text:
(a) If slaughtering or carcass preparation or processing of poultry meats and poultry meat products is conducted in an establishment where state inspection is maintained at hours considered overtime for state employees or on legal holidays, the owner or operator of the establishment shall, by contract or agreement with the department, make arrangement to defray the additional cost for salaries and expenses for persons employed by the department to conduct the necessary poultry meat inspection work during the overtime periods.

(b) Moneys collected pursuant to this section shall be deposited in the Department of Food and Agriculture Fund.

history: (History: Amended by Stats. 2011, Ch. 133, Sec. 31. (AB 120) Effective July 26, 2011.)

article: 4. Poultry Regulations and Inspections


kind: section

code: FAC

text: Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.

history: (History: Enacted by Stats. 1967, Ch. 15.)

part: 1. POULTRY AND RABBITS

chapter: 2. Plant Sanitation

article: 1. Definitions

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 1. POULTRY AND RABBITS > 2. Plant Sanitation > 1. Definitions


text: “Fowl” includes chickens, turkeys, ducks, geese, and other domesticated birds.

division: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS

article: 1. Definitions


text: “Growing poultry” means feeding and caring for poultry.

article: 1. Definitions


text: “Marked” means plainly, legibly, and conspicuously labeled, stamped, tagged, stenciled, or branded to show the name and address of the poultry plant where, or the name and address of the distributor in California for whom, the poultry meat was slaughtered, prepared, packed, or repacked, cut up or recut, or handled.

article: 1. Definitions


text: “Mislabel” means the placing, or presence of any false, deceptive, or misleading mark, tag, brand, design, inscription, statement, billing, invoice, placard, sign, or other descriptive designation.

article: 1. Definitions


text: “New York dressed fowl” means fowl from which the feathers have been removed and the blood drawn and which is offered for sale as a whole fowl, with the head, feet, and entrails intact.

article: 1. Definitions


text: “Poultry” means domesticated fowl and domesticated rabbit which are intended for use for human food.

article: 1. Definitions


text: “Poultry meat” means the carcass of poultry or any part of such carcass.

article: 1. Definitions


text:
“Poultry plant” means any of the following:

(a) Any place where poultry is slaughtered, dressed, or drawn.

(b) Any place, except a retail store or eating place, where poultry meat or poultry meat food products are cooked, cured, smoked, cut up, recut, packed, or repacked, or otherwise prepared for human food.

article: 1. Definitions


text: “Producer” means any person that is engaged in the business of growing any poultry, which is marketed as poultry meat, for a period of three weeks or more for the purpose of increasing the size and weight of such poultry.

article: 1. Definitions


text: “Sanitary” means free from unnecessary dirt, filth, and contamination and free from any other substance or organism which is known to be injurious to human health.

article: 1. Definitions


text: The director shall adopt regulations for carrying out this chapter.

article: 2. General Provisions

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 1. POULTRY AND RABBITS > 2. Plant Sanitation > 2. General Provisions


text: No regulation which requires alterations in poultry plants or changes in equipment shall be effective until six months after the date on which the director gives notice to the persons that are licensed pursuant to this chapter.

article: 2. General Provisions


text: The director shall furnish to each person that holds a license, or makes application for a license, a copy of the regulations which are adopted pursuant to this chapter.

article: 2. General Provisions


text: The director may bring an action to enjoin the violation or threatened violation of this chapter or any regulation which is adopted pursuant to it in the superior court in and for the county in which the violation occurred or is about to occur.

article: 2. General Provisions


text: Any proceeding pursuant to Section 24684 shall conform to the requirements of Chapter 3 (commencing with Section 525), Title 7, Part 2 of the Code of Civil Procedure. The director shall not, however, be required to allege facts necessary to show or tending to show lack of adequate remedy at law or to show or tending to show irreparable damage or loss.

article: 2. General Provisions


text: This chapter does not apply to a poultry plant which is operated under the sanitary regulations of the Consumer and Marketing Service of the United States Department of Agriculture.

article: 3. Exemptions

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 1. POULTRY AND RABBITS > 2. Plant Sanitation > 3. Exemptions


text: This chapter does not apply to poultry meat which bears the official mark of a city, county, or state poultry plant inspection service for sanitation outside of the state which has requirements equal to those which are provided for by this chapter if such out-of-state requirements have been approved by the director. If, however, any packing, repacking, or cutting up or recutting is done, except in a retail store or public eating house, in this state it shall be done in a poultry plant which is licensed pursuant to this chapter.

article: 3. Exemptions


text:
(a) This chapter does not apply to a poultry plant where poultry which was produced on the premises is slaughtered if the poultry meat which is derived from the poultry is sold by the producer in any of the following ways:

(1) At retail upon the premises.

(2) At retail off of the premises, either direct to consumers at their homes or at a retail stand which is operated by the producer in a farmers’ market.

(b) As used in this section, “producer” includes only an individual producer who does not employ, except in unforeseeable exigencies, any person except members of his or her immediate family.

history: (History: Amended by Stats. 2002, Ch. 535, Sec. 4. Effective January 1, 2003.)

article: 3. Exemptions


text: This chapter does not apply to a poultry plant where poultry is slaughtered, dressed, and sold upon the premises where it was produced for purposes other than resale, if the entire poultry meat output of the producer is so sold.

article: 3. Exemptions


text: A person shall not operate a poultry plant unless he has obtained a license pursuant to this chapter.

article: 4. Licenses

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 1. POULTRY AND RABBITS > 2. Plant Sanitation > 4. Licenses


text: Each person shall, before operating a poultry plant, file an application with the director for a license to operate the poultry plant. The application shall be in such form as the director may prescribe.

article: 4. Licenses


text: The application for a license shall be accompanied by the license application fee.

article: 4. Licenses


text:
(a) Subject to Section 24745.5, the application fee for a new, previously unlicensed poultry plant is five hundred dollars ($500) for a license for one year for each poultry plant that the applicant desires to operate.

(b) The fee for a license application submitted upon change of ownership of an existing, previously licensed poultry plant shall be based on the number of poultry slaughtered by the poultry plant during the preceding October through September time period, as described in subdivision (b) of Section 24745.

(c) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date.

history: (History: Amended by Stats. 2021, Ch. 392, Sec. 5. (SB 815) Effective January 1, 2022. Repealed as of January 1, 2027, by its own provisions.)

article: 4. Licenses


text:
(a) Application for renewal of a license accompanied by a renewal fee shall be made on or before its expiration.

(b) Subject to Section 24745.5, the annual license renewal fee for a poultry plant is:

(1) Five hundred dollars ($500) if the plant slaughtered 10,000 or fewer poultry during the preceding October through September time period.

(2) Seven hundred fifty dollars ($750) if the plant slaughtered between 10,000 and 100,000 poultry during the preceding October through September time period.

(3) One thousand two hundred dollars ($1,200) if the plant slaughtered over 100,000 poultry during the preceding October through September time period.

(c) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date.

history: (History: Amended by Stats. 2021, Ch. 392, Sec. 6. (SB 815) Effective January 1, 2022. Repealed as of January 1, 2027, by its own provisions.)

article: 4. Licenses


text: If a licensee has two or more licenses in effect at the same meat processing establishment, custom livestock slaughterhouse, place of business, or poultry plant, pursuant to Section 19010, 19011, 19240, 19260, 19280, or 24741, the license fee that is the highest amount shall be paid in full and each additional license fee shall be in an amount that is 50 percent of the fee that would otherwise be applicable.

history: (History: Added by Stats. 2011, Ch. 134, Sec. 9. (AB 107) Effective July 26, 2011.)

article: 4. Licenses


text: Each license shall expire on the last day of the calendar year for which it is issued. The fee shall not be prorated.

history: (History: Repealed and added by Stats. 2011, Ch. 133, Sec. 36. (AB 120) Effective July 26, 2011.)

article: 4. Licenses


text: Each person that holds a license for a poultry plant shall file an application for the renewal of the license on or before the date of the expiration of the license.

article: 4. Licenses


text: Applicants for renewal who have not paid the renewal fee by the expiration date of the license shall be assessed a penalty of 10 percent of the unpaid balance. Failure to pay the renewal fee plus the penalty within 90 days of expiration shall cause a revocation of a license.

history: (History: Repealed and added by Stats. 2011, Ch. 133, Sec. 38. (AB 120) Effective July 26, 2011.)

article: 4. Licenses


text: Plans and specifications for any intended construction or major reconstruction of a poultry plant shall be submitted to the director. The director shall approve or disapprove the plans and specifications within 30 days.

article: 4. Licenses


text: The director may, after hearing, refuse to issue a license or renew a license and may revoke or suspend any license for any violation of, or failure to comply with, any provision of this chapter or any regulation which is adopted pursuant to it, or for any violation of, or failure to comply with, Section 25091.

article: 4. Licenses


text: Any proceedings pursuant to Section 24750 shall be conducted in accordance with Chapter 5 (commencing with Section 11500), Part 1, Division 3 of Title 2 of the Government Code. The director shall have all the powers which are granted in that chapter.

article: 4. Licenses


text:
(a) All fees, charges, and collections collected pursuant to Sections 24744, 24745, and 24748 shall be deposited in the Department of Food and Agriculture Fund.

(b) All fees, charges, and collections collected pursuant to Sections 24744, 24745, and 24748 shall be used for the enforcement of this division and shall be for a specific benefit or privilege conferred directly to the payer and such benefit or privilege shall not be provided to those not charged.

