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2023 California Code › Food and Agricultural Code - FAC › DIVISION 11 - HORSES, MULES, BURROS, SHEEP, AND SWINE › CHAPTER 9 - Equine Protection: Enforcement › Section 24104.5.

24104.5. The Bureau of Livestock Identification shall compile a report on information received pursuant to Section 24104. The bureau shall distribute the report to all county sheriffs’ departments in a timely manner.
(Added by Stats. 1994, Ch. 431, Sec. 2. Effective January 1, 1995.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 11 - HORSES, MULES, BURROS, SHEEP, AND SWINE › CHAPTER 9 - Equine Protection: Enforcement › Section 24105.

24105. No investigator of the program or any other employee of the department, in enforcing this chapter, shall be required to conduct any investigation that involves the theft of any animal. That investigation shall be conducted by the law enforcement entity that filed the theft report. However, an investigator of the program may assist the law enforcement entity that filed the theft report in the theft investigation.
(Amended by Stats. 1993, Ch. 459, Sec. 1. Effective January 1, 1994.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 11 - HORSES, MULES, BURROS, SHEEP, AND SWINE › CHAPTER 9 - Equine Protection: Enforcement › Section 24106.

24106. (a) Before an animal may be sold at an auction, the operator of the auction yard shall determine whether the animal has an implanted microchip or has been tattooed or branded with an identifying mark. If the animal has an implanted microchip, a tattoo, or a brand, the operator of the auction yard shall post, on its internet website and through any active social media in which the operator of the auction yard participates, all identifying information, including any identification number contained in the microchip and a detailed description or picture of any tattoo or brand found on the animal. This information shall remain on the auction yard operator’s internet website and on the page of any active social media in which the operator of the auction yard participates for at least 24 hours after the initial posting.
(b) No person shall purchase, consign, sell, or accept the donation of an animal at a public or private auction unless the seller or donor of the animal provides, and the purchaser or donee receives, at the time of delivery, a written bill of sale or any written instrument that contains all of the following information:
(1) A description of each animal that is sold that includes its sex, breed, color, approximate height and weight, approximate age, natural marks, or identifying scars, and of each brand or tattoo and its location. If the animal has been branded or tattooed and registered with the Bureau of Livestock Identification in the department, the identification papers shall accompany the animal.
(2) The name, address, signature, and motor vehicle driver’s license number of the person who sold or donated the animal.
(3) The date of the transaction.
(4) The name, address, and motor vehicle driver’s license number of the purchaser of the animal.
(5) The name, address, and motor vehicle driver’s license number of any person who transports the animal to the purchaser or an auction yard.
(c) Any person who purchases an animal at an auction described in subdivision (b) shall sign a sworn statement, under penalty of perjury, acknowledging and agreeing to comply with Sections 598c and 598d of the Penal Code.
(d) For a minimum of one year following the date of sale of each animal sold at auction, the operator of the auction yard shall maintain appropriate records that accurately document compliance with this section. The operator of the auction yard shall provide access to the records and documents identified in subdivisions (a), (b), and (c) upon the request of the department, a law enforcement officer, an animal control agency, or a humane officer appointed pursuant to Section 14502 of the Corporations Code.
(e) In addition to any other penalties available under law, a person who violates this section shall be subject to a civil penalty of one thousand dollars ($1,000) for the first offense and two thousand dollars ($2,000) for the second and each subsequent offense.
(Amended by Stats. 2019, Ch. 765, Sec. 3. (AB 128) Effective January 1, 2020.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 11 - HORSES, MULES, BURROS, SHEEP, AND SWINE › CHAPTER 9 - Equine Protection: Enforcement › Section 24107.

24107. Every operator of an auction yard or dealer who handles animals destined for slaughter shall keep a written record of all sales and purchases made in the course of conducting the business for at least two years after making the final entry of any purchase, sale, or donation of an animal. The operator of an auction yard or the dealer shall show the record on demand to any investigator of the program or any peace officer.
(Added by Stats. 1991, Ch. 747, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 11 - HORSES, MULES, BURROS, SHEEP, AND SWINE › CHAPTER 9 - Equine Protection: Enforcement › Section 24108.

24108. Any person who does not keep the written records required by this chapter or who refuses, upon demand of any investigator of the program or any peace officer, to show the record, to allow copies to be made of the record, or who destroys the record within two years after making the final entry of any purchase, consignment, sale, or donation of any animal, is guilty of a misdemeanor.
(Amended by Stats. 1992, Ch. 217, Sec. 2. Effective January 1, 1993.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 11 - HORSES, MULES, BURROS, SHEEP, AND SWINE › CHAPTER 9 - Equine Protection: Enforcement › Section 24109.

