TITLE 3.  FOOD AND AGRICULTURE  
SECOND 15 -DAY NOTICE OF MODIFIED TEXT  
RELATING TO ANIMAL CONFINEMENT  
 
 
NOTICE IS HEREBY GIVEN  that the Department of Food and Agriculture (Department), 
Animal Care Program , pursuant to the requirements of Government Code section 11346.8(c) 
and section 44 of Title 1 of the California Code of Regulations (CCR), proposes to modify the 
text of the regulations in sections 1320, 1320.1, 1320.2, 1320.4, 1320.5, 1320.7, 1320.8, and 
1320.9 of Article 1; 1321, 1321.2, 1321.4, 1321.5, 1321.7, 1321.8, and 1321.9 of Article 2;  
1322, 1322.1, 1322.2, 1322.4, 1322.5, 1322.7, 1322.8, and 1322.9 of Article 3; 1324 of Article 
4; 1326.1, 1326.3, 1326.12, 1326.13, 1326.15, 1326.17, and 1326.21 of Article 5, Chapter 10, 
Division 2, of Title 3 of the CCR.   
 The proposal  pertains  to the action  described in the Informative Digest  published in the 
California Regulatory  Notice Register on May 28, 2021 [Notice File No. Z 2021- 0518 -22, 
Register 2021, No. 22- Z], relating to the Department's proposed regulations 
to implement, 
interpret, or make specific the requirements relating to the confinement of egg- laying hens , veal  
calves, and breeding pigs, and/or selling specified whole veal meat, whole pork meat, shell eggs, and liquid eggs in California in accordance with sections 25990, 25991, 25992, 25993.1, 
and 25994 of the Health and Safety Code.  
The proposed modifications are necessary to 
further clarify the intent of the regulatory text and to make the requirements consistent throughout the Chapter.  All documents which are being incorporated by reference into modified proposed text were listed in the original Notice File
 under Materials Relied Upon 
(page 6), their necessity was described in the Initial Statement of Reasons  under each 
section where documents are referenced, and have been available to the public upon 
request.  No new documents of reference are included in this modified proposed text.  
 
The Department will accept written comments on the proposed changes between Friday 
June 10, 2022  and Friday June 24, 2022  by mail or by email to:   
 
Dr. Elizabeth Cox, Program Manager  
Department of Food and Agriculture  
Animal Care Program  
1220 N Street, Sacramento, CA 95814  
Telephone (916) 900- 5000  
E-mail: animalcare@cdfa.ca.gov  
  
All comments received by June 24, 2022  and pertaining to the indicated changes will be 
reviewed and responded to by the Department as part of the compilation of the final rulemaking 
file. Please limit your comments to the modifications to the text.  
 
Website Access:  Materials regarding this proposal can be found by accessing the following 
Internet address: http://www.cdfa.ca.gov/ahfss/regulations.html    
  
Dated:  June 9, 2022  
 
 
 
 Animal Confinement Second Modified Text  Page 2 
 DEPARTMENT OF FOOD AND AGRICULTURE  
ANIMAL HEALTH AND FOOD SAFETY SERVICES 
PROPOSED REGULATIONS 
ANIMAL  CONFINEMENT  
 
PROPOSED SECOND MODIFIED TEXT   
 
 
• Original proposed text -  single underline.   
• Proposed modified text - added text in double underline and deleted text in strikethrough.  
• Proposed second modified text - added text in bold underline  and deleted text in bold 
strikethrough .   
 
 
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 eg g-
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, offer for sale, expose for sale, possess for sale,  exchange, barter, 
trade , transfer title or  possession, or otherwise  distribute , conditional or otherwise,  in California 
commerce including, but not limited to, transactions by a retailer with a consumer and electronic Animal Confinement Second Modified Text  Page 3 
 transactions made using the internet. It shall not include any of the following transactions or 
transfers of possession, which a pply 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 for human consumption 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 Egg Products  establishment number  (prefix “G”) 
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 shell eggs or liquid eggs which ta kes place on tribal lands located within 
the state; or  
(3)(4) Donations to religious, charitable, scientific, educational, or other  nonprofit 
organizations that have a tax exemption under section 501(c)(3) of the Internal Revenue Code 
(26 U.S.C. ).    
(4) The exception to definition of commercial sale applies only to a  specific transaction  
listed  above, not to the covered product itself , and therefore does not apply to all subsequent  
sales of shell eggs or  liquid eggs.  
(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 Arti cle, for the sole purpose of 
their own family  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 cooked 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 sale 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 Agricultu re. 
(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 Animal Confinement Second Modified Text  Page 4 
 receive, hold, and dispose of the document and the shell eggs or liquid egg s 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 l iquid 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 pursuant to section 25991(g) of the Health 
and Safety Code .  For purposes of this subsection and this Article, an 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 
plant under mandatory  inspectedion  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 that were purchased or 
received from an egg distributor ; 
(3) A food processing facility or cottage food operation that receives shell eggs or liquid 
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) “Enforcement officer” means any of the following:  
(1) Persons employed by and under the supervision and control of the Department ; or Animal Confinement Second Modified Text  Page 5 
 (2) Persons employed by and under the supervision and control of the Department of 
Public Health.  
(q)(p) “Flavoring” for purposes of section 25991(l) 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, 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 
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 . 
(r)(q) “Food facility” means a facility as defined in section 113789 of the Health and 
Safety Code.  
(s)(r) “Food processing facility” means a facility as defined in section 109947 of the 
Health and Safety Code.  
 (t)(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 i n the shell, 
hardboiled,  or otherwise cooked in whole form, peeled, co- packaged with other foods, or 
subsequently sold sliced, chopped,  or otherwise cut.  
 (u)(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 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 ; Animal Confinement Second Modified Text  Page 6 
 (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 2021), 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 sugar, 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 . 
(v)(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 Food and Agriculture, the Department of Public Health, or the 
Department.  
(w)(v) “Person” means any individual, firm, partnership, joint venture, association, limited 
liability company, corporation, estate, trust, receiver, or syndicate.  
(x) “Principal display panel” means that part of a label that is most likely to be displayed, 
presented, shown, or examined under customary conditions of display for retail sale . 
(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.  
(y)(x) “Retailer” means a facility  location that conducts commercial sales of shell eggs or 
liquid eggs to a consumer.    
(z)(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 Animal Confinement Second Modified Text  Page 7 
 Part 184 of Title 21 of the Code of Federal Regulations  (April 2021), hereby incorporated by 
reference . 
 (aa)(z) “Shell egg” means a whole egg of an egg- laying hen in its shell form, intended for 
use as human food pursuant to section 25991(p) of the Health and Safety Code.  
 (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) “Us eable floorspace” means the total square footage of floorspace provided t o 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 C ode; Title 21, Part 101, section 
101.3, Part 160, sections 160.105, 160.110, 160.115, 160.145, 160.150, 160.180, 160.185, 
and 160.190 , Part 172, sections 172.510 and 172.515(b), Part 182,  sections 182.10, 182.20, 
182.40, 182.50 , and Part 184, Code of Feder al Regulations; Egg Products Inspection Act, 
21 U.S.C. section 1031 et seq. ; and Internal Revenue Code, 26 U.S.C. section 501(c)(3) .  
 
