CHAPTER 5. Horsemeat and Pet Food
Chapter 5 added by Stats. 1969, Ch. 815.
§§ 19200–19447 · 119 sections
ARTICLE 1. Definitions §§ 19200–19216 · 18 sections
- § 19200 Unless the context otherwise requires, the definitions of this article govern the construction of this chapter.
- § 19201 “Animals” means burros, cattle, goats, horses, mules, sheep, swine and other large domesticated animals and poultry.
- § 19202 “Bureau” means Bureau of Meat and Poultry Inspection of the Department of Food and Agriculture.
- § 19203 “Canned pet food” means any commercially sterile food product packed in hermetically sealed containers and composed of either edible fresh or frozen meat or…
- § 19204 “Collection center” means a receiving area for the temporary storage of animal carcasses, packinghouse waste, or other products before transportation to a…
- § 19205 “Dead animal hauler” means any person or company that engages in the business of transporting the carcasses of dead animals.
- § 19206 “Edible” means food fit to be eaten by dogs, cats, or other carnivora.
- § 19207 “Horsemeat byproducts” means the parts other than horsemeat which have been derived from horses, mules or burros, or any combination of them.
- § 19208 “Horsemeat” means the uncooked muscle tissue of horse, mule or burro, or any combination thereof, which is skeletal, with or without the accompanying and…
- § 19209 “Inspected horsemeat” means horsemeat produced in a slaughtering establishment under federal, state or state-approved municipal inspection.
- § 19210 “Meat” means the uncooked muscle tissue of a cow, goat, sheep, swine, or poultry which is skeletal, with or without the accompanying and overlaying fat, and…
- § 19210.5 “Meat byproducts” means the edible parts other than meat which have been derived from cattle, goats, sheep, swine, or poultry or any combination of them.
- § 19211 “Pet” means any household animal including but not limited to cats or dogs and other carnivora, whether or not for public exhibition.
- § 19212 “Processed pet food” means a food for pets which has been prepared by heating, drying, semidrying, canning, or by a method of treatment prescribed by…
- § 19213 “Rendering” means all recycling, processing, and conversion of animal and fish materials and carcasses and inedible kitchen grease into fats, oils, proteins,…
- § 19214 “Slaughter” means to kill live animals and prepare for consumption for pet food purposes.
- § 19215 “Transporter of inedible kitchen grease” means any person who transports inedible kitchen grease.
- § 19216 “Inedible kitchen grease” means any fat or used cooking greases and oils obtained from any source.
ARTICLE 1.5. Rendering Industry Advisory Board §§ 19218–19218.7 · 8 sections
- § 19218 (a) There is in state government a Rendering Industry Advisory Board consisting of seven persons, appointed by the secretary, six of whom are licensed under…
- § 19218.1 The term of office of the members of the board is three years. When the board is first appointed, three members shall be appointed for three years, two members…
- § 19218.2 The board shall elect a chairperson, and from time to time any other officers as it may deem advisable.
- § 19218.3 (a) The board shall meet at the call of its chairperson or the secretary or at the request of any three members of the board. The board shall meet at least…
- § 19218.4 (a) The board shall advise the secretary and may make recommendations to the secretary concerning all of the following: (1) Adoption, modification, and repeal…
- § 19218.5 Persons subject to this chapter shall not have access to any information in the possession of any entity or entities established or designated pursuant to this…
- § 19218.6 (a) The secretary shall adopt regulations to be used by the board to administer this article. (b) In adopting regulations and procedures, the secretary shall…
- § 19218.7 The secretary shall, within 30 days of receiving a recommendation from the board in accordance with this article, provide the board with notice of the…
ARTICLE 2. Licenses §§ 19220–19229 · 9 sections
- § 19220 A license granted under this chapter shall expire on December 31 of each year.
- § 19221 The application for a license or a renewal of a license shall be accompanied by the license fee.
- § 19222 A previous violation of any provision of this chapter is good and sufficient cause for denial of a license.
- § 19224 A proceeding for refusal or revocation of a license shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1, Division 3,…
- § 19225 Subject to Section 19229, the annual fee for each license held is one hundred dollars ($100).
- § 19226 A separate license shall be required for each place of business.
