Bill Text: CA AB888 | 2021-2022 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Mobile slaughter operations: livestock.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2021-09-28 - Chaptered by Secretary of State - Chapter 378, Statutes of 2021. [AB888 Detail]
Download: California-2021-AB888-Amended.html
sheep, goats, or swine livestock pursuant to subdivision (d) (c) of Section 19020 shall be registered
licensed with the department as an unlicensed mobile slaughterer pursuant to Section both of the following: sheep, goats, or swine livestock pursuant to subdivision (d) (c) of Section 19020 shall file a registration with the department’s Bureau of Livestock Identification an
application for a license that shows the names and addresses of the owners of the unlicensed mobile slaughterer and any other information the secretary may require. sheep, goats, or swine livestock pursuant to subdivision (c) of Section 19020 shall keep and maintain all of the following records expressly for that purpose for at least two years:
one year:
Bill Title: Mobile slaughter operations: livestock.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2021-09-28 - Chaptered by Secretary of State - Chapter 378, Statutes of 2021. [AB888 Detail]
Download: California-2021-AB888-Amended.html
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Amended
IN
Senate
August 26, 2021 |
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Amended
IN
Assembly
May 24, 2021 |
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Amended
IN
Assembly
April 22, 2021 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 888
| Introduced by Assembly Member Levine (Coauthor: Assembly Member Robert Rivas) |
February 17, 2021 |
An act to amend Section 19020 of, and to add Sections 19021, 19022, and 19023 to, the Food and Agricultural Code, relating to slaughtered animals.
LEGISLATIVE COUNSEL'S DIGEST
AB 888, as amended, Levine.
Mobile slaughter operations: sheep, goats, and swine. livestock.
The California Meat and Poultry Supplemental Inspection Act authorizes the Secretary of Food and Agriculture to adopt, by regulation, standards and requirements relating to inspection, sanitation, facilities, equipment, reinspection, preparation, processing, buying, selling, and transporting, among other acts, for carrying out the purposes of the act. The act requires each person to be licensed before operating a meat processing establishment or a custom livestock slaughterhouse. The act does not apply in specified circumstances, including to a mobile slaughter operator who provides services to an owner of cattle, subject to specified conditions, including the condition that the person who raised the cattle and the mobile slaughter operator maintain records, as provided. A violation of the act is a misdemeanor.
This bill would exempt from the licensing
requirements of the act a mobile slaughter operator that provides services to an owner of sheep, goats, or swine livestock, defined to mean any cattle, sheep, goat, and swine used for human food, and slaughters multiple livestock from multiple owners under certain specified conditions, including, among others, that the slaughter occurs on the premises of a person who raised the sheep, goats, or swine one of the owners of the livestock or on the premises of the producer, as defined, and who is not the owner of the sheep, goats, or swine, the person who raised the sheep, goats, or swine
the producer that has mobile slaughter operations conducted on their premises has registered with the Department of Food and Agriculture, the meat is not for sale, and no more than 35 head of sheep, goats, or swine combined are slaughtered in a calendar month on a single premises. the premises or the mobile slaughter facility where the slaughter is conducted has an adequate sewer, facilities, and potable water. The bill would require a mobile slaughter operator performing these services to register be licensed
with the department as an unlicensed mobile slaughterer, department, as prescribed. The bill would require the department to establish a registration license fee and a renewal fee to cover costs associated with oversight and inspection of mobile slaughter operators, and would limit the fees to the department’s reasonable regulatory costs. costs and not to exceed a specified amount. The bill would require the producer to reregister with the department if the
producer moves locations or if the operation changes ownership. The bill would require a mobile slaughter operator of sheep, goats, or swine; a custom-exempt processor of sheep, goats, or swine, as defined; livestock and a producer who produces sheep, goats, or swine, as defined, livestock to maintain records for at least 2 years, one year, as prescribed, and to exhibit the records on demand of any inspector or peace
officer. By expanding the scope and number of possible crimes under the act to certain unlicensed slaughterers of sheep, goats, and swine slaughterers and producers of livestock that fail to comply with the act’s provisions, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 19020 of the Food and Agricultural Code is amended to read:19020.
This chapter does not apply to any of the following:(a) Owners who slaughter, on their own premises, livestock of their own raising where the meat is not for sale, but used exclusively by the owners, members of the owner’s household, the owner’s employees, and nonpaying guests.
(b) A mobile slaughter operator who provides services to an owner as specified in subdivision (a) where the slaughter occurs on the owner’s premises and the meat is thereafter transported for the owner to an establishment for further processing.
