department, it may use its 
own authorized procedures for application review  in lieu of this section’s requirements  as long 
as such review includes an on- site inspection  of an applicant’s compliance with the Act and 
applicable provisions of this Chapter by a process equivalent to that described in section 1326.5  
of this Article . 
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990 and  
25991,  Health and Safety Code.  
 
Section 1326.5.   Certification  On-site Inspections.  
(a) On -site inspections.  
(1) In order to grant certification, a certifying agent must conduct an initial on- site 
inspection of each production unit, facility, and site that produces or distributes covered animals 
or covered products that is included in an operation for which certi fication is requested.   An on-
site inspection must be conduc ted at least once every 12 months thereafter for each certified 
operation that produces or distributes covered animal s or covered products for the purpose of 
determining whether to approve the request for certification or whether certification of the 
operation should continue.  
(2) The Department may require that additional inspections be performed by an 
accredited certifying agent or the Department for the purpose of determining compliance with 
the Act and this Chapter.  Additional inspections may be announced or unannounced as 
required by the Department.  Animal Confinement Adopt  Text  Page 45 
 (b) Scheduling.  
(1) The initial on- site inspection must be conducted within three ( 3) months following a 
determination that the applicant appears to comply or may be able to comply with the 
requirements of the Act and this Chap ter.  
(2) All on -site inspections must be conducted when an authorized representative of the 
operation who is knowledgeable about the operation is present , can access operation records,  
and at a time when facilities and activities that demonstrate the operation's compliance with or 
capability to comply with the applicable provisions of the Act and this Chapter can be observed.  
(c) Verification of information. The on- site inspection of an operation must verify:  
(1) The operation's compliance or capability to comply with the Act and this Chapter ; and  
(2) That the information provided in accordance with sections 1326.3 and 1326.8 of this 
Article accurately reflects the practices used or to be used by the applicant for certification or by 
the certified operation.  
(d) Exit interview.   The certifying agent  must conduct an exit interview with an authorized 
representative of the operation who is knowledgeable about the inspected operation to confi rm 
the accuracy and completeness of inspection observations and information gathered during the 
on-site inspection.  The certifying agent  must also address the need for any additional 
information as well as any issues of concern.  
(e) A copy of the on- site inspection report shall be sent to the inspected operation by the 
certifying agent.  
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990 and  
25991, Health and Safety Code.  
 
Section 1326.6.   Granting Certification.   
(a) After completion of the initial on- site inspection, a certifying agent must review the 
on-site inspection report, and any additional information requested from or supplied by the 
applicant. If the certifying agent determines that the confinement or distribution system and all 
procedures and activities of the applicant's operation are in compliance with the Act and this 
Chapter, the certifying  agent shall grant certification.  
(b) When a certifying agent issues a certificate of compliance it shall specify all the 
following:  
(1) Name and address of the certified operation;  
(2) Effective date of certification;  
(3) Date of most recent on- site inspection;  Animal Confinement Adopt  Text  Page 46 
 (4) Categories of operat ion, including whether the operation is a producer, distributor  or 
both, a split operation, and the species of covered animals and/or types of covered products 
produced or distributed by the certified operation; and  
(5) Name, address, and phone number of the certifying agent.  
(c) Notwithstanding (a) of this section, the Department will accept certifications granted 
by another government entity using procedures established under the authority of that 
government entity, provided such certification is based on on -site inspection of a certified 
operation’s compliance with the Act and applicable provisions of this Chapter by a process 
equivalent to that described in section 1326.5  of this Article, and that the certificate specifies at 
a minimum the information described in paragraph (b) of this section.   
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990 and  
25991, Health and Safety Code.  
 
