Bill Text: HI SB727 | 2012 | Regular Session | Introduced
Bill Title: Force Feeding Birds; Sale of Force Fed Birds; Prohibition
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [SB727 Detail]
Download: Hawaii-2012-SB727-Introduced.html
|
THE SENATE |
S.B. NO. |
727 |
|
TWENTY-SIXTH LEGISLATURE, 2011 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO poultry.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 161, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§161- Force feeding a bird. (a) It shall be unlawful for a person to force feed a bird, or hire another person to force feed any bird, for the purpose of enlarging the bird's liver beyond normal size.
(b) For purposes of this section:
(1) "Bird" includes a duck or goose; and
(2) "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 by means that include delivering food through a tube or other device inserted into the bird's esophagus.
(c) Each time an individual bird is force fed shall constitute a separate violation.
(d) Force feeding a bird is a misdemeanor."
SECTION 2. Chapter 328, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§328- Sale of products from force fed birds. (a) It shall be unlawful for any person to sell, offer for sale, trade, or distribute a product that is the result of force feeding a bird.
(b) Prior to July 1, 2012, any restaurant holding a valid certificate, permit, or license issued by the department of health under section 321-11 may sell, offer for sale, trade, or distribute a product that is the result of force feeding a bird and prepared for consumption, if possessed by that restaurant as of July 1, 2011.
(c) Notwithstanding section 328-30, any person violating this section or any rule adopted pursuant to this section shall be penalized as follows:
(1) For a first offense, by an administrative fine of not more than $100;
(2) For a second offense, by an administrative fine of not more than $500; and
(3) For a third or subsequent offense, by an administrative fine of not more than $1,000 or by imprisonment of not more than one year, or both.
(d) The department may adopt rules pursuant to chapter 91 necessary for the purposes of this section.
(e) For the purpose of this section:
(1) "Bird" includes a duck or goose; and
(2) "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 by means that include delivering food through a tube or other device inserted into the bird's esophagus for the purpose of enlarging the bird's liver beyond normal size."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Force Feeding Birds; Sale of Force Fed Birds; Prohibition
Description:
Prohibits force feeding a bird for the purpose of enlarging the bird's liver beyond normal size. Prohibits the sale or distribution of products from force fed birds. Permits restaurants to sell such products by 7/1/12 if possessed by 7/01/11.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