24109. (a) No animal, whether branded or not, shall be shipped, transported, hauled, or delivered for slaughter, unless it is inspected by an inspector of the program.
(b) As part of the inspection required by this section, the inspector shall be provided a valid bill of sale containing the information designated in Section 24106 for each individual animal.
(Added by Stats. 1991, Ch. 747, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 11 - HORSES, MULES, BURROS, SHEEP, AND SWINE › CHAPTER 9 - Equine Protection: Enforcement › Section 24110.

24110. An inspector shall seize any animal for which a valid bill of sale containing the information designated in Section 24106 is not provided.
(Added by Stats. 1991, Ch. 747, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 11 - HORSES, MULES, BURROS, SHEEP, AND SWINE › CHAPTER 9 - Equine Protection: Enforcement › Section 24111.

24111. Except as otherwise provided in this chapter, it is unlawful for any person to remove from the possession of an inspector any animal seized or which is otherwise in the possession of an inspector.
(Added by Stats. 1991, Ch. 747, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 11 - HORSES, MULES, BURROS, SHEEP, AND SWINE › CHAPTER 9 - Equine Protection: Enforcement › Section 24112.

24112. If the animal which is seized or otherwise in the possession of the inspector is branded, the director shall cause a search to be made of the brand records to ascertain the owner.
(Added by Stats. 1991, Ch. 747, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 11 - HORSES, MULES, BURROS, SHEEP, AND SWINE › CHAPTER 9 - Equine Protection: Enforcement › Section 24113.

24113. If the brands or marks are recorded, the director shall immediately, by letter, notify the person in whose name the brands or marks are recorded.
(Added by Stats. 1991, Ch. 747, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 11 - HORSES, MULES, BURROS, SHEEP, AND SWINE › CHAPTER 9 - Equine Protection: Enforcement › Section 24114.

24114. If the owner cannot be ascertained, the director shall cause a notice of the seizure of the animal to remain posted for a period of 14 days on a bulletin board in each office of the Bureau of Livestock Identification. In addition to posting the notice, the director shall periodically publish a list of the descriptions of the animals, containing the information specified in Section 24106, in the classified section of a horse-oriented publication which is in general circulation throughout the State of California. The notices shall also state the time and place of the animal’s proposed sale.
(Added by Stats. 1991, Ch. 747, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 11 - HORSES, MULES, BURROS, SHEEP, AND SWINE › CHAPTER 9 - Equine Protection: Enforcement › Section 24115.

24115. Any person that claims ownership of the animal may, at any time, but not later than 14 days after the first posting of the notice, file his or her proof of ownership with the director and the director shall proceed to determine the claim of ownership.
(Added by Stats. 1991, Ch. 747, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 11 - HORSES, MULES, BURROS, SHEEP, AND SWINE › CHAPTER 9 - Equine Protection: Enforcement › Section 24116.

24116. If ownership is proved to the satisfaction of the director, the animal shall be returned to the owner upon payment by the owner of all expenses which were incurred in the handling of the animal.
(Added by Stats. 1991, Ch. 747, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 11 - HORSES, MULES, BURROS, SHEEP, AND SWINE › CHAPTER 9 - Equine Protection: Enforcement › Section 24117.

24117. If the animal at any time while in the possession of an inspector is in a condition which requires immediate disposal, the animal may be disposed of by the director. The proceeds from the salvage, if any, in excess of expenses which were incurred in the handling of the animal shall be paid to the person proving ownership pursuant to Section 24116.
(Added by Stats. 1991, Ch. 747, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 11 - HORSES, MULES, BURROS, SHEEP, AND SWINE › CHAPTER 9 - Equine Protection: Enforcement › Section 24118.

24118. If after 14 days from the date of the first posting of notice, no satisfactory proof of ownership of the animal has been made, or if the owner fails or refuses to pay all expenses which were incurred, the director shall sell the animal. All sales which are made pursuant to this chapter convey a good and valid title to the purchaser.
(Added by Stats. 1991, Ch. 747, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 11 - HORSES, MULES, BURROS, SHEEP, AND SWINE › CHAPTER 9 - Equine Protection: Enforcement › Section 24119.

24119. The proceeds from the sale of any animal shall be paid into, and the expenses of holding, advertising, sale, and other incidental expenses shall be paid from, the Department of Food and Agriculture Fund.
(Added by Stats. 1991, Ch. 747, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 11 - HORSES, MULES, BURROS, SHEEP, AND SWINE › CHAPTER 9 - Equine Protection: Enforcement › Section 24120.

