20250AB__092895AMD INTRODUCED 2025-02-19 AMENDED_ASSEMBLY 2025-03-18 AMENDED_ASSEMBLY 2025-04-09 AMENDED_ASSEMBLY 2025-06-02 AMENDED_SENATE 2026-06-02 2025 AB AMD Introduced by Assembly Member Rogers LEAD_AUTHOR ASSEMBLY Rogers

An act to add

Chapter 8.5 (commencing with

Section 122340) to Part of Division of the Health and Safety Code, relating to roosters. roosters Roosters: restrictions. Existing law prohibits a person from causing, permitting, or aiding or abetting the fighting, worrying, or injuring of a cock. Existing law provides that a violation of this provision is a misdemeanor, as provided. Existing law generally regulates the production of poultry, eggs, and egg products. This bill would prohibit, on and after January 1, 2028, a person from keeping more than roosters that are movement constrained through the use of an enclosure or tether, except as specified.

The bill would subject a person who violates this prohibition to a civil penalty not to exceed $2,500 for each violation, as provided, and would provide that each day a rooster is kept in violation of that prohibition constitutes a separate and distinct violation. The bill would require, before a civil action is brought to recover this civil penalty, a written notice to be provided granting a minimum of days to correct the violation, as provided. The bill would require any civil penalties recovered pursuant to these provisions to be paid to the county in which the civil action was brought.

The bill would define, among other terms, “rooster” and “enclosure” for purposes of these provisions. MAJORITY NO YES NO NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION 1. The Legislature finds and declares all of the following: (

a) Cockfighting involves forcing two animals with metal weapons attached to their legs to fight to the death. Although illegal in California, cockfighting continues to persist throughout the state because it is difficult to prove roosters are possessed with the intent to fight them against each other. The three largest cockfighting seizures from to in the United States were in California. (

b) Law enforcement officials attest that cockfighting is often associated with other criminal activities, such as drug trafficking, gun violence, illegal weapon sales, and violence against people. (

c) Gamefowl yards, large tracts of land where hundreds or thousands of roosters are bred and sold for fighting purposes, pose a significant risk to the spread of avian diseases. The birds are often tethered outside without protection from wild birds, transported across the country and the world without oversight or vaccinations, and exposed to the blood of other birds. (

d) Highly pathogenic avian influenza H5N1, commonly known as avian flu, highlights the urgent need to address gamefowl yards in California. Since the first outbreak in February 2022, avian flu has caused the death of more than 23,000,000 commercial and backyard poultry in California.

Nationally, as of January 2025, it has also infected more than dairy cattle and people, including the first recorded human death in Louisiana. <caml:Num>SEC. 2.</caml:Num><caml:ActionLine action="IS_ADDED" xlink:href="urn:caml:codes:FAC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'14.8.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'3.'%5D)" xlink:label="fractionType: LAW_SPREAD||commencingWith: 32105" xlink:type="locator">Part 3 (commencing with

Section 32105) is added to Division 14.8 of the <caml:DocName>Food and Agricultural Code</caml:DocName>, to read:</caml:ActionLine><caml:Fragment><caml:LawHeading id="id_0820D7B0-D831-4065-8C5F-8D8951A4882D" type="PART"><caml:Num>3.</caml:Num><caml:LawHeadingVersion id="id_E3672E12-89FF-4B1A-AD87-FAEBE4D30067"><caml:LawHeadingText>Roosters</caml:LawHeadingText></caml:LawHeadingVersion><caml:LawSection id="id_B836A8C1-3E2F-4F77-B987-AB34F9C4D257"><caml:Num>32105.</caml:Num><caml:LawSectionVersion id="id_1230F6C5-6B9B-47CD-9118-9AF7A4BA6F4E"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>On and after January 1, 2027, a person shall not keep more than roosters that are movement constrained through the use of an enclosure or tether.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>This

section does not apply to any of the following:</xhtml:p><xhtml:p>(1)<xhtml:span class="EnSpace"/>A person who keeps or raises roosters for purposes of food production if the person is subject to local, state, or federal inspection laws or regulations.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>A public or private school registered with the State Department of Education.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>A government-operated animal shelter.</xhtml:p><xhtml:p>(4)<xhtml:span class="EnSpace"/>A nonprofit animal welfare organization, as defined in

