BILL NUMBER: AB 1173 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 15, 1999
INTRODUCED BY Assembly Member Frusetta
FEBRUARY 25, 1999
An act to amend Section 4301 of the Fish and Game Code,
and to amend Section 19501 of, and to add Section 19504 to, the Food
and Agricultural Code, relating to deer. An act to
amend Sections 18943, 18946, 18947, 18991, 19000, 19001, 19013,
19016, 19020, and 19501 of the Food and Agricultural Code, relating
to meat.
LEGISLATIVE COUNSEL'S DIGEST
AB 1173, as amended, Frusetta. Deer: slaughter: human
consumption Farm-raised American bison, Asian water
buffalo, and fallow deer meat .
Under
(1) Under existing law, it is unlawful to sell or purchase,
or transport for the purpose of sale, any deer meat in this state
unless imported, as prescribed. Cattle and other enumerated animals
may be slaughtered, as provided. Any person engaged in raising any
domesticated game mammal that normally exists in the wild in this
state is required to obtain a domesticated game breeder's license.
This bill would allow a slaughterer licensed to slaughter
bovine animals to slaughter deer, as defined, pursuant to
regulations adopted by the Department of Food and Agriculture, that
have been raised for that purpose by a licensed domesticated game
breeder provide that farm-raised American bison, Asian
water buffalo, or fallow deer may be slaughtered and prepared for
transportation or sale, or transportation and sale under existing
provisions of law currently applicable to cattle and other specified
animals .
The bill would make conforming changes in that regard and
would allow deer meat to be sold or purchased, or transported for
the purpose of sale, in this state that has been processed by a
slaughterer pursuant to the bill revise the
definitions of "livestock," "custom livestock slaughterhouse," and
"meat processing establishment" to include these animals, as
prescribed, for the purposes of the California Meat and Poultry
Inspection Act and the California Meat and Poultry Supplemental
Inspection Act. Because a violation of these acts is a misdemeanor,
the bill would expand the scope of existing crimes, thereby imposing
a state-mandated local program.
The bill also would require a licensed livestock meat inspector
under the provisions of the California Meat and Poultry Supplemental
Inspection Act, after inspecting a meat processing establishment, to
stamp passed carcasses and parts of these animals slaughtered and
prepared for transportation or sale with an approved mark of
inspection .
(2) 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: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4301 of the Fish and Game Code
SECTION 1. Section 18943 of the Food and Agricultural Code is
amended to read:
18943. "Livestock" means any cattle, sheep, swine, and goat
, and pursuant to regulations adopted by the Fish and Game
Commission, for the purposes of Chapter 4 (commencing with Section
18650) and this chapter, any farm-raised American bison (Bison
bison), Asian water buffalo (Bubalus bubalis), and fallow deer (Dama
dama), whether alive or dead.
SEC. 2. Section 18946 of the Food and Agricultural Code is amended
to read:
18946. "Custom livestock slaughterhouse" means a licensed
establishment where livestock where:
(a) Cattle, sheep, swine, or goats are slaughtered and
prepared for the owners of the livestock.
(b) Farm-raised American bison, Asian water buffalo, or fallow
deer are slaughtered and prepared for transportation or sale, or
transportation and sale.
SEC. 3. Section 18947 of the Food and Agricultural Code is amended
to read:
18947. "Meat processing establishment" means a licensed
establishment required to be inspected by
pursuant to Chapter 4 (commencing with Section 18650) where
livestock or poultry products are prepared by curing, drying,
smoking, or rendering , or where livestock products of
swine are cooked, and the products are sold on the premises to
household consumers , and a licensed establishment where
farm-raised American bison, Asian water buffalo, or fallow deer
products may be prepared for transportation or sale, or
transportation and sale .
SEC. 4. Section 18991 of the Food and Agricultural Code is amended
to read:
18991. (a) A licensed livestock meat inspector shall
, in accordance with regulations adopted hereunder,
shall conduct antemortem examination of each animal to be
slaughtered in a licensed establishment and shall permit the
slaughter of apparently healthy animals and withhold from slaughter
all animals suspected, as well as those plainly showing evidence
, of a disease. Animals so withheld shall be examined by a
department employee who shall order the disposition of the animal
pursuant to the regulations adopted hereunder.
(b) The licensed livestock meat inspector shall conduct a
postmortem examination and make dispositions of carcasses and parts
thereof in accordance with regulations adopted hereunder.
(c) A licensed livestock meat inspector shall conduct a sanitation
inspection before the establishment commences operations for the
day, and make periodic inspections throughout the day.