- § 19227 (a) In addition to the license fee required pursuant to Section 19225, the department may charge each licensed renderer and collection center an additional fee…
- § 19228 All fees, charges, and collections collected pursuant to Sections 19225, 19227, 19312, and 19315 shall be paid into the State Treasury monthly to the credit of…
- § 19229 If a licensee has two or more licenses in effect at the same meat processing establishment, custom livestock slaughterhouse, place of business, or poultry…
ARTICLE 3. Pet Food and Horse Slaughterers §§ 19240–19242 · 3 sections
- § 19240 Every person engaged in the business of slaughtering animals for pet food or horses for human food purposes shall first obtain a license pursuant to this…
- § 19241 The application shall be in a form which is prescribed by the director and shall contain the following: (a) The name and address of the applicant. (b) Where…
- § 19242 The secretary, after notice and hearing, shall refuse to issue a license unless he or she finds that the applicant satisfies all of the following: (a) Is…
ARTICLE 4. Pet Food Processor §§ 19260–19262 · 3 sections
- § 19260 Every person engaged in the business of processing, packing, or preparing fresh or frozen horsemeat or any other meat product for use as pet food of any kind,…
- § 19261 The application for a license shall be in a form which is prescribed by the secretary and shall contain the following: (a) The name and address of the…
- § 19262 The secretary, after notice and hearing, shall refuse to issue a license unless he or she finds that the applicant satisfies all of the following: (a) Is…
ARTICLE 5. Horsemeat and Pet Food Importer §§ 19280–19282 · 3 sections
- § 19280 Every person who engages in the business of importing (distributing or jobbing) fresh or frozen meat, meat byproducts, horsemeat byproducts, poultry meat, or…
- § 19281 The application shall be in a form which is prescribed by the director and shall contain the following: (a) The name and address of the applicant. (b) The…
- § 19282 The director shall issue a license unless he finds, after notice and hearing, that the applicant has been convicted of a felony involving adulterated or…
ARTICLE 6. Renderers §§ 19300–19306 · 9 sections
- § 19300 Every person engaged in the business of rendering shall obtain a license from the department for each rendering plant.
- § 19300.5 Every person engaged in the business of operating a collection center shall obtain a license from the department for each collection center operated.
- § 19301 The application for a license shall be in a form which is prescribed by the director and shall contain the following: (a) The name and address of the…
- § 19302 (a) The department may refuse to issue a license if the department finds that the applicant does not meet one or more of the following requirements: (1) The…
- § 19303 In addition to any other records required to be kept pursuant to this chapter, every licensed renderer shall record and keep for 2 years, in connection with…
- § 19304 All records required to be retained pursuant to this chapter shall be maintained for two years at the regular place of business of every renderer and…
- § 19305 Any peace officer of this state, or any employee of the department, during normal business hours, may inspect any premises maintained by a renderer or…
- § 19305.5 (a) The department may suspend or revoke a renderer license or collection center license at any time, if it finds any of the following has occurred: (1) The…
- § 19306 (a) Any renderer or collection center operator licensed pursuant to this article or transporter registered pursuant to Article 6.5 (commencing with Section…
ARTICLE 6.5. Transporters of Inedible Kitchen Grease §§ 19310–19317 · 14 sections
- § 19310 (a) It is unlawful for any person or entity to engage in the transportation of inedible kitchen grease without being registered with the department and without…
- § 19310.5 It is unlawful for any person who is not a registered transporter of inedible kitchen grease to transport that product from any place within this state to any…
- § 19310.7 Any person registered as a transporter of inedible kitchen grease may deliver any inedible kitchen grease to a licensed renderer or collection center for…
- § 19311 Any renderer who operates vehicles for the purpose of collecting inedible kitchen grease shall register as a transporter of inedible kitchen grease and…
- § 19312 (a) Registration shall be made with the department and shall include all of the following: (1) The applicant’s name and address. (2) A description of the…
- § 19313 Every vehicle used in the transportation of inedible kitchen grease shall conspicuously display the name of the owner of the vehicle in letters not less than…
- § 19313.1 In addition to any other records required to be kept pursuant to this chapter, every transporter of inedible kitchen grease shall record and maintain for two…
- § 19313.5 It is unlawful for any person to steal, misappropriate, contaminate, or damage inedible kitchen grease, or containers thereof.
