reglab/statecodes huggingface dataset:
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 7 - Restricted Animals › Article 4 - Feeding Restricted Cattle › Section 1302.2 - Terminal Feedlots

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  terminal feedlot is a confined feeding operation, or portion thereof, approved
				  by the Department to hold only animals for slaughter.
(b) An owner or manager of a premises
				  requesting approval as a terminal feedlot must contact the Department's Animal
				  Health Branch district office where the feedlot is located, or the Animal
				  Health Branch in Sacramento.
(c)
				  Approval of terminal feedlots may be granted when the owner or manager of the
				  facility completes and submits to the Department's Animal Health Branch an
				  Application for a Terminal Feedlot, AHB Form 76-198, as provided by the
				  Department. The application will include the following:
(1) Name, address and premises ID # of the
				  feedlot;
(2) Name and telephone
				  number of the contact person such as owner or manager;
(3) Signature of the applicant that certifies
				  compliance with the following requirements:
(A) All cattle entering a terminal feedlot
				  are considered restricted and may only be moved from the feedlot directly to a
				  recognized slaughtering establishment where they are slaughtered within three
				  (3) calendar days of arrival, or to other slaughter pens or to another terminal
				  feedlot.
(B) All cattle must bear
				  an individual official identification number as defined in Title 3, California
				  Code of Regulations, section
				  830(a)(25), and
				  records must be maintained for all animals entering and leaving the slaughter
				  pens including:
1. Buyer's and seller's name
				  and address.
2. Number of
				  animals.
3. Description of each
				  animal including sex, age, breed and identification.
4. Date of entry and date animals shipped
				  from feedyard.
5. Terminal
				  destination of the animals.
(C) Not feed any cattle for future use as
				  breeding stock.
(D) Not allow
				  pasturing or grazing of the restricted cattle.
(E) Record birth or mortality of cattle by
				  date and animal identification.
(F)
				  Allow Department and/or USDA personnel to periodically inspect the restricted
				  cattle and the facility and review all associated records.
(G) Maintain all cattle movement records for
				  a minimum of five (5) years.
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 7 - Restricted Animals › Article 4 - Feeding Restricted Cattle › Section 1302.3 - Slaughter Pens

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  owner or manager of a premises requesting approval to maintain slaughter pens
				  must contact the Department's Animal Health Branch district office where the
				  feedlot or premises is located, or the Animal Health Branch in
				  Sacramento.
(b) Approval of
				  slaughter pens may be granted when the owner or manager of the premises
				  completes and submits to the Department's Animal Health Branch an Application
				  for Slaughter Pen Status, AHB Form 76-200, as provided by the Department. The
				  application will include the following:
(1)
				  Pen numbers subject to approval;
(2) Name, address and premises ID # of the
				  premises;
(3) Name and telephone
				  number of the contact person such as owner or manager; and
(4) Signature of the applicant that certifies
				  compliance with the following requirements:
(A) All cattle entering slaughter pens are
				  considered restricted and may only be moved from those pens directly to a
				  recognized slaughtering establishment where they are slaughtered within three
				  (3) calendar days of arrival, or to other slaughter pens.
(B) All cattle must bear an individual
				  official identification number as defined in Title 3, California Code of
				  Regulations, section
				  830(a)(25), and
				  records must be maintained for all animals entering and leaving the slaughter
				  pens:
1. Buyer's and seller's name and
				  address.
2. Number of
				  animals.
3. Description of each
				  animal including sex, age, breed and identification.
4. Date of entry and date animals shipped
				  from feedyard.
5. Terminal
				  destination of the animals.
(C) Provide signage that clearly states
				  "slaughter only" on each slaughter pen.
(D) Maintain separation (no fence line
				  contact) of cattle in slaughter pens from breeding cattle. This separation can
				  be an alley if cattle are not kept in the alley.
(E) Not allow restricted and non-restricted
				  cattle to share watering systems, feed troughs or hospital pens.