Section 1320.1.   Egg-laying Hen Confinement.  
(a) No egg producer or egg distributor  person  shall knowingly sell or contract to sell  
engage in a commercial sale within the state a  of shell eggs or liquid eggs for human 
consumption food if it is the product of an egg- laying hen that was confined in an enclosure that 
fails to comply with all of the following standards:  
(1) Prior to January 1, 2022, an enclosure shall provide a minimum of 144 square inches 
of usable floorspace per hen;  The enclosure shall allow the egg -laying hen to lie down, stand 
up, fully extend limbs, and turn around freely.  
(2) Commencing January 1, 2022 After December 31, 2021 , aAn 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 ; Animal Confinement Second Modified Text  Page 8 
 (B) The enclosure shall provide enrichments that allow hens to exhibit natural behaviors, 
including, at a minimum, scratch areas, perche s, 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 fFlocks :  Guidelines for Cage- Free Housing, hereby incorporated 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 platform s 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 usable floorspace per hen in systems that provide hens with 
access to verti cal 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) For purposes of this section “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.  Usable floorspace shall include both ground- space and 
elevated level flat platforms upon which hens can roost but shall not include perches or ramps ; 
and 
(4)(3) Exceptions as to the requirements of this section are  specified in section 25992 of 
the Health and Safety Code and Article 4 of this Chapter  apply to the requirements of this 
section.  
(b) Commencing January 1, 2023 4, any person engaged in business in this  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.  Animal Confinement Second Modified Text  Page 9 
 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.  
 (a) Commencing January 1, 2023,  Aany in-state or out -of-state  person engaged in 
business  a commercial sale  into or within  this the state as an egg distributor , or any out -of-state 
egg distributor  conducting commercial  sales of shell eggs or liquid eggs into California for 
purposes of human food use in the state , shall hold a valid  regist eration  with the Department 
pursuant to this Article.  
(b) Any person required to register ing pursuant to this section shall submit an application 
for registration provided by the Department including 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 and 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 
business  calendar  days of such change.  
 (g) All information set forth on applications for registrations and renewals for 
registrations, including but not lim ited to any documentation of certification required by (j)(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.  
 (h)(i) Every registration expires 12 months from the date of issue.  Animal Confinement Second Modified Text  Page 10 
  (i)(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 was conducted in accordance with the requirements of this Article and 
sections 25990 and 25991 of the Health and Safety Code during the preceding 12 months 
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.  
(j)(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 faci lity location for which a valid certification required by this section has 
not been submitted to the Department.  
(k)(m) Notwithstanding the requirements of (j) of this section, a registration may be 
granted prior to January 1, 2023  to an  egg distributor  that submits a self-certifi cation  to the 
Department that the For purposes of the valid certification required in (j)(l)  of this section, a self -
certification by an egg distributor  that they  compl iesy 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.  
(l)(n) This section shall not apply to a facility that is aA n official plant under mandatory  
inspect edion  under the federal Egg Products Inspection Act (21 U.S.C. Sec. 1031 et seq.)  and 
granted  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 and Egg Products Inspection Act, 21 U.S.C. section 1031 et 
seq. 
 
Section 1320.3.   Inspection and Audit of Registered Egg Distributor  Facilities.  
 (a) Every person required to be 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 Animal Confinement Second Modified Text  Page 11 
 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 and Labeling Requirements.  
(a) Shipping Documents . 
 (1) Prior to January 1, 2022, all documents of title, shipping invoices, bills of lading, and 
shipping manifests for all shipments of shell eggs and liquid eggs entering the state or 
transported within the state for commercial sale in California shall include the statement 
“California 144 Compliant” and may be abbreviated to read “CA 144”.  The statement “CA SEFS 
Compliant” may be used as an alternative statement prior to January 1, 2022, provided the shell 
eggs are produced in compliance with section 1350 of Title 3 of the California Code of 
Regulations and are certified under the Department’s Egg Safety and Quality Management 
Program.  The statement shall be legible and plainly printed or stamped.  
(2)(1) Commencing January 1, 2022, aA ll documents of title , shipping invoices, bills of 
lading,  and shipping manifests for all shipments of shell eggs and  or liquid eggs entering the 
state or transported within the state for commercial sale in California shall include the statement 
“CA Cage Free” or “Cage Free CA ”  ”Egg CA Prop 12 Compliant” .  The statement shall be 
legible and plainly printed or stamped.  
(3)(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 
exclu sively for purposes of transshipment , or export , donation,  for human consumption outside 
of the state  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 “Not for California Consumption” or “Not for California Sale”  “For 
Export”, “For Trans shipmen port”, or “Not Prop 12 Compliant” .  The statement  shall be legible 
and plainly printed or stamped.  
(4)(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 holding s 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. Animal Confinement Second Modified Text  Page 12 
 1031 et seq.) and being transported to another official plant in California under mandatory 
inspection and that holding s 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) Con tainers . Commencing July 1, 2022, the principal display panel for each container 
of all shell eggs for commercial sale, or destined for commercial sale, in California shall contain 
the statement “CA Cage Free” or “Cage Free CA”.  The statement shall be clearly legible, 
without obscuring designs, vignettes or crowding, and be plainly printed, stamped or marked in 
letters not less than ¼ inch in height . 
(c)(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) and (b)  
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 shel l eggs or liquid eggs 
were produced in compliance with section 25991 of the Health and Safety Code and this Article.  
(d)(c) Commencing January 1, 2022,  nNo person shall label, identify, 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.  
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990 and 
25991, Health and Safety Code and Egg Products Inspection Act, 21 U.S.C. section 1031 et 
seq. 
 
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 applicable recordkeeping requirements described in section 1326.2 of this 
Chapter.  Animal Confinement Second Modified Text  Page 13 
 (c) Records shall document in a traceable manner that shell eggs and  or liquid eggs 
being distributed for commercial sale into or within California originate from egg producers that 
are in compliance wi th 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 and  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 .  
(f) This section shall not apply to 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 Egg Products establishment number (prefix “G”) granted by the Food S afety 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 and Egg Products Inspection Act, 21 U.S.C. section 1031 et 
seq. 
 