- § 19313.8 A registered transporter or any other person shall not take possession of inedible kitchen grease from an unregistered transporter, an unlicensed collection…
- § 19314 The department may suspend or revoke a registration certificate, at any time, if it finds any of the following has occurred: (a) The registrant has sold or…
- § 19315 (a) Except as provided in subdivision (c), in addition to the registration fee required by Section 19312, the department may charge a fee necessary to cover…
- § 19316 It is the purpose of this article to prevent the sale and transfer of illegally obtained inedible kitchen grease, to protect the environment, to reduce…
- § 19316.5 The department is authorized to establish a system for documenting and tracking the transportation of inedible kitchen grease in order to ensure the proper…
- § 19317 A registered transporter of inedible kitchen grease shall, whenever any contract for the transportation of inedible kitchen grease under which that transporter…
ARTICLE 7. Dead Animal Haulers §§ 19320–19322 · 3 sections
- § 19320 All persons engaged in the business of hauling of dead cattle, sheep, swine, goats, horses or other large domesticated animals or parts of the carcasses of any…
- § 19321 The application for a license shall be in a form which is prescribed by the director and shall contain the following: (a) The name and address of the…
- § 19322 The secretary, after notice and hearing, may refuse to issue a license unless he finds that the applicant: (a) Is properly equipped to engage in the business…
ARTICLE 8. General Provisions §§ 19340–19358 · 19 sections
- § 19340 No slaughterer shall own or control directly or indirectly, through stock ownership or control or otherwise, by himself or through his agents or employees, any…
- § 19342 No slaughterer shall pick up or receive any dead animal at his slaughterhouse except those which have died en route and such animals shall be transported…
- § 19343 Every establishment where animals are slaughtered for pet food, or where fresh or frozen pet food is processed or prepared shall be maintained and operated in…
- § 19344 All fresh or frozen meat, meat byproducts, horsemeat, and horsemeat byproducts sold or offered for sale to the public as pet food shall conform to the…
- § 19346 Any carcasses or parts or products of animals which are not intended for use as human food shall prior to their being offered for sale or transportation, be…
- § 19347 The Legislature finds that the use in pet food of animals that died from reasons other than slaughtering and pet food prepared from diseased animals or not…
- § 19348 (a) Unless a waiver is granted by the State Veterinarian in conjunction with implementation of Section 9562 or a declaration of a state of emergency or local…
- § 19348.1 The State Veterinarian is authorized to approve temporary research projects for the purpose of determining whether alternative methods of animal tissue…
- § 19348.2 (a) Notwithstanding Section 19348 and regulations adopted by the Department of Resources Recycling and Recovery pursuant to Section 43020 of the Public…
- § 19348.5 Every person who transports a live horse or horses to a slaughterhouse subject to licensing under this chapter shall provide such horse or horses with adequate…
- § 19349 All trucks and every licensed premises of a dead animal hauler shall be inspected by the bureau at least once a year before the license is renewed and at other…
- § 19350 Vehicles used for dead animal hauling shall be completely unloaded, cleaned, and disinfected at the rendering plant.
- § 19352 Inspectors and duly authorized agents of the state, city, county, and city and county health departments shall have free access at all hours of operation to…
- § 19353 Horses, mules, burros, cattle, sheep, goats and swine may be slaughtered on the premises of a pet food slaughterer.
- § 19354 A dead animal hauler shall register each vehicle used to transport dead animals with the bureau.
- § 19355 No licensee shall refuse to permit entry or inspection by a representative of the department, or to permit the taking of a sample of products.
- § 19356 No meat or meat byproduct or horsemeat or horsemeat byproduct shall be sold or offered for sale as pet food or for pet food purposes by any person under any…
- § 19357 All labels or other identification marks or methods for articles subject to this chapter shall be approved by the director in advance of their use.