Section 1326.7.   Denial of Certification.  
(a) When the certifying agent, based on a review of the information specified in sections 
1326.2, 1326.3, 1326.4 or 1326.5 of this Article , determines that an applicant for certification is 
not in compliance with the Act and this Chapter, the certifying agent shall provide a written 
notification o f noncompliance to the applicant. When correction of a noncompliance is not 
possible, a notification of noncompliance and a notice  of denial of certification may be combined 
in one notice . A notification of noncompliance shall provide:  
(1) A description of each noncompliance;  
(2) The facts upon which the notification of noncompliance is based; and  
(3) The date by which the applicant must rebut or correct each noncompliance and 
submit supporting documentation of each such correction when correction is possible.  
(b) Upon receipt of such notification of noncompliance, the applicant may:  
(1) Correct n oncompliances and submit a description of the corrective actions taken with 
supporting documentation to the certifying agent;  
(2) Correct noncompliances and submit a new application to another certifying agent: 
Provided, that the applicant must include a complete application, the notification of 
noncompliance received from the first certifying agent, and a description of the corrective 
actions taken with supporting documentation; or  
(3) Submit written information to the issuing certifying agent to rebut t he noncompliance 
described in the notification of noncompliance.  
(c) After issuance of a notification of noncompliance, the certifying agent must:  Animal Confinement Adopt  Text  Page 47 
 (1) Evaluate the applicant's corrective actions taken and supporting documentation 
submitted or the written  rebuttal  and conduct an on- site inspection if necessary ;  
(2) When the corrective action or rebuttal is sufficient for the applicant to qualify for 
certification, issue the applicant an approval of certification pursuant to section 1326.6  of this 
Article ; or  
(3) When the corrective action or rebuttal is not sufficient for the applicant to qualify for 
certification, issue the applicant a written notice of denial of certification .  
(d) A certifying agent must i ssue a written notice of denial of certification to an applicant 
who fails to respond to the notification of noncompliance within 30 calendar days of the date 
issued.  
(e) A notice of denial of certification must state the reason(s) for denial and the 
applicant's right to:  
(1) Reapply for certification pursuant to sections 1326.3 and 1326.8  of this Article ;  
(2) Request mediation pursuant to section 1327. 3 of this Chapter  within 30 calendar 
days  of date of notice of denial ; or  
(3) Request  a formal hearing of the denial of certification pursuant to section 1327.2 of 
this Chapter within 30 calendar days  of date of notice of denial .  
(f) An applicant for certification who has received a written notification of noncompliance 
or a written notice of denial of cer tification may apply for certification again at any time with any 
certifying agent, in accordance with sections 1326.3 and 1326.8  of this Article .  When such 
applicant submits a new application to a certifying agent other than the certifying  agent who 
issued the notification of noncompliance or notice of denial of certification, the applicant for 
certification must include a copy of the notification of noncompliance or notice of denial of 
certification and a description of the actions taken, w ith supporting documentation, to correct the 
noncompliances noted in the notification of noncompliance.  
(g) A certifying agent who receives a new application for certification, which includes a 
notification of noncompliance or a notice of denial of certif ication, must treat the application as a 
new application and begin a new application process pursuant to sections 1326.3 and 1326.4  of 
this Article .  
(h) Notwithstanding (a) of this section, if a certifying agent has evidence that an applicant 
for certific ation has made a false statement or otherwise misrepresented the applicant's 
operation or its compliance with the certification requirements pursuant to this Article , the 
certifying agent may deny certification pursuant to ( e) of this section without first  issuing a 
notification of noncompliance.  Animal Confinement Adopt  Text  Page 48 
 Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990 and  
25991, Health and Safety Code.  
 
Section 1326.8.  Continuation of Certification.   
(a) To continue certification, a certified operation must annually submit the following 
renewal information, as applicable, to the certifying agent:  
(1) A summary statement, supported by documentation, detailing any deviations from, or 
changes to, information submitted on the previous year's application, including but not limited to 
any additions to or deletions from the information required pursuant to section 1326.3 of this 
Article ;  
(2) An update on the correction of any  noncompliances previously identi fied by the 
certifying agent as requiring correction for continued certification; and  
(3) Other information as deemed necessary by the certifying agent to determine 
compliance with the Act and this Chapter.  
(b) Following the receipt of the information specified in subsection (a) of this section, the 
certifying agent shall arrange and conduct an on -site inspection of the certified operation 
pursuant to section 1326.5 of this Article  to determine compliance with the Act  and this Chapter .  
(c) If the certifying agent determines, based on the on- site inspection and a review of the 
information specified in (a) of this section, that a certified operation is not complying with the 
requirements of the Act and this Chapter, the certifying agent shall provide a written notification 
of noncompliance to the operation in accordance with section 1326.20  of this Article .  
(d) If the certifying agent determines, based on the on- site inspection and a review of the 
information specified in subsection (a) of thi s section, that the certified operation is complying 
with the Act and this Chapter, the certifying agent shall issue an updated certificate of 
compliance pursuant to section 1326.6(b)  of this Article . 
(e) Any change in ownership, change of business name, or change in business location, 
closure of business, or change of name, address, phone number or email of person authorized 
to act on behalf of the certified operation must be reported to the certifying agent within 30  
calendar  days of such change.  
(f) If the certifying agent is a government entity other than the Department, it may use its 
own authorized procedures for continuation of certification in lieu of this section’s requirements 
as long as such renew al process  includes an on -site inspection of the certified operation to 
determine compliance with the Act and applicable provisions of this Chapter by a process 
equivalent to that described in section 1326.5.  Animal Confinement Adopt  Text  Page 49 
 Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990 and  
25991, Health and Safety Code.  
 
Section 1326.9.  Areas and Duration of Accreditation as a Certifying Agent . 
(a) The Department may accredit a qualified domestic or foreign applicant to certify a 
domestic or foreign production or distribution operation as a certified operation.  
(b) Accreditation shall be for a period of five ( 5) years from the date of approval of 
accreditation pursuant to section 1326.14  of this Article .  
(c) In lieu of accreditation under (a) of this section, the Department will accept a foreign 
certifying agent 's accreditation to certify production or distribution operations if the Department 
determines, upon the request of a foreign government, that the standards under which the 
foreign government authority accredited the foreign certifying agent are functional ly equivalent 
to the requirements of this Chapter.  
(d) Notwithstanding any provision of this Chapter, the Department may, at its discretion, 
certify a production or d istribution  operation as a certified operation after determining an 
operation is in compli ance with the provisions of the Act and this Chapter.  
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990 and  
25991, Health and Safety Code.  
 