(F) Not allow pasturing or grazing of the
				  restricted cattle.
(G) Record birth
				  or mortality of cattle in slaughter pens by date and animal
				  identification.
(H) Allow
				  Department and/or USDA personnel to periodically inspect the restricted cattle
				  and the slaughter pens and review all associated records.
(I) Maintain records for a minimum of five
				  (5) years.
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 7 - Restricted Animals › Article 4 - Feeding Restricted Cattle › Section 1302.4 - Violations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Failure to comply with the provisions of any part of this article constitutes a
				  violation.
(b) The Department may
				  additionally act consistent with any other existing enforcement authority
				  concurrently or at a later date unless otherwise prohibited. Existing remedies
				  include, but are not limited to, the following:
(1) Denial, suspension, or revocation of a
				  license, registration, certificate, permit, exception, or other indicia of
				  authority issued by the Department;
(2) Civil or administrative
				  penalties;
(3) Referral to the
				  appropriate District Attorney or the Attorney General for criminal prosecution
				  or other appropriate remedy; and,
(4) Reimbursement to the Department for any
				  costs incurred due to any violation of this article or Food and Agricultural
				  Code section
				  10610.
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 8 - Animal Biologics [Repealed] › Article 1 - Definitions [Repealed] › Section 1305.00 - Definitions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 407 and 9251, Food and
						Agricultural Code. Reference: Section 9201, Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 9 - Informal Hearings › Article 1 - Informal Hearing Requirements › Section 1310.1 - Filing Deadlines and Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  respondent may contest a notice of adverse determination for any violation
				  specified in section
				  1310 and may request an informal
				  hearing 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.
(b)
				  The respondent shall submit a request for an informal hearing to the
				  Department's Legal Office of Hearings and Appeals in writing within 30 days
				  from the date of receipt of the notice of adverse determination.
(c) Any request for an informal hearing shall
				  include a copy of the notice of adverse determination and may state the grounds
				  for the appeal.
(d) Any objection
				  to the Department's selection of the informal hearing procedure shall be made
				  in writing to the Legal Office of Hearings and Appeals and shall be resolved by
				  the Hearing Officer prior to the hearing pursuant to Government Code section
				  11445.30.
(e) Failure to submit a timely request for a
				  hearing constitutes a waiver of the respondent's right to contest the notice of
				  an adverse determination. Untimely requests for a hearing shall be denied by
				  the Department absent good cause.
1. New
					 section filed 5-5-2003 as an emergency; operative 5-5-2003 (Register 2003, No.
					 19). A Certificate of Compliance must be transmitted to OAL by 9-2-2003 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 5-5-2003 order transmitted
					 to OAL 7-16-2003 and filed 8-26-2003 (Register 2003, No. 35).
3.
					 Change without regulatory effect amending subsection (a) filed 4-2-2012
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2012, No. 14).
4. Change without regulatory
					 effect amending subsections (a)-(b) filed 12-1-2014 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2014, No. 49).
5. Amendment of section and
					 NOTE filed 11-20-2020; operative 1-1-2021 (Register 2020, No. 47). Filing
					 deadline specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order N-66-20.
Note: Authority cited: Section
						407, Food and Agricultural Code;
						and Section
						11400.20,
						Government Code. Reference: Sections
						11445.10,
						11445.20
						and
						11445.30,
						Government Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 9 - Informal Hearings › Article 1 - Informal Hearing Requirements › Section 1310.2 - Informal Hearing Schedule and Notification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department shall schedule an informal hearing within 30 days from the receipt
				  of the request from the respondent.
(b) At least 10 business days prior to the
				  informal hearing, the Department shall provide a notice of the informal hearing
				  to the respondent containing all of the following information:
(1) Date, location, and time of the informal
				  hearing;
(2) Departmental contact
				  information including applicable telephone and facsimile numbers; and
(3) Subject matter of the adverse
				  determination.