- § 19358 No person shall sell, transport, or offer for sale or transportation any meat or meat byproduct, horsemeat, or horsemeat byproduct subject to this article that…
ARTICLE 9. Horsemeat §§ 19360–19367 · 7 sections
- § 19360 Only horsemeat inspected by state or federal agents shall be sold or offered for sale for human consumption. When horsemeat is offered for sale for human…
- § 19362 Every restaurant, cafe, or other public eating place offering or serving horsemeat for human consumption shall have stamped on all menus, in green ink letters…
- § 19363 Horsemeat or fresh or frozen pet food shall not be packed, stored or kept in any retail establishment with or in close proximity with any food product which is…
- § 19364 Horsemeat or fresh or frozen pet food shall be kept and stored in a separate unit in a retail establishment provided for that purpose. A sign which reads…
- § 19365 All inspected horsemeat shall bear a tag or label with the words “inspected horsemeat,” “U.S. government-inspected horsemeat,” “state-inspected horsemeat,” or…
- § 19366 All horsemeat intended for pet food purposes not produced in the State of California shall be denatured before entering the state and shall meet all…
- § 19367 Nothing contained in this chapter shall prevent any city, city and county, or county from regulating or prohibiting by ordinance the sale of horsemeat in their…
ARTICLE 10. Regulations §§ 19380–19385 · 6 sections
- § 19380 The director may adopt rules or regulations necessary to carry out the purpose of this chapter.
- § 19381 The director shall by regulation promulgate minimum standards for the fitness of pet food so that the health of the animals and citizens of this state will not…
- § 19382 The director may establish by regulation, requirements to insure that vehicles used to transport dead animals and carcasses or parts or products of animals…
- § 19383 The director shall establish by regulation, requirements for the slaughter of animals and inspection of pet food, to insure that it is wholesome, untainted,…
- § 19384 The director shall establish by regulation the conditions under which carcasses or parts or products of animals for pet food may be processed, transported, and…
- § 19385 The director may establish regulations to permit the sale and distribution of food for crab bait and for the feeding of mink and zoo animals under conditions…
ARTICLE 11. Records §§ 19400–19404 · 5 sections
- § 19400 Any person that slaughters any horse, mule, burro, sheep, goats, swine or any other bovine for use as pet food, or who by purchase or otherwise acquires…
- § 19401 This article does not apply to any of the following: (a) Retail sales of any fresh or processed meat or meat product in a quantity of five pounds or less to…
- § 19402 All horsemeat and animal food records shall be open at all times during the hours of operation to the inspection of the director, any health officer or…
- § 19403 It is unlawful for any person that is required to keep horsemeat and pet food records to fail to keep such records, or to fail or refuse to permit an…
- § 19404 Every dead animal hauler shall keep a record when and where each carcass is picked up and delivered. The record shall be kept for a period of one year, and…
ARTICLE 12. Enforcement §§ 19420–19421 · 2 sections
ARTICLE 12.5. Inspection Fees §§ 19430–19433 · 3 sections
- § 19430 Any person who is licensed pursuant to this chapter, who requests inspection at time which is considered as overtime by Section 19352 shall be liable for…
- § 19432 Any fee, charge, or assessment payable under the provisions of this chapter and regulations promulgated pursuant to it, shall constitute a debt of the person…
- § 19433 In establishing such fee, charge, or assessment the director shall give consideration to the fees, charges and assessments provided under the provisions of law…
ARTICLE 13. Penalties §§ 19440–19447 · 7 sections
- § 19440 Any person who is found guilty of violating any of the provisions of this chapter or the rules and regulations promulgated under this chapter is subject to…
- § 19441 Any person who, as principal or agent, employer or employee, adulterates any other meat or meat food product intended for human food with horsemeat or the…
- § 19443 In addition to the remedies herein provided, the department may bring an action in superior court and such court shall have jurisdiction upon hearing and for…
- § 19444 Upon conviction of a violation of any provision of this chapter, any license issued pursuant to this chapter shall be automatically suspended for 30 days. The…
- § 19445 (a) In lieu of levying a civil penalty pursuant to Section 19447, and in lieu of seeking prosecution, upon complaint of the secretary, the Attorney General may…
- § 19446 In addition to any other remedies provided by this chapter, but in lieu of seeking prosecution of any violation of Article 6 (commencing with Section 19300) or…
- § 19447 (a) In lieu of any civil action pursuant to Section 19445, and in lieu of seeking prosecution, the secretary may levy a civil penalty against a person who…