DIVISION 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS [24501. - 27690.]
Division 12 enacted by Stats. 1967, Ch. 15.
§§ 24501–27690 · 298 sections
PART 1. POULTRY AND RABBITS §§ 24501–25151 · 95 sections
CHAPTER 1. General Provisions §§ 24501–24563 · 7 sections
ARTICLE 1. Application §§ 24501–24502 · 2 sections
- § 24501 The provisions of this part, including the payment of fees, are applicable to all state and county institutions which are engaging in livestock operations.
- § 24502 The provisions of Chapters 1 (commencing with Section 24501), 2 (commencing with Section 24651), and 3 (commencing with Section 24951), of Part 1 of Division…
ARTICLE 2. Investigations § 24521 · 1 section
- § 24521 The director may make any necessary investigations relative to reported violations of this part, pursuant to Article 2 (commencing with Section 11180), Chapter…
ARTICLE 3. Civil Remedies § 24541 · 1 section
- § 24541 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…
ARTICLE 4. Poultry Regulations and Inspections §§ 24561–24563 · 3 sections
- § 24561 Notwithstanding any provisions of law to the contrary, the director may adopt by regulation standards and requirements equal to those of the Poultry Products…
- § 24562 Regulations adopted pursuant to this article or pursuant to Section 24681 or Section 24991 shall conform, so far as practicable, to the rules, regulations and…
- § 24563 (a) If slaughtering or carcass preparation or processing of poultry meats and poultry meat products is conducted in an establishment where state inspection is…
CHAPTER 2. Plant Sanitation §§ 24651–24831 · 38 sections
ARTICLE 1. Definitions §§ 24651–24661 · 11 sections
- § 24651 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 24652 “Fowl” includes chickens, turkeys, ducks, geese, and other domesticated birds.
- § 24653 “Growing poultry” means feeding and caring for poultry.
- § 24654 “Marked” means plainly, legibly, and conspicuously labeled, stamped, tagged, stenciled, or branded to show the name and address of the poultry plant where, or…
- § 24655 “Mislabel” means the placing, or presence of any false, deceptive, or misleading mark, tag, brand, design, inscription, statement, billing, invoice, placard,…
- § 24656 “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,…
- § 24657 “Poultry” means domesticated fowl and domesticated rabbit which are intended for use for human food.
- § 24658 “Poultry meat” means the carcass of poultry or any part of such carcass.
- § 24659 “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…
- § 24660 “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…
- § 24661 “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…
ARTICLE 2. General Provisions §§ 24681–24685 · 5 sections
- § 24681 The director shall adopt regulations for carrying out this chapter.
- § 24682 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…
- § 24683 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…
- § 24684 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…
- § 24685 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…
ARTICLE 3. Exemptions §§ 24711–24714 · 4 sections
- § 24711 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…
- § 24712 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…
- § 24713 (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…
- § 24714 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…
ARTICLE 4. Licenses §§ 24741–24752 · 13 sections
- § 24741 A person shall not operate a poultry plant unless he has obtained a license pursuant to this chapter.
- § 24742 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…
- § 24743 The application for a license shall be accompanied by the license application fee.
- § 24744 (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…
- § 24745 (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…
- § 24745.5 If a licensee has two or more licenses in effect at the same meat processing establishment, custom livestock slaughterhouse, place of business, or poultry…
- § 24746 Each license shall expire on the last day of the calendar year for which it is issued. The fee shall not be prorated.
- § 24747 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…
- § 24748 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.…
- § 24749 Plans and specifications for any intended construction or major reconstruction of a poultry plant shall be submitted to the director. The director shall…
- § 24750 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…
- § 24751 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…
- § 24752 (a) All fees, charges, and collections collected pursuant to Sections 24744, 24745, and 24748 shall be deposited in the Department of Food and Agriculture…
ARTICLE 5. Sanitation §§ 24771–24772 · 2 sections
- § 24771 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…
- § 24772 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 6. Marks and Labels §§ 24801–24802 · 2 sections
ARTICLE 7. Violations § 24831 · 1 section
- § 24831 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)…
CHAPTER 3. Poultry Meat Inspection for Wholesomeness §§ 24951–25151 · 50 sections
ARTICLE 1. Definitions §§ 24951–24963 · 13 sections
- § 24951 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 24952 “Fowl” includes chickens, turkeys, ducks, geese, and other domesticated birds.