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 9 - Informal Hearings › Article 1 - Informal Hearing Requirements › Section 1310.3 - Conduct of Informal Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  informal hearing shall be presided over and conducted by a Hearing Officer
				  designated by the Secretary.
(b)
				  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.
(c) A teleconference line shall be made
				  available at every hearing.
(d)
				  Hearings shall be recorded by the Department. A transcript of the recording or
				  an electronic copy of the recording shall be provided to any interested party
				  upon written request.
(e) The
				  decision of the Hearing Officer shall be in writing, issued within 30 days
				  after the conclusion of the hearing, and shall be effective immediately upon
				  issuance.
(f) The decision shall be
				  served on the respondent by the U.S. Mail or, if available, by electronic
				  mail.
(g) The respondent may appeal
				  the hearing officer's decision and order by filing a petition for a writ of
				  administrative mandamus in accordance with the Code of Civil Procedure section
				  1094.5.
1. New
					 section filed 5-5-2003 as an emergency; operative 5-5-2003 (Register 2003, No.
					 19). A Certificate of Compliance must be transmitted to OAL by 9-2-2003 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 5-5-2003 order transmitted
					 to OAL 7-16-2003 and filed 8-26-2003 (Register 2003, No. 35).
3.
					 Amendment of section heading, section and NOTE filed 11-20-2020; operative
					 1-1-2021 (Register 2020, No. 47). Filing deadline specified in Government Code
					 section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order N-66-20.
Note: Authority cited: Section
						407, Food and Agricultural Code;
						and Section
						11400.20,
						Government Code. Reference: Sections
						11445.40,
						11445.50
						and
						11445.60,
						Government Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 9 - Informal Hearings › Article 1 - Informal Hearing Requirements › Section 1310.4 - Violations Involving the Holding of Animals or Animal Products

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  respondent may contest a notice of adverse determination that places a hold on
				  an animal or animal product.
(b)
				  The request for an informal hearing shall be submitted to the Department by
				  electronic mail, facsimile, or by telephone within three 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 business days after the Department receives the
				  request for an informal hearing.
(e) Informal hearings conducted under this
				  section shall be held in accordance with section
				  1310.3.
1. New
					 section filed 11-20-2020; operative 1-1-2021 (Register 2020, No. 47). Filing
					 deadline specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order N-66-20.
Note: Authority cited: Section
						407, Food and Agricultural Code;
						and Section
						11400.20,
						Government Code. Reference: Sections
						16521,
						17042,
						18973,
						20438,
						23043,
						32761,
						32764,
						32765,
						32766 and
						32767, Food and Agricultural Code;
						and Sections
						11445.30,
						11445.40,
						11445.50
						and
						11445.60,
						Government Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 10 - Animal Confinement › Article 1 - Egg-Laying Hens › Section 1320 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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 records that are in sufficient detail to document the identification,
				  source, supplier, transfer of ownership, transportation, storage, segregation,
				  handling, packaging, distribution, and sale of shell eggs or liquid eggs that
				  were derived from an egg-laying hen confined in compliance with sections
				  25991
				  and
				  25992
				  of the Health and Safety Code and this Article, and from egg producers that
				  hold a valid certification as a certified operation issued pursuant to Article
				  5 of this Chapter.
(c) "Certified
				  operation" means as defined in section
				  1326(e) of this
				  Chapter.
(d) "Certifying agent"
				  means as defined in section
				  1326(f) of this
				  Chapter.
(e) "Commercial sale" for
				  purposes of section
				  25991(o)
				  of the Health and Safety Code and this Article means to sell, exchange, barter,
				  trade, transfer title or possession, or 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
				  covered product itself, and therefore does not apply to all subsequent
				  commercial sales of shell eggs or liquid eggs:
(1) Shell eggs or liquid eggs produced
				  outside of the state that enter and exit California, without additional
				  processing or repackaging, exclusively for purposes of transshipment or export
				  outside of the state;
(2) Any sale
				  of shell eggs or liquid eggs undertaken on the premises of an official plant at
				  which mandatory inspection is provided under the federal Egg Products
				  Inspection Act (21 U.S.C.
