BILL NUMBER: AB 594	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 2, 2007

INTRODUCED BY   Assembly Member Dymally

                        FEBRUARY 21, 2007

   An act to add Chapter 13.8 (commencing with Section 25990) to
Division 20 of the Health and Safety Code, relating to  farm
animals   pigs  .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 594, as amended, Dymally.  Farm animals:  
Pigs: tethering and  confinement.
   Existing law generally regulates the treatment of farm animals.
   This bill would, subject to exceptions and commencing July 1,
 2013   2011  , prohibit any person from
 keeping a farm animal, as defined, confined in an enclosure
that does not permit sufficient space for each animal to stand, lie
down, get up, move his or her head freely, rest, turn around
completely, and extend all limbs and wings without touching any part
of the enclosure or other animals   tethering or
confining a pig during pregnancy, or on a farm, for all or the
majority of any day, in a manner that   prevents the animal
from lying down and fully extending its limbs or turning around
freely  .
   Violation of these provisions would be punishable by a 
citation for a civil  fine of up to $1,000 for each
violation, and up to $1,000 for each day that the violation continues
 , or both, or by imprisonment in a county jail not exceeding 90
days  . The fine would be payable to the local agency issuing
the citation. 
   Because this bill would create a new crime, this bill would impose
a state-mandated, local program.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  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 CONFINEMENT


   25990.  For purposes of this section, the following terms have the
following meanings: 
   (a) "Covered farm animal" means any domesticated mammal or bird
that is used for food or fiber production.  
   (b) "Enclosure" means any cage, crate, or other structure used to
confine a covered farm animal.  
   (a) "Farm" means the land, building, support facilities, and other
equipment that is wholly or partially used for the production of
animals for food or fiber.  
   (b) "Pig" means any animal of the porcine species.  
   (c) "Turning around freely" means having the ability to turn
around in a complete circle without any impediment, including a
tether, or, in the case of an animal in an enclosure, including what
is commonly described as a "gestation crate" or "gestation stall,"
without touching any side of the enclosure.  
   (c) 
    (d)  "Person" means any individual, firm, partnership,
joint venture, association, limited liability company, corporation,
estate, trust, receiver, or syndicate.
   25991.   No   Except as provided in Section
25992, no  person may  keep any covered farm animal in
an enclosure for all or the majority of any day that does not provide
sufficient space for each animal to stand, lie down, get up, move
his or her head freely, rest, turn around completely, and extend all
limbs and wings without touching any part of the enclosure or other
animals.  tether or confine any pig during pregnancy, or
on a farm, for all or the majority of any day, in a manner that
  prevents the animal from lying down and fully extending
its limbs or turning around freely.  
   25992.  For purposes of this chapter, "covered farm animal" does
not include animals during lawful transportation, lawful rodeo
exhibits, state or county fair exhibitions, 4-H programs, lawful
slaughter, lawful scientific or agricultural research, or
examination, test, individual treatment, or operation for veterinary
purposes, or pigs during the seven-day period prior to the pig's
expected date of giving birth.  
   25992.  A person may tether or confine a pig in the manner
prohibited by Section 25991 during the following periods:
   (a) During the seven-day period before the pig's expected date of
giving birth.
   (b) During lawful scientific or agricultural research.
   (c) During examination, testing, individual temporary treatment,
or operation for veterinary purposes.
   (d) During lawful transportation.
   (e) During lawful rodeo exhibitions, state or county fair
exhibitions, and 4-H programs.
   (f) During the killing of a pig in accordance with the provisions
of Chapter 6 (commencing with Section 19501) of Division 9 of the
Food and Agricultural Code, relating to humane methods of slaughter,
and other applicable laws and regulations. 
   25993.  (a) A peace officer, officer of a humane society as
qualified under Section 14502 or 14503 of the Corporations Code, or
officer of an animal control or animal regulation department of a
public agency as qualified under Section 830.9 of the Penal Code, may
issue a citation to a person or entity that violates this chapter.

   (b) A citation issued under this section shall require the person
cited to pay a civil penalty in an amount up to one thousand dollars

    (b)     A violation of Section 25991 is a
misdemeanor punishable by a fine not exceeding one thousand dollars
 ($1,000) for each violation, and up to one thousand dollars
($1,000) for each day that the violation continues  , or both, or
by imprisonment in a county jail not exceeding 90 days  .
 The civil penalty   Any penalty imposed
pursuant to this section  shall be payable to the local agency
initiating the proceedings to enforce this chapter to offset the
costs to the agency-related court proceedings.
   (c) A person who violates this chapter may be prosecuted by the
district attorney of the county in which the violation occurred, or
by the city attorney of the city in which the violation occurred.
   25994.  (a) Sections 25990, 25991, 25992, and 25993 shall become
operative on July 1,  2013   2011  .
   (b) It is the express intention of the Legislature, by delaying
the operative date of the provisions of this chapter, to allow a
 six-year  period for persons and entities engaged
in agricultural practices to modify their business practices to
conform to the provisions of the chapter.
   SEC. 2.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.