Chapter 13.8. Farm Animal Cruelty of California Health And Safety Code >> Division 20. >> Chapter 13.8.
Prohibitions. In addition to other applicable provisions of
law, a person shall not tether or confine any covered animal, on a
farm, for all or the majority of any day, in a manner that prevents
such animal from:
(a) Lying down, standing up, and fully extending his or her limbs;
(b) Turning around freely.
Definitions. For the purposes of this chapter, the
following terms have the following meanings:
(a) "Calf raised for veal" means any calf of the bovine species
kept for the purpose of producing the food product described as veal.
(b) "Covered animal" means any pig during pregnancy, calf raised
for veal, or egg-laying hen who is kept on a farm.
(c) "Egg-laying hen" means any female domesticated chicken,
turkey, duck, goose, or guinea fowl kept for the purpose of egg
(d) "Enclosure" means any cage, crate, or other structure
(including what is commonly described as a "gestation crate" for
pigs; a "veal crate" for calves; or a "battery cage" for egg-laying
hens) used to confine a covered animal.
(e) "Farm" means the land, building, support facilities, and other
equipment that are wholly or partially used for the commercial
production of animals or animal products used for food or fiber; and
does not include live animal markets.
(f) "Fully extending his or her limbs" means fully extending all
limbs without touching the side of an enclosure, including, in the
case of egg-laying hens, fully spreading both wings without touching
the side of an enclosure or other egg-laying hens.
(g) "Person" means any individual, firm, partnership, joint
venture, association, limited liability company, corporation, estate,
trust, receiver, or syndicate.
(h) "Pig during pregnancy" means any pregnant pig of the porcine
species kept for the primary purpose of breeding.
(i) "Turning around freely" means turning in a complete circle
without any impediment, including a tether, and without touching the
side of an enclosure.
Exceptions. This chapter shall not apply:
(a) During scientific or agricultural research.
(b) During examination, testing, individual treatment or operation
for veterinary purposes.
(c) During transportation.
(d) During rodeo exhibitions, state or county fair exhibitions,
4-H programs, and similar exhibitions.
(e) During the slaughter of a covered animal in accordance with
the provisions of Chapter 6 (commencing with Section 19501) of Part 3
of Division 9 of the Food and Agricultural Code, relating to humane
methods of slaughter, and other applicable law and regulations.
(f) To a pig during the seven-day period prior to the pig's
expected date of giving birth.
Enforcement. Any person who violates any of the provisions
of this chapter is guilty of a misdemeanor, and upon conviction
thereof shall be punished by a fine not to exceed one thousand
dollars ($1,000) or by imprisonment in the county jail for a period
not to exceed 180 days or by both such fine and imprisonment.
Construction of Chapter.
The provisions of this chapter are in addition to, and not in lieu
of, any other laws protecting animal welfare, including the
California Penal Code. This chapter shall not be construed to limit
any state law or regulations protecting the welfare of animals, nor
shall anything in this chapter prevent a local governing body from
adopting and enforcing its own animal welfare laws and regulations.