				  Sec. 1031 et seq.) and that holds an
				  establishment number (prefix "G") granted by the 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 takes place on tribal lands located within the state;
				  or
(4) Donations to nonprofit
				  organizations that have a tax exemption under section
				  501(c)(3) of the
				  Internal Revenue Code (26 U.S.C.).
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 10 - Animal Confinement › Article 1 - Egg-Laying Hens › Section 1320.1 - Egg-Laying Hen Confinement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No
				  person shall knowingly engage in a commercial sale within the state of shell
				  eggs or liquid eggs for human food if it is the product of an egg-laying hen
				  that was confined in an enclosure that fails to comply with all of the
				  following standards:
(1) The enclosure shall
				  allow the egg-laying hen to lie down, stand up, fully extend limbs, and turn
				  around freely.
(2) An enclosure
				  shall be a cage-free housing system that complies with all of the following:
(A) The enclosure shall be an indoor or
				  outdoor controlled environment within which hens are free to roam
				  unrestricted;
(B) The enclosure
				  shall provide enrichments that allow hens to exhibit natural behaviors,
				  including, at a minimum, scratch areas, perches, nest boxes, and dust bathing
				  areas;
(C) Employees can provide
				  care while standing within the egg-laying hens' usable floorspace;
(D) And the enclosure shall provide the
				  minimum amount of usable floorspace per hen required by the 2017 edition of the
				  United Egg Producers' Animal Husbandry Guidelines for U.S. Egg-laying Flocks:
				  Guidelines for Cage-Free Housing, hereby 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 platforms shall provide a minimum of one (1)
				  square foot of usable floorspace per hen;
(iii) Single-level all-litter floor systems
				  bedded with litter in which hens have limited or no access to elevated flat
				  platforms shall provide a minimum of one and one-half (1.5) square feet of
				  usable floorspace per hen; and
(iv)
				  Any other cage-free housing system not described in this section shall provide
				  a minimum of one (1) square foot of usable floorspace per hen in systems that
				  provide hens with access to vertical space and shall provide a minimum of one
				  and one-half (1.5) square feet of usable floorspace per hen in systems that do
				  not provide hens access to vertical space.
(3) Exceptions to the requirements of this
				  section are specified in section
				  25992
				  of the Health and Safety Code and Article 4 of this
				  Chapter.
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 10 - Animal Confinement › Article 1 - Egg-Laying Hens › Section 1320.2 - Egg Distributor Registration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Commencing January 1, 2023, any in-state or out-of-state person engaged in a
				  commercial sale into or within the state as an egg distributor, shall hold a
				  valid registration with the Department pursuant to this Article.
(b) Any person registering pursuant to (a) of
				  this section shall submit an application for registration provided by the
				  Department that contains the following information:
(1) Business name, physical address of
				  distribution operation, mailing address, phone number, email address, website
				  address, federal tax identification number, and name, phone number and email of
				  person authorized to act on the applicant's behalf.
(2) Description of the type(s) of shell eggs
				  or liquid eggs distributed in the state.
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 10 - Animal Confinement › Article 1 - Egg-Laying Hens › Section 1320.3 - Inspection and Audit of Registered Egg Distributor Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Every person registered pursuant to section
				  1320.2 of this Article shall comply
				  with this section.
(b) Every egg
				  distributor by submitting an application for registration of a facility agrees
				  as a condition of registration to provide the Department, and/or certifying
				  agent, entrance and access to the premises and business records of the facility
				  for purposes of inspection and audit as described in Article 5 of this
				  Chapter.
1. New
					 section filed 9-1-2022; operative 9-1-2022 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2022, No. 35). Filing deadline specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order N-71-20.