(c) Fees shall not exceed the reasonable costs associated with issuing a license or permit, performing investigations, inspections, and audits, enforcing provisions pursuant to the license or permit, and administrative enforcement and adjudication thereof.

history: (History: Added by Stats. 2011, Ch. 133, Sec. 39. (AB 120) Effective July 26, 2011.)

article: 4. Licenses


text:
A person shall not do any of the following:

(a) Operate a poultry plant which is not sanitary.

(b) Operate a poultry plant in a manner or under conditions which are not sanitary.

article: 5. Sanitation

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 1. POULTRY AND RABBITS > 2. Plant Sanitation > 5. Sanitation


text: After each day’s operation, a poultry plant and its outer premises shall be promptly cleaned in the manner which is prescribed by the regulations.

article: 5. Sanitation


text: This article does not apply to New York dressed fowl until November 1, 1967.

article: 6. Marks and Labels

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 1. POULTRY AND RABBITS > 2. Plant Sanitation > 6. Marks and Labels


text: Poultry meat shall not be packed, repacked, cut up, recut, or sold unless each container or each carcass is marked in the manner which is required by this chapter and the regulations which are adopted pursuant to it.

article: 6. Marks and Labels


text:
It is unlawful for any person to do any of the following:

(a) Violate any provision of this chapter or any regulation which is adopted pursuant to it.

(b) Operate a poultry plant without a license.

(c) Mislabel poultry meat.

article: 7. Violations

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 1. POULTRY AND RABBITS > 2. Plant Sanitation > 7. Violations


text: Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.

article: 1. Definitions

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 1. POULTRY AND RABBITS > 3. Poultry Meat Inspection for Wholesomeness > 1. Definitions


text: “Fowl” includes chickens, turkeys, ducks, geese, and other domesticated birds.

chapter: 3. Poultry Meat Inspection for Wholesomeness

article: 1. Definitions


text: “Growing poultry” means feeding and caring for poultry.

article: 1. Definitions


text: “Marked” means plainly, legibly, and conspicuously labeled, tagged, stenciled, or branded pursuant to this chapter and any regulations which are adopted pursuant to it.

article: 1. Definitions


text: “Mislabel” means the placing, or presence of any false, deceptive, or misleading mark, tag, brand, design, inscription, statement, billing, invoice, placard, sign, or other descriptive designation.

article: 1. Definitions


text: “New York dressed fowl” means fowl from which the feathers have been removed and the blood drawn and which is offered for sale as a whole fowl with the head, feet, and entrails intact.

article: 1. Definitions


text: “Poultry” means domesticated fowl or domesticated rabbit which is intended for use for human food.

article: 1. Definitions


text: “Poultry meat” means the carcass of poultry or any part of such carcass.

article: 1. Definitions


text: “Poultry meat inspector” means a person who after examination and demonstration has been issued a license by the director to inspect poultry meat for wholesomeness.

article: 1. Definitions


text:
“Poultry plant” means any of the following:

(a) Any place where poultry is slaughtered, dressed, or drawn.

(b) Any place, except a retail store or eating place, where poultry meat or poultry meat food products are cooked, cured, smoked, cut up, recut, packed, or repacked, or otherwise prepared for human food.

article: 1. Definitions


text: “Producer” means a person that is engaged in the business of growing any poultry, which is marketed as poultry meat, for a period of three weeks or more for the purpose of increasing the size and weight of such poultry.

article: 1. Definitions


text: “Regulations” means regulations which are adopted by the director to carry out the provisions of this chapter.

article: 1. Definitions


text:
“Wholesome” means that the poultry or poultry meat is free from all of the following:

(a) Physical evidence of any disease which is injurious to human health.

(b) Diseases or conditions which have rendered or would render the poultry meat unsuited for human food.

(c) Serious destruction of the flesh by disease or injury.

(d) Contamination by any substance which is injurious to human health.

article: 1. Definitions


text: The director shall adopt regulations for carrying out this chapter.

article: 2. General Provisions

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 1. POULTRY AND RABBITS > 3. Poultry Meat Inspection for Wholesomeness > 2. General Provisions


text: The regulations may include standards for poultry meat food products. The standards shall conform, so far as possible, to the standards which are adopted by the United States Department of Agriculture that pertain to the preparation and processing of poultry meat food products and the poultry meat which is used in such products.

article: 2. General Provisions


text: The director shall furnish to each person that holds a license which is issued pursuant to this chapter, or that makes an application for a license, a copy of the regulations.

article: 2. General Provisions


text: The director may bring an action to enjoin the violation or threatened violation of any provision of this chapter or the regulations which are adopted pursuant to it in the superior court in and for the county in which the violation occurred or is about to occur.

article: 2. General Provisions


text: Any proceeding pursuant to Section 24994 shall conform to the requirements of Chapter 3 (commencing with Section 525), Title 7, Part 2 of the Code of Civil Procedure. The director shall not, however, be required to allege facts necessary to show or tending to show lack of adequate remedy at law or to show or tending to show irreparable damage or loss.

article: 2. General Provisions


text: The director may inspect, reinspect, or order the reinspection of any poultry meat or poultry meat food product which is being processed or stored in a plant that is licensed under this part. He shall condemn or order the condemnation of any such poultry meat or poultry meat product and poultry meat food product which is found to be unwholesome.

article: 2. General Provisions


text: If an action of an inspector in condemning any poultry meat or poultry meat product is questioned, appeal by the licensed plant operator may be made to the immediate supervisor of the inspector, and from his or her decision appeal may be made to the Chief of the Bureau of Meat and Poultry Inspection whose decision is final.

history: (History: Amended by Stats. 1985, Ch. 699, Sec. 9.)

article: 2. General Provisions


text: This chapter, except Section 25128, does not apply to poultry meat which has been inspected and passed for wholesomeness by the United States Department of Agriculture if the immediate container or carcass of the poultry meat bears the official wholesomeness inspection mark of such department at the time of sale. If, however, any cooking, curing, smoking, packing, repacking, cutting up or recutting is done in this state, except in a retail store or public eating house, it shall be done in a poultry plant under federal or state inspection.

article: 3. Exemptions

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 1. POULTRY AND RABBITS > 3. Poultry Meat Inspection for Wholesomeness > 3. Exemptions


text: This chapter, except Section 25128, does not apply to poultry meat which bears the official mark of a city, county, or state poultry meat inspection service for wholesomeness in another state which has requirements equal to those provided for in this chapter, if such out-of-state requirements have been approved by the director.

article: 3. Exemptions


text:
(a) This chapter does not apply to poultry meat which is derived from poultry which is produced upon the premises where it is slaughtered if the poultry meat is sold by the producer in any of the following ways:

(1) At retail on the premises.

(2) At retail by the producer of the poultry meat off of the premises, either direct to consumers at their homes or at a retail stand which is operated by the producer in a farmers’ market.

(b) As used in this section, “producer” includes only an individual producer who does not employ, except in unforeseeable exigencies, any person except members of his or her immediate family.

history: (History: Amended by Stats. 2002, Ch. 535, Sec. 5. Effective January 1, 2003.)

article: 3. Exemptions


text: This chapter does not apply to poultry meat which is derived from poultry which is slaughtered, dressed, and sold on the premises where it is produced for purposes other than resale, if the entire poultry meat output of the producer of such poultry is so sold.

article: 3. Exemptions


text: A person shall not act as a poultry meat inspector unless he has a license which is issued pursuant to this chapter.

article: 4. Meat Inspector Licenses

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 1. POULTRY AND RABBITS > 3. Poultry Meat Inspection for Wholesomeness > 4. Meat Inspector Licenses


text: Each person before acting as a poultry meat inspector shall apply to and receive from the director a license to inspect poultry meat.

article: 4. Meat Inspector Licenses


text:
(a) The application fee for a license is one hundred dollars ($100).

(b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date.

history: (History: Amended by Stats. 2021, Ch. 392, Sec. 7. (SB 815) Effective January 1, 2022. Repealed as of January 1, 2027, by its own provisions.)

article: 4. Meat Inspector Licenses


text: Every license shall expire on the last day of the calendar year for which it is issued.

article: 4. Meat Inspector Licenses


text:
(a) Application for renewal of a license accompanied by a fee of one hundred dollars ($100) shall be made on or before the last day of the calendar year for which the license was issued.

(b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date.

history: (History: Amended by Stats. 2021, Ch. 392, Sec. 8. (SB 815) Effective January 1, 2022. Repealed as of January 1, 2027, by its own provisions.)

article: 4. Meat Inspector Licenses


text:
(a) Applicants for renewal who have not paid the renewal fee by the expiration date of the license shall be assessed a twenty-five dollar ($25) penalty. Failure to pay the renewal fee plus the penalty within 90 days of expiration shall cause a revocation of a license.

(b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date.

history: (History: Amended by Stats. 2021, Ch. 392, Sec. 9. (SB 815) Effective January 1, 2022. Repealed as of January 1, 2027, by its own provisions.)

article: 4. Meat Inspector Licenses


text: If a license lapses for two calendar years, it is not subject to renewal. Any application for the renewal of such license shall be considered a new application.

article: 4. Meat Inspector Licenses


text: The director shall, after the written and oral examination and demonstration which are prescribed by Section 25059, issue to any person who passes the examination and is otherwise qualified a license to inspect poultry meat for wholesomeness. If an applicant for a license to inspect poultry meat does not take such examination within one year after the date of the receipt of his application by the director, his application expires.

article: 4. Meat Inspector Licenses


text:
The written and oral examination and demonstration which are required by Section 25058 shall show the applicant’s ability to understand laws and regulations which pertain to poultry meat inspection and his knowledge of all of the following:

(a) Conditions which affect wholesomeness in poultry meat and poultry meat products.

(b) The anatomy of poultry.