Section 1326.10.  General Requirements for Accredited Certifying Agent s. 
(a) In order to receive and maintain accreditation, a private entity accredited as a 
certifying agent under this Chapter must:  
(1) Have sufficient expertise in covered animal production and covered product 
distribution techniques to fully comply with and implement the terms and conditions of the 
certification program established under this Chapter;  
(2) Carry out the provisions of the Act and this Chapter, including the provisions of  
certifying operations as described in sections 1326.3 through 1326.8  of this Article ;  
(3) Use a sufficient number of adequately trained personnel, including inspectors , and 
certification review personnel, to comply with and implement the certification program 
established under this Chapter;  
(4) Ensure that its responsibly connected persons, employees, and contractors with 
inspection, analysis, and decision- making responsibilities have sufficient expertise in covered 
animal production and covered product distribution to successfully perform the duties assigned;  Animal Confinement Adopt  Text  Page 50 
 (5) Provide suf ficient information to persons seeking certification to enable them to 
comply with the applicable requirements of the Act and this Chapter;  
(6) Maintain all records pursuant to section 1326.17(b) of this Article and make all such 
records available for ins pection and copying during normal business hours by authorized 
representatives of the Department;  
(7) Not disclose any information collected pursuant to this Article that was  obtained while 
certifying producers or  distributors for compliance with this Chapter to any third- party without 
approval by the Department.  Any request to an accredited certif ying agent  for records or 
documents must be submitted to the Department for review and approval pursuant to the 
Califo rnia Public Records Act (Government Code section 6250 et seq.) ;  
(8) Prevent conflicts of interest by:  
(A) Not certifying a production or distribution operation if the certifying agent or a 
responsibly connected party of such certifying agent has or has held a commercial interest in 
the production or distribution operation, including an immediate family interest or the provision of 
consulting services, within the 12- month period prior to the application for certification;  
(B) Excluding any person, includi ng contractors, with conflicts of interest from work, 
discussions, and decisions in all stages of the certification process and the monitoring of 
certified production or distribution operations for all entities in which such person has or has 
held a commer cial interest, including an immediate family interest or the provision of consulting 
services, within the 12 -month period prior to the application for certification;  
(C) Not permitting any employee, inspector, contractor, or other personnel to accept 
paym ent, gifts, or favors of any kind, other than prescribed fees, from any business inspected .  
(9) Refrain from making false or misleading claims about its accreditation status, the 
accreditation program for certifying agents, or the nature or qualities of c overed products; and 
(10) Submit to the Department a copy of:  
(A) Within 14  calendar  days of creation, any notice of proposed suspension or 
revocation and notice  of suspension or revocation sent pursuant to section 1326.20  of this 
Article ; and  
(B) Annual report as described in section 1326.17(a) of this Article including the name, 
address, and phone number of each operation granted initial certification pursuant to section 
1326. 6 of this Article  or an updated certification pursuant to section 1326.8 of this Article , during 
the preceding year .  
(b) A private entity accredited as a certifying agent must:  Animal Confinement Adopt  Text  Page 51 
 (1) Hold the Department harmless for any failure on the part of the certifying agent to 
carry out the provisions of the Act and this Chapter; and  
(2) Transfer to the Department all records or copies of records concerning the person's 
certification activities related to this Article in the event that the certifying agent dissolves or 
loses its accreditation; p rovided, that, such transfer shall not apply to a merger, sale, or other 
transfer of ownership of a certifying agent.  
(c) No certifying agent under this Article shall exclude from participation in or deny the 
benefits of certification to any person due to discrimination because of race, color,  sex, national 
origin, gender, religion, age, disability, political beliefs, sexual orientation, national origin, source 
of income,  or marital or family status.  
(d) A private entity seeking accreditation under this A rticle must sign and return a 
statement of agreement prepared by the Department which affirms that, if granted accreditation 
as a certifying agent under this Chapter, the applicant will carry out the provisions of the Act and 
this Chapter, including but no t limited to all applicable requirements of this section.  
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990 and  
25991, Health and Safety Code.  
 
Section 1326.11.  Applying for Accreditation as a Certifying Agent.  
(a) A private entity seeking accreditation as a certifying agent under this section must 
submit an application for accreditation provided by the Department which contains the 
applicable information and documents set forth in sections 1326.12 and 1326.13 of  this Article . 
(b) Following the receipt of the information and documents, the Department will 
determine, pursuant to sections 1326.12 and 1326.13 of this Article , whether the applicant for 
accreditation should be accredited as a certifying agent.  
Note: A uthority cited: Section 25993, Health and Safety Code. Reference: Sections 25990 and  
25991, Health and Safety Code.  
 