(d) The licensed livestock meat inspector shall order the
establishment not to begin operations or to cease operations at any
time that the establishment sanitation fails to meet the requirements
of this chapter and the regulations adopted thereunder, or at any
time any product is not handled, retained, condemned, or disposed of
in violation of this chapter or the regulations thereunder.
(e) (1) Passed carcasses and parts thereof
of cattle, sheep, swine, and goat shall be
stamped by the licensed livestock meat inspector or under his or her
supervision with an approved California identification number.
(2) Passed carcasses and parts of farm-raised American bison,
Asian water buffalo, and fallow deer slaughtered and prepared for
transportation or sale shall be stamped with an approved mark of
inspection.
SEC. 5. Section 19000 of the Food and Agricultural Code is amended
to read:
19000. Each person, before acting as a licensed
livestock meat processing inspector in a retail meat
processing establishment, shall apply to the department and receive
from the department a license after passing an examination and a
demonstration that shows the applicant's ability to understand laws
and regulations that pertain to meat inspection and a practical
knowledge of all the following:
(a) Conditions that affect adulteration, misbranding, and
wholesomeness of livestock and poultry products.
(b) Sanitary meat and poultry processing procedures.
(c) Sanitation of the facilities and the equipment used in retail
meat processing establishments.
SEC. 6. Section 19001 of the Food and Agricultural Code is amended
to read:
19001. (a) A licensed processing inspector shall conduct a
sanitation inspection before the establishment commences operations
for the day, and shall make periodic inspections throughout the day.
(b) The licensed processing inspector shall order the
establishment not to begin operations or to cease operations at any
time that the establishment sanitation fails to meet the requirements
of this chapter and the regulations adopted thereunder, or at any
time any product is not handled, retained, condemned, or disposed of
in violation of this chapter or the regulations thereunder.
(c) The licensed processing inspector shall direct the application
of the mark of inspection as provided by regulations on products
that are inspected by him or her and found to be wholesome, not
adulterated, and derived from (1) United States Department
of Agriculture inspected carcasses , or (2) farm-raised
American bison, Asian water buffalo, or fallow deer carcasses at
custom livestock slaughterhouses .
SEC. 7. Section 19013 of the Food and Agricultural Code is amended
to read:
19013. No person shall operate a meat processing establishment
unless all livestock and poultry products used in processing and to
be sold have been inspected by the United States Department of
Agriculture , farm-raised American bison, Asian water buffalo,
and fallow deer products have been inspected at a custom livestock
slaughterhouse, or the poultry products have
been inspected in accordance with the requirements of Chapter 3
(commencing with Section 24951) of Part 1 of Division 12 and the
processing of the product is inspected by a licensed
livestock meat processing inspector.
SEC. 8. Section 19016 of the Food and Agricultural Code is amended
to read:
19016. (a) All (1) Except as provided in
paragraph (2), all custom slaughtered livestock carcasses and
parts shall be marked in a manner required by the director
department to identify the inspected premises
and that the products are not for sale.
(2) Farm-raised American bison, Asian water buffalo, and fallow
deer carcasses and parts thereof intended for transportation or sale
shall be marked in a manner required by the department to identify
the inspected premises and to show that the products have been
inspected under this chapter.
(b) The director department shall
determine, by regulation, the official design of the mark
which is marks that are required by this
chapter.
SEC. 9. Section 19020 of the Food and Agricultural Code is amended
to read:
19020. This chapter does not apply to any of the following:
(a) (1) Owners who slaughter, on their own premises,
animals cattle, swine, sheep, or goats
of their own raising where the meat is not for sale, but used
exclusively by the owners, members of the owner's household, the
owner's employees, and nonpaying guests.
(2) Owners who slaughter, on their own premises, farm-raised
American bison, Asian water buffalo, and fallow deer for their own
consumption or for transportation or sale, or transportation and
sale.
(b) A mobile slaughter operator who provides such
services to an owner as specified above
in subdivision (a) where the slaughter occurs on the owner's premises
and the meat is thereafter transported for the owner to an
establishment for further processing.
(c) Persons solely engaged in cutting, wrapping, and otherwise
processing farm or custom slaughter livestock or the processing and
sale of fresh meats derived from United States Department of
Agriculture inspected carcasses, except the curing, smoking, and
preparing of cooked or smoked sausages or cooked pork
products which that are not exempted
under subdivision (b) of Section 18814.
(d) Livestock slaughter and meat and poultry processing inspected
by the United States Department of Agriculture.