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 other enforcement officer, and/or  a 
certifying agent, access to ins pect 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 an enforcement officer  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 , or other enforcement officer in California,  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 labeling and marking  shipping document  requirements 
specified in section 1320.4 of this Article .    
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990, 
25991,  and 25992 , Health and Safety Code.  Animal Confinement Second Modified Text  Page 14 
  
Section 1320.7 .  Tagging and Seizure  of Shell Eggs or Liquid Eggs . 
(a) The Department or other enforcement officer  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 thi s Article ,.  When a warning tag or notice is issued, the 
Department shall and may 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 remov e a warning tag or notice from the place it is affixed except 
upon written permission or specific direction of the Department  or other enforcement officer . 
(c) An enforcement officer 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 or other enforcement officer 
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 offered for sale except under the specific directions of the Department or other 
enforcement officer .  
(e) A person may request an informal hearing to contest tagging , hold notice, or  seizure 
of shell eggs or liquid eggs purs uant 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 Second Modified Text  Page 15 
 (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 Inspection Act (21 U.S.C. Sec. 1031 et seq.) , and that 
holds an Egg Products  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 and or liquid  eggs  for 
each sales transaction.  
(3) Make the records required by this section available on- site for inspection by the 
Department and other state or local health agencies  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 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 Egg Products  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 and Egg Products Inspection Act, 21 U.S.C. section 1031 et 
seq. 
 
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) Repetitive failure to comply  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;  Animal Confinement Second Modified Text  Page 16 
 (3) Refusal to grant access for, or interference with, inspections or audits as described in 
sections 1320.3 or 1320.6 of  this Article ; 
(4) Misrepresenting 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 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 p ursuant 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.  
(b)(c) A person may appeal the Department's decision to refuse to issue,  or to deny , 
suspend,  or revoke  an application or renewal of a registration certificate  by requesting a formal 
hearing pursuant to Chapter  5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 
of the Government Code  section 1327.2 of this Chapter  within 30 calendar days  of the date of 
the notice of denial .  
(c) The Department’s decision to deny , suspend , or revoke  a registration shall remain in 
effect pending the outcome of an  appeal process.  
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990,  
25991, and 25992, Health and Safety Code.  
 
Section 1320. 10.  Registration with the California Department of Public Health.  
(a) Notwithstanding section 1320.2  of this Article , any person operating a food 
processing establishment in California shall also register with the California Department of Animal Confinement Second Modified Text  Page 17 
 Public Health pursuant to section 110460 of the Health and Safety Code.  The registration 
requirement applies to all forms of process ed eggs.   
(b) Evidence of this registration shall be provided to the Department or its designee upon 
request.  
Note: Authority cited: Sections 25993 and 110065, Health and Safety Code. Reference: 
Sections 25990, 25991, 109875, 109935, 110045, and 110460, H ealth and Safety Code.  
 
Article 2. Veal  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, 
packaging, distribution,  and sale of whole veal meat that was derived from a veal  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.  
(cd) “Certified o peration” means as defined in section 1326(e) of this C hapter.  
(de) “Certifying agent” means as defined in section 1326(f) of this Chapter.  
(ef) “Commerci al sale” for purposes of section 25991(o) of the Health and Safety Code 
and this Article means to sell, offer for sale, expose for sale, possess for sale,  exchange, barter, 
trade , transfer title or  profession possession , or otherwise 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 possessi on, 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 : Animal Confinement Second Modified Text  Page 18 
 (1) Whole veal meat produced outside of the state that enters and exits Cali fornia 
without additional processing or repackaging exclusively for purposes of transshipment or 
export for human consumption 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  
(3)(4) Donations to religious, charitable, scientific, educational, or other  nonprofit 
organizations that have a tax exemption under section 501(c)(3) of the Internal Revenue Code 
(26 U.S.C.).    
(4) The exception to definition of commercial sale applies only to a specific transaction 
listed above, not to the covered product itself, and therefore does not apply to all subsequent  
sales of whole veal meat.  
 (fg) “Consumer” means any person who purchases  whole uncooked  veal meat, as 
defined in section 25991(v) of the Health and Safety Code and this Article, for the sole purpose 
of their own family  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.  
(gh) “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.  
(hi) “Cottage food operation” means an establishment as defined in section 113758 of 
the Health and Safety Code.  
(ij) “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.  
(jk) “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 Animal Confinement Second Modified Text  Page 19 
 Standards Committee , hereby incorporated by r eference , but shall exclude any ground or 
otherwise comminuted meat products.     
(kl) “Department”  means the California Department of Food and Agriculture.  
(lm) “Document of title” means a document which in the regular course of business or 
financing is t reated 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 . 
(mn) “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.   
(no) “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 that was purchased or received 
from a veal distributor ;  
(3) A food processing facility or cottage fo od 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.  
(o) “Enforcement officer” means any of the following:  
(1) Persons employed by and under the supervision and control of the Department ; or 
(2) Persons employed by and under the supervision and control of the Department of 
Public Health.  
(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.  Animal Confinement Second Modified Text  Page 20 
 (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 activities undertaken by a producer, distributor, or certifying agent to comply with the Act 
and this Chapter.  
(v)(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.   
(w)(x) “Retailer” means a facility location that conducts commercial sales of whole veal 
meat to a consumer.  
(x)(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 pri mary 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 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 Animal Confinement Second Modified Text  Page 21 
 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 . 
(y)(aa) “Uncooked” means requiring cooking prior to human consumption.  
(bb) “Us eable 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 s hall also include ground -space for enclosures that are outdoor pens or pastures 
accessible at all times by all calves confined in the enclosure.  
(z)(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.  
   (aa)(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 permi t pursuant to section 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.  
(bb)(ee) “Whole veal meat” means , pursuant to section 25991(v) of the Health and 
Safety Code,  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, flavoring, preservatives, and similar meat additiv es.  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, preserv atives, 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; Title 9, Part 317, section 317.2(l), Part 
381, section 381.125(b), and Part 424, section 424.21(c), Title 21, Part 172, sections 172.510 Animal Confinement Second Modified Text  Page 22 
 and 172.515(b), Part 182,  sections 182.10, 182.20, 182.40, 182.50,  and Part 184, Code of 
Federal Regulations; Federal  Meat Inspection Act, 21 U.S.C. section 601 et seq. ; and 
Internal Revenue Code, 26 U.S.C. section 501(c)(3) .  
 