24120. If any person shall, within one year after the date of the sale, prove to the satisfaction of the director his or her ownership of an animal which was sold pursuant to this article, the director shall order the net proceeds of the sale of the animal to be paid to that person.
(Added by Stats. 1991, Ch. 747, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 11 - HORSES, MULES, BURROS, SHEEP, AND SWINE › CHAPTER 9 - Equine Protection: Enforcement › Section 24121.

24121. If the inspector of the program determines that the person who offers the animal for inspection is in lawful possession, the inspector shall issue a certificate of inspection.
(Added by Stats. 1991, Ch. 747, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 11 - HORSES, MULES, BURROS, SHEEP, AND SWINE › CHAPTER 9 - Equine Protection: Enforcement › Section 24122.

24122. The certificate of inspection shall be signed by the inspector of the program and shall indicate all of the following:
(a) The place and date of inspection and the number of animals inspected.
(b) The sex, breed, color, approximate height and weight, approximate age, natural marks and identifying scars, and a description of each brand or tattoo and its location on each animal.
(c) If the animal is to be transported, the names of the shipper and consignee and the point of origin and the final destination of the shipment.
(d) If the animal is to be transported, the length of time necessary to transport the animal between the point of inspection and the point of final destination. The inspector shall determine the amount of time needed for this purpose, based upon the information provided to him or her at the time of inspection.
The certificate issued pursuant to this section shall only be valid for transportation purposes during the period of time specified on the certificate by the inspector.
(Added by Stats. 1991, Ch. 747, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 11 - HORSES, MULES, BURROS, SHEEP, AND SWINE › CHAPTER 9 - Equine Protection: Enforcement › Section 24123.

24123. It is unlawful for any inspector to issue a certificate of inspection unless he or she personally makes the inspection between sunrise and sunset.
(Added by Stats. 1991, Ch. 747, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 11 - HORSES, MULES, BURROS, SHEEP, AND SWINE › CHAPTER 9 - Equine Protection: Enforcement › Section 24124.

24124. One copy of the certificate of inspection required by this chapter shall accompany the shipment of animals.
(Added by Stats. 1991, Ch. 747, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 11 - HORSES, MULES, BURROS, SHEEP, AND SWINE › CHAPTER 9 - Equine Protection: Enforcement › Section 24125.

24125. Any person who transports an animal destined for slaughter who does not have a copy of the certificate of inspection as required pursuant to this chapter or who refuses, upon demand of any investigator of the program or any peace officer, to exhibit a copy of the certificate, is subject to a civil penalty not to exceed fifty dollars ($50) for each animal.
(Added by Stats. 1991, Ch. 747, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 11 - HORSES, MULES, BURROS, SHEEP, AND SWINE › CHAPTER 9 - Equine Protection: Enforcement › Section 24126.

24126. It is unlawful for any person to remove any animal and substitute another for it, or to add any other animal or transport an animal from any lot of animals for which a certificate has been issued, until the shipment or slaughter is completed, unless the inspector who issued the certificate approves these actions in writing. A violation of this section is a misdemeanor.
(Added by Stats. 1991, Ch. 747, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 11 - HORSES, MULES, BURROS, SHEEP, AND SWINE › CHAPTER 9 - Equine Protection: Enforcement › Section 24127.

24127. (a) Each dealer who handles animals destined for slaughter, and who ships 15 or more animals at a time for slaughter, shall pay the inspector a service fee of twenty-five dollars ($25), in addition to a fee of up to ten dollars ($10) for each animal, as determined by the director. The inspection shall take place within 24 hours of the date of transportation.
(b) Each dealer who handles animals destined for slaughter, and who ships less than 15 animals at a time for slaughter, shall pay the inspector for the actual cost of the inspection, as determined by the director. The inspection shall take place immediately prior to when the animal to be shipped is loaded onto the conveyance.
(c) The fees shall be paid at the point of inspection of the animals. The revenue derived from these fees shall be deposited in the Department of Food and Agriculture Fund and, upon appropriation by the Legislature, shall be expended to carry out this chapter. The department shall maintain all internal accounting measures necessary to ensure that revenue derived pursuant to this chapter shall be kept separate from all other funds in the Department of Food and Agriculture Fund. The Governor’s budget submitted to the Legislature pursuant to Section 12 of Article IV of the California Constitution shall display the fiscal information for this program in accordance with Sections 13335, 13336, and 13337 of the Government Code.
(Amended by Stats. 1992, Ch. 593, Sec. 1. Effective January 1, 1993.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 11 - HORSES, MULES, BURROS, SHEEP, AND SWINE › CHAPTER 9 - Equine Protection: Enforcement › Section 24128.