(c) Routine processing techniques and equipment which are used in poultry processing plants, and poultry plant sanitation.

article: 4. Meat Inspector Licenses


text: The director shall, from time to time, arrange for the conducting of schools of instruction for poultry meat inspectors.

article: 4. Meat Inspector Licenses


text: The director may, after hearing, refuse to issue a license or renew a license and he may suspend or revoke any license for any violation of, or failure to comply with, any provision of this chapter or the regulations which are adopted pursuant to it. The director may suspend temporarily, pending hearing, any license for any willful or deliberate violation.

article: 4. Meat Inspector Licenses


text: Any proceedings under Section 25061 shall be conducted in accordance with Chapter 5 (commencing with Section 11500), Part 1, Division 3 of Title 2 of the Government Code. The director shall have all the powers which are granted in that chapter.

article: 4. Meat Inspector Licenses


text:
(a) All fees, charges, and collections collected pursuant to Sections 25053, 25055, and 25056 shall be deposited in the Department of Food and Agriculture Fund.

(b) All fees, charges, and collections collected pursuant to Sections 25053, 25055, and 25056 shall be used for the enforcement of this division and shall be for a specific benefit or privilege conferred directly to the payer and such benefit or privilege shall not be provided to those not charged.

(c) Fees shall not exceed the reasonable costs associated with issuing a license or permit, performing investigations, inspections, and audits, enforcing provisions pursuant to the license or permit, and administrative enforcement and adjudication thereof.

history: (History: Added by Stats. 2011, Ch. 133, Sec. 44. (AB 120) Effective July 26, 2011.)

article: 4. Meat Inspector Licenses


text: A person shall not operate a poultry plant unless all the poultry meat in the poultry plant is inspected by a poultry meat inspector pursuant to the regulations.

article: 5. Requirements for Inspection

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 1. POULTRY AND RABBITS > 3. Poultry Meat Inspection for Wholesomeness > 5. Requirements for Inspection


text:
The poultry meat inspector shall inspect, pursuant to the regulations, and classify any poultry meat, poultry meat product, or poultry meat food product which is presented for inspection into one of the following classes:

(a) Wholesome.

(b) Retained for further inspection.

(c) Condemned for human food.

article: 5. Requirements for Inspection


text: The poultry meat inspector shall apply or direct the application of the proper marks, as determined by regulation.

article: 5. Requirements for Inspection


text: All poultry meat which is condemned for human food shall be disposed of pursuant to the regulations.

article: 5. Requirements for Inspection


text: Poultry meat may be passed for further processing in a plant which is licensed pursuant to this part.

article: 5. Requirements for Inspection


text: Poultry meat shall not be packed, repacked, cut up, recut, or sold unless each container or each carcass is marked in the manner which is required by this chapter and the regulations which are adopted pursuant to it.

article: 6. Marks and Labels

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 1. POULTRY AND RABBITS > 3. Poultry Meat Inspection for Wholesomeness > 6. Marks and Labels


text: A poultry meat inspector shall place or cause to be placed a mark on each carcass or container of poultry meat before the poultry meat is removed from a poultry plant.

article: 6. Marks and Labels


text: The marks which are required by this article are in addition to those required by Section 24802 but may be in combination with such marks.

article: 6. Marks and Labels


text: The director shall determine by regulation the official design of the marks which are required by this article.

article: 6. Marks and Labels


text: Each poultry plant shall submit samples of the proposed method of use of the design of a mark to the director. The method shall be approved by the director before it is used.

article: 6. Marks and Labels


text: It is unlawful for any person to sell or mark as inspected for wholesomeness any poultry meat that has not been inspected and passed for wholesomeness pursuant to this chapter and regulations which are adopted pursuant to it.

article: 6. Marks and Labels


text: It is unlawful for any person, other than the consumer of poultry meat, to remove from any whole carcass of poultry meat, or from any part of a dismembered carcass of poultry meat, any official wholesomeness inspection mark of the United States Department of Agriculture, or of any city, county, or state poultry meat inspection service. As used in this section, “consumer” includes a restaurant or other place where such poultry meat is cooked and sold for consumption on or off the premises.

article: 6. Marks and Labels


text: It is unlawful for any person to violate any provision of this chapter, or any regulations which are adopted by the director pursuant to this chapter.

article: 7. Violations

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 1. POULTRY AND RABBITS > 3. Poultry Meat Inspection for Wholesomeness > 7. Violations


text: Unless the context otherwise requires, the definitions in this chapter govern the construction of this part.

chapter: 1. Definitions

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 2. CLASSIFICATION OF POULTRY AND RABBIT MEAT > 1. Definitions


text: “Class” means a division of poultry meat which is based on essential physical characteristics which with the weights differentiate between uses of the meat.

part: 2. CLASSIFICATION OF POULTRY AND RABBIT MEAT


text: “Fowl” includes chickens, turkeys, ducks, geese, and other domesticated birds.

history: (History: Enacted by stats. 1967, Ch. 15.)


text: “Growing poultry” means feeding and caring for poultry.


text: “Marked” means plainly, legibly, and conspicuously labeled, stamped, tagged, stenciled, or branded, in the manner which is prescribed by regulations of the director, to show the class of poultry meat.


text: “Mislabel” means the placing, or presence of any false, deceptive, or misleading mark, tag, brand, design, inscription, statement, billing, invoice, placard, sign or other descriptive designation.


text: “New York dressed fowl” means fowl from which the feathers have been removed and the blood drawn and which is offered for sale as a whole fowl with the head, feet, and entrails intact.


text: “Poultry” means domesticated fowl and domesticated rabbit which is intended for use for human food.


text: “Poultry meat” means the carcass of poultry or any part of the carcass, except the giblets. It does not include live poultry or processed poultry meat.


text:
“Poultry plant” means any of the following:

(a) Any place where poultry is slaughtered, dressed, or drawn.

(b) Any place where poultry meat is cut up, recut, packed or repacked, or otherwise prepared for human food.


text:
“Processing” means the commercial manufacturing of products of poultry meat by any method of cooking. It also includes all of the following:

(a) Cutting up into pieces smaller than the customary parts such as, in the case of poultry, necks, breasts, wings, backs, legs, thighs, or similar and identifiable portions of the carcass.

(b) Complete deboning of poultry meat.


text: “Producer” means any person that is engaged in the business of growing any poultry, which is marketed as poultry meat, for a period of three weeks or more for the purpose of increasing the size and weight of such poultry.


text: The director shall adopt regulations for carrying out this part.

chapter: 2. General Provisions

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 2. CLASSIFICATION OF POULTRY AND RABBIT MEAT > 2. General Provisions


text: The director shall enforce this part where any poultry meat is packed, repacked, cut up, or recut.


text: The director and the commissioners of each county, under the supervision of the director, shall enforce this part where any poultry meat is offered for sale or sold.


text:
An enforcing officer may do all of the following:

(a) Enter and inspect any place or conveyance where any poultry or poultry meat is produced, prepared, packed, repacked, cut up, recut, stored, delivered for shipment, loaded, shipped, transported, or sold.

(b) Inspect all poultry and poultry meat and any container of poultry or poultry meat which is found at the place or conveyance which is entered and inspected.

(c) Take for inspection such representative samples of the poultry, poultry meat, or containers as may be necessary to determine whether or not this part has been violated.


text: Any enforcing officer may, while enforcing this part, seize or hold as evidence all or any part of any lot of poultry meat which is found to be in violation of this part as may in his judgment be necessary to obtain the conviction of the party he knows or believes has violated or is violating any provision of this part.


text: Any lot of poultry meat which does not comply in all respects with the provisions of this part and the regulations which are adopted pursuant to it is a public nuisance.


text: Any enforcing officer who has reason to believe that any lot of poultry meat does not comply in all respects with this part, may hold the lot pending proceedings to condemn and abate it as a public nuisance pursuant to this chapter.


text: The officer may affix to any lot which is held pursuant to Section 25557 a tag or notice which warns that the lot is held and states the reasons for which it is held. It is unlawful for any person, except an authorized enforcing officer, to detach, alter, deface, or destroy any such tag or notice which is affixed to any such lot, or remove or dispose of such lot in any manner or under conditions other than as prescribed by such tag or notice, except upon written permission of an authorized enforcing officer or by the order of a court.


text: The officer by whom any lot of poultry meat is held shall cause a notice of noncompliance to be served upon the person in possession of the lot. The notice of noncompliance shall include a description of the lot, the place where and the reasons for which it is held, and shall give notice that the lot is a public nuisance and subject to disposal pursuant to this chapter, unless within a specified time the lot is reconditioned or the deficiency otherwise corrected so as to bring it into compliance.


text: If the person served is not the sole owner of the lot of poultry meat, or does not have authority as agent for the owner to bring the lot into compliance, such person shall notify the officer by whom such lot is held, in writing, of the names and addresses of the owner and every other person that is known to him to claim an interest in the lot. Any person served is liable for any loss sustained by such owner or other person whose name and address he has knowingly concealed from such officer.


text: If the lot of poultry meat is not reconditioned or the deficiency otherwise corrected so as to bring it into compliance within the time which is specified in the notice, the enforcing officer shall cause a copy of the notice of noncompliance to be served upon every person that is designated in writing by the person in possession of the lot to be the owner or to claim an interest in it.


text: Any notice which is required by this chapter may be served personally or by mail addressed to the person to be served at his last known address.


text: The enforcing officer, with the written consent of every person that is served, may destroy the lot of poultry meat or otherwise abate the nuisance. If any such person fails or refuses to give such consent, the enforcing officer shall proceed as provided in Sections 25564 and 25565.


text: If the lot of poultry meat that is held is perishable or subject to rapid deterioration, the enforcing officer may file a verified petition in superior court to destroy the lot or otherwise abate the nuisance. The petition shall show the condition of the lot, that the lot is situated within the county, that the lot is held, and that notice of noncompliance has been served pursuant to this chapter. The court may thereupon order that the lot be forthwith destroyed or the nuisance otherwise abated as set forth in the order. A proceeding under this section is a limited civil case if the value of the property in controversy is less than or equal to the maximum amount in controversy for a limited civil case under Section 85 of the Code of Civil Procedure.

history: (History: Amended by Stats. 2007, Ch. 43, Sec. 12. Effective January 1, 2008.)


text:
If the lot of poultry meat which is held is not perishable or subject to rapid deterioration, the enforcing officer shall immediately report the condition of the lot to the director. Within five days from the receipt of such report, the director may file a petition in the superior court in the county where the lot is situated for an order to show cause, returnable in five days, why the lot should not be abated.