Section 1321.1.   Veal Calf Confinement.  
(a) No veal producer or veal distributor  person shall knowingly sell or contract to sell  
engage in a commercial sale within the state of  whole veal meat for human consumption 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.  
(1)(2) An enclosure shall provide a minimum of 43 square feet of usable floorspace per 
calf. 
(2) The amount of usable floorspace required by (a)(1) of this section 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.  For purposes of this section, floorspace shall also include 
ground- space for enclosures t hat are outdoor pens or pastures accessible at all times by all 
calves in the enclosure ; and 
(3) Exceptions as  to the requirements of this section are  specified in section 25992 of 
the Health and Safety Code and Article 4 of this Chapter  apply to the requi rements of this 
section.  
(b) Commencing January 1, 2023 4, any person engaged in business in this  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 use 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,  Aany in-state or out -of-state  person engaged in 
business  a commercial sale  into or within  this the state as a veal distributor , or any out -of-state 
veal distributor  selling whole veal meat into California for purposes of human food use in the 
state , shall  register  hold a valid registration  with the Department pursuant to this Article.  Animal Confinement Second Modified Text  Page 23 
 (b) Any person required to register ing pursuant to (a) of this section shall submit an 
application for registration provided by the Department including  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 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 
business  calendar  days of such change.  
 (g) All information set forth on applic ations for registrations and renewals for 
registrations, including but not limited to any documentation of certification required by (j)(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.  
 (h)(i) Every registration expires 12 months from the date of issue.  
 (i)(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 12 months  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 reg istration renewal, provided the application for 
renewal is received prior to expiration of current registration.  
(j)(l) An application to the Department by a veal distributor  for initial registration, or for 
purposes of renewal, shall be accompanied by doc umentation of valid certification pursuant to 
Article 5 of this Chapter for each location where registration is being sought.  A registration shall Animal Confinement Second Modified Text  Page 24 
 not be issued for any facility location for which the valid certification required by this section has 
not been submitted to the Department.   
(k)(m)  Notwithstanding the requirements of (j) of this section, a registration may be 
granted prior to January 1, 2023 to a veal distributor  that submits a self-certifi cation  to the 
Department that the For purposes of the valid certification required in (j)(l)  of this section, a self -
certification by a  veal distributor  that they  compl iesy 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 producers that comply with section 1321.1 of this Article, will be accepted by the 
Department prior to  January 1, 2024 .  
(l)(n) This section shall not apply to aAn 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 and Federal Meat Inspection Act (21 U.S.C. section 601 et 
seq.). 
  
Section 1321.3.  Inspection and Audit of Registered Veal Distributor Facilities.  
 (a) Every person required to be 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 , shipping invoices, bills of lading,  and shipping manifests for all 
shipments of whole veal meat entering the state or transported within the state for commercial 
sale in California shall include the statement “California 43+ Compliant” and may be abbreviated Animal Confinement Second Modified Text  Page 25 
 to read “CA 43+”  “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 , or export , donation , for human consumption outside of the state  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 statem ent “Not for California Consumption” or “Not for California Sale”  “For Export”, “For 
Transshipment”, or “Not Prop 12 Compliant” ; and . 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 
or outside of the state, under mandatory inspection and that holding s an es tablishment 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 entrance into the state and during transportation within the st ate, 
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: Sect ion 25993, Health and Safety Code. Reference: Sections 25990 and  
25991, Health and Safety Code and Federal Meat Inspection Act, 21 U.S.C. section 601 et 
seq. Animal Confinement Second Modified Text  Page 26 
  
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 appl icable 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.  
(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.  
(f) This section 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 granted an 
establishment number (prefix “M”) by the Food Safety Inspection Service of the United States 
Department of Agriculture.  
Note: Author ity cited: Section 25993, Health and Safety Code. Reference: Sections 25990 and 
25991, Health and Safety Code and Federal Meat Inspection Act, 21 U.S.C. section 601 et 
seq. 
 
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 other enforcement officer, and/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 an enforcement officer  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 , or other enforcement officer in California,  may deny entry to or 
order diversion from the state any vehicle or other conveyance transporting whole veal meat Animal Confinement Second Modified Text  Page 27 
 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 .  Tagging and Seizure  of Whole Veal Meat . 
(a) The Department or other enforcement officer  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  and may 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 from the place it is affixed except 
upon written permission or specific direction of the Department  or other enforcement officer . 
(c) An enforcement officer 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 or other enforcement officer  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  or other enforcement officer .  
(e) A person may request an informal hearing to contest tagging, hold 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.  Animal Confinement Second Modified Text  Page 28 
 (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  
possession, 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.) , grant ed 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.  
(3) Make the records required by this section available on- site for inspection by the 
Department and other  state or local health agencies  upon reques t. 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 veal meat end-user that is an 
establishment under mandatory  inspect edion  under the Federal Meat Inspection Act (21 U.S.C. 
Sec. 601 et seq.) and granted 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, Health and Safety Code. Reference: Sections 25990 and 
25991, Health and Safety Code and Federal Meat Inspection Act, 21 U.S.C. section 601 et 
seq. 
 
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;  Animal Confinement Second Modified Text  Page 29 
 (2) Repetitive failure to comply  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 with, 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 noti ce 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 
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.  
(b)(c) A person may appeal the Department's decision to refuse to issue, or to deny , 
suspend, or revoke  an application or renewal of  a registration certificate  by requesting a formal 
hearing pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 
of the Government Code  section 1327.2 of this Chapter  within  30 calendar days  of the date of 
the notice of denial .  
 (c) The Department’s decision to deny, suspend, or revoke a registration shall remain in 
effect pending the outcome of an appeal process.   
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990,  
25991,  and 25992,  Health and Safety Code.  
 
