Bill Text: CA AB128 | 2019-2020 | Regular Session | Amended
Bill Title: Equines: protection.
Spectrum: Slight Partisan Bill (Democrat 9-3)
Status: (Passed) 2019-10-12 - Chaptered by Secretary of State - Chapter 765, Statutes of 2019. [AB128 Detail]
Download: California-2019-AB128-Amended.html
Amended
IN
Assembly
April 11, 2019 |
Amended
IN
Assembly
March 28, 2019 |
Assembly Bill | No. 128 |
Introduced by Assembly Member Gloria (Principal coauthor: Assembly Member Waldron) (Coauthors: Assembly Members Bloom, Boerner Horvath, Cervantes, Choi, Kalra, Levine, and Luz Rivas) (Coauthors: Senators Chang, Hertzberg, and Portantino) |
December 04, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
(2)Existing law requires a person who transports an equine, as defined, in a vehicle to slaughter to meet specified standards, including a requirement to that the person notify a humane officer having jurisdiction 72 hours before loading the equine in order that the humane officer may perform a thorough inspection of the vehicle to determine if all standards have been satisfied. Existing law provides that any person who violates the standards is guilty of a misdemeanor.
This bill would instead make these standards applicable to a person who transports an equine from a public or private auction. By changing the definition of a crime, this bill would impose a state-mandated local program. The bill would also authorize the humane officer to determine if the vehicle is registered in compliance with a specified state vehicle registration law and, as applicable, is
registered with the United States Department of Transportation as a motor carrier.
(3)
(4)
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Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
(a) The Legislature finds and declares both of the following:SEC. 2.
Section 1834.8 of the Civil Code is amended to read:1834.8.
(a) At any public auction or sale where equines are sold, the management of the auction or sale shall post a sign (measuring a minimum of 15 x 9 inches with lettering of a minimum of 11/4 x 1/2 (91 point)) or shall insert into its consignment agreement with the seller in boldface type the notice stated in subdivision (b). If a sign is posted, it shall be posted in a conspicuous place so that it will be clearly visible to a majority of persons attending the sale. If the notice is inserted into the consignment agreement, space shall be provided adjacent to the notice for the seller to initial their acknowledgment of the notice.“WARNING
The sale of horses for slaughter for commercial purposes in California is prohibited by law.
Seller must set minimum bid above current slaughter prices.”
SEC. 3.
Section 19201 of the Food and Agricultural Code is amended to read:19201.
“Animals” means burros, cattle, goats, horses, mules, sheep, swine and other large domesticated animals and poultry. “Animals” when used in the context of slaughtering an animal does not include burros, horses, or mules.SEC. 4.
The heading of Article 3 (commencing with Section 19240) of Chapter 5 of Part 3 of Division 9 of the Food and Agricultural Code is amended to read:Article 3. Pet Food Slaughterers
SEC. 5.
Section 19240 of the Food and Agricultural Code is amended to read:19240.
Every person engaged in the business of slaughtering animals for pet food shall first obtain a license pursuant to this chapter.SEC. 6.
Section 19280 of the Food and Agricultural Code is amended to read:19280.
Every person who engages in the business of importing (distributing or jobbing) fresh or frozen meat, meat byproducts, horsemeat byproducts, poultry meat, or poultry meat byproducts for pet food shall first obtain a license pursuant to this chapter.SEC. 7.
Section 19348.5 of the Food and Agricultural Code is repealed.SEC. 8.
Section 19353 of the Food and Agricultural Code is amended to read:19353.
Cattle, sheep, goats, and swine may be slaughtered on the premises of a pet food slaughterer.SEC. 9.
Section 19360 of the Food and Agricultural Code is repealed.SEC. 10.
Section 19362 of the Food and Agricultural Code is repealed.SEC. 11.
Section 19400 of the Food and Agricultural Code is amended to read:19400.
Any person that slaughters any sheep, goats, swine, or any other bovine for use as pet food, or who by purchase or otherwise acquires possession of the meat of any horse, mule, burro, swine or bovine, and that sells or otherwise disposes of that meat for use as pet food, or operates a rendering plant shall make and keep for one year a correct record, separate from all other business records, of each transaction, recorded at the time of the transaction, which shows all of the following:SEC. 12.
Section 24102 of the Food and Agricultural Code is amended to read:24102.
For purposes of this chapter:SEC. 13.
Section 24106 of the Food and Agricultural Code is amended to read:24106.
(a) No person shall purchase, consign, sell, or accept the donation of an animal at a public or private auction unless the seller or donor of the animal provides, and the purchaser or donee receives, at the time of delivery, a written bill of sale or any written instrument that contains all of the following information:SEC. 14.
Section 24106.5 is added to the Food and Agricultural Code, to read:24106.5.
(a) If a state agency or any political subdivision of the state sells an animal at a public auction, or a person sells an animal at a private auction, the entity or person shall sell the animal at a price above the current slaughter price of the animal.SEC. 15.
Section 55701 of the Food and Agricultural Code is amended to read:55701.
As used in this article, the following definitions shall apply:(a)Any person who transports an equine in a vehicle from a public or private auction shall meet the following requirements:
(1)The vehicle shall have sufficient clearance to allow the equine to be transported in a standing position with its head in a normal upright position above its withers.
(2)Any ramps and floors in the vehicle shall be covered with a nonskid surface to prevent the equine from slipping.
(3)The vehicle shall provide adequate ventilation to the equine while the equine is being transported.
(4)The sides and overhead of the vehicle shall be constructed to withstand the weight of any equine that may put pressure against the sides or overhead.
(5)Any compartments in the interior of the vehicle shall be constructed of smooth materials and shall contain no protrusions or sharp objects.
(6)The size of the vehicle shall be appropriate for the number of equine being transported and the welfare of the equine shall not be jeopardized by overcrowding.
(7)Stallions shall be segregated during
transportation.
(8)Diseased, sick, blind, dying, or otherwise disabled equine shall not be transported out of this state.
(9)Any equine being transported shall be able to bear weight on all four feet.
(10)Unweaned foals shall not be transported.
(11)Mares in their last trimester of pregnancy shall not be transported.
(12)The person shall notify a humane officer having jurisdiction 72 hours before loading the equine in order that the humane officer may perform a thorough inspection of the vehicle to determine if all requirements of this section have been
satisfied and the vehicle is registered in compliance with Section 4000 of the Vehicle Code and, as applicable, is registered with the United States Department of Transportation as a motor carrier.
(b)(1)Any person who violates this section is guilty of a misdemeanor and is subject to a fine of one hundred dollars ($100) per equine being transported.
(2)Any person who violates this section for a second or subsequent time is guilty of a misdemeanor and shall be fined five hundred dollars ($500) per equine being transported.
(c)Whenever a person is taken into custody by an officer for a violation of this section, the officer shall take charge of the vehicle and its contents and deposit the property in some place of custody.
(d)(1)Any necessary expense incurred for taking care of and keeping the property described in subdivision (c) is a lien thereon, to be paid before the property can be lawfully recovered.
(2)If the expense, or any part thereof, remains unpaid, it may be recovered by the person incurring the expense from the owner of the equine in an action therefor.
(e)For the purposes of this section, “equine” means any horse, pony, burro, or mule.