Note: Authority cited: Section
						25993,
						Health and Safety Code. Reference: Sections
						25990
						and
						25991,
						Health and Safety Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 10 - Animal Confinement › Article 1 - Egg-Laying Hens › Section 1320.4 - Shell Egg and Liquid Egg Shipping Document Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Shipping Documents.
(1) All documents of
				  title and shipping manifests for shipments of shell eggs or liquid eggs
				  entering the state or transported within the state for commercial sale in
				  California shall include the statement "Egg CA Prop 12 Compliant". The
				  statement shall be legible and plainly printed or stamped.
(2) For shipments of shell eggs or liquid
				  eggs that were not produced in compliance with section
				  25991
				  of the Health and Safety Code and this Article, and enter California
				  exclusively for purposes of transshipment, export, donation, or sale to federal
				  agencies or on tribal lands and are not destined for commercial sale in
				  California, all documents of title and shipping manifests shall, upon entrance
				  into the state and during transportation and storage within the state, be
				  marked with the statement "For Export", "For Transshipment", or "Not Prop 12
				  Compliant". The statement shall be legible and plainly printed or
				  stamped.
(3) For shipments of shell
				  eggs or liquid eggs not produced in compliance with section
				  25991
				  of the Health and Safety Code and this Article that originate from an official
				  plant, whether located inside or outside of the state, under mandatory
				  inspection and that holds an establishment number with prefix "G" granted by
				  the Food Safety Inspection Service of United States Department of Agriculture
				  under the federal Egg Products Inspection Act (21 U.S.C. Sec. 1031
				  et seq.) and being transported to another official plant in California under
				  mandatory inspection and that holds an establishment number with prefix "G"
				  granted by the Food Safety Inspection Service of United States Department of
				  Agriculture under the federal Egg Products Inspection Act (21 U.S.C. Sec.
				  1031 et seq.), solely for purposes of using
				  the shell eggs or liquid eggs for making food products not covered by the Act
				  or this Article, all documents of title, shipping invoices, bills of lading,
				  and shipping manifests shall, upon entrance into the state and during
				  transportation within the state, be clearly marked with the statement "Only for
				  use at" immediately followed by the complete establishment number, including
				  the prefix "G", granted by the Food Safety Inspection Service of the United
				  States Department of Agriculture for the specific facility where the shipment
				  is destined for delivery.
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 10 - Animal Confinement › Article 1 - Egg-Laying Hens › Section 1320.5 - Egg Distributor Recordkeeping

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.
(c) Records shall document in a traceable
				  manner that shell eggs or liquid eggs being distributed for commercial sale
				  into or within California originate from egg producers that are in compliance
				  with all requirements of section
				  1320.1 of this Article.
(d) Records shall document the address of the
				  location where the distributor, as the buyer, takes physical possession of
				  shell eggs or liquid eggs for each sales transaction.
(e) Records shall be maintained for two (2)
				  years from the date of creation and be made accessible for inspection and audit
				  by the Department and/or certifying agent as required by section
				  1320.3 of this Article.
1. New
					 section filed 9-1-2022; operative 9-1-2022 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2022, No. 35). Filing deadline specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order N-71-20.
Note: Authority cited: Section
						25993,
						Health and Safety Code. Reference: Sections
						25990
						and
						25991,
						Health and Safety Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 10 - Animal Confinement › Article 1 - Egg-Laying Hens › Section 1320.6 - Inspection of Conveyances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Every egg distributor by submitting an application for registration agrees as a
				  condition of registration to provide the Department or a certifying agent,
				  access to inspect in California any vehicle or other conveyance under the
				  registrant's operation or control that is transporting shell eggs or liquid
				  eggs into or within the state.
(b)
				  Every person shall stop at the request of the Department at any California
				  Border Protection Station for purposes of inspection of cargo and any
				  accompanying shipping documents, manifests, and bills of lading, any vehicle or
				  other conveyance transporting into or within the state shell eggs or liquid
				  eggs.