- § 24953 “Growing poultry” means feeding and caring for poultry.
- § 24954 “Marked” means plainly, legibly, and conspicuously labeled, tagged, stenciled, or branded pursuant to this chapter and any regulations which are adopted…
- § 24955 “Mislabel” means the placing, or presence of any false, deceptive, or misleading mark, tag, brand, design, inscription, statement, billing, invoice, placard,…
- § 24956 “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,…
- § 24957 “Poultry” means domesticated fowl or domesticated rabbit which is intended for use for human food.
- § 24958 “Poultry meat” means the carcass of poultry or any part of such carcass.
- § 24959 “Poultry meat inspector” means a person who after examination and demonstration has been issued a license by the director to inspect poultry meat for…
- § 24960 “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…
- § 24961 “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…
- § 24962 “Regulations” means regulations which are adopted by the director to carry out the provisions of this chapter.
- § 24963 “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.…
ARTICLE 2. General Provisions §§ 24991–24997 · 7 sections
- § 24991 The director shall adopt regulations for carrying out this chapter.
- § 24992 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…
- § 24993 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…
- § 24994 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…
- § 24995 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…
- § 24996 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…
- § 24997 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…
ARTICLE 3. Exemptions §§ 25021–25024 · 4 sections
- § 25021 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…
- § 25022 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…
- § 25023 (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…
- § 25024 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…
ARTICLE 4. Meat Inspector Licenses §§ 25051–25063 · 13 sections
- § 25051 A person shall not act as a poultry meat inspector unless he has a license which is issued pursuant to this chapter.
- § 25052 Each person before acting as a poultry meat inspector shall apply to and receive from the director a license to inspect poultry meat.
- § 25053 (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…
- § 25054 Every license shall expire on the last day of the calendar year for which it is issued.
- § 25055 (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…
- § 25056 (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.…
- § 25057 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.
- § 25058 The director shall, after the written and oral examination and demonstration which are prescribed by Section 25059, issue to any person who passes the…
- § 25059 The written and oral examination and demonstration which are required by Section 25058 shall show the applicant’s ability to understand laws and regulations…
- § 25060 The director shall, from time to time, arrange for the conducting of schools of instruction for poultry meat inspectors.
- § 25061 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…
- § 25062 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…
- § 25063 (a) All fees, charges, and collections collected pursuant to Sections 25053, 25055, and 25056 shall be deposited in the Department of Food and Agriculture…
ARTICLE 5. Requirements for Inspection §§ 25091–25095 · 5 sections
- § 25091 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…
- § 25092 The poultry meat inspector shall inspect, pursuant to the regulations, and classify any poultry meat, poultry meat product, or poultry meat food product which…
- § 25093 The poultry meat inspector shall apply or direct the application of the proper marks, as determined by regulation.
- § 25094 All poultry meat which is condemned for human food shall be disposed of pursuant to the regulations.
- § 25095 Poultry meat may be passed for further processing in a plant which is licensed pursuant to this part.
ARTICLE 6. Marks and Labels §§ 25122–25128 · 7 sections
- § 25122 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…
- § 25123 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…
- § 25124 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.
- § 25125 The director shall determine by regulation the official design of the marks which are required by this article.
- § 25126 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…
- § 25127 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…
- § 25128 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…
ARTICLE 7. Violations § 25151 · 1 section
- § 25151 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.
PART 2. CLASSIFICATION OF POULTRY AND RABBIT MEAT §§ 25401–26151 · 48 sections
CHAPTER 1. Definitions §§ 25401–25412 · 12 sections
- § 25401 Unless the context otherwise requires, the definitions in this chapter govern the construction of this part.
- § 25402 “Class” means a division of poultry meat which is based on essential physical characteristics which with the weights differentiate between uses of the meat.