24128. (a) The inspector shall make a memorandum which shows the number, sex, breed, color, approximate height and weight, approximate age, natural marks and identifying scars, and a description of each brand or tattoo and its location on each animal which is inspected, and the names of the owner or claimant, consignor, or consignee.
(b) The memorandum of the inspection shall be retained for record purposes by the inspector for at least two years after the date of the inspection.
(Added by Stats. 1991, Ch. 747, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 11 - HORSES, MULES, BURROS, SHEEP, AND SWINE › CHAPTER 9 - Equine Protection: Enforcement › Section 24129.

24129. The department shall maintain inspection certificates for a period of five years in a manner that shall disclose the number of animals that have been inspected.
(Added by Stats. 1991, Ch. 747, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 11 - HORSES, MULES, BURROS, SHEEP, AND SWINE › CHAPTER 9 - Equine Protection: Enforcement › Section 24130.

24130. Any person that is engaged in the business of buying or selling animals on consignment at any public or private salesyard shall keep after each sale, a certificate of consignment which contains all of the following information:
(a) The name and address of the consignor.
(b) A description of each animal which is sold that includes its sex, breed, color, approximate height and weight, approximate age, natural marks and identifying scars, and a description of each brand or tattoo and its location on each animal.
(c) Reasonable proof of the ownership of the animal.
(d) The license number of any vehicle which transports the animal to the salesyard. If the animal is transported in a trailer, the license number of both the trailer and the vehicle which pulls it shall be given.
(e) The signature of the consignor.
(Added by Stats. 1991, Ch. 747, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 11 - HORSES, MULES, BURROS, SHEEP, AND SWINE › CHAPTER 9 - Equine Protection: Enforcement › Section 24131.

24131. Any person subject to Section 24130 shall retain the certificate of consignment on file for a period of at least two years after the sale. The certificates of consignment shall be presented on demand of any peace officer or any agent of the program.
(Added by Stats. 1991, Ch. 747, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 11 - HORSES, MULES, BURROS, SHEEP, AND SWINE › CHAPTER 9 - Equine Protection: Enforcement › Section 24132.

24132. (a) Notwithstanding any other provision of law, a person is civilly liable for four times the value of the animal at the time of taking, possessing, harboring, transporting, or slaughtering of the animal, with interest, at the prime rate from the date of that occurrence, for attorney fees incurred in the recovery of the animal, and for an amount in fair compensation for the time and money properly expended by the owner in pursuit of the animal, as follows:
(1) In any action for the wrongful taking, possessing, harboring, or transporting of an animal for slaughter or for the slaughter of the animal without the consent of the owner or the person lawfully in possession of the animal or any animal whose ownership is still in dispute.
(2) In any action where a person knowingly, by any false representation or pretense, defrauds another person of any animal, which results in the wrongful taking, possessing, harboring, or transporting of the animal for slaughter without the consent of the owner or the person lawfully in possession of the animal or any animal whose ownership is still in dispute.
(b) The commencement of any criminal prosecution for the theft of the animal shall not preclude or prevent any civil action as specified in this section.
(Added by Stats. 1991, Ch. 747, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 11 - HORSES, MULES, BURROS, SHEEP, AND SWINE › CHAPTER 9 - Equine Protection: Enforcement › Section 24133.

24133. Any person who transports an animal destined for slaughter out of the state under false pretenses in order to avoid an inspection under this chapter is guilty of a misdemeanor and subject to a fine of five hundred dollars ($500) for each animal so transported.
(Added by Stats. 1991, Ch. 747, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 11 - HORSES, MULES, BURROS, SHEEP, AND SWINE › CHAPTER 9 - Equine Protection: Enforcement › Section 24134.

24134. Any person who falsifies any document or record required by this chapter, or by any regulation adopted pursuant to this chapter, is liable civilly for a penalty in an amount not to exceed five hundred dollars ($500) for each violation. Any money that is recovered pursuant to this section shall be paid into the Department of Food and Agriculture Fund and, upon appropriation by the Legislature, shall be expended to carry out this chapter.
(Added by Stats. 1992, Ch. 217, Sec. 3. Effective January 1, 1993.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 1 - POULTRY AND RABBITS › CHAPTER 1 - General Provisions › ARTICLE 1 - Application › Section 24501.

24501. The provisions of this part, including the payment of fees, are applicable to all state and county institutions which are engaging in livestock operations.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 1 - POULTRY AND RABBITS › CHAPTER 1 - General Provisions › ARTICLE 1 - Application › Section 24502.