(c) The Department may deny
				  entry to or order diversion from the state any vehicle or other conveyance
				  transporting shell eggs or liquid eggs for commercial sale that was produced,
				  packaged, identified, or shipped in violation of the requirements of sections
				  25990-
				  25992
				  of the Health and Safety Code, or the provisions of this Article, including but
				  not limited to shipping document requirements specified in section
				  1320.4 of this Article.
1. New
					 section filed 9-1-2022; operative 9-1-2022 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2022, No. 35). Filing deadline specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order N-71-20.
Note: Authority cited: Section
						25993,
						Health and Safety Code. Reference: Sections
						25990,
						25991
						and
						25992,
						Health and Safety Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 10 - Animal Confinement › Article 1 - Egg-Laying Hens › Section 1320.7 - Tagging and Seizure of Shell Eggs or Liquid Eggs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department may affix a warning tag or notice to shipping documents, manifests,
				  containers, sub-containers, lots, or loads of shell eggs or liquid eggs which
				  have been produced, packaged, stored, labeled, marked, identified, transported,
				  delivered, or sold in violation of the requirements of sections
				  25990-
				  25992
				  of the Health and Safety Code, or the provisions of this Article. When a
				  warning tag or notice is issued, the Department shall give written notice of
				  such violation to the egg producer, egg distributor, owner, or other person in
				  possession of the shell eggs or liquid eggs.
(b) No person shall remove a warning tag or
				  notice from the place it is affixed except upon written permission or specific
				  direction of the Department.
(c)
				  The Department may seize and hold any containers, sub-containers, lots, or
				  loads of shell eggs or liquid eggs in California which they have reasonable
				  suspicion to believe is in violation of the provisions of sections
				  25990-
				  25992
				  of the Health and Safety Code, or the provisions of this Article. If the
				  Department seizes any container, sub-container, lot, or load of shell eggs or
				  liquid eggs, a written hold notice shall be issued to the person that has
				  control of the shell eggs or liquid eggs, and a tag or notice may be affixed to
				  the container, sub-container, lot, or load which states it is so
				  held.
(d) Any shell eggs or liquid
				  eggs for which a hold notice is issued shall be held by the person having
				  control of the shell eggs or liquid eggs and shall not be disturbed, moved,
				  diverted, or offered for sale except under the specific directions of the
				  Department.
(e) A person may
				  request an informal hearing to contest tagging, hold notice, or seizure of
				  shell eggs or liquid eggs pursuant to section
				  1327.1 of this Chapter.
1. New
					 section filed 9-1-2022; operative 9-1-2022 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2022, No. 35). Filing deadline specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order N-71-20.
Note: Authority cited: Section
						25993,
						Health and Safety Code. Reference: Sections
						25990,
						25991
						and
						25992,
						Health and Safety Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 10 - Animal Confinement › Article 1 - Egg-Laying Hens › Section 1320.8 - Written Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.
(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.), that holds an establishment
				  number (prefix "G") granted by the Food Safety Inspection Service of the United
				  States Department of Agriculture, and that does not hold a valid egg
				  distributor registration, shall:
(1) Maintain
				  records documenting written certifications that meet the requirements of this
				  section for shell eggs or liquid eggs received during the preceding 12-month
				  period.
(2) Maintain records
				  documenting the address of the location where the retailer or food processing
				  facility, as the buyer, takes physical possession of shell eggs or liquid eggs
				  for each sales transaction.
(3)
				  Make the records required by this section available on-site for inspection by
				  the Department upon request. Electronic records are considered on-site if they
				  are accessible from an on-site location.