- § 25403 “Fowl” includes chickens, turkeys, ducks, geese, and other domesticated birds.
- § 25404 “Growing poultry” means feeding and caring for poultry.
- § 25405 “Marked” means plainly, legibly, and conspicuously labeled, stamped, tagged, stenciled, or branded, in the manner which is prescribed by regulations of the…
- § 25406 “Mislabel” means the placing, or presence of any false, deceptive, or misleading mark, tag, brand, design, inscription, statement, billing, invoice, placard,…
- § 25407 “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,…
- § 25408 “Poultry” means domesticated fowl and domesticated rabbit which is intended for use for human food.
- § 25409 “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.
- § 25410 “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,…
- § 25411 “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…
- § 25412 “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…
CHAPTER 2. General Provisions §§ 25551–25566 · 16 sections
- § 25551 The director shall adopt regulations for carrying out this part.
- § 25552 The director shall enforce this part where any poultry meat is packed, repacked, cut up, or recut.
- § 25553 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…
- § 25554 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,…
- § 25555 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…
- § 25556 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…
- § 25557 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…
- § 25558 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…
- § 25559 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…
- § 25560 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…
- § 25561 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…
- § 25562 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.
- § 25563 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…
- § 25564 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…
- § 25565 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…
- § 25566 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…
CHAPTER 3. Exemptions §§ 25701–25704 · 4 sections
- § 25701 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…
- § 25702 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…
- § 25703 (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…
- § 25704 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…
CHAPTER 4. Poultry and Rabbit Meat Classes §§ 25851–25857 · 7 sections
- § 25851 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.
- § 25852 The classes of chicken meat, as determined by inspection of appearance and other physical characteristics, are as follows: (a) “Rock Cornish game hen” or…
- § 25853 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)…
- § 25854 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…
- § 25855 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…
- § 25856 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.…
- § 25857 The director may, by regulation, adopt any necessary new class designations and class specifications or modifications of existing class designations and class…
CHAPTER 5. Requirements §§ 26001–26008 · 8 sections
- § 26001 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…
- § 26002 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…
- § 26003 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…
- § 26004 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:…
- § 26005 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…
- § 26006 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.…
- § 26007 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…
- § 26008 (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…
CHAPTER 6. Violations § 26151 · 1 section
- § 26151 It is unlawful for any person to violate any provision of this part or any regulation which is adopted pursuant to it.
PART 3. POULTRY §§ 26401–27232 · 40 sections
CHAPTER 1. General Provisions §§ 26401–26441 · 3 sections
ARTICLE 1. Application § 26401 · 1 section
- § 26401 The provisions of this part, including the payment of fees, are applicable to all state and county institutions which are engaging in livestock operations.
ARTICLE 2. Investigations § 26421 · 1 section
- § 26421 The director may make any necessary investigations relative to reported violations of this part pursuant to Article 2 (commencing with Section 11180), Chapter…
ARTICLE 3. Civil Remedies § 26441 · 1 section
- § 26441 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…
CHAPTER 2. Sale, Possession, and Transportation §§ 26551–26681 · 14 sections
ARTICLE 1. Definitions §§ 26551–26554 · 4 sections
- § 26551 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 26552 “Dealer” includes any person that is operating as a poultry retailer, poultry wholesaler, butcher, slaughterer, poultry packer, poultry buyer, or poultry…
- § 26553 “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…
- § 26554 “Poultry” includes chickens, ducks, geese, turkeys, and all other fowls or birds which are used for food or production purposes.