Section 1326.12.  Applicant Information for Accreditation as a Certifying Agent . 
(a) A private entity seeking accreditation as a certifying agent must submit the following 
information:  
(1) The business name, primary office location, mailing address, name of the person(s) 
responsible for the certifying agent's day -to-day operations, contac t numbers (phone, facsimile, 
email and Internet address) of the applicant, and the entity's federal taxpayer identification 
number;  Animal Confinement Adopt  Text  Page 52 
 (2) The name, office location, mailing address, and contact numbers (phone, facsimile, 
email and Internet address) for each  of its organizational units, such as Chapters or subsidiary 
offices, and the name of a contact person for each unit;  
(3) Each area of operation (calves, breeding pigs, egg- laying hens , or distribution) for 
which accreditation is requested and the estimat ed number of each type of operation anticipated 
to be certified annually by the applicant along with a copy of the applicant's schedule of fees for 
all services to be provided under these regulations by the applicant;  
(4) The type of entity the applicant is (e.g., for -profit business, not -for-profit association) 
and documentation showing the entity's status and organizational purpose, such as Articles of 
incorporation and by -laws or ownership or membership provisions, and its date of 
establishment; and  
(5) A list of each s tate or foreign country in which the applicant has previously conducted 
certification services and a list of each state or foreign country in which the applicant intends to 
certify production or distribution operations pursuant to this Chapter.  
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990 and  
25991, Health and Safety Code.  
 
Section 1326.13.  Evidence of Expertise and Ability.  
(a) A private entity seeking accreditation as a certifying agent must submit to the 
Department all of the following documents and information:   
(1) Personnel .  
(A) The name and position description of personnel in the certifier’s operation performing 
inspections , members of any certification review committees,  and inspection contractors.  
(B) A description of the qualifications, including experience, training, and education in 
auditing, inspection, covered animal production and/or covered product distribution , or other 
relevant areas of work for:  
(i) Each inspector to be used by the applicant ; and   
(ii) Each person to be designated by the applicant to review or evaluate applications for 
certification.  
(C) A description of procedures, practices , and training, including biosecurity training,  to 
ensure that its responsibly connected persons, employees, and contractors with inspection, 
analysis, auditing and decision- making responsibilities have sufficient expertise to successfully 
perform the duties assigned and to comply with and implement the requirem ents of the Act and 
this Chapter.  Animal Confinement Adopt  Text  Page 53 
 (2) Administrative policies and procedures.  
(A) A copy of the procedures to be used to evaluate certification applicants, make 
certification decisions, and issue certificates ;  
(B) A copy of the procedures to be used for reviewing and investigating certified 
operations compliance with the Act and this Chapter and the reporting of violations of the Act 
and this Chapter to the Department; and  
(C) A copy of the procedures to be used for complying with the recordkeeping 
requirements set forth in section 1326.10(a)(6)  of this Article . 
(3) Conflicts of interest.  A copy of procedures to be implemented to prevent the 
occurrence of conflicts of interest, as described in section 1326.10(a)(8)  of this Article .  
(4) Other information.  Any other information the applicant believes may assist in the 
Department’s evaluation of the applicant's expertise and ability.  
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990 and  
25991, Health and Safety Code.  
 
Section 1326.14.   Granting Accreditation.  
(a) Accreditation will be granted when:  
(1) The accreditation applicant has submitted the information required by sections 
1326.12 and 1326.13  of this Article ; and  
(2) The Department determines that the applicant for accreditation meets the 
requirements for accreditation as stated in section 1326.10  of this Article , as determined by a 
review of the information submitted in accordance with sections 1326.12 and 1326.13 of this  
Article and, if necessary, a review of the information obtained from an on -site inspection as 
provided for in section 1326.16 of this Article .  
(b) On making a determination to approve an application for accreditation, the 
Department will notify the appli cant of the granting of accreditation in writing, stating:  
(1) The area(s) for which accreditation is given;  
(2) The effective date of the accreditation;  and 
(3) The date of expiration of the accreditation.  
(c) The accreditation of a certifying agent shall continue in effect until such time as the 
certifying agent fails to renew accreditation as provided in section 1326.17 (c) of this Article , the 
certifying agent voluntarily ceases its certification activities, or accreditation is suspended or 
revoked pursuant to section 1326.21  of this Article .  Animal Confinement Adopt  Text  Page 54 
 Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990 and  
25991, Health and Safety Code.  
 
Section 1326.15.   Denial of Accreditation.  
(a) If the Department has evidence, based on a review of the information specified in 
sections 1326.12 and 1326.13 of this Article or after an  on-site inspection  as specified in section 
1326.16, that an applicant for accreditation is not able to comply or is not in compliance with the 
requirements of the Act and this Chapter, the Department shall provide a written notification of 
noncompliance to the applicant.  Such notification shall provide:  
(1) A description of each noncompliance;  
(2) The facts upon which the notification of noncompli ance is based; and  
(3) The date by which the applicant must rebut or correct each noncompliance and 
submit supporting documentation of each such correction when correction is possible.  
(A) This date will be determined by the Department based on the natur e of the 
noncompliance and an estimated reasonable time for the applicant to come into compliance 
with the Act and this Chapter.  
(b) When each noncompliance has been resolved, the Department will send the 
applicant a written notification of noncompliance r esolution and proceed with further processing 
of the application.  
(c) If an applicant fails to correct the noncompliances, fails to report the corrections by 
the date specified in the notification of noncompliance, fails to file a rebuttal of the notification of 
noncompliance by the date specified, or is unsuccessful in its rebuttal, the Department will 
provide the applicant with written notice  of accreditation denial.   An applicant who has received 
written notice of accreditation denial may apply for accreditation again at any time in accordance 
with sections 1326. 12 and 1326. 13 of this Article or request a formal hearing pursuant to section 
1327.2 of this Chapter  within 30 calendar days  of the notice of denial .  
(d) If the certifying agent was accredi ted prior to an on-site inspection  and the on-site 
inspection reveals issues of noncompliance, the Department will begin the noncompliance 
procedures for accredited certifying agents according to section 1326.21 of this Article.   
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990 and  
25991, Health and Safety Code.  
 