24502. The provisions of Chapters 1 (commencing with Section 24501), 2 (commencing with Section 24651), and 3 (commencing with Section 24951), of Part 1 of Division 12 are not applicable to any poultry plant, or poultry product subject to requirements of plant sanitation and poultry meat product wholesomeness as provided in Chapter 4 (commencing with Section 18651) of Part 3 of Division 9.
(Added by Stats. 1970, Ch. 1385.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 1 - POULTRY AND RABBITS › CHAPTER 1 - General Provisions › ARTICLE 2 - Investigations › Section 24521.

24521. The director may make any necessary investigations relative to reported violations of this part, pursuant to Article 2 (commencing with Section 11180), Chapter 2, Part 1, Division 3, Title 2 of the Government Code.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 1 - POULTRY AND RABBITS › CHAPTER 1 - General Provisions › ARTICLE 3 - Civil Remedies › Section 24541.

24541. The Attorney General shall, upon complaint by the director, or may upon his own initiative, if after examination of the complaint and evidence he believes a violation of any provision of this part has occurred, bring an action in the name of the people of this state in the superior court for an injunction against any person violating any provision of this part or regulation which is duly issued by the director pursuant to it.
Any proceedings pursuant to this section shall conform to the requirements of Chapter 3 (commencing with Section 525), Title 7, Part 2 of the Code of Civil Procedure. The director shall not, however, be required to allege facts necessary to show or tending to show lack of adequate remedy at law or to show or tending to show irreparable damage or loss.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 1 - POULTRY AND RABBITS › CHAPTER 1 - General Provisions › ARTICLE 4 - Poultry Regulations and Inspections › Section 24561.

24561. Notwithstanding any provisions of law to the contrary, the director may adopt by regulation standards and requirements equal to those of the Poultry Products Inspection Act (71 Stat. 441, 21 U.S.C. 451, et seq. as amended by the Wholesome Poultry Products Act, Pub. Law 90-492), including, but not limited to, standards and requirements of inspection, sanitation, reinspection, preparation, processing, buying, selling, transporting, storing, identification, recordkeeping, registration, and labeling. The regulations shall not be less restrictive than state statutory requirements. The director may enter into cooperative agreements with departments, divisions, bureaus, boards, or commissions of the United States to enforce such standards and requirements in this state.
(Added by Stats. 1969, Ch. 1403.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 1 - POULTRY AND RABBITS › CHAPTER 1 - General Provisions › ARTICLE 4 - Poultry Regulations and Inspections › Section 24562.

24562. Regulations adopted pursuant to this article or pursuant to Section 24681 or Section 24991 shall conform, so far as practicable, to the rules, regulations and standards of the United States Department of Agriculture which govern the inspection, preparation, and processing of poultry meat and poultry meat food products.
(Added by Stats. 1969, Ch. 1403.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 1 - POULTRY AND RABBITS › CHAPTER 1 - General Provisions › ARTICLE 4 - Poultry Regulations and Inspections › Section 24563.

24563. (a) If slaughtering or carcass preparation or processing of poultry meats and poultry meat products is conducted in an establishment where state inspection is maintained at hours considered overtime for state employees or on legal holidays, the owner or operator of the establishment shall, by contract or agreement with the department, make arrangement to defray the additional cost for salaries and expenses for persons employed by the department to conduct the necessary poultry meat inspection work during the overtime periods.
(b) Moneys collected pursuant to this section shall be deposited in the Department of Food and Agriculture Fund.
(Amended by Stats. 2011, Ch. 133, Sec. 31. (AB 120) Effective July 26, 2011.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 1 - POULTRY AND RABBITS › CHAPTER 2 - Plant Sanitation › ARTICLE 1 - Definitions › Section 24651.

24651. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 1 - POULTRY AND RABBITS › CHAPTER 2 - Plant Sanitation › ARTICLE 1 - Definitions › Section 24652.

24652. “Fowl” includes chickens, turkeys, ducks, geese, and other domesticated birds.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 1 - POULTRY AND RABBITS › CHAPTER 2 - Plant Sanitation › ARTICLE 1 - Definitions › Section 24653.

24653. “Growing poultry” means feeding and caring for poultry.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 1 - POULTRY AND RABBITS › CHAPTER 2 - Plant Sanitation › ARTICLE 1 - Definitions › Section 24654.

24654. “Marked” means plainly, legibly, and conspicuously labeled, stamped, tagged, stenciled, or branded to show the name and address of the poultry plant where, or the name and address of the distributor in California for whom, the poultry meat was slaughtered, prepared, packed, or repacked, cut up or recut, or handled.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 1 - POULTRY AND RABBITS › CHAPTER 2 - Plant Sanitation › ARTICLE 1 - Definitions › Section 24655.