The owner or person in possession of the lot of poultry meat, on his own motion within five days from the expiration of the time specified in the notice of noncompliance may file a petition in such court for an order to show cause, returnable in five days, why the lot should not be released to petitioner and any warning tags previously affixed removed from it.

Final determination by court in either case shall be within a period of not to exceed 20 days from the date the petition is filed.


text: The court may enter judgment ordering that the lot of poultry meat be condemned and destroyed in the manner directed by the court or relabeled, denatured, or otherwise processed, or sold or released upon such conditions as the court in its discretion may impose to insure that the nuisance will be abated. If the poultry meat is sold by order of court, the costs of storage, handling, and reconditioning or disposal shall be deducted from the proceeds of sale and the balance, if any, paid into court for the owner.


text: This part, except Section 26008, does not apply to poultry meat or a container of poultry meat which is marked with the official class as prescribed by the Consumer and Marketing Service of the United States Department of Agriculture; if such official class marking meets the requirements of this part.

chapter: 3. Exemptions

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 2. CLASSIFICATION OF POULTRY AND RABBIT MEAT > 3. Exemptions


text: This part, except Section 26008, does not apply to poultry meat which is marked as to a class that is officially approved by another inspection service whose requirements for class markings meet the requirements of this part.


text:
(a) This part does not apply to poultry meat which is derived from poultry which is produced upon the premises where it is slaughtered if the poultry meat is sold by the producer in any of the following ways:

(1) At retail upon the premises.

(2) At retail off of the premises, either direct to consumers at their homes or at a retail stand which is operated by the producer in a farmers’ market.

(b) As used in this section, “producer” includes only an individual producer who does not employ, except in unforeseeable exigencies, any person except members of his or her immediate family.

history: (History: Amended by Stats. 2002, Ch. 535, Sec. 6. Effective January 1, 2003.)


text: This part does not apply to poultry meat which is derived from poultry which is slaughtered, dressed, and sold on the premises where it is produced for purposes other than resale, if the entire poultry meat output of the producer of such poultry is so sold.

history: (History: Enacted by Stats. 1967, Ch. 15.)


text: The classes of the kinds of poultry meat are as established in this chapter and any regulations which are adopted by the director pursuant to Section 25857.

chapter: 4. Poultry and Rabbit Meat Classes

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 2. CLASSIFICATION OF POULTRY AND RABBIT MEAT > 4. Poultry and Rabbit Meat Classes


text:
The classes of chicken meat, as determined by inspection of appearance and other physical characteristics, are as follows:

(a) “Rock Cornish game hen” or “Cornish game hen” means a young immature chicken of either sex (usually five to six weeks of age) which weighs not more than two pounds ready-to-cook weight that was prepared from a Cornish chicken of the progeny of a Cornish chicken crossed with another breed of chicken.

(b) “Broiler” or “fryer” means a young chicken (usually under 16 weeks of age) of either sex, that is tender-meated, with soft, pliable, smooth-textured skin, and flexible breastbone cartilage.

(c) “Roaster” means a young chicken (usually under eight months of age) of either sex, that is tender-meated, with soft, pliable, smooth-textured skin, and breastbone cartilage that is somewhat less flexible than that of a broiler or fryer.

(d) “Caponette,” “caponette fryer,” or “caponette roaster” means a young chicken with the general characteristics of either a fryer or roaster which has been treated with a hormone approved by the Food and Drug Administration of the United States Department of Health, Education and Welfare.

(e) “Capon” means an unsexed male chicken (usually under 10 months of age), that is tender-meated with soft, pliable, smooth-textured skin.

(f) “Hen” or “stewing chicken” or “fowl” means a mature female chicken (usually more than 10 months old) with meat less tender than that of a roaster, and nonflexible breastbone.

(g) “Stag” means a male chicken (usually under 10 months of age) with coarse skin, somewhat toughened and darkened flesh, and considerable hardening of the breastbone cartilage. Stags show a condition of fleshing and a degree of maturity intermediate between that of a roaster and a cock or old rooster.

(h) “Cock” or “old rooster” means a mature male chicken with coarse skin, toughened and darkened meat, and hardened breastbone.

history: (History: Amended by Stats. 1967, Ch. 990.)


text:
The classes of turkey meat as determined by appearance are as follows:

(a) “Fryer” or “roaster” means a young, immature turkey (usually under 16 weeks of age) of either sex, that is tender meated with soft, pliable, smooth-textured skin, and flexible breastbone.

(b) “Young turkey” means a turkey (usually under eight months of age) that is tender meated with soft, pliable, smooth-textured skin, and breastbone cartilage that is somewhat less flexible than in a turkey fryer or roaster. For labeling purposes, the designation of sex within the class name is optional.

(c) “Yearling hen turkey” means a fully matured female turkey (usually under 15 months of age) that is reasonably tender meated and with reasonably smooth-textured skin.

(d) “Yearling tom turkey” means a fully matured male turkey (usually under 15 months of age) that is reasonably tender meated and with reasonably smooth-textured skin.

(e) “Mature turkey” or “old turkey (hen or tom)” means an old turkey of either sex (usually in excess of 15 months of age) with coarse skin and toughened flesh.


text:
The classes of rabbit meat as determined by appearance and weight are as follows:

(a) “Rabbit fryer” means a young, domestic rabbit (usually under 12 weeks of age) with tender, fine-grained, and bright pearly white color which may be properly cooked by broiling or frying and which weighs not less than 112 pounds or over 312 pounds ready-to-cook weight.

(b) “Rabbit roaster” means a domestic rabbit (over 12 weeks of age) which may be properly cooked by roasting, and which weighs 312 to 5 pounds ready-to-cook weight.

(c) “Stewing rabbit” means a mature domestic rabbit of either sex (over six months of age) which may be properly cooked by stewing at any ready-to-cook weight.


text:
The following are the various classes of ducks:

(a) “Duckling” means a young duck of either sex (usually under 10 weeks of age) that is tender meated and has a bill that is not completely hardened and windpipe that is easily dented. This classification may include broilers, fryers, or roasters.

(b) “Duck” means a mature duck or an old duck (usually over 10 weeks of age) of either sex with toughened flesh, hardened bill, and a hardened windpipe.


text:
The following are the various classes of geese:

(a) “Young goose” means a goose of either sex which is tender meated, and has a windpipe that is easily dented.

(b) “Mature goose” or “old goose” means a goose of either sex which has toughened flesh and a hardened windpipe.


text: The director may, by regulation, adopt any necessary new class designations and class specifications or modifications of existing class designations and class specifications. He shall, in exercising such authority, take into consideration the standard class designations and class specifications promulgated by the United States Department of Agriculture.


text:
A person shall not pack, repack, cut up, recut, or sell poultry meat unless all carcasses and the parts of carcasses are placed in classes established pursuant to this part.

The provisions of this section, except those which require that poultry, poultry meat, or carcasses be placed in classes and marked to show the class of poultry meat, do not apply to New York dressed fowl until November 1, 1967.

chapter: 5. Requirements

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 2. CLASSIFICATION OF POULTRY AND RABBIT MEAT > 5. Requirements


text: Except as otherwise provided in Sections 26003, 26004, 26005, and 26006, a person shall not pack, repack, cut up, recut, or sell poultry meat unless each carcass or its wrapper or, in the case of cut-up poultry or poultry parts, the container is marked, in the manner which is prescribed by regulations of the director, to show the class of poultry meat.


text: The provisions of Section 26002, except those which require that poultry, poultry meat, or carcasses be placed in classes and marked to show the class of poultry meat, do not apply to New York dressed fowl until November 1, 1967.


text:
Individual carcasses of poultry meat or packages of cut-up poultry or poultry parts need not be marked with class designation in any of the following cases:

(a) If they are prepared for use by institutions or public eating houses.

(b) If they are prepared for use for processing.

(c) If they are prepared for transportation or being transported to a plant for further preparation or packaging, and packaged in shipping containers which hold several carcasses or packages of such poultry.

Each shipping container shall be clearly and conspicuously marked with the proper designation of class, and of the intended use, in letters at least one-half of an inch in height, on a surface which is readily visible to the purchaser.


text: Poultry parts which are displayed for sale to consumers in bulk without being packaged or wrapped, shall be segregated as to class of poultry meat. The class or classes shall be designated upon a placard which clearly identifies the poultry parts which are designated by the placard in a clear and conspicuous manner that is readily visible to the purchaser.


text: Cut-up poultry meat which consists of all of the parts of a carcass, prepared, packaged, and offered for sale shall be from only one class of poultry meat. Containers of poultry parts of different classes, shall be marked to indicate the classes and the quantity of each.


text: If a class of any kind of poultry meat contains two or more designations, any combination of the designations may appear in the class marking which is required by this chapter.


text:
(a) It is unlawful for any person to sell any whole carcass of chicken poultry meat unless such carcass, or the immediate package or other container in which it is sold, is plainly, legibly, and conspicuously labeled, stamped, tagged, or branded to show the name and address of the poultry plant where the chicken was slaughtered or the name of the state in which the chicken was grown or raised.