Section 1326.16.  Certifying Agent  On-site Inspections . Animal Confinement Adopt  Text  Page 55 
 (a) In order to receive and maintain accreditation, an accredited certifying agent must 
allow on-site inspections  for the purpose of examining the certifying agent's operations and 
records to  evaluat e its compliance with the Act and this Chapter.   On-site inspections  shall 
include a review of the certifying agent's certification procedures, facilities, administrative and 
management systems for production or distribution operations certified by the certifying agent.  
On-site inspections  shall be conducted by a represent ative(s) of the Department.  
(b) An initial on- site inspection of an accreditation applicant may, at the discretion of the 
Department, be conducted before or after issuance of the applicant's “ notice of accreditation.”  
An on-site inspection  shall be conducted after application for renewal of accreditation,  but prior 
to the issuance of a notice of renewal of accreditation.  One or more on-site inspections  will be 
conducted during the period of accreditation to determine whether an accredited certifying agent 
is complying with the requirements set forth in section 1326.10 of this Article .  
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990 and 
25991, Health and Safety Code.  
 
Section 1326.17.  Annual Report, Recordkeeping, and Renewal of Accreditation.  
(a) Annual report .  An accredited certifying agent must submit annually to the 
Department, on or before January 30, the following reports:  
(1) A complete and accurate update of information submitted pursuant to sections 
1326.10(a)(10)(B), 1326.12 and 1326.13 of this Article ;  
(2) Information supporting any changes being requested in the areas of accreditation 
described in section 1326.9 of this Article ; and 
(3) A description of the measures implemented in the previous year and any measures 
to be implemented in the coming year to satisfy any terms and conditions determined by the 
Department to be necessary, as specified in the most recent on- site inspection report .  
(b) Recordkeeping.  Accredited privat e certifying agents must maintain records 
according to the following schedule:  
(1) Records obtained from applicants for certification and certified operations must be 
maintained for not less than three ( 3) years beyond their receipt;  
(2) Records created by the certifying agent regarding applicants for certification and 
certified operations must be maintained for not less than three ( 3) years beyond their creation; 
and  Animal Confinement Adopt  Text  Page 56 
 (3) Records created or received by the certifying agent pursuant to  the accreditation 
requirements of this Article, must be maintained for not less than three ( 3) years beyond their 
creation or receipt.  
(c) Renewal of accreditation.  
(1) An accredited certifying agent's application for accreditation renewal must be 
recei ved at least  six (6) months prior to the fifth anniversary of issuance of the notice of 
accreditation and each subsequent renewal of accreditation.   
(2) Following receipt of the information submitted by the certifying agent in accordance 
with (a) of this section and the results of an  on-site inspection, the Department will determine 
whether the certifying agent remains in compliance with the Act and this Chapter and should 
have its accreditation renewed.  
(3) Valid accreditation shall remain in effect pending review and approval by the 
Department, provided the application for renewal is received by the required deadline in (c)(1) of 
this section.  
(4) Certifying agents with an expired accreditation shall not perform certification activities 
under the Act and this Chapter.  
(d) Notice of renewal of accreditation.  Upon a determination that the certifying agent is 
in compliance with the Act and this Chapter , the Department will issue a notice of renewal of 
accreditation according to 1326.14(b) of this  Article .  
(e) Notice of denial of renewal of accreditation.   If the certifying agent is found not to be 
in compliance with the Act and this Chapter, and the accreditation has expired, the Department 
will issue a notice of denial of renewal and include reason(s) why renewal was denied and 
corrective actions to be taken by the certifying agent before applying again according to  
sections 1326.12 and 1326.13 of this Article.   A notice of denial of renewal of accreditation can 
be appealed by request ing a formal hearing pursuant to section 1327.2 of this Chapter within 30 
calendar days  of the notice of denial . 
(f) Noncompliance.   Upon a determination that the certifying agent is not in compliance 
with the Act and this Chapter, and the accreditation has not expired, the Department will initiate 
proceedings to suspend or revoke the certifying agent's accreditation  as described in se ction 
1326.21 of this Article.  
(g) Amending accreditation.  Amendment to scope of an accreditation may be requested 
at any time.   The application for amendment shall be provided by  the Department and shall 
contain information applicable to the requested c hange in accreditation, and a complete and Animal Confinement Adopt  Text  Page 57 
 accurate update of the information submitted pursuant to sections 1326.12 and 1326.13 of this 
Article . 
(h) Any change in ownership, change of business name, change in business location, 
closure of business, or change of name, address, phone number or email of person authorized 
to act on behalf of the accredited certifier must be reported to the Department within 30  calendar  
days of such change.  
Note: Authority cited: Section 25993, Health and Safety  Code. Reference: Sections 25990 and  
25991, Health and Safety Code.  
 