24655. “Mislabel” means the placing, or presence of any false, deceptive, or misleading mark, tag, brand, design, inscription, statement, billing, invoice, placard, sign, or other descriptive designation.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 1 - POULTRY AND RABBITS › CHAPTER 2 - Plant Sanitation › ARTICLE 1 - Definitions › Section 24656.

24656. “New York dressed fowl” means fowl from which the feathers have been removed and the blood drawn and which is offered for sale as a whole fowl, with the head, feet, and entrails intact.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 1 - POULTRY AND RABBITS › CHAPTER 2 - Plant Sanitation › ARTICLE 1 - Definitions › Section 24657.

24657. “Poultry” means domesticated fowl and domesticated rabbit which are intended for use for human food.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 1 - POULTRY AND RABBITS › CHAPTER 2 - Plant Sanitation › ARTICLE 1 - Definitions › Section 24658.

24658. “Poultry meat” means the carcass of poultry or any part of such carcass.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 1 - POULTRY AND RABBITS › CHAPTER 2 - Plant Sanitation › ARTICLE 1 - Definitions › Section 24659.

24659. “Poultry plant” means any of the following:
(a) Any place where poultry is slaughtered, dressed, or drawn.
(b) Any place, except a retail store or eating place, where poultry meat or poultry meat food products are cooked, cured, smoked, cut up, recut, packed, or repacked, or otherwise prepared for human food.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 1 - POULTRY AND RABBITS › CHAPTER 2 - Plant Sanitation › ARTICLE 1 - Definitions › Section 24660.

24660. “Producer” means any person that is engaged in the business of growing any poultry, which is marketed as poultry meat, for a period of three weeks or more for the purpose of increasing the size and weight of such poultry.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 1 - POULTRY AND RABBITS › CHAPTER 2 - Plant Sanitation › ARTICLE 1 - Definitions › Section 24661.

24661. “Sanitary” means free from unnecessary dirt, filth, and contamination and free from any other substance or organism which is known to be injurious to human health.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 1 - POULTRY AND RABBITS › CHAPTER 2 - Plant Sanitation › ARTICLE 2 - General Provisions › Section 24681.

24681. The director shall adopt regulations for carrying out this chapter.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 1 - POULTRY AND RABBITS › CHAPTER 2 - Plant Sanitation › ARTICLE 2 - General Provisions › Section 24682.

24682. No regulation which requires alterations in poultry plants or changes in equipment shall be effective until six months after the date on which the director gives notice to the persons that are licensed pursuant to this chapter.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 1 - POULTRY AND RABBITS › CHAPTER 2 - Plant Sanitation › ARTICLE 2 - General Provisions › Section 24683.

24683. The director shall furnish to each person that holds a license, or makes application for a license, a copy of the regulations which are adopted pursuant to this chapter.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 1 - POULTRY AND RABBITS › CHAPTER 2 - Plant Sanitation › ARTICLE 2 - General Provisions › Section 24684.

24684. The director may bring an action to enjoin the violation or threatened violation of this chapter or any regulation which is adopted pursuant to it in the superior court in and for the county in which the violation occurred or is about to occur.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 1 - POULTRY AND RABBITS › CHAPTER 2 - Plant Sanitation › ARTICLE 2 - General Provisions › Section 24685.

24685. Any proceeding pursuant to Section 24684 shall conform to the requirements of Chapter 3 (commencing with Section 525), Title 7, Part 2 of the Code of Civil Procedure. The director shall not, however, be required to allege facts necessary to show or tending to show lack of adequate remedy at law or to show or tending to show irreparable damage or loss.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 1 - POULTRY AND RABBITS › CHAPTER 2 - Plant Sanitation › ARTICLE 3 - Exemptions › Section 24711.

24711. This chapter does not apply to a poultry plant which is operated under the sanitary regulations of the Consumer and Marketing Service of the United States Department of Agriculture.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 1 - POULTRY AND RABBITS › CHAPTER 2 - Plant Sanitation › ARTICLE 3 - Exemptions › Section 24712.

24712. This chapter does not apply to poultry meat which bears the official mark of a city, county, or state poultry plant inspection service for sanitation outside of the state which has requirements equal to those which are provided for by this chapter if such out-of-state requirements have been approved by the director. If, however, any packing, repacking, or cutting up or recutting is done, except in a retail store or public eating house, in this state it shall be done in a poultry plant which is licensed pursuant to this chapter.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 1 - POULTRY AND RABBITS › CHAPTER 2 - Plant Sanitation › ARTICLE 3 - Exemptions › Section 24713.