(c) (1) A mobile slaughter operator who provides
services to an owner of cattle, livestock and slaughters multiple livestock from multiple owners, if the slaughter occurs on the premises of a person who raised the cattle and who is not the owner of the cattle, one of the owners of the livestock or on the premises of the producer, subject to the following conditions:
(A) Before the slaughter, if
the livestock slaughtered are cattle, the cattle are inspected pursuant to Section 21051.
(B) After the slaughter, the meat is transported for the owner to an establishment for further processing.
(C) The meat is not for sale, but is used exclusively by the owner, members of the owner’s household, the owner’s employees, and nonpaying guests.
(D) The person who raised the cattle shall maintain a record, for a period of one year, of the owner of the cattle and of the total number of cattle
slaughtered. The records shall be made available, upon request, to a department inspector, investigator, or peace officer. producer that has mobile slaughter operations conducted on their premises shall register with the department and maintain records pursuant to this chapter.
(E) If conducting multiple slaughter operations at a premises, a mobile slaughter operator shall maintain, for a period of one year, a record of the total number of cattle slaughtered and the premises where the slaughter occurred. The records shall be made available, upon request, to a department inspector, investigator, or peace officer. The
mobile slaughter operator shall be licensed as a custom livestock slaughter operation with the department pursuant to this chapter.
(F) The mobile slaughter operators shall follow the guidelines published by the Association of Food and Drug Officials in the Guidelines for Exempt Slaughter and Processing Operations publication. operator shall be licensed as a livestock meat inspector with the department pursuant to this chapter and shall complete annual training as provided by the Meat, Poultry and Egg Safety Branch of the department.
(G) The mobile slaughter operator licensed with the department shall maintain records pursuant to this chapter and the records shall be made available, upon request, to a department inspector, investigator, or peace officer.
(H) The premises or the mobile slaughter facility where slaughter is conducted shall have an adequate sewer, facilities, and potable water.
(2) The exemption in paragraph (1) shall not apply to the slaughter
of more than five head of cattle on a single premises in a calendar month. apply to the slaughter of more than one head of livestock on a single premises in a calendar year.
(3) Slaughter activities conducted conducted, including the proper disposition of inedible materials, pursuant to the exemption in paragraph (1) shall comply with all other applicable state and federal environmental and zoning laws.
(4) For purposes of this subdivision,
article, the following terms shall apply:
(A) “Person who raised the cattle” means the person who owned and was responsible for feeding and caring for the cattle before their sale and slaughter on the person’s premises. “Livestock” means any cattle, sheep, goat, and swine used for human food.
(B) “Raised” means fed and cared for cattle for a period of 30 calendar days or more before the sale and slaughter of those cattle. “Producer”
means the person who owned and was responsible for feeding and caring for the livestock before its sale and slaughter on the person’s premises.
(d)(1)A mobile slaughter operator who provides services to an owner of sheep, goats, or swine, if the slaughter occurs on the premises of a person who raised the sheep, goats, or swine and who is not the owner of the
sheep, goats, or swine, subject to the following conditions:
(A)The person who raised the sheep, goats, or swine has registered with the department pursuant to Section 19022.
(B)If the owner of the sheep, goats, or swine will not be present for the slaughter, after the slaughter, the meat is transported for the owner to an establishment for further processing.
(C)The meat is not for sale, but is used exclusively by the owner, members of the owner’s household, the owner’s employees, or nonpaying guests.
(D)If conducting multiple slaughter operations at a premises, a mobile slaughter operator shall maintain, for a period of one year, a record of the total number of sheep, goats, and swine slaughtered, the tag identification numbers of the animals slaughtered, and the premises identification number where the slaughter occurred. The records shall be made available, upon request, to a department inspector, investigator, or peace officer.
(E)The mobile slaughter operators shall follow the guidelines published by the Association of Food and Drug Officials in the Guidelines for Exempt Slaughter and Processing Operations publication.
(2)The exemption in paragraph (1) shall not apply to the slaughter of more than
35 head of sheep, goats, or swine combined on a single premises in a calendar month.
(3)Slaughter activities conducted pursuant to the exemption in paragraph (1) shall comply with all other applicable state and federal environmental and zoning laws.
(4)For purposes of this subdivision, the following terms shall apply:
(A)“Person who raised the sheep, goats, or swine” means the person who owned and was responsible for feeding and caring for the sheep, goats, or swine before their sale and slaughter on the person’s premises.
(B)“Raised” means fed and cared for the sheep, goats, or swine for a period of 30 calendar days or more before the sale and
slaughter of those
sheep, goats, or swine.