(b) Chicken poultry meat which is sold to institutions, to restaurants, or to processors for processing, may bear the label which is required in subdivision (a) of this section on each shipping container in lieu of individual carcass labeling.


text: It is unlawful for any person to violate any provision of this part or any regulation which is adopted pursuant to it.

chapter: 6. Violations

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 2. CLASSIFICATION OF POULTRY AND RABBIT MEAT > 6. Violations


text: The provisions of this part, including the payment of fees, are applicable to all state and county institutions which are engaging in livestock operations.

part: 3. POULTRY

chapter: 1. General Provisions

article: 1. Application

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 3. POULTRY > 1. General Provisions > 1. Application


text: The director may make any necessary investigations relative to reported violations of this part pursuant to Article 2 (commencing with Section 11180), Chapter 2, Part 1, Division 3, Title 2 of the Government Code.

article: 2. Investigations

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 3. POULTRY > 1. General Provisions > 2. Investigations


text:
The Attorney General shall, upon complaint by the director, or may upon his own initiative if after examination of the complaint and evidence he believes a violation of any provision of this part has occurred, bring an action in the name of the people of this state in the superior court for an injunction against any person violating any provision of this part or any regulation duly issued by the director pursuant to it.

Any proceedings pursuant to this section shall conform to the requirements of Chapter 3 (commencing with Section 525), Title 7, Part 2 of the Code of Civil Procedure. The director is not, however, required to allege facts necessary to show or tending to show lack of adequate remedy at law or to show or tending to show irreparable damage or loss.

article: 3. Civil Remedies

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 3. POULTRY > 1. General Provisions > 3. Civil Remedies


text: Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.

chapter: 2. Sale, Possession, and Transportation

article: 1. Definitions

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 3. POULTRY > 2. Sale, Possession, and Transportation > 1. Definitions


text: “Dealer” includes any person that is operating as a poultry retailer, poultry wholesaler, butcher, slaughterer, poultry packer, poultry buyer, or poultry commission merchant.

article: 1. Definitions


text: “Place of business” includes any place or building in which, or at which, the business of a poultry dealer is conducted. Any group of buildings used as an integral part of one business shall be considered as one place of business.

article: 1. Definitions


text: “Poultry” includes chickens, ducks, geese, turkeys, and all other fowls or birds which are used for food or production purposes.

article: 1. Definitions


text: This chapter only applies to the sale, purchase, or marketing of poultry in any county of this state and to the transportation of poultry in, through, or between any county or counties of this state.

article: 2. General Provisions

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 3. POULTRY > 2. Sale, Possession, and Transportation > 2. General Provisions


text: Any person that offers poultry for shipment shall furnish a statement of ownership or right of possession of such poultry to the person, carrier, or transportation company which is to transport such shipment. The statement shall be kept as part of the record of the person, carrier, or transportation company that transports such shipment.

article: 3. Transportation

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 3. POULTRY > 2. Sale, Possession, and Transportation > 3. Transportation


text:
Any person, carrier, or transportation company which receives for transportation or transports any poultry shall at all times keep a correct record which shows all of the following:

(a) The point of origin and destination of any shipment of poultry.

(b) The names and addresses of the shipper and consignee.

(c) The kind and quantity of poultry transported.

article: 3. Transportation


text: All peace officers, sheriffs or deputy sheriffs, members or officers of the California Highway Patrol and traffic officers may arrest, without warrant, any person that is found moving poultry in any manner which is not prescribed by this chapter, and may seize the poultry.

article: 3. Transportation


text: The carrier from whom the poultry is seized pursuant to Section 26603 is not liable or responsible to the owner, shipper, or consignee for the seizure.

article: 3. Transportation


text:
Any dealer or person that handles poultry for resale shall make and retain a record which shows all of the following:

(a) The origin, ownership, and right of possession of the poultry.

(b) The name and address of the seller or shipper of the poultry.

article: 4. Resale

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 3. POULTRY > 2. Sale, Possession, and Transportation > 4. Resale


text: It is unlawful for any person to brand, or to alter or deface the brand on, any poultry with intent to steal it or to prevent identification of the poultry by the true owner.

article: 5. Brands

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 3. POULTRY > 2. Sale, Possession, and Transportation > 5. Brands


text: It is unlawful for any person to have in his possession any poultry the brand on which has been altered or defaced unless he received it from the true owner of the poultry.

article: 5. Brands


text:
(a) (1) No person who processes, butchers, slaughters, packs, repacks, or sells poultry or poultry meat shall advertise, hold out, distribute, or sell as “fresh” any poultry or poultry meat whose internal temperature has been below 26 degrees Fahrenheit.

(2) No person who processes, butchers, slaughters, packs, repacks, or sells poultry or poultry meat shall label as “fresh” any poultry or poultry meat whose internal temperature has been below 26 degrees Fahrenheit.

(3) No poultry or poultry meat that is distributed or sold as “fresh” shall be stored or handled in such a manner that it reaches an internal temperature below 26 degrees Fahrenheit.

(4) No person who processes, butchers, slaughters, packs, repacks, or sells poultry or poultry meat may sell or distribute poultry or poultry meat if it is adulterated, misbranded, or if its labeling is false or misleading in any particular.

(b) No poultry retailer is guilty of a violation of subdivision (a) or of the regulations adopted pursuant to subdivision (c) unless the poultry retailer engages, with actual knowledge, in an act prohibited by subdivision (a).

(c) The secretary may adopt regulations reasonably necessary for carrying out this section, and those regulations shall be, insofar as possible, consistent with regulations adopted by the United States Department of Agriculture.

(d) Each prohibition in subdivision (a) stands alone and if any prohibition in subdivision (a) has been held, or in the future is held, to be unconstitutional, preempted by federal law, or otherwise invalid by any court, all of the other prohibitions set forth in subdivision (a) are intended to, and shall remain, fully effective and shall be interpreted to exclude the unconstitutional, preempted, or otherwise invalid prohibition or prohibitions. If any sentence, clause, word, or portion of this section is for any reason held to be unconstitutional, preempted by federal law, or otherwise invalid, that holding shall not affect the remaining portions of this section. The Legislature hereby declares that it would have enacted this section and each sentence, clause, word, or portion thereof despite the fact that one or more sentences, clauses, words, or portions of this section may be held unconstitutional, preempted by federal law, or otherwise invalid.

history: (History: Amended by Stats. 1994, Ch. 106, Sec. 2. Effective June 16, 1994.)

article: 5.5. Fresh Poultry

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 3. POULTRY > 2. Sale, Possession, and Transportation > 5.5. Fresh Poultry


text: Any person that violates any provision of this chapter is guilty of a misdemeanor. Upon conviction, such person shall be punished by a fine not exceeding two hundred dollars ($200), or by imprisonment not exceeding six months in the county jail, or by both such fine and imprisonment.

history: (History: Amended by Stats. 1983, Ch. 1092, Sec. 115. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)

article: 6. Violations

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 3. POULTRY > 2. Sale, Possession, and Transportation > 6. Violations


article: 1. Definitions

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 3. POULTRY > 3. Poultry Meat Containing Spoilage Retardant Compound > 1. Definitions


text: “Poultry” means domesticated fowl which is intended for use for human food. It includes chickens, turkeys, ducks, geese, and other domesticated birds.

chapter: 3. Poultry Meat Containing Spoilage Retardant Compound

article: 1. Definitions


text: “Spoilage retardant compound” means any compound, drug, or antibiotic which is added to poultry meat which retards or limits spoilage. Seasonings, spices, or flavorings, such as salt or smoke, are not chemical preservatives.

article: 1. Definitions


text: The director shall adopt regulations for carrying out this chapter.

article: 2. General Provisions

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 3. POULTRY > 3. Poultry Meat Containing Spoilage Retardant Compound > 2. General Provisions


text: The director shall enforce this chapter where any poultry meat is packed, repacked, cut up, or recut. The director and the commissioners of each county, under the supervision of the director, shall enforce this chapter where any poultry meat is sold.

article: 2. General Provisions


text: Before being offered for either wholesale or retail sale, any whole carcass of poultry meat to which a spoilage retardant compound has been added shall be marked to indicate the retardant which was used. Such marking shall be affixed to the whole carcass of poultry meat or on the package in which it is offered for sale.

article: 3. Regulations

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 3. POULTRY > 3. Poultry Meat Containing Spoilage Retardant Compound > 3. Regulations


text: No whole carcass of poultry meat shall be sold unless it is conspicuously and accurately marked in accordance with the requirements of this chapter.

article: 3. Regulations


text: Any person that violates any provision of this chapter or any regulation which is adopted pursuant to this chapter is guilty of a misdemeanor.

article: 4. Violations

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 3. POULTRY > 3. Poultry Meat Containing Spoilage Retardant Compound > 4. Violations


text: It is unlawful for any person to immerse or soak the carcass of any slaughtered rabbit in water for a period longer than necessary to eliminate the natural animal heat in the carcass and in no event for a period longer than 212 hours.

chapter: 4. Immersion of Rabbit Carcasses

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 3. POULTRY > 4. Immersion of Rabbit Carcasses


text: Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.

chapter: 5. Moisture Content of Poultry Meat

article: 1. Definitions

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 3. POULTRY > 5. Moisture Content of Poultry Meat > 1. Definitions


article: 1. Definitions


text: “Poultry meat” means the carcass of poultry or any part of the carcass in the raw state. It does not include poultry meat food products.

article: 1. Definitions


text: The director shall enforce this chapter.

article: 2. General Provisions

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 3. POULTRY > 5. Moisture Content of Poultry Meat > 2. General Provisions


text: The director may adopt such regulations as are reasonably necessary for carrying out this chapter.

article: 2. General Provisions


text: The regulations which are adopted by the director shall be, insofar as possible, similar to and consistent with regulations which are adopted by the United States Department of Agriculture.

article: 2. General Provisions


text:
An enforcing officer may do all of the following:

(a) Enter and inspect any place or conveyance where any poultry or poultry meat is produced, prepared, packed, repacked, cut up, recut, stored, delivered for shipment, loaded, shipped, transported, or sold.