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 10 - Animal Confinement › Article 1 - Egg-Laying Hens › Section 1320.9 - Denial, Suspension, or Revocation of Egg Distributor Registration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department may deny, suspend, or revoke a registration issued pursuant to this
				  Article for any of the following:
(1)
				  Violations that resulted, or reasonably could have resulted, in the commercial
				  sale of shell eggs or liquid eggs from egg-laying hens that were not confined
				  in compliance with this Article;
(2) Demonstrated pattern of violations with
				  the requirements of this Article and/or statutes pertaining to shell eggs,
				  liquid eggs or egg-laying hens in sections
				  25990-
				  25992
				  of the Health and Safety Code;
(3)
				  Refusal to grant access for, or interference with, inspections or audits as
				  described in sections
				  1320.3 or
				  1320.6 of this Article;
(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.
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 10 - Animal Confinement › Article 2 - Calves › Section 1321 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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 records 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 calf confined in compliance with sections
				  25991
				  and
				  25992
				  of the Health and Safety Code and this Article, and from veal producers that
				  hold a valid certification as a certified operation issued pursuant to Article
				  5 of this Chapter.
(c) "Calf" means
				  any calf of the bovine species kept for the purpose of producing the food
				  product described as veal.
(d)
				  "Certified operation" means as defined in section
				  1326(e) of this
				  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, exchange, barter,
				  trade, transfer title or possession, or distribute, conditional or otherwise,
				  in California commerce including, but not limited to, transactions by a
				  retailer with a consumer and electronic transactions made using the internet.
				  It shall not include any of the following transactions or transfers of
				  possession, which apply only to a specific transaction listed below, not to the
				  covered product itself, and therefore does not apply to all subsequent
				  commercial sales of whole veal meat:
(1)
				  Whole veal meat produced outside of the state that enters and exits California
				  without additional processing or repackaging exclusively for purposes of
				  transshipment or export outside of the state;
(2) Any sale of whole veal meat undertaken on
				  the premises of an establishment at which mandatory inspection is provided
				  under the Federal Meat Inspection Act (21 U.S.C. Sec. 601 et seq.) and
				  that holds an establishment number (prefix "M") granted by the Food Safety
				  Inspection Service of the United States Department of Agriculture; or that is
				  made directly to federal agencies or that takes place on federal lands located
				  within the state;
(3) Any sale of
				  whole veal meat which takes place on tribal lands located within the state;
				  or
(4) Donations to nonprofit
				  organizations that have a tax exemption under section
				  501(c)(3) of the
				  Internal Revenue Code (26 U.S.C.).
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 10 - Animal Confinement › Article 2 - Calves › Section 1321.1 - Calf Confinement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No
				  person shall knowingly engage in a commercial sale within the state of whole
				  veal meat for human food if it is the product of a calf that was confined in an
				  enclosure that fails to comply with the following standards:
(1) An enclosure shall allow the calf to lie
				  down, stand up, fully extend limbs, and turn around freely.
(2) An enclosure shall provide a minimum of
				  43 square feet of usable floorspace per calf.
(3) Exceptions to the requirements of this
				  section are specified in section
				  25992
				  of the Health and Safety Code and Article 4 of this
				  Chapter.
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 10 - Animal Confinement › Article 2 - Calves › Section 1321.3 - Inspection and Audit of Registered Veal Distributor Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Every person registered pursuant to section
				  1321.2 of this Article shall comply
				  with this section.
(b) Every veal
				  distributor by submitting an application for registration of a facility agrees
				  as a condition of registration to provide the Department, and/or certifying
				  agent, entrance and access to the premises and business records of the facility
				  for purposes of inspection and audit as described in Article 5 of this
				  Chapter.
1. New
					 section filed 9-1-2022; operative 9-1-2022 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2022, No. 35). Filing deadline specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order N-71-20.
Note: Authority cited: Section
						25993,
						Health and Safety Code. Reference: Sections
						25990
						and
						25991,
						Health and Safety Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 10 - Animal Confinement › Article 2 - Calves › Section 1321.4 - Whole Veal Meat Shipping Document Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Shipping Documents.