(e)
(d) Persons solely engaged in cutting, wrapping, and otherwise processing farm or custom slaughter livestock or the processing and sale of fresh meats derived from United States Department of Agriculture inspected carcasses, except the curing, smoking, and preparing of cooked or smoked sausages or cooked pork products that are not exempted under subdivision (b) of Section 18814.
(f)
(e) Livestock slaughter and meat and poultry processing inspected by the United States Department of Agriculture.
SEC. 2.
Section 19021 is added to the Food and Agricultural Code, to read:19021.
(a) A mobile slaughter operator performing the service of slaughtering(1) A custom livestock slaughter operation pursuant to Sections 19010 and 19022 and is subject to Section 19023. The department shall establish a registration license fee and a renewal fee to cover costs
associated with oversight and inspection of mobile slaughter operators. The fees shall not exceed the reasonable regulatory costs of the
department. department and in no event shall be more than five hundred dollars ($500).
(2) A livestock meat inspector pursuant to Sections 18980 and 19022 and subject to Section 19023.
(b) (1) The producer of the livestock who conducts multiple slaughter operations on their premise pursuant to subdivision (c) of Section 19020 shall be registered with the department pursuant to Section 19022 and is subject to Section 19023. The one-time registration fee shall not exceed the regulatory costs of the department and in no event shall be more than one hundred
dollars ($100).
(2) The producer shall reregister with the department if the producer moves locations or if the operation changes ownership. The reregistration fee shall be the same amount as the registration fee specified in paragraph (1).
SEC. 3.
Section 19022 is added to the Food and Agricultural Code, to read:19022.
(a) A mobile slaughter operator performing the service of slaughtering(b) The producer shall file a registration with the department that shows the name and address of every location where the slaughter of livestock will occur.
(b)
(c) The registration
or license shall be filed with the Bureau of Livestock Identification Meat, Poultry and Egg Safety Branch of the department before a mobile slaughter operator may slaughter
sheep, goats, or swine livestock pursuant to subdivision (d) (c) of Section 19020.
(c)
(d) After notice and hearing, the secretary may cancel the registration of any unlicensed mobile slaughterer of sheep, goats, or swine
producer or the license of a mobile slaughter operator operating pursuant to subdivision (d) (c) of Section 19020 for failing to comply with this section or Section 19023.
SEC. 4.
Section 19023 is added to the Food and Agricultural Code, to read:19023.
(a) A mobile slaughter operator that slaughters(1) The date of slaughter of all sheep, goats, or swine. livestock.
(2) The name, address, and telephone number of the person that the sheep, goats, or swine are slaughtered for. producer of the livestock that are being slaughtered.
(3) The address or other location identifier of
where the slaughter occurred.
(3)
(4) The number of each sheep, goat, or swine livestock slaughtered at the address on the date of slaughter.
(4)The
(5) All ear tag numbers and all identification number of each sheep, goat, or swine slaughtered. markings, if available, on all livestock slaughtered, and, if no identification number or marking is present, record “no identification number or marking.”
(5)
(6) The name, address, and telephone number of the owner for each sheep, goat, or swine livestock slaughtered.
(6)
(7) The name and address of the facility that each carcass was transported to for processing.
(b)Every custom-exempt processor that processes sheep, goats, or swine that are slaughtered by a mobile slaughter operator shall keep and maintain all of the following records for at least two years:
(1)The date that the carcass is received for processing.
(2)The species, weight, and tag identification number of each animal received for processing.
(3)The name, address, and telephone number of the owner of the animal that cutting and wrapping services are being provided for.
(c)
(b) Every producer that produces sheep, goats, or swine livestock that are slaughtered by a mobile slaughter operator pursuant to subdivision (c) of Section 19020 shall keep and maintain all of the following records for at least two years: one year:
(1) The name, address,
and telephone number of the person who purchases a sheep, goat, or swine. buyer.
(2) The All ear tag numbers and all other identification number of each sheep, goat, or swine purchased.
markings of all livestock.
(3) The price paid for each sheep, goat, or swine. livestock.
(4) A purchase receipt for each sheep, goat, or swine. livestock.
(5) The date of purchase of each sheep, goat, or swine.
livestock.
(6) The date of slaughter of each sheep, goat, or swine. livestock.
(d)
(c) All records maintained pursuant to this section shall be available on the demand of any inspector or peace officer.
(e)For purposes of this section, the following definitions apply:
(1)“Custom-exempt processor” means a person or entity that, for sheep, goats, or swine belonging to someone else and slaughtered by a mobile slaughter operator, processes the carcasses and parts, for the exclusive use, in the household of that owner, by the owner, members of the owner’s household, nonpaying guests,
or employees.
(2)“Producer” means the person who raised or sold the sheep, goat, or swine.
