BILL NUMBER: SB 1520 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 17, 2004
AMENDED IN ASSEMBLY JUNE 21, 2004
AMENDED IN SENATE MAY 6, 2004
INTRODUCED BY Senator Burton
FEBRUARY 19, 2004
An act to add Chapter 13.4 (commencing with Section 25980) to
Division 20 of the Health and Safety Code, relating to force fed
birds.
LEGISLATIVE COUNSEL'S DIGEST
SB 1520, as amended, Burton. Force fed birds.
Existing law authorizes an officer to issue a citation to a person
or entity keeping horses or other equine animals for hire if the
person or entity fails to meet standards of humane treatment
regarding the keeping of horses or other equine animals.
This bill would establish similar provisions regarding force
feeding a bird, as defined. The bill would prohibit a person from
force feeding a bird for the purpose of enlarging the bird's liver
beyond normal size, and would prohibit a person from hiring another
person to do so. The bill would also prohibit a product from being
sold in the state if it is the result of force feeding a bird for the
purpose of enlarging the bird's liver beyond normal size. The bill
would authorize an officer to issue a citation for a violation of
those provisions in an amount up to $1,000 per violation per day.
The bill would provide that these prohibitions shall become
operative on July 1, 2012.
This bill would provide that no civil or criminal cause of action
shall arisen or pending actions pursued, against any individual who,
prior to July 1, 2012, engages in acts prohibited by the bill.
Until July 1, 2012, this bill would prohibit an existing or future
civil or criminal cause of action for engaging in an act prohibited
by the bill, from proceeding against a person or entity 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 bill.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 13.4 (commencing with Section 25980) is added
to Division 20 of the Health and Safety Code, to read:
CHAPTER 13.4. FORCE FED BIRDS
25980. 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 while foraging . Force
feeding methods include, but are not limited to, delivering feed
through a tube or other device inserted into the bird's esophagus.
25981. 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.
25982. 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.
25983. (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.
25984. (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, or
may nor shall a pending action commenced prior
to January 1, 2005, be pursued , including a cause of action
under Chapter 5 (commencing with Section 17200) of Part 2 of
Division 7 of the Business and Professions Code, against any
individual who under any provision of law against a
person or entity for engaging , prior to July 1, 2012,
engages 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 individuals persons or
entities engaged in agricultural practices that include raising
and selling force fed birds to modify their business practices.
(d) Because the Legislature intends to assist individuals engaged
in agricultural practices that include raising and selling force fed
birds to modify their business practices, the Legislature declares
its support for the following:
(1) Assistance in identifying alternate business opportunities for
California businesses that currently rely on the sale of force fed
birds.
(2) Assistance in finding alternate employment, or providing job
training, for employees of California businesses that currently rely
on the sale of force fed birds.