Section 6010.40 of the Revenue and Taxation Code.</xhtml:p><xhtml:p>(5)<xhtml:span class="EnSpace"/>A 4-H, Future Farmers of America (FFA), or Grange project, if the 4-H, FFA, or Grange has provided written approval for the project to the person keeping or raising the roosters.</xhtml:p><xhtml:p>(6)<xhtml:span class="EnSpace"/>A person who meets all of the following criteria:</xhtml:p><xhtml:p>(A)<xhtml:span class="EnSpace"/>Owns and breeds poultry for the purpose of lawful exhibition in accordance with accepted poultry raising practices and all laws and regulations governing exhibition.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>Within the preceding years, has not been convicted for any cockfighting offense pursuant to

Section 597b of the Penal Code or

Section of Title of the United States Code, or any other cockfighting offense of any state.</xhtml:p><xhtml:p>(C)<xhtml:span class="EnSpace"/>Does not possess more than gamefowl roosters.</xhtml:p><xhtml:p>(c)<xhtml:span class="EnSpace"/>(1)<xhtml:span class="EnSpace"/>A person who violates this

section shall be liable for a civil penalty, not to exceed two thousand five hundred dollars ($2,500) for each violation, that shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General, a county counsel, a city attorney, or a city prosecutor in this state in any court of competent jurisdiction.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>If the civil action is brought by the Attorney General, one-half of the penalty collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half of the penalty collected shall be paid to the state’s General Fund.

If the civil action is brought by a county counsel, the entire amount of the penalty collected shall be paid to the treasurer of the county in which the judgment was entered.

If the civil action is brought by a city attorney or city prosecutor, one-half of the penalty shall be paid to the treasurer of the county in which the judgment was entered, and one-half of the penalty collected shall be paid to the treasurer of the city in which the judgment was entered.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>Each day a rooster is kept in violation of this part shall constitute a separate and distinct violation.</xhtml:p><xhtml:p>(d)<xhtml:span class="EnSpace"/>This part does not prevent a city or county from adopting or enforcing ordinances on the keeping of roosters that are more restrictive than the requirements set forth in this part.</xhtml:p><xhtml:p>(e)<xhtml:span class="EnSpace"/>This

section does not limit or affect the application or enforcement of any other law that protects animals, including, but not limited to, Sections 597, 597b, 597c, 597i, 597j, and 599aa of the Penal Code.</xhtml:p><xhtml:p>(f)<xhtml:span class="EnSpace"/>This

section does not limit or authorize any act or omission that violates

Section 597, 597b, 597c, 597i, 597j, or 599aa of the Penal Code, or any other local, state, or federal law that protects animals.</xhtml:p><xhtml:p>(g)<xhtml:span class="EnSpace"/>For purposes of this section, the following

definitions apply:</xhtml:p><xhtml:p>(1)<xhtml:span class="EnSpace"/>“Enclosure” means a structure used for confinement, including a wire cage or item traditionally used for another purpose such as a water tank or plastic barrel that meets both of the following criteria:</xhtml:p><xhtml:p>(A)<xhtml:span class="EnSpace"/>Is used to provide long-term housing for one adult rooster.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>Prevents physical contact with other roosters.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>“Gamefowl rooster” means a rooster of a breed of domestic fowl chiefly developed or maintained for the purpose of producing fighting cocks, including, but not limited to, all of the following breeds:</xhtml:p><xhtml:p>(A)<xhtml:span class="EnSpace"/>American Gamefowl.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>Asil.</xhtml:p><xhtml:p>(C)<xhtml:span class="EnSpace"/>Other breeds or crossbreeds of rooster intended or used for fighting.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>“Property” means a parcel, as defined in

