Force Fed Birds - - CA Health And Safety

Section § 25980

This section explains key definitions related to the law. It defines 'bird' to include ducks and geese. It also defines 'force feeding' as making a bird eat more than it would on its own, using methods like inserting food through a tube into the bird's throat.

For purposes of this section, the following terms have the following meanings:

(a) A bird includes, but is not limited to, a duck or goose.

(b) Force feeding a bird means a process that causes the bird to consume more food than a typical bird of the same species would consume voluntarily. Force feeding methods include, but are not limited to, delivering feed through a tube or other device inserted into the bird’s esophagus.

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(Added by Stats. 2004, Ch. 904, Sec. 1. Effective January 1, 2005. Operative July 1, 2012, pursuant to Section 25984.)

Section § 25981

This law makes it illegal to force feed a bird to make its liver larger than usual, and you also can't hire someone to do it for you.

A person may not force feed a bird for the purpose of enlarging the bird’s liver beyond normal size, or hire another person to do so.

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(Added by Stats. 2004, Ch. 904, Sec. 1. Effective January 1, 2005. Operative July 1, 2012, pursuant to Section 25984.)

Section § 25982

This law prohibits the sale of any product in California that comes from birds that have been force-fed to increase their liver size beyond normal.

A product may not be sold in California if it is the result of force feeding a bird for the purpose of enlarging the bird’s liver beyond normal size.

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(Added by Stats. 2004, Ch. 904, Sec. 1. Effective January 1, 2005. Operative July 1, 2012, pursuant to Section 25984.)

Section § 25983

This law allows certain officers, including peace officers and animal control officers, to issue citations to individuals or organizations breaking specific animal-related rules. Each violation can incur a fine of up to $1,000, with additional penalties for ongoing violations, payable to the local agency that handles legal proceedings to cover their court costs.

Furthermore, district or city attorneys can prosecute those who violate these rules in their respective jurisdictions.

(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 ($1,000) for each violation, and up to one thousand dollars ($1,000) for each day the violation continues. The civil penalty shall be payable to the local agency initiating the proceedings to enforce this chapter to offset the costs to the agency related to court proceedings.

(c) A person or entity that 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.

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(Added by Stats. 2004, Ch. 904, Sec. 1. Effective January 1, 2005. Operative July 1, 2012, pursuant to Section 25984.)

Section § 25984

This law section explains the timing and scope of regulations banning certain agricultural practices involving force-feeding birds. The rules became effective on July 1, 2012. Before this date, no legal charges could be filed for activities prohibited by these rules. After July 1, 2012, offenders don't get legal immunity for continuing such practices. The law also specifically protects those involved in force-feeding practices before the law was passed, giving them time to change their business methods. The intention was to provide a transition period of seven and a half years.

(a) Sections 25980, 25981, 25982, and 25983 of this chapter shall become operative on July 1, 2012.

(b)

(1) No civil or criminal cause of action shall arise on or after January 1, 2005, nor shall a pending action commenced prior to January 1, 2005, be pursued under any provision of law against a person or entity for engaging, prior to July 1, 2012, in any act prohibited by this chapter.

(2) The limited immunity from liability provided by this subdivision shall not extend to acts prohibited by this chapter that are committed on or after July 1, 2012.

(3) The protections afforded by this subdivision shall only apply to persons or entities who were engaged in, or controlled by persons or entities who were engaged in, agricultural practices that involved force feeding birds at the time of the enactment of this chapter.

(c) It is the express intention of the Legislature, by delaying the operative date of provisions of this chapter pursuant to subdivision (a) until July 1, 2012, to allow a seven and one-half year period for persons or entities engaged in agricultural practices that include raising and selling force fed birds to modify their business practices.

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(Added by Stats. 2004, Ch. 904, Sec. 1. Effective January 1, 2005. Note: This section postponed the initial operation of Sections 25980 to 25983.)