(b) Inspect all poultry and poultry meat and any container of poultry or poultry meat which is found at the place or conveyance which is entered and inspected.

(c) Take for inspection such representative samples of the poultry or poultry meat and the poultry and poultry meat containers as may be necessary to determine by laboratory analysis or other tests whether or not this chapter has been violated.

article: 2. General Provisions


text: It is unlawful for any person to sell poultry meat which contains added moisture in excess of 4 percent by weight, or in excess of any greater amount that may be established by regulations of the director as necessary in good commercial processing techniques consistent with protection of the interests of the consuming public.

article: 3. Limitations

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 3. POULTRY > 5. Moisture Content of Poultry Meat > 3. Limitations


text: It is unlawful for any person to violate any provision of this chapter or any regulation which is adopted pursuant to it.

article: 4. Violations

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 3. POULTRY > 5. Moisture Content of Poultry Meat > 4. Violations


chapter: 6. California Grown Poultry

article: 1. Definitions

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 3. POULTRY > 6. California Grown Poultry > 1. Definitions


text: “Poultry” means domesticated fowl that is intended for use for human food. It includes chickens, game hens, turkeys, ducks, geese, and other domesticated birds.

history: (History: Added by Stats. 1994, Ch. 223, Sec. 2. Effective January 1, 1995.)

article: 1. Definitions


text: “Poultry meat” means the carcass of poultry or any part of the carcass. It does not include live poultry or manufactured products in which poultry is not the main ingredient.

history: (History: Added by renumbering Section 27202 by Stats. 1994, Ch. 223, Sec. 1. Effective January 1, 1995.)

article: 1. Definitions


text: Before being offered for retail sale in this state, poultry meat of poultry that was grown or raised in this state may be advertised, labeled, described, sold, marked, or otherwise held out, with the words “California grown,” or other similar language indicating that the meat is from California grown or raised poultry.

history: (History: Repealed and added by Stats. 1994, Ch. 223, Sec. 4. Effective January 1, 1995.)

article: 2. Marks and Labels

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 3. POULTRY > 6. California Grown Poultry > 2. Marks and Labels


text:
(a) Poultry meat of poultry that was not grown or raised in this state and packages of that meat shall not be advertised, labeled, described, sold, marked, or otherwise held out as “California grown,” or in any way as to imply that the meat is from California grown or raised poultry.

(b) It is unlawful for any person to violate this section.

(c) A violation of this section constitutes an unfair and unlawful business act or practice under Section 17200 of the Business and Professions Code, and a false or misleading statement under Section 17500 of the Business and Professions Code.

article: 2. Marks and Labels


text: Unless the context otherwise requires, the definitions set forth in this article shall govern the construction of this chapter.

history: (History: Repealed and added by Stats. 1971, Ch. 1009.)

part: 4. EGGS AND EGG PRODUCTS

chapter: 1. Eggs

article: 1. Definitions and General Provisions

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 4. EGGS AND EGG PRODUCTS > 1. Eggs > 1. Definitions and General Provisions


text: “Agent” includes bailee, broker, commission merchant, factor, auctioneer, solicitor, consignee, and any other person that is acting upon the express or implied authority of another.

article: 1. Definitions and General Provisions


text: “At retail” means a sale or transaction between a retailer and a consumer.

article: 1. Definitions and General Provisions


text: “California egg” means an egg produced in this state.

history: (History: Added by Stats. 2003, Ch. 283, Sec. 1. Effective January 1, 2004.)

article: 1. Definitions and General Provisions


text: “Candling” means the examination of the interior of eggs by use of a transmitted light.

article: 1. Definitions and General Provisions


text: “Cold storage eggs” means eggs which have been in cold storage for a period of more than 30 days.

article: 1. Definitions and General Provisions


text: “Committee” means the Shell Egg Advisory Committee.

article: 1. Definitions and General Provisions


text: “Consumer” means any person who purchases eggs for his or her own family use or consumption; or any restaurant, hotel, boardinghouse, bakery, or other institution or concern which purchases eggs for serving to guests or patrons thereof, or for its own use in cooking or baking and not for resale in the shell.

article: 1. Definitions and General Provisions


text: “Container” means any box, case, basket, carton, sack, bag, or any other device which is used to facilitate the handling of eggs.

article: 1. Definitions and General Provisions


text: “Deceptive” means any arrangement of the contents of any container, or subcontainer, or of any lot, load, or display, in which the eggs in the outer layer or in any portion exposed to view are in quality, size, condition, or in any other respect so superior to those in the interior or unexposed portion as to materially misrepresent the contents or any part thereof as to size, quality, condition, or any other respects.

article: 1. Definitions and General Provisions


text: “Egg handler” means a person engaged in the business of producing, candling, grading, packing, or otherwise preparing shell eggs or pasteurized in-shell eggs for market or who engages in the operation of selling or marketing eggs that he or she has produced, purchased, or acquired from a producer, or which he or she is marketing on behalf of a producer, whether as owner, agent, employee, or otherwise. This section shall not apply to any purchaser who is a retailer and who does not handle eggs in any other capacity, except as a retailer.

history: (History: Amended by Stats. 2014, Ch. 11, Sec. 1. (AB 1414) Effective April 17, 2014.)

article: 1. Definitions and General Provisions


text: “Producer” means a person engaged in the business of producing eggs from domesticated fowl for human consumption, who is not in the business of candling, grading, packing, sorting, or otherwise preparing shell eggs for market, marketing, or processing eggs into egg products.

history: (History: Added by Stats. 1987, Ch. 995, Sec. 4.)

article: 1. Definitions and General Provisions


text: “Egg meats” means the white, yolk, or any part of eggs, in liquid, frozen, dried, or any other form, used, intended or held for use, in the preparation of, or to be a part of or mixed with, food or food products, for human consumption.

article: 1. Definitions and General Provisions


text: “Egg products” means egg meats.

article: 1. Definitions and General Provisions


text: “Eggs” means eggs in the shell from chickens, turkeys, ducks, geese, or any other species of fowl.

article: 1. Definitions and General Provisions


text: “Incubated eggs” means eggs which have been in the course of incubation, whether natural or artificial.

article: 1. Definitions and General Provisions


text: “Incubator rejects” means incubated eggs.

article: 1. Definitions and General Provisions


text: “Marked” means plainly, legibly, and conspicuously labeled, stamped, stenciled, printed, or branded.

article: 1. Definitions and General Provisions


text: “Mislabel” means the presence of any false, deceptive, or misleading mark, term, statement, design, device, inscription, or any other designation upon any eggs or upon any container or subcontainer of eggs, or upon the label, lining, or wrapper thereof, or upon any placard or sign used in connection therewith, or in connection with any bulk lot or display having reference to eggs.

article: 1. Definitions and General Provisions


text: “Retailer” means any person who sells eggs to a consumer.

article: 1. Definitions and General Provisions


text: “Shell eggs” means any in-shell eggs other than pasteurized in-shell eggs, as defined in Section 27519.6.

history: (History: Amended by Stats. 2014, Ch. 11, Sec. 2. (AB 1414) Effective April 17, 2014.)

article: 1. Definitions and General Provisions


text: “Shipped egg” means an egg that is produced outside the State of California and shipped into the state for purposes of resale or use by a direct user.

history: (History: Added by Stats. 2003, Ch. 283, Sec. 2. Effective January 1, 2004.)

article: 1. Definitions and General Provisions


text: “Pasteurized in-shell eggs” means in-shell eggs that have been pasteurized by any method approved by the federal Food and Drug Administration or the department.

history: (History: Added by Stats. 2014, Ch. 11, Sec. 3. (AB 1414) Effective April 17, 2014.)

article: 1. Definitions and General Provisions


text: “Subcontainer” means any container when being used within another container.

article: 1. Definitions and General Provisions


text:
The purposes of this chapter are as follows:

(a) To assure that healthful and wholesome eggs of known quality are sold in this state.

(b) To facilitate the orderly marketing of shell eggs in a uniform manner.

(c) To prevent the marketing of deceptive or mislabeled containers of eggs.

article: 1. Definitions and General Provisions


text: “Eggs that are packaged for export” means those eggs destined for conveyance to any location outside the United States or its territories.

history: (History: Added by Stats. 1999, Ch. 197, Sec. 1. Effective January 1, 2000.)

article: 1. Definitions and General Provisions


text: “Eggs that are packaged for interstate commerce” means those eggs destined for sale outside the state.

history: (History: Added by Stats. 1999, Ch. 197, Sec. 2. Effective January 1, 2000.)

article: 1. Definitions and General Provisions


text:
The director may adopt regulations relating to the preparation for market and marketing of shell eggs as he or she determines are reasonably necessary to carry out the purposes of this chapter. The regulations may include any of the following:

(a) The establishment of grade standards including minimum quality and minimum size.

(b) Pack specifications.

(c) Marking requirements.

(d) Sampling procedures for enforcement purposes.

(e) Control and disposition of substandard lots.

(f) Use of registered brands and containers, including transportation.

