BILL NUMBER: AB 238	CHAPTERED  09/30/00

	CHAPTER   1062
	FILED WITH SECRETARY OF STATE   SEPTEMBER 30, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 30, 2000
	PASSED THE ASSEMBLY   AUGUST 30, 2000
	PASSED THE SENATE   AUGUST 29, 2000
	AMENDED IN SENATE   AUGUST 28, 2000
	AMENDED IN SENATE   JULY 5, 2000
	AMENDED IN ASSEMBLY   JANUARY 3, 2000
	AMENDED IN ASSEMBLY   APRIL 7, 1999
	AMENDED IN ASSEMBLY   MARCH 11, 1999

INTRODUCED BY   Assembly Members Honda and Machado
   (Coauthors:  Assembly Members Migden, Romero, Shelley, and
Washington)

                        JANUARY 28, 1999

   An act to add Article 11.5 (commencing with Section 111067) to
Chapter 5 of Part 5 of Division 104 of the Health and Safety Code,
relating to aquatic animals.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 238, Honda.  Importation:  bullfrogs and turtles:  local
regulation.
   Under existing law, no live aquatic plant or animal may be
imported into this state without the prior written approval of the
Department of Fish and Game pursuant to regulations adopted by the
Fish and Game Commission.
   This bill would permit a city, county, or city and county to adopt
an ordinance that provides for the regulation of the disposition of
bullfrogs and turtles imported for sale in live animal markets for
use as food.  The bill would authorize the State Department of Health
Services and the Department of Fish and Game to consult with a city,
county, or city and county for the purposes of carrying out these
provisions, and would make related legislative findings.
   The bill would become operative only if AB 2479 of the 1999-2000
Regular Session is enacted and becomes operative on or before January
1,  2001.


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


  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Live turtles and bullfrogs have been sold in retail food
markets and restaurants in California since the days of the Gold
Rush, and hundreds of thousands of live turtles and bullfrogs are
imported into California each year and are sold for human
consumption.
   (b) Wholesalers and retail restaurants in California purchase an
estimated 1,000,000 pounds of live turtles and bullfrogs each year to
sell at restaurants and seafood markets throughout California,
primarily in Asian-American communities.
   (c) Small food markets and restaurants that specialize in selling
and preparing fresh seafood and Asian delicacies depend upon the
importation of live turtles and bullfrogs to sustain their
businesses.
   (d) It is the intent of the Legislature in enacting this act that
local governments play an active role over the sale of live animals
for food, as they deem necessary, because local governments are in a
good position to regulate live animal markets.
  SEC. 2.  Article 11.5 (commencing with Section 111067) is added to
Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, to
read:

      Article 11.5.  Local Enforcement:  Live Food

   111067.  (a) Any city, county, or city and county may adopt an
ordinance that provides for the regulation of the disposition of
bullfrogs and turtles imported for sale in live animal markets for
use as food.  The ordinances may provide for all of the following:
   (1) The designation of a local agency to carry out this article.
   (2) Require a permit, issued by an agency designated by the city,
county, or city and county to issue permits, for the sale of
bullfrogs and turtles imported for sale in live animal markets for
use as food.
   (3) Establish a fee for the permit in an amount determined
sufficient to offset the administrative cost of issuing the permit
and enforcing the provisions of the ordinance.
   (4) Require that animals sold pursuant to the permit be dispatched
at the time of sale.
   (5) Require that signs be posted at the permittee's place of
business, stating that animals must be properly dispatched and that
release into the wild in a live state is unlawful.
   (6) Authorize the local agency, after notice and opportunity for a
hearing, to suspend or revoke a permit issued pursuant to paragraph
(1) for violation of any provision of the ordinance adopted pursuant
to this article.
   (b) The State Department of Health Services and the Department of
Fish and Game may consult with a city, county, or city and county for
purposes related to this article.
   111068.  Nothing in this article is intended to limit or preempt
the jurisdiction of any state agency or commission, or any other
state entity, from adopting any regulation or taking any action it
deems necessary and appropriate regardless of any local ordinance
adopted pursuant to this article.
  SEC. 3.  This act shall become operative only if Assembly Bill 2479
of the 1999-2000 Regular Session is enacted and becomes operative on
or before January 1, 2001.