ARTICLE 2. General Provisions § 26581 · 1 section
- § 26581 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…
ARTICLE 3. Transportation §§ 26601–26604 · 4 sections
- § 26601 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…
- § 26602 Any person, carrier, or transportation company which receives for transportation or transports any poultry shall at all times keep a correct record which shows…
- § 26603 All peace officers, sheriffs or deputy sheriffs, members or officers of the California Highway Patrol and traffic officers may arrest, without warrant, any…
- § 26604 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 4. Resale § 26631 · 1 section
- § 26631 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…
ARTICLE 5. Brands §§ 26651–26652 · 2 sections
- § 26651 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…
- § 26652 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…
ARTICLE 5.5. Fresh Poultry § 26661 · 1 section
- § 26661 (a) (1) No person who processes, butchers, slaughters, packs, repacks, or sells poultry or poultry meat shall advertise, hold out, distribute, or sell as…
ARTICLE 6. Violations § 26681 · 1 section
- § 26681 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…
CHAPTER 3. Poultry Meat Containing Spoilage Retardant Compound §§ 26801–26981 · 8 sections
ARTICLE 1. Definitions §§ 26801–26803 · 3 sections
- § 26801 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 26802 “Poultry” means domesticated fowl which is intended for use for human food. It includes chickens, turkeys, ducks, geese, and other domesticated birds.
- § 26803 “Spoilage retardant compound” means any compound, drug, or antibiotic which is added to poultry meat which retards or limits spoilage. Seasonings, spices, or…
ARTICLE 2. General Provisions §§ 26831–26832 · 2 sections
ARTICLE 3. Regulations §§ 26861–26862 · 2 sections
- § 26861 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…
- § 26862 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 4. Violations § 26981 · 1 section
- § 26981 Any person that violates any provision of this chapter or any regulation which is adopted pursuant to this chapter is guilty of a misdemeanor.
CHAPTER 4. Immersion of Rabbit Carcasses § 26991 · 1 section
- § 26991 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…
CHAPTER 5. Moisture Content of Poultry Meat §§ 27001–27081 · 9 sections
ARTICLE 1. Definitions §§ 27001–27003 · 3 sections
- § 27001 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 27002 “Poultry” means domesticated fowl which is intended for use for human food. It includes chickens, turkeys, ducks, geese, and other domesticated birds.
- § 27003 “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 2. General Provisions §§ 27031–27034 · 4 sections
- § 27031 The director shall enforce this chapter.
- § 27032 The director may adopt such regulations as are reasonably necessary for carrying out this chapter.
- § 27033 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…
- § 27034 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,…
ARTICLE 3. Limitations § 27061 · 1 section
- § 27061 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…
ARTICLE 4. Violations § 27081 · 1 section
- § 27081 It is unlawful for any person to violate any provision of this chapter or any regulation which is adopted pursuant to it.
CHAPTER 6. California Grown Poultry §§ 27201–27232 · 5 sections
ARTICLE 1. Definitions §§ 27201–27203 · 3 sections
- § 27201 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 27202 “Poultry” means domesticated fowl that is intended for use for human food. It includes chickens, game hens, turkeys, ducks, geese, and other domesticated birds.
- § 27203 “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…
ARTICLE 2. Marks and Labels §§ 27231–27232 · 2 sections
- § 27231 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,…
- § 27232 (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…
PART 4. EGGS AND EGG PRODUCTS §§ 27501–27690 · 115 sections
CHAPTER 1. Eggs §§ 27501–27690 · 115 sections
ARTICLE 1. Definitions and General Provisions §§ 27501–27523 · 27 sections
- § 27501 Unless the context otherwise requires, the definitions set forth in this article shall govern the construction of this chapter.
- § 27502 “Agent” includes bailee, broker, commission merchant, factor, auctioneer, solicitor, consignee, and any other person that is acting upon the express or implied…
- § 27503 “At retail” means a sale or transaction between a retailer and a consumer.
- § 27503.5 “California egg” means an egg produced in this state.
- § 27504 “Candling” means the examination of the interior of eggs by use of a transmitted light.
- § 27505 “Cold storage eggs” means eggs which have been in cold storage for a period of more than 30 days.
- § 27506 “Committee” means the Shell Egg Advisory Committee.
- § 27507 “Consumer” means any person who purchases eggs for his or her own family use or consumption; or any restaurant, hotel, boardinghouse, bakery, or other…
- § 27508 “Container” means any box, case, basket, carton, sack, bag, or any other device which is used to facilitate the handling of eggs.
- § 27509 “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…
- § 27510 “Egg handler” means a person engaged in the business of producing, candling, grading, packing, or otherwise preparing shell eggs or pasteurized in-shell eggs…
- § 27510.1 “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,…
- § 27511 “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…
- § 27512 “Egg products” means egg meats.