Section 1326.18. General Compliance.   
(a) As a condition of certification and accreditation as a private certifying agent, the 
Department may inspect and review certified production and distribution operations and 
accredited certifying agents that are private entities for compliance with the A ct or this Chapter.  
(b) The Department may initiate suspension or revocation proceedings against a 
certified operation as described in section 1326.20 of this Article:  
(1) When the Department has determined a certified operation has violated or is not in 
compliance with the Act or this Chapter; or  
(2) When a certifying agent , other than the Department,  has failed to take appropriate 
action to enforce the Act or this Chapter.  
(c) The Department may initiate suspension or revocation of a private certifying agent's 
accreditation,  as described in section 1326.21 of this  Article, if the certifying agent that is a 
private entity fails to meet, conduct, or maintain accreditation requirements pursuant to the Act 
or this Chapter.  
(d) Each notification of noncompliance, rejection of mediation, noncompliance resolution, 
proposed suspension or revocation, and suspension or revocation issued pursuant to sections 
1326.20, 1326.21, and  1327. 3 and each response to such notification must be sent in writing  to 
the recipient.  
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990 and  
25991, Health and Safety Code.  
 
Section 1326.19.   Investigation of Certified Operations.  
A certifying agent shall report to the Department complaints of noncompliance with the 
Act or this Chapter concerning production and distribution operations certified as compliant with 
the Act and this Chapter by the certifying agent.   The Department may at its discretion Animal Confinement Adopt  Text  Page 58 
 investigate complaints of noncompliance with the Act and require additional inspections by a 
certifying agent.  
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990 and  
25991, Health and Safety Code.  
 
Section 1326.20.  Noncompliance Procedure for Certified Operations.  
(a) Notification.  When an inspection, review, or investigation of a certified operation by a 
certifying agent reveals any noncompliance with the Act or regulations in this Chapter, a written 
notification of noncompliance shall be sen t by the certifying agent to the certified operation. 
Such notification shall provide:  
(1) The date issued;  
(2) A description of each noncompliance;  
(3) The facts upon which the notification of noncompliance is based; and  
(4) The date by which the certi fied operation must rebut or correct each noncompliance 
and submit supporting documentation of each such correction when correction is possible.  
(b) Resolution.  When a certified operation demonstrates that each noncompliance has 
been resolved  within the prescribed  time period , the certifying agent shall send the certified 
operation a written notification of noncompliance resolution.  
(c) Proposed suspension or revocation.   When rebuttal is unsuccessful or correction of 
the noncompliance is not completed within the prescribed time period, the certifying agent shall 
send the certified operation a written notice  of proposed suspension or revocation of certification 
of the entir e operation or a portion of the operation, as applicable to the noncompliance.   When 
correction of a noncompliance is not possible, the notification of noncompliance and the notice 
of proposed suspension or revocation of certification may be combined. The notice of proposed 
suspension or revocation of certification shall state:  
(1) The date the proposed suspension or revocation was issued ;  
(2) The reasons for the proposed suspension or revocation;  
(3) The effective date of proposed suspension or revocation;  
(A) The number of days from date of the notice  of proposed suspension or revocation 
and effective date of suspension or revocation is 30 calendar days;  
(4) The impact of a suspension or revocation on future eligibility for certif ication  including 
conditions for reinstatement ; and  Animal Confinement Adopt  Text  Page 59 
 (5) The right to request mediation pursuant to section 1327. 3 of this Chapter or to 
request a formal hearing pursuant to  section 1327.2 of this C hapter within  30 calendar d ays of 
the date the proposed suspension or revocation was issued.    
(6) The certifying agent and the Department shall not issue a notice of suspension or 
revocation while the outcome from mediation or a formal hearing is pending.  
(d) Willful violations.  Notwiths tanding (a) of this section, if a certifying agent has 
evidence that a certified operation has willfully violated the Act or this Chapter, the certifying 
agent shall send the certified operation a notice of proposed suspension or revocation of 
certificatio n of the entire operation or a portion of the operation, as applicable to the 
noncompliance.  
(e) Suspension or revocation.  
(1) If the certified operation fails to correct the noncompliance according to the 
prescribed  time period , to resolve the issue through rebuttal or mediation, or to request a formal 
hearing of the proposed suspension or revocation of certification before the suspension or 
revocation goes into effect , the certifying agent shall send the certified operation a w ritten notice  
of suspension or revocation.  
(2) A certifying agent must not send a notice of suspension or revocation to a certified 
operation that has requested mediation pursuant to section 1327. 3 of this Chapter or a formal 
hearing pursuant to section 1327.2 of this Chapter , while final resolution of either is pending.  
(f) Eligibility.  
(1) A certified operation whose certification has been suspended under section 1326.20 
of this Article may at any time, unless otherwise stated in the notice  of suspension, submit a 
request to the Department for reinstatement of its certification.  The request must be 
accompanied by evidence demonstrating correction of each noncompliance and corrective 
actions taken to comply with and remain in compliance with the Act and this Chapter.  
(2) A certified operation or a person responsibly connected with an operation whose 
certification has been revoked under section 1326.20 of this Article  will be ineligible to receive 
certification for a period of two ( 2) years following the date of such revocation.  
(g) Notwithstanding (a) through (e) of this section, if the certifying agent is a government 
entity other than the Department, the noncompliance procedures for certified operations 
established under the author ity of that government entity may be followed in lieu of sections 
1326.20(a) through (e)  of this Article .  
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990 and  
25991, Health and Safety Code.  Animal Confinement Adopt  Text  Page 60 
  