24713. (a) This chapter does not apply to a poultry plant where poultry which was produced on the premises is slaughtered if the poultry meat which is derived from the poultry is sold by the producer in any of the following ways:
(1) At retail upon the premises.
(2) At retail off of the premises, either direct to consumers at their homes or at a retail stand which is operated by the producer in a farmers’ market.
(b) As used in this section, “producer” includes only an individual producer who does not employ, except in unforeseeable exigencies, any person except members of his or her immediate family.
(Amended by Stats. 2002, Ch. 535, Sec. 4. Effective January 1, 2003.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 1 - POULTRY AND RABBITS › CHAPTER 2 - Plant Sanitation › ARTICLE 3 - Exemptions › Section 24714.

24714. This chapter does not apply to a poultry plant where poultry is slaughtered, dressed, and sold upon the premises where it was produced for purposes other than resale, if the entire poultry meat output of the producer is so sold.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 1 - POULTRY AND RABBITS › CHAPTER 2 - Plant Sanitation › ARTICLE 4 - Licenses › Section 24741.

24741. A person shall not operate a poultry plant unless he has obtained a license pursuant to this chapter.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 1 - POULTRY AND RABBITS › CHAPTER 2 - Plant Sanitation › ARTICLE 4 - Licenses › Section 24742.

24742. Each person shall, before operating a poultry plant, file an application with the director for a license to operate the poultry plant. The application shall be in such form as the director may prescribe.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 1 - POULTRY AND RABBITS › CHAPTER 2 - Plant Sanitation › ARTICLE 4 - Licenses › Section 24743.

24743. The application for a license shall be accompanied by the license application fee.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 1 - POULTRY AND RABBITS › CHAPTER 2 - Plant Sanitation › ARTICLE 4 - Licenses › Section 24744.

24744. (a) Subject to Section 24745.5, the application fee for a new, previously unlicensed poultry plant is five hundred dollars ($500) for a license for one year for each poultry plant that the applicant desires to operate.
(b) The fee for a license application submitted upon change of ownership of an existing, previously licensed poultry plant shall be based on the number of poultry slaughtered by the poultry plant during the preceding October through September time period, as described in subdivision (b) of Section 24745.
(c) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date.
(Amended by Stats. 2021, Ch. 392, Sec. 5. (SB 815) Effective January 1, 2022. Repealed as of January 1, 2027, by its own provisions.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 1 - POULTRY AND RABBITS › CHAPTER 2 - Plant Sanitation › ARTICLE 4 - Licenses › Section 24745.

24745. (a) Application for renewal of a license accompanied by a renewal fee shall be made on or before its expiration.
(b) Subject to Section 24745.5, the annual license renewal fee for a poultry plant is:
(1) Five hundred dollars ($500) if the plant slaughtered 10,000 or fewer poultry during the preceding October through September time period.
(2) Seven hundred fifty dollars ($750) if the plant slaughtered between 10,000 and 100,000 poultry during the preceding October through September time period.
(3) One thousand two hundred dollars ($1,200) if the plant slaughtered over 100,000 poultry during the preceding October through September time period.
(c) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date.
(Amended by Stats. 2021, Ch. 392, Sec. 6. (SB 815) Effective January 1, 2022. Repealed as of January 1, 2027, by its own provisions.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 1 - POULTRY AND RABBITS › CHAPTER 2 - Plant Sanitation › ARTICLE 4 - Licenses › Section 24745.5.

24745.5. If a licensee has two or more licenses in effect at the same meat processing establishment, custom livestock slaughterhouse, place of business, or poultry plant, pursuant to Section 19010, 19011, 19240, 19260, 19280, or 24741, the license fee that is the highest amount shall be paid in full and each additional license fee shall be in an amount that is 50 percent of the fee that would otherwise be applicable.
(Added by Stats. 2011, Ch. 134, Sec. 9. (AB 107) Effective July 26, 2011.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 1 - POULTRY AND RABBITS › CHAPTER 2 - Plant Sanitation › ARTICLE 4 - Licenses › Section 24746.

24746. Each license shall expire on the last day of the calendar year for which it is issued. The fee shall not be prorated.
(Repealed and added by Stats. 2011, Ch. 133, Sec. 36. (AB 120) Effective July 26, 2011.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 1 - POULTRY AND RABBITS › CHAPTER 2 - Plant Sanitation › ARTICLE 4 - Licenses › Section 24747.

24747. Each person that holds a license for a poultry plant shall file an application for the renewal of the license on or before the date of the expiration of the license.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 1 - POULTRY AND RABBITS › CHAPTER 2 - Plant Sanitation › ARTICLE 4 - Licenses › Section 24748.