Section of the Streets and Highways Code, or a combination of parcels operated as one unit.</xhtml:p><xhtml:p>(4)<xhtml:span class="EnSpace"/>“Rooster” means a male chicken that meets all of the following criteria:</xhtml:p><xhtml:p>(A)<xhtml:span class="EnSpace"/>Is six months of age or older.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>Has full adult plumage.</xhtml:p><xhtml:p>(C)<xhtml:span class="EnSpace"/>Is capable of crowing.</xhtml:p><xhtml:p>(D)<xhtml:span class="EnSpace"/>Is not a bantam chicken.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection></caml:LawHeading></caml:Fragment></caml:BillSection>"?>

SEC. 2.

Chapter 8.5 (commencing with

Section 122340) is added to Part of Division of the Health and Safety Code , to read: 8.5. Roosters 122340. For purposes of this chapter, the following

definitions apply: (a) “Enclosure” means a structure used for confinement, including a wire cage or item traditionally used for another purpose such as a water tank or plastic barrel that meets both of the following criteria:

(1) Is used to provide long-term housing for one rooster.

(2) Prevents physical contact with other roosters. (b) “Gamefowl rooster” means a rooster of a breed of domestic fowl chiefly developed or maintained for the purpose of producing fighting cocks, including, but not limited to, all of the following breeds:

(1) American Gamefowl.

(2) Asil.

(3) Other breeds or crossbreeds of rooster intended or used for fighting. (c) “Rooster” means a male chicken that meets all of the following criteria:

(1) Is six months of age or older.

(2) Has full adult plumage.

(3) Is capable of crowing.

(4) Is not a bantam chicken. 122341. On and after January 1, 2028, a person shall not keep more than roosters that are movement constrained through the use of an enclosure or tether. 122342. This

chapter does not apply to any of the following: (

a) A person who keeps or raises roosters for purposes of food production if the person is subject to local, state, or federal inspection laws or regulations. (

b) A public or private school registered with the State Department of Education. (

c) A government-operated animal shelter. (

d) A nonprofit animal welfare organization, as defined in

Section 6010.40 of the Revenue and Taxation Code. (

e) A 4-H, Future Farmers of America (FFA), or Grange project, if the 4-H, FFA, or Grange has provided written approval for the project to the person keeping or raising the roosters. (

f) A person who meets all of the following criteria:

(1) Owns and breeds poultry for the purpose of lawful exhibition in accordance with accepted poultry raising practices and all laws and regulations governing exhibition.

(2) Within the preceding years, has not been convicted for any cockfighting offense pursuant to

Section 597b of the Penal Code or

Section of Title of the United States Code, or any other cockfighting offense of any state.

(3) Does not possess more than gamefowl roosters. 122343. (

a) Before a civil action is brought pursuant to subdivision (b), where public safety is not at risk, a written notice of violation shall be provided granting a minimum of days to correct the violation and to rehome or relinquish the roosters. (b)

(1) A person who violates this

chapter shall be liable for a civil penalty, not to exceed two thousand five hundred dollars ($2,500) for each violation, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General, a county counsel, a city attorney, or a city prosecutor in this state in a court of competent jurisdiction.

(2) Civil penalties collected pursuant to this

chapter shall be paid to the county in which the action was brought. (

c) Each day a rooster is kept in violation of this part shall constitute a separate and distinct violation. 122344. (

a) This

chapter does not prevent a city or county from adopting or enforcing ordinances on the keeping of roosters that are more restrictive than the requirements set forth in this part. (

b) This

chapter does not limit or affect the application or enforcement of any other law that protects animals, including, but not limited to, Sections 597, 597b, 597c, 597i, 597j, and 599aa of the Penal Code. (

c) This

chapter does not limit or authorize any act or omission that violates

Section 597, 597b, 597c, 597i, 597j, or 599aa of the Penal Code, or any other local, state, or federal law that protects animals.