Section 1321.10 .  Registration with the California Department of Public Health.  Animal Confinement Second Modified Text  Page 30 
 (a) Notwithstanding section 1321.2  of this Article , any person operating a food 
processing establishment in California shall also register with the California Department of 
Public Health pursuant to section 110460 of the Health and Safety Code.  The registration 
requirement applies to all forms of process ed veal.   
(b) Evidence of this registration shall be provided to the Department or its designee upon 
request.  
Note: Authority cited: Sections 25993 and 110065, Health and Safety Code. Reference: 
Sections 25990, 25991, 109875, 109935, 110045, and 110460, H ealth 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 
immediate 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 , pursuant to section 25991(a) of the Health and Safety Code,  
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) “Certified 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 sell, offer for sale, expose for sale, possess for sale,  exchange, barter, 
trade , transfer  title or  possession, or otherwise  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 transaction listed below, not to the Animal Confinement Second Modified Text  Page 31 
 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 for human consumption 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 official establishment number  (prefix “M” ) granted by the Food 
Safety Inspection S ervice 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 
(3)(4) Donations to religious, charitable, scientific, educational, or other  nonprofit 
organizations that have a tax exemption under section 501(c)(3) of the Internal Revenue Code 
(26 U.S.C.).    
(4) The exception to definition of commercial sale applies only to a specific transaction 
listed above, not to the covered product itsel f, and therefore does not apply to all subsequent  
sales of whole pork meat . 
(g) “Consumer” means any person who purchases whole uncooked  pork meat, as 
defined in section 25991(u) of the Health and Safety Code and this Article, for the sole purpose 
of their own family  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 Animal Confinement Second Modified Text  Page 32 
 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.     
(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 receipt, 
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 fu rther distribution, of whole pork meat that was purchased or received 
from a pork distributor ;   
(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 f or purposes of 
consumption.  
(p) “Enforcement officer” means any of the following:  
(1) Persons employed by and under the supervision and control of the Department ; or 
(2) Persons employed by and under the supervision and control of the Department of 
Public Health.  
(q)(p)“Flavoring” for purposes of section 25991(u) 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 . Animal Confinement Second Modified Text  Page 33 
 (r)(q) “Food facility” means a facility as defined in section 113789 of the Health and 
Safety Code.  
(s)(r) “Food processing facility” means a facility as defined in section 109947 of the 
Health and Safety Code.  
(t)(s) “Person” means any individual, firm, partnership, joint venture, association, limited 
liability company, corporation, esta te, trust, receiver, or syndicate   
(u)(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 
California. This definition shall not apply to a person or facility that only receives whole pork 
meat as an end -user.  
   (v)(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 human food  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 Ser vice 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 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.  
(x)(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.  Animal Confinement Second Modified Text  Page 34 
 (y)(z) “Retailer” means a facility location that conducts commercial sales of whole pork 
meat to a consumer.  
(z)(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. 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 .  
(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 . 
(aa)(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.  
(bb)(ee) “Whole pork meat” means , pursuant to section 25991(u) of the Health and 
Safety Code,  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; Title 9, Part 317, section 
317.2(l), Part 381, section 381.125(b), and Part 424, section 424.21(c), Title 21, Part 172, 
sections 172.510 and 172.515(b), Part 182,  sections 182.10, 182.20, 182.40, 182.50; and 
Part 184, Code of Federal Regulations; Federal Meat Inspection Act, 21 U.S.C. section 601 
et seq. ; and Internal Revenue Code, 26 U.S.C. section 501(c)(3) .  
 
Section 1322.1.  Breeding Pig Confinement.  Animal Confinement Second Modified Text  Page 35 
 (a) No por k producer or pork distributor  person shall knowingly sell or contract to sell  
engage i n a commercial sale within the state  of whole pork meat for human consumption food in 
the state  if it 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 . 
(1)(2) Commencing January 1, 2022 After December 31, 2021 , aAn enclosure shall 
provide a minimum of 24 square feet of usable floorspace per breeding pig.  
(2) The amount of usable floorspace required by (a)( 1) of this section 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. For purposes of this section, floorspace shall also 
include ground- space for enclosures that are outdoor pens or pastures accessible at all times by 
all pigs in the enclosure.  
(3) Excepti ons to the requirements of this section are specified in section 25992 of the 
Health and Safety Code and Article 4 of this Chapter  apply to the requirements of this section.  
(b) Commencing January 1, 2023 4, any person engaged in business in this  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 use 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: Sect ions 25990,  
25991, and 25992,  Health and Safety Code.  
 
Section 1322.2.  Pork Distributor Registration.  
 (a) Commencing January 1, 2023,  Aany in-state or out -of-state person engaged in 
business  a commercial  sale into or within  this the state as a pork distributor , or any out -of-state 
pork distributor  selling whole pork meat into California for purposes of human food use in the 
state , shall  register  hold a valid registration  with the Department pursuant to this Article.  
(b) Any person required to register ing pursuant to (a) of this section shall submit an 
application for registration provided by the Department including  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 Second Modified Text  Page 36 
 (c) The registration shal l 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 pursuan t 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 
business 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 (j)(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.  
 (h)(i) Every registration expires  12 months from the date of issue.  
 (i)(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 12 months  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.  
(j)(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.   
(k)(m)  Notwithstanding the requirements of (j) of this section, a registration may be 
granted prior to January 1, 20234  to a pork distributor  that submits a self-certifi cation  to the 
Department that the For purposes of the valid certification required in (j)(l)  of this section, a self -Animal Confinement Second Modified Text  Page 37 
 certification by a pork distributor  that they  compl iesy 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 A rticle , will be accepted by the 
Department  prior to January 1, 2024 .  
(l)(n) This section shall not apply to aA n 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 and Federal Meat Inspection Act (21 U.S.C. section 601 et 
seq.) . 
 
Section 1322.3.  Inspection and Audit of Registered Pork Distributor  Facilities.  
 (a) Every person required to be register ed pursuant to section 1322.2 of this Article shall 
comply with this section.  
 (b) Every pork 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 1322.4.  Whole Pork Meat Shipping Document Requirements.  
(a) Shipping Documents . 
(1) Commencing January 1, 2022, aA ll documents of title , shipping invoices, bills of 
lading,  and shipping manifests for all shipments of whole pork meat entering the state or 
transported within the state for commercial sale in California shall include the statement 
“California 24+ Compliant” and may be abbreviated to read “CA 24+”  “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 transshipme nt, or export , donation,  or sale to federal agencies or on tribal lands  for 
human consumption outside of the state and are not destined for commercial sale in California, Animal Confinement Second Modified Text  Page 38 
 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 “Not for California Consumption” or “Not for California Sale”  “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 holding s 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 that holdings 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 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, inc luding 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 
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 and Federal Meat Inspection Act, 21 U.S.C. section 601 et 
seq. 
 
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.  Animal Confinement Second Modified Text  Page 39 
 (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 described 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 requir ed by 
section 1322.3 of this Article .  
(f) This section 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 granted an 
establishment number (prefix “M”) by the Food Safety Inspection Service of the United States 
Department of Agriculture with prefix of “M” . 
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990 and 
25991, Health and Safety Code and Federal Meat Inspection Act, 21 U.S.C. section 601 et 
seq. 
 
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 other enforcement officer, and/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 an enforcement officer  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 pork meat.  
(c) The Department , or other enforcement officer in California,  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- 25992 of the Health and Safety C ode, or the provisions of 
this Article, including but not limited to shipping document requirements specified in section 
1322. 4 of this Article .    Animal Confinement Second Modified Text  Page 40 
 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 or other enforcement officer  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  and may 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 fr om the place it is affixed except 
upon written permission or specific direction of the Department or other enforcement officer . 
(c) An enforcement officer  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 or other enforcement officer  seizes any 
container, sub -container, lot , or load of whole  pork meat, a written hold notice shall be issued 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 or other enforcement officer .  
(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 c ited: 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 
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.   Animal Confinement Second Modified Text  Page 41 
 (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 Inspecti on Act (21 U.S.C. Sec. 601 et seq.) , granted  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 state  or local health agencies  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 
official establishment under mandatory inspect edion under the Federal Meat Inspection Act (21 
U.S.C. Sec. 601 et seq.) and granted 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, Health and Safety Code. Reference: Sections 25900 and  
25991, Health and Safety Code and Federal Meat Inspection Act, 21 U.S.C. section 601 et 
seq. 
 