- § 27513 “Eggs” means eggs in the shell from chickens, turkeys, ducks, geese, or any other species of fowl.
- § 27514 “Incubated eggs” means eggs which have been in the course of incubation, whether natural or artificial.
- § 27515 “Incubator rejects” means incubated eggs.
- § 27516 “Marked” means plainly, legibly, and conspicuously labeled, stamped, stenciled, printed, or branded.
- § 27517 “Mislabel” means the presence of any false, deceptive, or misleading mark, term, statement, design, device, inscription, or any other designation upon any eggs…
- § 27518 “Retailer” means any person who sells eggs to a consumer.
- § 27519 “Shell eggs” means any in-shell eggs other than pasteurized in-shell eggs, as defined in Section 27519.6.
- § 27519.5 “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.
- § 27519.6 “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.
- § 27520 “Subcontainer” means any container when being used within another container.
- § 27521 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…
- § 27522 “Eggs that are packaged for export” means those eggs destined for conveyance to any location outside the United States or its territories.
- § 27523 “Eggs that are packaged for interstate commerce” means those eggs destined for sale outside the state.
ARTICLE 2. Regulations §§ 27531–27534 · 4 sections
- § 27531 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…
- § 27532 The regulations relating to grade standards which are adopted pursuant to subdivision (a) of Section 27531 shall be consistent with the grade standards…
- § 27533 Regulations adopted pursuant to this chapter relating to egg shell surveillance inspection shall be consistent with any federal standards or procedures…
- § 27534 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…
ARTICLE 3. Registration of Egg Handlers §§ 27541–27542 · 2 sections
- § 27541 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,…
- § 27542 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,…
ARTICLE 4. Assessment Fees §§ 27551–27555 · 5 sections
- § 27551 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…
- § 27552 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…
- § 27553 The secretary may, by regulation, prescribe the frequency of payment of assessments, the procedures for payment, the procedures for refunds of payment, and…
- § 27554 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…
- § 27555 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…
ARTICLE 5. Administration and Enforcement §§ 27561–27566 · 7 sections
- § 27561 (a) The director shall enforce this chapter, and the regulations adopted pursuant to this chapter. (b) The commissioners of each county, their deputies, and…
- § 27561.5 (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…
- § 27562 (a) The director shall determine the necessary amount to be expended by each county and the department to achieve adequate administration and enforcement of…
- § 27563 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…
- § 27564 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…
- § 27565 The director may enter into an agreement with any commissioner for the enforcement of this chapter or the regulations adopted pursuant to this chapter.
- § 27566 If any commissioner does not adequately and properly enforce the provisions of this chapter, or regulations adopted pursuant to this chapter, or any agreement,…
ARTICLE 6. Shell Egg Advisory Committee §§ 27571–27574 · 5 sections
- § 27571 (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…
- § 27571.1 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…
- § 27572 The term of office for each member, other than the member designated by the California Agricultural Commissioners and Sealers Association, of the committee…
- § 27573 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:…
- § 27574 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…
ARTICLE 7. Civil Penalties and Remedies §§ 27581–27585 · 11 sections
- § 27581 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…
- § 27581.1 (a) On or before January 1, 2017, the secretary shall adopt regulations classifying violations of this chapter, or any regulation adopted pursuant to this…
- § 27581.2 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…
- § 27581.4 (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…
- § 27581.9 A legal prosecution pursuant to this chapter shall be commenced within three years of the occurrence of the violation. However, once an investigation is…
- § 27582 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…
- § 27583 (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…
- § 27583.2 If the secretary levies an administrative penalty pursuant to Section 27583, the following shall apply: (a) The person charged with the violation shall be…
- § 27583.4 If a commissioner levies an administrative penalty pursuant to Section 27583, the following shall apply: (a) (1) Before an administrative penalty is levied,…
