FARM ANIMAL CRUELTY PROVISIONS
PROPOSITION 2
This initiative measure is submitted to the people in accordance with the
provisions of Article II, Section 8, of the California Constitution.
This initiative measure adds sections to the Health and Safety Code;
therefore, new provisions proposed to be added are printed in italic type to
indicate that they are new.
PROPOSED LAW
SECTION 1. SHORT TITLE
This act shall be known and may be cited as the Prevention of Farm Animal
Cruelty Act.
SECTION 2. PURPOSE
The purpose of this act is to prohibit the cruel confinement of farm animals
in a manner that does not allow them to turn around freely, lie down, stand up,
and fully extend their limbs.
SECTION 3. FARM ANIMAL CRUELTY PROVISIONS
Chapter 13.8 (commencing with Section 25990) is added to Division 20 of
the Health and Safety Code, to read:
CHAPTER 13.8. FARM ANIMAL CRUELTY
25990. PROHIBITIONS. In addition to other applicable provisions of law, a
person shall not tether or confine any covered animal, on a farm, for all or the
majority of any day, in a manner that prevents such animal from:
(a) Lying down, standing up, and fully extending his or her limbs; and
(b) Turning around freely.
25991. DEFINITIONS. For the purposes of this chapter, the following terms
have the following meanings:
(a) Calf raised for veal means any calf of the bovine species kept for the
purpose of producing the food product described as veal.
(b) Covered animal means any pig during pregnancy, calf raised for
veal, or egg-laying hen who is kept on a farm.
(c) Egg-laying hen means any female domesticated chicken, turkey, duck,
goose, or guinea fowl kept for the purpose of egg production.
(d) Enclosure means any cage, crate, or other structure (including what
is commonly described as a gestation crate for pigs; a veal crate for
calves; or a battery cage for egg-laying hens) used to confine a covered
animal.
(e) Farm means the land, building, support facilities, and other equipment
that are wholly or partially used for the commercial production of animals or
animal products used for food or fiber; and does not include live animal
markets.
(f) Fully extending his or her limbs means fully extending all limbs
without touching the side of an enclosure, including, in the case of egg-laying
hens, fully spreading both wings without touching the side of an enclosure or
other egg-laying hens.
(g) Person means any individual, firm, partnership, joint venture,
association, limited liability company, corporation, estate, trust, receiver, or
syndicate.
(h) Pig during pregnancy means any pregnant pig of the porcine species
kept for the primary purpose of breeding.
(i) Turning around freely means turning in a complete circle without any
impediment, including a tether, and without touching the side of an
enclosure 25992. EXCEPTIONS. This chapter shall not apply:
(a) During scientific or agricultural research.
(b) During examination, testing, individual treatment or operation for
veterinary purposes.
(c) During transportation.
(d) During rodeo exhibitions, state or county fair exhibitions, 4-H programs,
and similar exhibitions.
(e) During the slaughter of a covered animal in accordance with the
provisions of Chapter 6 (commencing with Section 19501) of Part 3 of Division
9 of the Food and Agricultural Code, relating to humane methods of slaughter,
and other applicable law and regulations.
(f) To a pig during the seven-day period prior to the pigs expected date of
giving birth.
25993. ENFORCEMENT. Any person who violates any of the provisions of this
chapter is guilty of a misdemeanor, and upon conviction thereof shall be
punished by a fine not to exceed one thousand dollars ($1,000) or by
imprisonment in the county jail for a period not to exceed 180 days or by both
such fine and imprisonment.
25994. CONSTRUCTION OF CHAPTER.
The provisions of this chapter are in addition to, and not in lieu of, any other
laws protecting animal welfare, including the California Penal Code. This
chapter shall not be construed to limit any state law or regulations protecting
the welfare of animals, nor shall anything in this chapter prevent a local
governing body from adopting and enforcing its own animal welfare laws and
regulations.
SECTION 4. SEVERABILITY
If any provision of this act, or the application thereof to any person or
circumstances, is held invalid or unconstitutional, that invalidity or
unconstitutionality shall not affect other provisions or applications of this act
that can be given effect without the invalid or unconstitutional provision or
application, and to this end the provisions of this act are severable.
SECTION 5. EFFECTIVE DATES
The provisions of Sections 25990, 25991, 25992, 25993, and 25994 shall
become operative on January 1, 2015.
http://www.voterguide.sos.ca.gov/text-proposed-laws/text-of-proposed-laws.pdf...
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