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) Repetitive failure to comply  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 Safe ty Code;  
(3) Refusal to grant access for, or interference with, inspections or audits described in 
sections 1322.3 or 1322.6 of this Article ; Animal Confinement Second Modified Text  Page 42 
 (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 noti ce of 
proposed suspension or revocation of registration to the pork  distributor.  The notice of 
proposed suspension or rev ocation 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 reinsta tement  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 p ursuant 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  a formal hearing.  
(b)(c) A person may appeal the Department's decision to refuse to issue, or to deny , 
suspend, or revoke  an application or renewal of  a registration certificate  by requesting a formal 
hearing pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 
of the Government Code  section 1327.2 of this Chapter  within 30 calendar days  of the date of 
the notice of denial .   
(c) The Department’s decision to deny, suspend, or revoke a registration shall remain in 
effect pending the outcome of an appeal process.  
Note: Authority cited: Section 25993, Health and Safety  Code. Reference: Sections 25990,  
25991, and 25992, Health and Safety Code.  
 
Section 1322.10 .  Registration with the California Department of Public Health.  
(a) Notwithstanding section 1322.2  of this Article , any person operating a food 
processing establishment in California shall also register with the California Department of 
Public Health pursuant to section 110460 of the Health and Safety Code.  The registration 
requirement applies to all forms of process ed pork.   Animal Confinement Second Modified Text  Page 43 
 (b) Evidence of this registration shall be provided to the Department or its designee upon 
request.  
Note: Authority cited: Sections 25993 and 110065, Health and Safety Code. Reference: 
Sections 25990, 25991, 109875, 109935, 110045, and 110460, 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.  
(ab) “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 o rder 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.   
(bc) “Medical r esearch” 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 reference,  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 and Title 9, Part 2, section 2.31 and Title 21, Part  
530, section 530.3(i) , Code of Federal Regulations.    
 
Section 1324.1 .  Confine ment Standards Exceptions . 
 (a) The Act and this Chapter shall not apply : 
(1) During medical research;  Animal Confinement Second Modified Text  Page 44 
 (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 in 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.  
 
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 determi nation made by the Department 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 Divis ion 20 of the Health and Safety Code. ).  
(c) “Area of operation”  means the types of  facilities and records for  covered animal 
production or covered product  distribution operations, including veal 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 be accredited to certify under this Chapter.  
(d) “Certification or certify” means a determination made by a certifying 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.  Animal Confinement Second Modified Text  Page 45 
 (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) “Certif ying 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 services 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 ce rtification activities under the regulations 
in this Chapter.  
(h) “Covered animal” means any calf raised for veal, breeding pig, or egg -laying hen who 
is 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 Health and Safety Code and 
section 1322( c) of this Chapter;  
(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(aa) (z), of this Chapter ; or 
(2) Liquid eggs as defined in section 25991(l) of the Health and Safety Code and, 
section 1320 (u) of this Chapter ; or 
(3) Whole veal meat as defined in section 25991(v) of the Health and Safety Code and 
section 1321 (bb)(ee) of this Chapter ; or and 
(4) Whole pork meat as defined in section 25991(u) of the Health and Safety Code and 
section 1322 (bb)(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( z)(cc), and a pork distributor as defined in section 1322( u)(t), of this 
Chapter.  
(l) “Distributor operation” means any operation or portion of an operation that conducts 
activities as a distributor.  Animal Confinement Second Modified Text  Page 46 
 (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 int erest 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.  
(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 c ontainer containing 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 corpora tion, corporation, 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 (aa)(dd), and a pork producer as defined in section 1322( v)(u).  
(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.  Animal Confinement Second Modified Text  Page 47 
 (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 several States of the United States of America, its 
territor ies, 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:  
(a)(1) Comply with the Act and applicable regulations of this Chapter;  
(b)(2) Allow on -site inspections by the certifying agent, and/or  authorized representatives 
of the Depar tment, with access to the production and/or distribution operation, and offices as 
provided for in sections 1326.2 and 1326.5  of this Article ; 
(c)(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 ;   
(d)(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 sale or distribution in California ;  
(e)(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 ; 
(f)(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  Animal Confinement Second Modified Text  Page 48 
 (g)(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 animals 
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 ;  
(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, transportation, or sale of covered 
animals or covered products sold,  intended for sale in Californi a 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 produc tion; 
(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 Animal Confinement Second Modified Text  Page 49 
 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 telephone number; and, when the applicant is a 
corporation, the name, address, email, and telephone 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 descri ption of the type and quantity of covered animals and/or covered products to 
be produced 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, 
including but not limited to  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 thi s 
Chapter ; and Animal Confinement Second Modified Text  Page 50 
 (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 .; and  
(b) If the certifying agent is a government entity other than the Department, it may use its 
own authorized procedures for application for certification in lieu of this section’s requirements.  
Note: Authority cited: Section 25993, Health and Safety Code. Reference: S ections 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 sec tion 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 or revocation 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  
(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 production 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 
withdrew  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 withdrew  withdraws  its 
application prior to the issuance of a notice of certification denial will not  be issued a notice of 
certification denial.  Animal Confinement Second Modified Text  Page 51 
 (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 verification  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 certif ying 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.  
(b) Scheduling.  
(1) The initial on- site inspection must be conduct ed within 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 Chapter .  
(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 Chap ter can be observed, 
except that this requirement does not apply to unannounced on- site inspections .  
(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  Animal Confinement Second Modified Text  Page 52 
 (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 inte rview.   The inspector  certifying agent  must conduct an exit interview with an 
authorized representative of the operation who is knowledgeable about the inspected operation 
to confirm the accuracy and completeness of inspection observations and information gathered 
during the on- site inspection. The inspector  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 distribu tion 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;  
(4) Categories of operation, 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 telephone 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 verification 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.   Animal Confinement Second Modified Text  Page 53 
 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 of noncompl iance to the applicant. When correction of a noncompliance is not 
possible, a notification of noncompliance and a notification  notice  of denial of certification may 
be combined in one notification notice . The 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 support ing documentation of each such correction when correction is possible.  
(b) Upon receipt of such notification of noncompliance, the applicant may:  
(1) Correct noncompliances and submit a description of the corrective actions taken with 
supporting document ation 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 the noncompliance 
described in the notification of noncompliance.  
(c) After issuance of a notif ication of noncompliance, the certifying agent must:  
(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.  Animal Confinement Second Modified Text  Page 54 
 (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. 23 of this Chapter  within 30 calendar 
days  of date of notice of denial ; or  
(3) File an appeal for Request  a formal hearing of the denial of certification pursuant to 
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government 
Code section 1327.2 of this Chapter within 30 calendar days  of date of notice of denial .  
(f) An applicant for certifi cation who has received a written notification of noncompliance 
or a written notice of denial of certification 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, with 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 or revocation of certification, 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 reason to believe 
evidence that an applicant for certification has willfully  made a false statement or otherwise 
purposefully  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.  
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 Animal Confinement Second Modified Text  Page 55 
 any additions to or deletions from the information required pursuant to section 1326.3 of this 
Article ;  
(2) An update on the correction of minor  any noncompliances previously identified 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 informat ion 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 c ertifying 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 this 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 renewal process  includes an on -site verification inspection of the certified 
operation’s  to determine compliance with the Act and applicable provisions of this Chapter by a 
process equivalent to that described in section 1326.5.  
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 .  Animal Confinement Second Modified Text  Page 56 
 (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 functionally equivalent 
to the requirements of this Chapter.  
(d) Notwithstanding any provision of this Chapter, the Department may, at its discretion, 
certif y a production or d istribution  operation as a certified operation after determining an 
operation is in compliance 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 du ties assigned;  
(5) Provide sufficient 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 inspection 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 Animal Confinement Second Modified Text  Page 57 
 documents must be submitted to the Department for revi ew and approval pursuant to the 
California 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 certificati on;  
(B) Excluding any person, including 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 whic h such person has or has 
held a commercial 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, contrac tor, or other personnel to accept 
payment, 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 covered 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 notification  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 telephone number of each operation granted initial certification pursuant to section 
1326. 6 of this Arti cle 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:  
(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 fr om participation in or deny the 
benefits of certification to any person due to discrimination because of race, color,  sex, national Animal Confinement Second Modified Text  Page 58 
 origin, gender, religion, age, disability, political beliefs, sexual orientation, national origin, source 
of income,  or mari tal or family status.  
(d) A private entity seeking accreditation under this Article 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 not 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 A rticle , whether the applicant for 
accreditation should be accredited as a certifying agent.  
Note: Authority 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:  
(a)(1) The business name, primary office location, mailing address, name of the 
person(s) responsible for the certifying agent's day -to-day operations, contact numbers 
(telephone, facsimile, email and Internet address) of the applicant, and , the entity's federal 
taxpayer identification number;  
(b)(2) The name, office location, mailing address, and contact numbers (telephone, 
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;  
(c)(3) Each area of operation ( veal calves, breeding pigs,  egg-laying hens , or 
distribution) for which accreditation is requested and the estimated 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;  Animal Confinement Second Modified Text  Page 59 
 (d)(4) The type of entity the applicant is (e.g., for -profit business, not -for-profit 
membership association) and documentation showing the entity's status and organizational 
purpose, such as Articles of incorporation and by -laws or owners hip or membership provisions, 
and its date of establishment; and  
(e)(5) A list of each State 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:   
(a)(1) Personnel .  
(1)(A) The name and position description of personnel in the certifier’s operation 
performing inspections , members of any certification review and evaluation committees,  and 
inspection contractors.  
(2)(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:  
(A)(i) Each inspector to be used by the applicant ; and  
(B)(ii) Each person to be designated by the appl icant to review or evaluate applications 
for certification.  
(3)(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 requirements of the Act and 
this Chapter.  
(b)(2) Administrative policies and procedures.  
(1)(A) A copy of the procedures to be used to evaluate certification applicants, make 
certification decisions, and issue certification  certificates ;  
(2)(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  Animal Confinement Second Modified Text  Page 60 
 (3)(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 . 
(c)(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 .  
(d)(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 evaluation 
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 applicant of the granting of accreditation in writing, stating:  
(1) The area(s) for which accreditation is given;  
(2) The effective date of the accr editation;  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 .  
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 reason to believe evidence, based on a review of the 
information specified in sections 1326.12 and 1326.13 of this Article or after an  on-site 
evaluation inspection as specified in section 1326.16, that an applicant for accreditation is not Animal Confinement Second Modified Text  Page 61 
 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 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.  
(A) This date will be determined by the Department based on the nature 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 resolution 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 
noncomplianc e by the date specified, or is unsuccessful in its rebuttal, the Department will 
provide the applicant with written notification  notice  of accreditation denial.   An applicant who 
has received written notification  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 appeal the denial 
of accreditation in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of 
Division 3 of Title 2 of the Government Code 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 accredited prior to an on-site evaluation  inspection and the 
on-site evaluation 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: Sect ions 25990 and  
25991, Health and Safety Code.  
 