Section 1326.21 .  Noncompliance Procedure for Accredited Certifying Agents.  
(a) Notification.  When an inspection, review, or investigation of an accredited certifying 
agent by the Department reveals any noncompliance with the Act or this Chapter, a written 
notification of noncompliance shall be sent by the Department to the certifying agent.   Such 
notification shall provide:  
(1) A description of each noncompliance;  
(2) The facts upon which the notification of noncompliance is based; and  
(3) The date by which the certifying agent must rebut or correct each noncompliance and 
submit supporting documentation of each correction when correction is possible.  
(A) This date  will be determined by the Department based on the nature of the 
noncompliance and an estimated reasonable time for the certifying agent to come into 
compliance with the Act and this Chapter.  
(b) Resolution.  When the certifying agent demonstrates that eac h noncompliance has 
been resolved  within the prescribed  time period , the Department shall send the certifying agent 
a written notification of noncompliance resolution.  
(c) Proposed suspension or revocation.  When rebuttal is unsuccessful or correction of 
the noncompliance is not completed within the prescribed time period, the Department shall 
send a written notice  of proposed suspension or revocation of accreditation to the certifying 
agent.  When correction of a noncompliance is not possible, the notification of noncompliance 
and the notice of  proposed suspension or revocation may be combined.   The notice of proposed 
suspension or revocation of accreditation shall state:  
(1) The date that the  proposed suspension or revocation was issued;  
(2) The reasons for the proposed suspension or revocation;  
(3) The effective date of the proposed  suspension or revocation;  
(A) The number of days from date of the notice  of proposed suspension or revocation 
and effective date of suspension or revocation is 30 calendar days;  
(4) The impact of a suspension or revocation on future eligibility for accreditation 
including conditions for reinstatement ; and  
(5) The right to request  a formal hearing pursuant to section 1327.2 of this Chapter  
within  30 calendar days from the date that the proposed suspension or revocation was issued .   
(6) The Department shall not issue a notice of suspension or revocation while the 
outcome of a formal hearing is pending.  Animal Confinement Adopt  Text  Page 61 
 (d) Willful violations.  Notwithstanding paragraph (a) of this section, if the Department 
has evidence that a certifying agent has  willfully violated the Act or this Chapter , the Department 
shall send a written notice of proposed suspension or revocation of accreditation to the 
certifying agent.  
(e) Suspension or revocation.  When the accredited certifying agent fails to correct the 
issues of noncompliance as described in the proposed suspension or revocation,  or fails to 
request  a formal hearing of the proposed suspension or revocation of accreditation within 30 
calendar days  from the date the proposed suspen sion or revocation was issued, the 
Department shall send a written notice of suspension or revocation of accreditation to the 
certifying agent.  
(f) Cessation of certification activities.  A certifying agent whose accreditation is  
suspended or revoked must:  
(1) Cease all certificatio n activities under this Chapter in each area of accreditation and 
in each s tate for which its accreditation is suspended or revoked ; and  
(2) Transfer to the Department all records concerning its certification activities that were 
suspended or revoked.  
(g) Eligibility.  
(1) A certifying agent whose accreditation is suspended by the Department under this 
section may at any time, unless otherwise stated in the notice  of suspension, submit a request 
to the Department for reinstatement of its accreditation.  The request must be accompanied by 
evidence demonstrating correction of each noncompliance and corrective actions taken to 
comply with and remain in compliance with the Act and this Chapter.  
(2) A certifying agent whose accreditation is revoked by the Department shall be 
ineligible to reapply to be accredited as a certifying agent under the Act and this Chapter  for two 
(2) years following the date of such revocation.  
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990 and  
25991, Health and Safety Code.  
 
Section 1326.22 .  Government Entity Providing Certification . 
(a) A government entity  acting as a certifying agent and  performing certification of 
producer or distribution operations for compliance with the Act and this Chapter may : 
(1) Register annually with the Department ; Animal Confinement Adopt  Text  Page 62 
 (2) Submit to the Department a copy of any notice of proposed suspension or  revocation 
of certific ation and notice  of suspension and revocation of certification sent pursuant to section 
1326.20 of this Article;  and 
(3) Submit to the Department a list, on January 30  of each year, the name, address, and 
phone number of each operation granted initial certification pursuant to section 1326.6 of this 
Article and an updated certification pursuant to section 1326.8 of this Article, during the 
preceding year.   
(b) For issues of certifying agent  noncompliance, the Department will use substantially 
equivalent procedures to section 1327. 3 of this Chapter  to resolve any noncompliance in a 
government entity’s  certification activities under this Chapter, and if the government entity  fails 
to correct such noncompliance, to notify the government entity  that the Department will no 
longer accept its certifications for compliance with the Act and this Chapter.  
Note:  Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990 and 
25991, Health and Safety Code.  
 