- § 27584 If a respondent in an administrative action agrees to stipulate to the notice of proposed action, a signed stipulation with the payment of the proposed…
- § 27585 After the exhaustion of the appeal and review of procedures provided in this article, the secretary or commissioner, or his or her representative, may file a…
ARTICLE 8. Powers of Enforcing Officers §§ 27591–27600 · 10 sections
- § 27591 Any enforcement officer may do any of the following: (a) Enter and inspect any place or conveyance within the county or district over which he has supervision,…
- § 27592 Any enforcement officer may, while enforcing this chapter or any regulations adopted by the director pursuant to this chapter, issue a hold card for all or any…
- § 27593 A commissioner in each county or the director shall perform a point-of-origin inspection on the eggs in the county of their origin to ensure that the eggs…
- § 27594 (a) The director, or the commissioner under the direction and supervision of the director, shall inspect eggs at the point of destination upon the request of a…
- § 27595 The enforcing officer may, and, if requested by an enforcing officer of the state or county of destination, shall, affix a warning to any vehicle or other…
- § 27596 The warning notice, and disposal order which directs the proper disposition of eggs, and the disposal order receipt to be signed by an enforcing officer at…
- § 27597 The enforcing officer at the point of destination of a load or lot shall determine that the load or lot has been delivered to the consignee at the destination…
- § 27598 It is unlawful for any person to deliver any eggs which are subject to a disposal order to any person or destination except the person or destination which is…
- § 27599 It is unlawful for any person to dispose of any eggs which are subject to a disposal order prior to the release in writing of the load or lot by the enforcing…
- § 27600 It is unlawful for any person to use or dispose of any eggs for which a disposal order has been issued, in any manner or for any purpose except the manner or…
ARTICLE 9. Abatement § 27601 · 1 section
- § 27601 (a) Upon the request of the director or an authorized representative, the district attorney of the county where the eggs and their containers that are a public…
ARTICLE 10. Samples § 27611 · 1 section
- § 27611 Any sample which is taken in accordance with the prescribed sampling procedure is prima facie evidence of the true condition of the entire lot in the…
ARTICLE 11. Shippers and Transporters § 27621 · 1 section
- § 27621 Any person, forwarding company, or common carrier may decline to ship or transport any eggs if it is notified by an enforcement officer that the eggs are found…
ARTICLE 12. Unlawful Acts, General §§ 27631–27644.5 · 15 sections
- § 27631 It is unlawful for any person to violate any provision of this chapter or any regulation adopted by the director pursuant to the provisions of this chapter.
- § 27632 It is unlawful for any person to mark any eggs which were not produced in this state “Produced in California” or represent them in any manner to be a product…
- § 27633 It is unlawful for any person to engage in the business of an egg handler without first registering as an egg handler as provided for in Article 3 (commencing…
- § 27634 It is unlawful for any person to sell or use any container or subcontainer of eggs which bears a name, a trademark, or a trade name unless the seller or user…
- § 27635 It is unlawful for any person to sell or represent as chicken eggs, eggs from any other species of fowl, or mixed eggs from more than one species of fowl, or…
- § 27636 It is unlawful for any person to sell as “fresh eggs,” “ranch eggs,” or “farm eggs,” or to represent as being fresh, any eggs which are below the quality of…
- § 27637 It is unlawful for any person to make any statement, representation, or assertion orally, by public outcry, or proclamation, or in writing, or by any other…
- § 27638 It is unlawful for any person to fail to comply with any lawful order of an enforcement officer, or of any court, in any proceeding pursuant to this chapter or…
- § 27639 It is unlawful for any person to do any of the following: (a) Refuse to submit any eggs or any container, subcontainer, lot, load, or display of eggs to the…
- § 27640 It is unlawful for any person to move any eggs or their containers to which any warning tag, hold card, or notice has been affixed or to remove the warning…
- § 27641 It is unlawful for any person to prepare, pack, place, deliver for shipment, deliver for sale, load, ship, transport, or sell eggs in the shell unless the eggs…
- § 27642 It shall be presumed from the fact of possession by any person engaged in the sale of eggs that such eggs are for sale for human consumption unless they have…