Section 1326.16.  Certifying Agent  On-site Evaluations  Inspections . 
(a) In order to receive and maintain accreditation, an accredited certifying agent must 
allow on-site evaluations  inspections  for the purpose of examining the certifying agent's 
operations and records to evaluat eing its compliance with the Act and this Chapter.   On-site 
evaluations  inspections  shall include a review of the certifying agent's certification procedures, Animal Confinement Second Modified Text  Page 62 
 facilities, administrative and management systems for production or distribution operations 
certified  by the certifying agent.  On-site evaluations  inspections  shall be conducted by a 
representative(s) of the Department.  
(b) An initial on- site evaluation inspection of an accreditation applicant may, at the 
discretion of the Department, be conducted before or after issuance of the applicant's 
“notification  notice  of accreditation.”  An on-site evaluation 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 evaluations 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 private 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  
(3) Records created or received by the certifying agent pursuant to the accreditation 
requirements of this Article, excluding any records covered by  section  1326.17(b)(2)  of this 
Article , must be maintained for not less than three ( 3) years beyond their creation or receipt.  
(c) Renewal of accreditation.  Animal Confinement Second Modified Text  Page 63 
 (1) An accredited certifying agent's application for accreditation renewal must be 
received at least 6 months prior to the fifth anniversary of issuance of the notification notice of 
accreditation and each subsequent renewal of accreditation.  Certifying agents with an 
expired accreditation shall not perform certification activities under the Act and this 
Chapter.   
(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 evaluation 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 
accre ditation  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 Chapter 5 (commencing with Section 
11500) of Part 1 of Division 3 of Title 2 of the Government Code  section 1327.2 of this Chapter 
within 30 calendar days  of the no tice 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 section 
1326.21 of this Article.  
(g) Amending accreditation.  Amendment to scope of an accreditation may be requested 
at any time.   The appl ication for amendment shall be provided by  the Department and shall 
contain information applicable to the requested change in accreditation, and a complete and 
accurate update of the information submitted pursuant to sections 1326.12 and 1326.13 of this 
Article . Animal Confinement Second Modified Text  Page 64 
 (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 failsed to take appropriate 
action to enforce the Act or this Chapter.  
(c) The Department may initiate suspension or revocation of a private certifyi ng 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 noncom pliance, rejection of mediation, noncompliance resolution, 
proposed suspension or revocation, and suspension or revocation issued pursuant to sections 
1326.20, 1326.21, and  1327. 32 and each response to such notification must be sent in writing  
to the recipient 's place of business via a delivery service which provides dated return receipts .  
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 
investigate complaints of noncompliance with the Act and require additional inspections by a 
certifying agent.  Animal Confinement Second Modified Text  Page 65 
 Note: Authority c ited: 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 sent by the certifying agent to the certified operation. 
Such notification shall provide:  
(1) The date issued;  
(1)(2) A description of each noncompliance;  
(2)(3) The facts upon which the notification of noncompliance is based; and  
(3)(4) The date by which the certified operation must rebut or correct each 
noncompliance and submit supporting documentation of each such correction when correction 
is possible.  
(b) Re solution.  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 notification  notice  of proposed suspension or revocation of 
certification  of the entire 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 in one notification. The notification  notice of proposed suspension or revocation of 
certification shall state:  
(1) The date the proposed suspension or revocation was issued:  
(1)(2) The reasons for the proposed suspension or revocation;  
(2)(3) The proposed effective date of proposed suspension or revocation;  
(A) The maximum number of days from date of notification  the notice  of proposed 
suspension or revocation and effective date of suspension or revocation is 30 calendar days;  
(3)(4) The impact of a suspension or revocation on future eligibility for certification 
including conditions for reinstatement ; and  
(4)(5) The right to request mediation pursuant to section 1327. 23 of this Chapter or to 
request a formal hearing pursuant to  Chapter 5 (commencing with Section 11500) of Part 1 of Animal Confinement Second Modified Text  Page 66 
 Division 3 of Title 2 of the Government Code section 1327.2 of this C hapter within  30 calendar 
days of the date the proposed suspension or revocation was issued .  The notice of proposed 
suspension or revocation shall remain in effect pending the outcome of an appeals process . 
(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.  Notwithstanding (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 notification  notice of proposed suspension or 
revocation of certification of the entire operation or a portion of the oper ation, 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 file an appeal  
request a formal hearing of the proposed suspension or revocation of certification before the 
suspension or revocation goes into effect  according to the notice of proposed suspension or 
revocation , the certifying agent shall send the certified operation a written notification  notice  of 
suspension or revocation.  
(2) A certifying agent must not send a notification  notice of suspension or revocation to a 
certified operation that has requested mediati on pursuant to section 1327. 23 of this Chapter or 
filed an appeal pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 
of Title 2 of the Government Code 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 notification notice  of suspension, 
subm it 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.  
(3) A certified operation whose certification is suspended or revoked by a certifying 
agent has the right to appeal this decision pursuant to section 1327.2 of this Chapter or through 
a formal hearing pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 Animal Confinement Second Modified Text  Page 67 
 of Title 2 of the Government Code.   The notice of suspension or revocation  shall remain in effect 
pending the outcome o f an appeals process . 
(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 authority of that government en tity 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.  
 