(g) Requirements for displays and advertising.

(h) Procedures for the registration of shell egg handlers.

(i) Procedures for the collection of registration fees and assessments.

(j) Procedures for the development and collection of data pertaining to egg production, number of chickens, and other information as recommended by the committee.

(k) Any other matter necessary for the accomplishment of the purposes of this chapter.

history: (History: Amended by Stats. 1990, Ch. 507, Sec. 1. Effective August 13, 1990.)

article: 2. Regulations

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 4. EGGS AND EGG PRODUCTS > 1. Eggs > 2. Regulations


text: The regulations relating to grade standards which are adopted pursuant to subdivision (a) of Section 27531 shall be consistent with the grade standards promulgated by the United States Department of Agriculture contained in Title 7, Code of Federal Regulations, Section 2856.216.

history: (History: Added by Stats. 1982, Ch. 1130, Sec. 1.)

article: 2. Regulations


text: Regulations adopted pursuant to this chapter relating to egg shell surveillance inspection shall be consistent with any federal standards or procedures promulgated by the United States Department of Agriculture on that subject.

history: (History: Added by Stats. 1982, Ch. 1130, Sec. 2.)

article: 2. Regulations


text: The director shall adopt regulations by which eggs which do not meet the size or appearance standards generally required for marketing but which are healthy for consumption may be sold directly to consumers for their own family use.

history: (History: Added by Stats. 1982, Ch. 1130, Sec. 3.)

article: 2. Regulations


text: Any person engaged in business in this state as an egg producer or egg handler, or any out-of-state egg handler or egg producer selling eggs into California, shall register with the secretary. A new registration shall be submitted if any current information changes.

history: (History: Amended by Stats. 2003, Ch. 283, Sec. 3. Effective January 1, 2004.)

article: 3. Registration of Egg Handlers

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 4. EGGS AND EGG PRODUCTS > 1. Eggs > 3. Registration of Egg Handlers


text: The certificate of registration shall not be transferable to any person, or be applicable to any location other than the location for which originally issued, and shall be conspicuously displayed at such location.

history: (History: Added by Stats. 1971, Ch. 1009.)

article: 3. Registration of Egg Handlers


text:
The following persons shall pay to the secretary a maximum fee of fifteen cents ($0.15) for each 30 dozen eggs sold as provided below:

(a) California egg handlers shall pay the fee on all egg sales from their own production, on eggs purchased or acquired from California egg producers, and on eggs processed into egg products. California egg handlers shall not pay a fee on eggs purchased from out-of-state egg handlers or egg producers.

(b) California egg producers shall pay the fee on all egg sales to anyone not registered under this chapter as an egg handler, to out-of-state purchasers, and to egg breaking plants.

(c) Out-of-state egg handlers and producers shall report and pay the fee on egg sales into California sold to a retailer, producer, handler, or breaking plant, and on egg products brought into the state, at a maximum rate of fifteen cents ($0.15) for each equivalent of 30 dozen eggs.

(d) Shipments of eggs that are accompanied by a United States Department of Agriculture certificate of grade and sold to the federal government or its agencies are exempt from these fees.

(e) Eggs sold to household consumers on the premises where produced from a total flock size of 500 hens or fewer are exempt from these fees.

(f) The assessment provided for in this section shall be paid only once on any particular egg.

history: (History: Amended by Stats. 2012, Ch. 162, Sec. 51. (SB 1171) Effective January 1, 2013.)

article: 4. Assessment Fees

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 4. EGGS AND EGG PRODUCTS > 1. Eggs > 4. Assessment Fees


text: The fees provided in Section 27551 are maximum fees and shall be established at a lower rate by the secretary at any time the funds derived from the assessment are more than reasonably necessary to cover the cost of administration and enforcement of this chapter, including the maintenance of a reasonable reserve fund for those purposes.

history: (History: Amended by Stats. 2011, Ch. 340, Sec. 2. (SB 549) Effective January 1, 2012.)

article: 4. Assessment Fees


text: The secretary may, by regulation, prescribe the frequency of payment of assessments, the procedures for payment, the procedures for refunds of payment, and penalties for late payment. However, the department may triple the assessment for any eggs for which the required payment has not been made by the established due date. If a triple assessment is less than five hundred dollars ($500), the assessment shall be five hundred dollars ($500).

history: (History: Amended by Stats. 2003, Ch. 283, Sec. 5. Effective January 1, 2004.)

article: 4. Assessment Fees


text: The moneys which are received by the director pursuant to this chapter shall be deposited in the Department of Food and Agriculture Fund and shall be used only for the administration and enforcement of this chapter, including, but not limited to, payments to commissioners pursuant to Article 5 (commencing with Section 27561). The moneys are exempt from the provisions of Article 2 (commencing with Section 13320) of Chapter 3 of Part 3 of Division 3 of Title 2 of the Government Code.

history: (History: Amended by Stats. 1982, Ch. 1130, Sec. 4.)

article: 4. Assessment Fees


text: The director may assess a special fee upon egg handlers who use descriptive terms on egg containers that require laboratory analysis to verify the terms. This fee shall be used for laboratory analysis necessary for label approval and continued surveillance for compliance with the descriptive terms.

history: (History: Added by Stats. 1990, Ch. 507, Sec. 4. Effective August 13, 1990.)

article: 4. Assessment Fees


text:
(a) The director shall enforce this chapter, and the regulations adopted pursuant to this chapter.

(b) The commissioners of each county, their deputies, and qualified inspectors, under the supervision and control of the director, shall enforce this chapter and the regulations which are adopted by the director pursuant to this chapter.

(c) Except as provided in Sections 27581 and 27601, and any of the violations enumerated in paragraph (1) of subdivision (a) of Section 27671, before any state or local official may commence legal prosecution of a handler based on a violation of this chapter, or the regulations adopted pursuant to this chapter, the handler shall be given an opportunity for a hearing with respect to the alleged violation. The director shall establish, with the advice of the committee, a policy manual which sets forth procedures for providing notice to a person charged with the violation, and for conducting the hearing. The policy manual is not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

history: (History: Amended by Stats. 1990, Ch. 750, Sec. 1.)

article: 5. Administration and Enforcement

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 4. EGGS AND EGG PRODUCTS > 1. Eggs > 5. Administration and Enforcement


text:
(a) The department may refuse to issue, or may suspend or revoke, a certificate of registration if either of the following occur:

(1) The applicant fails to pay in full by the due date a fine, fee, assessment, or penalty levied by the department for a violation of this chapter, including a violation that occurred before January 1, 2016.

(2) The applicant has violated a provision of this chapter or any regulation adopted to implement this chapter.

(b) The department may reverse its refusal to issue or its suspension or revocation of a certificate of registration if the department finds substantial grounds to do so.

(c) (1) The department shall adopt regulations that do both of the following:

(A) Establish procedures for an appeals process, including a noticed hearing, for a person who wishes to contest the department’s refusal to issue a certificate of registration or the department’s suspension or revocation of a certificate of registration.

(B) Specify the maximum time period following the refusal to issue, suspension, or revocation of a certificate of registration during which the applicant shall not reapply for another egg handler or egg producer certificate of registration. The time period shall be based on the severity or number of violations of this chapter, and shall not exceed three years from the date of the original refusal to issue, suspension, or revocation of the certificate of registration.

(2) Regulations adopted pursuant to this section shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

history: (History: Added by Stats. 2015, Ch. 302, Sec. 1. (AB 689) Effective January 1, 2016.)

article: 5. Administration and Enforcement


text:
(a) The director shall determine the necessary amount to be expended by each county and the department to achieve adequate administration and enforcement of this chapter, including, but not limited to, uniformity of inspection in all counties.

(b) To make the determination for purposes of subdivision (a), the director shall determine the amount of funds generated by the fees collected pursuant to Article 4 (commencing with Section 27551) that shall be distributed to counties where point-of-origin inspections are performed pursuant to Section 27593. The director shall also determine the amount of funds generated by the fees collected pursuant to Article 4 (commencing with Section 27551) that shall be distributed to those counties that choose to enter into an agreement with the director to perform inspections of retail operations upon request pursuant to Section 27594.

history: (History: Amended by Stats. 1982, Ch. 1130, Sec. 5.)

article: 5. Administration and Enforcement


text: Within 90 days after the end of each fiscal year, the commissioner of a county shall submit, in the form prescribed by the director, a statement to the director which shows the expenditures of funds in the enforcement and administration of this chapter for that fiscal year. Such statement shall be subject to audit by the director.

article: 5. Administration and Enforcement


text: Each fiscal year the director shall prepare a statement which shows the receipt and expenditure for each county as well as those funds expended by the director during the fiscal year of funds provided for in this chapter. The director shall, upon written request of any person who is financially interested in the inspection work which is conducted pursuant to this chapter, forward a copy of such report to any such person.

article: 5. Administration and Enforcement


text: The director may enter into an agreement with any commissioner for the enforcement of this chapter or the regulations adopted pursuant to this chapter.

article: 5. Administration and Enforcement


text: If any commissioner does not adequately and properly enforce the provisions of this chapter, or regulations adopted pursuant to this chapter, or any agreement, as determined by the director, the director shall provide these services and expend that county’s share of the assessment fees for the proper enforcement of this chapter, in lieu of the reimbursement to such counties pursuant to Sections 27554 and 27562.

article: 5. Administration and Enforcement


text:
(a) The secretary shall appoint a Shell Egg Advisory Committee consisting of 10 members, eight of whom shall be selected by the secretary from egg handlers and be representative of the egg industry. The secretary shall appoint two alternates who may serve in the absence of any of the eight egg handler representatives. The California Agricultural Commissioners and Sealers Association shall annually designate one of its members who shall serve in a nonvoting capacity as the ninth member of the committee. The secretary also shall select and appoint one public member to the committee pursuant to subdivision (b). The members of the committee shall receive no salary.