SEC. 10. Section 19501 of the Food and Agricultural Code is
amended to read:
19501. (a) Cattle, calves, horses, mules, sheep,
swine, goats, farm-raised American bison, Asian water buffalo,
or fallow deer, or poultry shall be slaughtered by the methods
prescribed in this section. No state agency shall contract for,
purchase, procure, or sell all or any portion of any animal, unless
that animal is slaughtered in conformity with this chapter. This
chapter applies to any person engaged in the business of slaughtering
animals enumerated in this section, or any person slaughtering any
such animal when all, or any part of, that animal is subsequently
sold or used for commercial purposes.
All
(b) All cattle, calves, horses, mules, sheep, swine, goats,
farm-raised American bison, Asian water buffalo, or fallow deer
subject to this part, or poultry subject to Part 1
(commencing with Section 24501) of, Part 2 (commencing with Section
25401) of, and Part 3 (commencing with Section 26401) of, Division 12
shall be slaughtered by either of the following prescribed
methods:
(a)
(1) The animal shall be rendered insensible to pain by a
captive bolt, gunshot, electrical or chemical means, or any other
means that is rapid and effective before being cut, shackled,
hoisted, thrown, or cast, with the exception of poultry which may be
shackled.
(b)
(2) The animal shall be handled, prepared for slaughter, and
slaughtered in accordance with ritual requirements of the Jewish or
any other religious faith that prescribes a method of slaughter
whereby the animal suffers loss of consciousness by anemia of the
brain caused by the simultaneous and instantaneous severance of the
carotid arteries with a sharp instrument.
This section does not apply to the slaughter of spent hens and
small game birds, as defined by the department by regulation.
SEC. 11. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
is amended to read:
4301. (a) Subject to the provisions of this code permitting the
sale of domestically raised game mammals, it is unlawful to sell or
purchase, or transport for the purpose of sale, any deer meat in this
state, whether fresh, smoked, canned, or preserved by any means,
except deer meat processed by a slaughterer in accordance with
Section 19504 of the Food and Agricultural Code, and except that deer
meat may be imported into this state from a foreign country for the
purpose of processing (manufacturing) and selling a product commonly
known as venison or deer jerky or venison or deer salami, properly
labeled as such, for human consumption. All deer meat imported into
this state shall meet all of the sanitary and inspection requirements
for wholesomeness, except an ante mortem inspection, but including a
post mortem inspection, as required for other meat imported for
human consumption. The deer meat shall be in an identifiable
condition and accompanied by a bill of lading, showing the name of
the consignor, the consignee, and the weight of the deer meat
shipped. A copy of the bill of lading shall be delivered to the
nearest office of the department either prior to, or not later than,
two days from the date of receipt of the deer meat. No such deer
meat imported into this state may leave the premises of the original
consignee unless written permission is received from the department,
or unless it is processed into the form of the product commonly known
as jerky or salami.
(b) As used in this section, "deer" includes any animal of the
family Cervidae.
SEC. 2. Section 19501 of the Food and Agricultural Code is amended
to read:
19501. (a) Cattle, calves, horses, mules, sheep, swine, goats,
deer, as defined in subdivision (b) of Section 4301 of the Fish and
Game Code, or poultry shall be slaughtered by the methods prescribed
in this section. No state agency shall contract for, purchase,
procure, or sell all or any portion of any animal, unless that animal
is slaughtered in conformity with this chapter. This chapter
applies to any person engaged in the business of slaughtering animals
enumerated in this section, or any person slaughtering any such
animal when all, or any part of, that animal is subsequently sold or
used for commercial purposes.
(b) All cattle, calves, horses, mules, sheep, swine, goats, deer,
or poultry shall be slaughtered by either of the following prescribed
methods:
(1) The animal shall be rendered insensible to pain by a captive
bolt, gunshot, electrical or chemical means, or any other means that
is rapid and effective before being cut, shackled, hoisted, thrown,
or cast, with the exception of poultry, which may be shackled.
(2) The animal shall be handled, prepared for slaughter, and
slaughtered in accordance with ritual requirements of the Jewish or
any other religious faith that prescribes a method of slaughter
whereby the animal suffers loss of consciousness by anemia of the
brain caused by the simultaneous and instantaneous severance of the
carotid arteries with a sharp instrument.
(c) This section does not apply to the slaughter of spent hens and
small game birds, as defined by the department by regulation.
SEC. 3. Section 19504 is added to the Food and Agricultural Code,
to read:
19504. A slaughterer licensed pursuant to Section 22001 to
slaughter bovine animals, pursuant to regulations adopted by the
department, may slaughter deer, as defined in subdivision (b) of
Section 4301 of the Fish and Game Code, that have been raised for
that purpose by a person who has obtained a domesticated game breeder'
s license pursuant to Section 3200 of the Fish and Game Code.