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 notification notice of proposed suspension or revocation of accreditation to the 
certifying agent.  The notification of proposed suspension or revocat ion shall state whether the 
certifying agent's accreditation or specified areas of accreditation are to be suspended or 
revoked.   When correction of a noncompliance is not possible, the notification of noncompliance 
and the notice of  proposed suspension or revocation may be combined in one notification.   The 
notification notice  of proposed suspension or revocation of accreditation shall state:  
(1) The date that the proposed suspension or revocation was issued;  
(1)(2) The reasons for the proposed suspension or revocation;  Animal Confinement Second Modified Text  Page 68 
 (2)(3) The proposed effective date of the proposed suspension or revocation;  
(A) The maximum number of days from date of notification  the notice  of proposed 
suspension or revocation and effective date of suspension or revocation is 30 calendar days;  
(3)(4) The impact of a suspension or revocation on future eligibility for accreditation 
including conditions for reinstatement ; and  
(4)(5) The right t o file request  a formal hearing appeal  pursuant to Chapter 5 
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code  
section 1327.2 of this Chapter  within  30 calendar days from the date that the proposed 
suspension or revocation  was issued .  The Department ’s notice of proposed suspension or 
revocation shall remain in effect  pending the outcome of an appeals process . 
(6) The Department shall not issue a notice of suspension or revocation while the 
outcome of a formal hearing is  pending.  
(d) Willful violations.  Notwithstanding paragraph (a) of this section, if the Department 
has reason to believe evidence that a certifying agent has  willfully violated the Act or this 
Chapter , the Department shall send a written notification  notice of proposed suspension or 
revocation of accreditation to the certifying agent.  
(e) Suspension or revocation.  When the accredi ted certifying agent fails to correct the 
issues of noncompliance as described in the proposed suspension or revocation,  or fails to file  
request  a formal hearing appeal  of the proposed suspension or revocation of accreditation 
within the prescribed time 30 calendar days  from the date the proposed suspension 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 State 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 notification  notice  of suspension, submit 
a request to the Department for reinstatement of its ac creditation.  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.  Animal Confinement Second Modified Text  Page 69 
 (2) A certifying agent whose accreditation is revo ked by the Department shall be 
ineligible to reapply to be accredited as a certifying agent under the Act and this Chapter  for a 
period of not less than  two ( 2) years following the date of such revocation.  
(3) A certifying agent whose accreditation is suspended or revoked by the Department 
has the right to appeal this decision pursuant to Chapter 5 (commencing with Section 11500) of 
Part 1 of Division 3 of Title 2 of the Government Code.  The Department’s decision to suspend 
or revoke an accreditation shall remain in effect pending the outcome of an appeal process.   
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 ; 
(2) Submit to the Department a copy of any notice of proposed suspension or  revocation 
of certification and notification 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 
telephone number of each operation granted initial certification pursuant to section 1326.6 of 
this Article or  and an updated certification pursuant to section 1326.8 o f this Article, during the 
preceding year.   
(b) For issues of certifier  certifying agent  noncompliance, the Department will use 
substantially equivalent procedures to section 1327. 23 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.  
 
Article 6. Informal  Hearing s 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 .  Animal Confinement Second Modified Text  Page 70 
 (b) The request for an informal hearing shall be submitted to the Department by 
electronic mail, facsimile, or by telephone 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 shal l 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 higher 
standard.  
(g) A teleconference line shall be made available at every hearing.  
(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 wr itten 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 
petition for a writ of administrative mandamus in accordance with section 1094.5 of the Code of 
Civil Procedure.  
Note: Authori ty 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.   Animal Confinement Second Modified Text  Page 71 
 (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: Sections 25990 and 
25991, Health and Safety Code.   
 
Section 1327. 23.  Mediation.  
(a) Mediation may be requested for any 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.  
(b) Any reques t 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 Chapter 5 (commencing 
with Section 11500) of Part 1 of Di vision 3 of Title 2 of the Government Code,  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, su spend,  or revoke certification pursuant to 
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government 
Code section 1327.2 of this Chapter .  Animal Confinement Second Modified Text  Page 72 
 (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 t his section.  
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990 and 
25991, Health and Safety Code.  
 
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