(b) Upon the secretary’s request, the committee shall submit to the secretary the names of three or more natural persons, each of whom shall be a citizen and resident of this state and not a producer, shipper, or processor nor financially interested in any producer, shipper, or processor, for appointment by the secretary as a public member of the committee. The secretary may appoint one of the nominees as the public member on the committee. If all nominees are unsatisfactory to the secretary, the committee shall continue to submit lists of nominees until the secretary has made a selection. A vacancy in the office of the public member of the committee shall be filled by appointment by the secretary from the nominee or nominees similarly qualified submitted by the committee. The public member of the committee shall represent the interests of the general public in all matters coming before the committee and shall have the same voting and other rights and immunities as other members of the committee.

history: (History: Amended by Stats. 2013, Ch. 383, Sec. 1. (AB 1389) Effective January 1, 2014.)

article: 6. Shell Egg Advisory Committee

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 4. EGGS AND EGG PRODUCTS > 1. Eggs > 6. Shell Egg Advisory Committee


text: It is hereby declared, as a matter of legislative determination, that egg handlers appointed to the Shell Egg Advisory Committee pursuant to this article are intended to represent and further the interest of a particular agricultural industry concerned, and that the representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are appointed to the committee, the particular agricultural industry concerned is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code.

history: (History: Amended by Stats. 1990, Ch. 507, Sec. 6. Effective August 13, 1990.)

article: 6. Shell Egg Advisory Committee


text: The term of office for each member, other than the member designated by the California Agricultural Commissioners and Sealers Association, of the committee shall be for three years. Appointment of the first voting members shall be made so that the term of office for two voting members shall expire at the end of one year, two at the end of two years, and two at the end of three years. Thereafter, appointments for the voting members shall be for full three-year terms.

history: (History: Amended by Stats. 2004, Ch. 460, Sec. 8. Effective January 1, 2005.)

article: 6. Shell Egg Advisory Committee


text:
The committee shall be advisory to the Secretary of Food and Agriculture on all matters pertaining to standards for shell eggs. The committee may advise on:

(a) Quality of shell eggs.

(b) Recommendations concerning sampling.

(c) Uniformity of inspection.

(d) Adjustment of fees for proper administration and enforcement.

(e) Annual budget for the administration and enforcement of this chapter and all matters pertaining to this chapter or regulations adopted pursuant thereto.

(f) Components of the Egg Quality Assurance Plan, a voluntary food safety program, that are consistent with and promote the purposes of this chapter.

history: (History: Amended by Stats. 2002, Ch. 535, Sec. 7. Effective January 1, 2003.)

article: 6. Shell Egg Advisory Committee


text: The committee shall meet at the call of its chairman, the director, or at the request of any three members of the committee. The committee shall meet at least once a year. Necessary expenditures incurred by the committee members in attending committee meetings may be reimbursed in accordance with Department of Human Resources rules.

history: (History: Amended by Stats. 2012, Ch. 665, Sec. 21. (SB 1308) Effective January 1, 2013.)

article: 6. Shell Egg Advisory Committee


text: The director may bring an action to enjoin any violation or any threatened violation of this chapter or any regulations adopted pursuant to this chapter in the superior court in the county in which the violation occurred or is about to occur. Any proceeding pursuant to this section shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. The director shall not, however, be required to allege facts necessary to show or tending to show lack of adequate remedy at law or to show or tending to show irreparable damage or loss.

history: (History: Amended by Stats. 1990, Ch. 750, Sec. 2.)

article: 7. Civil Penalties and Remedies

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 4. EGGS AND EGG PRODUCTS > 1. Eggs > 7. Civil Penalties and Remedies


text:
(a) On or before January 1, 2017, the secretary shall adopt regulations classifying violations of this chapter, or any regulation adopted pursuant to this chapter, as “minor,” subject to a penalty from fifty dollars ($50) to four hundred dollars ($400), inclusive, “moderate,” subject to a penalty from four hundred one dollars ($401) to one thousand dollars ($1,000), inclusive, or “serious,” subject to a penalty from one thousand one dollars ($1,001) to ten thousand dollars ($10,000), inclusive.

(b) The penalty schedule described in this section shall apply to civil penalties imposed pursuant to Section 27581.4 and administrative penalties imposed pursuant to Section 27583.

(c) The department shall post on its Internet Web site the penalty schedule described in this section when it is adopted.

history: (History: Amended by Stats. 2016, Ch. 86, Sec. 140. (SB 1171) Effective January 1, 2017.)

article: 7. Civil Penalties and Remedies


text: In lieu of seeking prosecution of any violation of this chapter, or the regulations adopted pursuant to this chapter, as a misdemeanor pursuant to Section 27671, the director may bring a civil action pursuant to Sections 27581 and 27581.4.

history: (History: Added by Stats. 1990, Ch. 750, Sec. 3.)

article: 7. Civil Penalties and Remedies


text:
(a) The secretary, or a commissioner for violations in his or her county, may bring a civil action against any person who violates this chapter or any regulation adopted pursuant to this chapter, and any person who commits that violation is liable civilly in an amount not to exceed ten thousand dollars ($10,000). The court shall set the civil penalty imposed for a violation of this chapter, or any regulation adopted pursuant to this chapter, in accordance with the penalty schedule adopted by the secretary pursuant to Section 27581.1.

(b) Any money recovered by the secretary under this section shall be deposited in the Department of Food and Agriculture Fund for use by the department in administering this chapter, when appropriated to the department for that purpose.

(c) Any money recovered by a commissioner under this section shall be deposited in the county’s general fund.

history: (History: Amended by Stats. 2015, Ch. 302, Sec. 3. (AB 689) Effective January 1, 2016.)

article: 7. Civil Penalties and Remedies


text: A legal prosecution pursuant to this chapter shall be commenced within three years of the occurrence of the violation. However, once an investigation is completed and the appropriate documents have been submitted to the director, as determined by the director, the action shall be commenced within one year of that submission.

history: (History: Added by Stats. 1990, Ch. 750, Sec. 5.)

article: 7. Civil Penalties and Remedies


text: Except as provided in Section 27601, the director shall commence any civil action based on a violation of this chapter, and the regulations adopted pursuant to this chapter, which shall be limited to the remedies provided for in this chapter.

history: (History: Added by Stats. 1990, Ch. 750, Sec. 6.)

article: 7. Civil Penalties and Remedies


text:
(a) In lieu of prosecution, the secretary or the commissioner may levy an administrative penalty, in an amount not to exceed ten thousand dollars ($10,000) and in accordance with Section 27583.2 or 27583.4, as applicable, against a person who violates this chapter or any regulation implemented pursuant to this chapter. Commencing on the date the department posts notice of the adoption of the penalty schedule described in Section 27581.1, a penalty levied pursuant to this section shall be in accordance with that schedule.

(b) “Person,” as used in this section, means anyone engaged in the business of producing, candling, grading, packing, or otherwise preparing shell eggs for market or who engages in the operation of selling or marketing eggs that he or she has produced, purchased, or acquired from a producer, or which he or she is marketing on behalf of a producer, whether as owner, agent, employee, or otherwise pursuant to this chapter.

history: (History: Added by Stats. 2015, Ch. 302, Sec. 4. (AB 689) Effective January 1, 2016.)

article: 7. Civil Penalties and Remedies


text:
If the secretary levies an administrative penalty pursuant to Section 27583, the following shall apply:

(a) The person charged with the violation shall be notified of the proposed action in accordance with subdivision (b). The notice shall include the nature of the violation, the amount of the proposed administrative penalty, and the right to request a hearing to appeal the administrative action.

(b) (1) Notice shall be sent by certified mail to one of the following:

(A) The address of the person charged, as provided by any license or registration issued by the department, which is not limited to a certificate of registration issued pursuant to this chapter.

(B) The address of an agent for service of process for the person charged, as filed with the Secretary of State.

(C) If an address described in subparagraph (A) or (B) is not available, the last known address of the person charged.

(2) Notice that is sent to any of the addresses described in paragraph (1) shall be considered received, even if delivery is refused or if the notice is not accepted at that address.

(3) The person charged shall have the right to appeal the proposed action by requesting a hearing within 20 days of the issuance of the notice of the proposed action.

(c) If a hearing is requested, the secretary shall schedule a hearing within 45 days of the request, with notice of the time and place of the hearing given at least 10 days before the date of the hearing. At the hearing, the person charged shall be given an opportunity to review the secretary’s evidence and to present evidence on his or her own behalf. If a hearing is not timely requested, the secretary may take the proposed action without a hearing.

(d) The secretary shall issue a decision within 30 days of the conclusion of the hearing, which decision shall become effective immediately.

(e) The secretary shall send a copy of the notice of the proposed action to the commissioner of the county in which the violation took place at the same time notice is sent pursuant to subdivision (b). Additionally, the secretary shall inform the commissioner of the county in which the action was initiated of violations for which a penalty has been assessed.

(f) If the proposed action is not overturned, in addition to the levy of an administrative penalty, the secretary may recover from the person charged any other reasonable costs incurred by the department in connection with administering the hearing to appeal the proposed action.

(g) Revenues collected by the secretary pursuant to this section shall be deposited into the Department of Food and Agriculture Fund for use by the department in administering this chapter, when appropriated to the department for that purpose.

history: (History: Amended by Stats. 2016, Ch. 86, Sec. 141. (SB 1171) Effective January 1, 2017.)

article: 7. Civil Penalties and Remedies