Article 6. Hearings  and Mediation.  
 
Section 1327. 1. Seizure or Holding of Covered Product  Informal Hearing Procedures . 
(a) A respondent may request an informal hearing to contest a notice of adverse 
determination that seizes or places a hold on covered product pursuant to sections 1320.7, 
1321.7, and 1322.7 of this Chapter .  
(b) The request for an informal hearing shall be submitted to the Department by 
electronic mail, facsimile, or by phone within three (3) business days from the date of receipt of 
the notice of adverse determination.  
(c) The notice of adverse determination  shall remain in effect pending the outcome of the 
informal hearing.  
(d) Hearings conducted under this section shall be held within three (3) business days 
after the Department receives the request for an informal hearing.  
(e) The informal hearing shall be presided over and conducted by a Hearing Officer 
designated by the Secretary.  
(f) The standard of proof to be applied by the Hearing Officer shall be preponderance of 
the evidence unless statutes or regulations applicable to the determination provide a hi gher 
standard.  
(g) A teleconference line shall be made available at every hearing.  Animal Confinement Adopt  Text  Page 63 
 (h) Hearings shall be recorded by the Department.   A transcript of the recording or an 
electronic copy of the recording shall be provided to any interested party upon written request.  
(i) The decision of the Hearing Officer shall be in writing, issued within three (3) business 
days after the conclusion of  the hearing, and shall be effective immediately upon issuance.  
(j) The decision shall be served on the respondent by U.S. Mail or, if available, by 
electronic mail.  
(k) The respondent may appeal the Hearing Officer's decision and order by filing a 
petitio n for a writ of administrative mandamus in accordance with section 1094.5 of the Code of 
Civil Procedure.  
Note: Authority cited: Section 25993, Health and Safety Code and section 11400.20, 
Government Code. Reference: Sections 11445.30, 11445.40, 11445.50, and 11445.60, 
Government Code and sections 25990, 25991, and 25992, Health and Safety Code.  
 
Section 1327.2.  Formal Hearing Procedures.  
(a) A respondent may request a formal hearing  to contest a notice of adverse 
determination pursuant to sections 1320.9,  1321.9, 1322.9, 1326.7, 1326.15, 1326.17, 1326.20, 
and 1326.21 of this Chapter.  
(b) The request for a formal hearing shall be made by written correspondence to the 
California Department of Food and Agriculture, Legal Office of Hearings and Appeals, 1220 N 
Street, Suite 315, Sacramento, California 95814.   
(c) Formal hearings shall be conducted in accordance with the provisions of Chapter 5 
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.  
(d) The notice of adverse determination shall remain in effect pending the outcome of a  
formal hearing.  
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Chapter 5 
(commencing with Section 11500) , Government Code and Sections 25990 and 25991, Health 
and Safety Code.   
 
Section 1327. 3.  Mediation.  
(a) Mediation may be requested for adverse actions that include denial of certification 
under section 1326.7 or any proposed suspension or revocation or noticed suspension or 
revocation of certification under section 1326.20.  Animal Confinement Adopt  Text  Page 64 
 (b) Any request for m ediation shall be requested in writing to the applicable certifying 
agent  within 30 calendar days of the date a denial of certification,  proposed suspension or 
revocation , or noticed suspension or revocation of certification  was issued .  
(c) The certifying agent may accept or reject the request for mediation of an adverse 
action.  
(1) If the certifying agent rejects the request for mediation, the certifying agent shall 
provide written notification to the applicant for certification or certified operation of the rejection. 
The written notification shall advise the applicant for certification or certified operation of the 
right to request an appeal  of the proposed adverse action, pursuant to section 1326.2 of this 
Chapter  within 30  calendar  days of the date of the written notification of rejection of the request 
for mediation.  
(2) If the certifying agent accepts the request for mediation,  certifying agent sha ll provide 
written notification to the applicant or certified operation of the acceptance.  
(d) The mediation shall be conducted by a qualified mediator mutually agreed upon by 
the parties to the mediation.  
(e) The parties to the mediation shall have no more than 30 calendar  days to reach an 
agreement following a mediation session.  If mediation is unsuccessful, the applicant for 
certification or certified  operation shall have 30 calendar  days from termination of mediation to 
appeal the certifying agent's decision to deny, suspend,  or revoke certification pursuant to 
section 1327.2 of this Chapter .  
(f) Any agreement reached during or as a result o f the mediation process shall be in 
compliance with the Act and this Chapter.  
(g) If the certifying agent is an  out-of-state government entity, the mediation procedures 
established under the authority of that government entity may be followed in lieu of this section.  
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990 and 
25991, Health and Safety Code.  
 
*  *  *