24748. Applicants for renewal who have not paid the renewal fee by the expiration date of the license shall be assessed a penalty of 10 percent of the unpaid balance. Failure to pay the renewal fee plus the penalty within 90 days of expiration shall cause a revocation of a license.
(Repealed and added by Stats. 2011, Ch. 133, Sec. 38. (AB 120) Effective July 26, 2011.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 1 - POULTRY AND RABBITS › CHAPTER 2 - Plant Sanitation › ARTICLE 4 - Licenses › Section 24749.

24749. Plans and specifications for any intended construction or major reconstruction of a poultry plant shall be submitted to the director. The director shall approve or disapprove the plans and specifications within 30 days.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 1 - POULTRY AND RABBITS › CHAPTER 2 - Plant Sanitation › ARTICLE 4 - Licenses › Section 24750.

24750. The director may, after hearing, refuse to issue a license or renew a license and may revoke or suspend any license for any violation of, or failure to comply with, any provision of this chapter or any regulation which is adopted pursuant to it, or for any violation of, or failure to comply with, Section 25091.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 1 - POULTRY AND RABBITS › CHAPTER 2 - Plant Sanitation › ARTICLE 4 - Licenses › Section 24751.

24751. Any proceedings pursuant to Section 24750 shall be conducted in accordance with Chapter 5 (commencing with Section 11500), Part 1, Division 3 of Title 2 of the Government Code. The director shall have all the powers which are granted in that chapter.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 1 - POULTRY AND RABBITS › CHAPTER 2 - Plant Sanitation › ARTICLE 4 - Licenses › Section 24752.

24752. (a) All fees, charges, and collections collected pursuant to Sections 24744, 24745, and 24748 shall be deposited in the Department of Food and Agriculture Fund.
(b) All fees, charges, and collections collected pursuant to Sections 24744, 24745, and 24748 shall be used for the enforcement of this division and shall be for a specific benefit or privilege conferred directly to the payer and such benefit or privilege shall not be provided to those not charged.
(c) Fees shall not exceed the reasonable costs associated with issuing a license or permit, performing investigations, inspections, and audits, enforcing provisions pursuant to the license or permit, and administrative enforcement and adjudication thereof.
(Added by Stats. 2011, Ch. 133, Sec. 39. (AB 120) Effective July 26, 2011.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 1 - POULTRY AND RABBITS › CHAPTER 2 - Plant Sanitation › ARTICLE 5 - Sanitation › Section 24771.

24771. A person shall not do any of the following:
(a) Operate a poultry plant which is not sanitary.
(b) Operate a poultry plant in a manner or under conditions which are not sanitary.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 1 - POULTRY AND RABBITS › CHAPTER 2 - Plant Sanitation › ARTICLE 5 - Sanitation › Section 24772.

24772. After each day’s operation, a poultry plant and its outer premises shall be promptly cleaned in the manner which is prescribed by the regulations.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 1 - POULTRY AND RABBITS › CHAPTER 2 - Plant Sanitation › ARTICLE 6 - Marks and Labels › Section 24801.

24801. This article does not apply to New York dressed fowl until November 1, 1967.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 1 - POULTRY AND RABBITS › CHAPTER 2 - Plant Sanitation › ARTICLE 6 - Marks and Labels › Section 24802.

24802. Poultry meat shall not be packed, repacked, cut up, recut, or sold unless each container or each carcass is marked in the manner which is required by this chapter and the regulations which are adopted pursuant to it.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 1 - POULTRY AND RABBITS › CHAPTER 2 - Plant Sanitation › ARTICLE 7 - Violations › Section 24831.

24831. It is unlawful for any person to do any of the following:
(a) Violate any provision of this chapter or any regulation which is adopted pursuant to it.
(b) Operate a poultry plant without a license.
(c) Mislabel poultry meat.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 1 - POULTRY AND RABBITS › CHAPTER 3 - Poultry Meat Inspection for Wholesomeness › ARTICLE 1 - Definitions › Section 24951.

24951. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 1 - POULTRY AND RABBITS › CHAPTER 3 - Poultry Meat Inspection for Wholesomeness › ARTICLE 1 - Definitions › Section 24952.

24952. “Fowl” includes chickens, turkeys, ducks, geese, and other domesticated birds.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 1 - POULTRY AND RABBITS › CHAPTER 3 - Poultry Meat Inspection for Wholesomeness › ARTICLE 1 - Definitions › Section 24953.

24953. “Growing poultry” means feeding and caring for poultry.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 1 - POULTRY AND RABBITS › CHAPTER 3 - Poultry Meat Inspection for Wholesomeness › ARTICLE 1 - Definitions › Section 24954.

24954. “Marked” means plainly, legibly, and conspicuously labeled, tagged, stenciled, or branded pursuant to this chapter and any regulations which are adopted pursuant to it.
(Enacted by Stats. 1967, Ch. 15.)