(1) All documents of
				  title and shipping manifests for shipments of whole veal meat entering the
				  state or transported within the state for commercial sale in California shall
				  include the statement "Veal CA Prop 12 Compliant". The statement shall be
				  clearly legible and plainly printed or stamped.
(2) For shipments of whole veal meat that
				  were not produced in compliance with section
				  25991
				  of the Health and Safety Code and this Article, and enter California
				  exclusively for purposes of transshipment, export, donation, or sale to federal
				  agencies or on tribal lands and are not destined for commercial sale in
				  California, all documents of title, shipping invoices, bills of lading, and
				  shipping manifests shall, upon entrance into the state and during
				  transportation and storage within the state, be marked with the statement "For
				  Export", "For Transshipment", or "Not Prop 12 Compliant". The statement shall
				  be legible and plainly printed or stamped.
(3) For shipments of whole veal meat not
				  produced in compliance with section
				  25991
				  of the Health and Safety Code and this Article that originate from a facility,
				  whether located inside or outside of the state, under mandatory inspection and
				  that holds an establishment number with prefix "M" granted by the Food Safety
				  Inspection Service of the United States Department of Agriculture under the
				  Federal Meat Inspection Act (21 U.S.C. Sec. 601 et seq.) and
				  being transported to another facility in California under mandatory inspection
				  and holding an establishment number with prefix "M" granted by the Food Safety
				  Inspection Service of the United States Department of Agriculture under the
				  Federal Meat Inspection Act (21 U.S.C. Sec. 601 et seq.),
				  solely for purposes of using the whole veal meat for making food products not
				  covered by the Act or this Article, all documents of title, shipping invoices,
				  bills of lading, and shipping manifests shall, upon 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 "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.
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 10 - Animal Confinement › Article 2 - Calves › Section 1321.5 - Veal Distributor Recordkeeping

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  veal distributor, as a condition of registration pursuant to section
				  1321.2 of this Article, shall
				  maintain records that comply with all the requirements of this
				  section.
(b) Records shall be
				  sufficient for purposes of an audit trail as defined in section
				  1321(b) of this
				  Article and the applicable recordkeeping requirements described in section
				  1326.2 of this Chapter.
(c) Records shall document in a traceable
				  manner that whole veal meat being sold into or within California originates
				  from veal producers that are certified operations pursuant to Article 5 of this
				  Chapter.
(d) Records 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.
1. New
					 section filed 9-1-2022; operative 9-1-2022 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2022, No. 35). Filing deadline specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order N-71-20.
Note: Authority cited: Section
						25993,
						Health and Safety Code. Reference: Sections
						25990
						and
						25991,
						Health and Safety Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 10 - Animal Confinement › Article 2 - Calves › Section 1321.6 - Inspection of Conveyances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Every veal distributor by submitting an application for registration agrees as
				  a condition of registration to provide the Department or a certifying agent,
				  access to inspect in California any vehicle or other conveyance under the
				  registrant's operation or control that is transporting whole veal meat into or
				  within the state.
(b) Every person
				  shall stop at the request of the Department at any California Border Protection
				  Station for purposes of inspection of cargo and any accompanying shipping
				  documents, manifests, and bills of lading, any vehicle or other conveyance
				  transporting into or within the state whole veal meat.
(c) The Department may deny entry to or order
				  diversion from the state any vehicle or other conveyance transporting whole
				  veal meat intended for commercial sale that was produced, packaged, identified,
				  or shipped in violation of the requirements of sections
				  25990-
				  25992
				  of the Health and Safety Code, or the provisions of this Article, including but
				  not limited to shipping document requirements specified in section
				  1321.4 of this Article.
1. New
					 section filed 9-1-2022; operative 9-1-2022 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2022, No. 35). Filing deadline specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order N-71-20.
Note: Authority cited: Section
						25993,
						Health and Safety Code. Reference: Sections
						25990,
						25991
						and
						25992,
						Health and Safety Code.