- § 27643 (a) It is unlawful for an egg handler, as defined in Section 27510, to hold, store, transport, or display eggs that are packed or graded for human consumption…
- § 27644 (a) Except as provided in subdivision (c), it is unlawful for an egg handler, as defined in Section 27510, to sell, offer for sale, or expose for sale eggs…
- § 27644.5 (a) It is unlawful for an egg handler, as defined in Section 27510, to sell, offer for sale, or expose for sale pasteurized in-shell eggs that are packed for…
ARTICLE 13. Ungraded Eggs §§ 27651–27652 · 2 sections
- § 27651 It is unlawful for any person to sell to any retailer, consumer, or institution consumer, any eggs which are ungraded as to quality and size, except that the…
- § 27652 During an emergency which is proclaimed pursuant to Section 27651, producers in the area in which the emergency has been proclaimed to exist may sell to any…
ARTICLE 14. Registered Brands §§ 27661–27669 · 9 sections
- § 27661 Every egg handler shall register with the director each brand name which is intended for use by the handler on a master container of eggs, other than a…
- § 27662 It is unlawful for a brand registrant or his authorized agent or employees to pack eggs into a master container which does not bear the registrant’s brand, or…
- § 27663 Any person who, without prior authorization, acquires possession of a master container which bears a brand belonging to someone else, shall, at his or her own…
- § 27664 Every person who operates a container exchange business for master containers of eggs shall obtain a license from the director.
- § 27665 The director shall issue licenses to persons engaged in the container exchange business for master containers of eggs pursuant to such regulations as the…
- § 27666 Every licensee shall file with the director the name and address of each person or firm that has contracted to use the exchange services, and shall return all…
- § 27667 A licensee may sell containers which do not have a registered brand, and the ownership of which cannot be determined, to egg handlers. The handlers shall apply…
- § 27668 The director may suspend or revoke any license for failure to comply with the provisions of Sections 27664, 27666, or 27667 or regulations adopted by the…
- § 27669 It is unlawful for any common carrier or private carrier for hire, except those which are engaged in transporting eggs and containers of eggs to and from farms…
ARTICLE 15. Criminal Punishment and Procedure §§ 27671–27690 · 15 sections
- § 27671 (a) The following persons are guilty of a misdemeanor: (1) Any person who violates Section 27632, 27638, 27639, 27640, or 27672. (2) Any person who commits a…
- § 27672 It is unlawful for any person to fail to appear in court at the time and place designated in any written promise to appear given after arrest pursuant to this…
- § 27673 Unless a person who is arrested for the transportation of eggs in violation of any provision of this chapter or any regulation adopted pursuant to this chapter…
- § 27680 If the grade determination and size determination required by this chapter are performed at a location outside of this state, the records relating to eggs of…
- § 27681 A registrant whose out-of-state location is inspected shall reimburse the department for actual and necessary expenses incurred during the inspection. If an…
- § 27682 The actual and necessary expenses of the department for each inspection of an out-of-state location may not exceed either of the following: (a) The actual and…
- § 27683 The department shall attempt to schedule as many out-of-state inspections as feasible within an area on each inspection trip. If more than one registrant is…
- § 27684 The department shall perform sufficient inspections of the records of out-of-state registrants to ensure that out-of-state registrants selling eggs into…
- § 27685 Before receiving a registration as required by this chapter, an applicant whose home office or principal place of business is outside of this state shall file…
- § 27686 All shipped eggs shall be transported under refrigeration in compliance with California statutes and regulations.
- § 27687 (a) If the department determines that eggs are not in compliance with this chapter or that they have been shipped without the handler or producer first…
- § 27688 Each registrant shall submit a report as designated by the department and remit any fees due on a monthly basis. The report is due no later than the 30th day…
- § 27688.5 Any out-of-state registrant who fails to promptly submit required reports or pay required fees is subject to the criminal penalties specified in this chapter.…
- § 27689 The report required by Section 27688 shall give a complete breakdown of all sales of graded and ungraded eggs into California, listing the individual plant or…
- § 27690 All brokers registered with California shall itemize in their reports a true and complete list of all eggs brokered into and within California. This list shall…