California Penal Code section 597t

Last updated

Section 597t of the Penal Code of California is a California State criminal law which requires that animals confined in enclosed areas be provided with an adequate exercise area. Even though this section of the Penal Code does not define "adequate exercise area", it would seem to prohibit the confinement of calves in veal crates, as well as the confinement of hens in battery cages and the confinement of sows in gestation crates. However, this law seems to have never been enforced.

Contents

There is not a single court case in California where a defendant was found guilty of or even prosecuted for violating 597t. Because this law has never been applied in a court case, there is no precedential standard according to which animal confinement may be judged. Since 597t is a criminal law, it may not be enforced by private entities through civil action, and may only be enforced by a public prosecutor filing a criminal action, or by corporations formed for the prevention of cruelty to animals under the California Corporations Code § 10400 [1]

Text

§ 597t of the California Penal Code states:

Every person who keeps an animal confined in an enclosed area shall provide it with an adequate exercise area. If the animal is restricted by a leash, rope, or chain, the leash, rope, or chain shall be affixed in such a manner that it will prevent the animal from becoming entangled or injured and permit the animal's access to adequate shelter, food, and water. Violation of this section constitutes a misdemeanor. This section shall not apply to an animal which is in transit, in a vehicle, or in the immediate control of a person. [2]

Court Cases

Three California cases cite 597t. However, the courts in all these cases refrained from determining whether the concerned animal farming practice violates this statute.

Farm Sanctuary, Inc. v. Corcpork, Inc.

Farm Sanctuary claimed that Corcpork's use of gestation crates violates Pen. Code section 597t and thus constitutes an unfair business practice under Business and Professions Code sections 17200 et. seq. In Farm Sanctuary, Inc. v. Corcpork, Inc., 2007 Cal. Unpub. LEXIS 634, the court refused to hear Farm Sanctuary's claim that violations under 597t constitute unfair business practice under B&PC 17200. According to California Proposition 64 (2004), an individual or group may only sue for unfair business practices if that individual or group has suffered actual injury and has lost money or property as a result of unfair competition. The court issued summary judgment in favor of Corcpork, and did not address whether the confinement of sows in gestation crates violates 597t.

Humane Society of the United States v. State Bd. of Equalization

Under the Code of Civil Procedure section 526(a), any individual taxpayer or group of taxpayers may seek a judgment restraining wasteful government expenditures. Wasteful government expenditures are understood as government funding for illegal activities. The Humane Society of the United States sued the California State Board of Equalization, arguing that sales tax exemptions for battery cages are illegal government expenditures in that they enable factory farmers to confine hens in a way that violates Pen. Code section 597t. However, in Humane Society of the United States v. State Bd. of Equalization, 152 Cal. App. 4th 349 (2007), the court ruled that sales tax exemptions for battery cages are not illegal and so do not constitute wasteful government expenditures under Code Civ. Proc. section 526(a). The court did not address whether battery cages violate Pen. Code section 597t.

Animal Legal Defense Fund (ALDF) sued Victor L. Mendes for confining calves in veal crates, which ALDF considered to be a violation of Pen. Code 597t. In Animal Legal Defense Fund v. Mendes, 160 Cal. App. 4th 136 (2008), the court ruled that ALDF had no private right to enforce 597t through civil action. Since 597t is a criminal law, it may only be enforced by a public prosecutor, or by a private corporation which meets particular standards. The court did not address whether the confinement of calves in veal crates violates 597t.

There are two ways in which private entities may initiate legal action against persons who violate anticruelty criminal laws. One way is through Section 10400 corporations. According to Corporations Code section 10400, a corporation may be formed for the purpose of preventing cruelty to animals, and may pursue legal action against anyone for violating anti-cruelty laws. The articles of incorporation for these corporations are to be filed with the Secretary of State and endorsed by the Department of Justice or by a judge of the superior court of the county in which the principal office of the corporation is located. Only these corporations may apply for appointment of humane officers whose duty it is to enforce laws for the prevention of cruelty to animals.

Private persons and corporations who are not incorporated under Corp. Code section 10400 may initiate legal action against persons who violate anticruelty criminal laws by making a complaint under oath to a magistrate authorized to issue warrants in criminal cases. A magistrate who receives a complaint alleging ongoing or potential animal abuse in a particular location must issue a warrant to a sheriff, police officer, or officer of a Section 10400 corporation, authorizing him or her to enter and search the building mentioned in the complaint and to arrest any person there who is violating, or intending to violate, anticruelty laws.

The ALDF is not a Section 10400 corporation. Its articles of incorporation were not endorsed by the Department of Justice or by a judge of any superior court for the purpose of giving it quasi-governmental powers described in Section 10400. Since it is not a Section 10400 corporation, it does not have a humane officer who is authorized to pursue legal action against violators of anticruelty criminal laws. The ALDF did not make a complaint before a magistrate authorized to issue warrants. Because this case is not initiated by a Section 10400 corporation, or by a complaint made before a magistrate, it does not fall under any of the methods of enforcement provided by law.

See also

Notes

  1. "California Corporations Code § 10400". California Office of Legislative Counsel . Archived from the original on 2019-02-28. Retrieved February 27, 2019.
  2. "California Penal Code § 597t". California Office of Legislative Counsel . Retrieved February 27, 2019.{{cite web}}: CS1 maint: url-status (link)

Related Research Articles

Veal Meat of young cattle

Veal is the meat of calves, in contrast to the beef from older cattle. Veal can be produced from a calf of either sex and any breed, however most veal comes from young male calves of dairy breeds which are not used for breeding. Generally, veal is more expensive by weight than beef from older cattle. Veal production is a way to add value to dairy bull calves and to utilize whey solids, a byproduct from the manufacturing of cheese.

Animal hoarding

Animal hoarding, sometimes called Noah syndrome, is keeping a higher-than-usual number of animals as domestic pets without ability to properly house or care for them, while at the same time denying this inability. Compulsive hoarding can be characterized as a symptom of mental disorder rather than deliberate cruelty towards animals. Hoarders are deeply attached to their pets and find it extremely difficult to let the pets go. They typically cannot comprehend that they are harming their pets by failing to provide them with proper care. Hoarders tend to believe that they provide the right amount of care for them. The American Society for the Prevention of Cruelty to Animals provides a "Hoarding Prevention Team", which works with hoarders to help them attain a manageable and healthy number of pets.

Cruelty to animals Negligent or abusive action against non-human animal by humans

Cruelty to animals, also called animal abuse, animal neglect or animal cruelty, is the infliction by omission (neglect) or by commission by humans of suffering or harm upon any animal. More narrowly, it can be the causing of harm or suffering for specific achievement, such as killing animals for entertainment; cruelty to animals sometimes encompasses inflicting harm or suffering as an end in itself, defined as zoosadism.

California Penal Code Defines most criminal law, criminal procedure, and penal institutions in California

The Penal Code of California forms the basis for the application of most criminal law, criminal procedure, penal institutions, and the execution of sentences, among other things, in the American state of California. It was originally enacted in 1872 as one of the original four California Codes, and has been substantially amended and revised since then. The entirety of the Penal Code is available for free at leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=PEN

In law, rendition is a "surrender" or "handing over" of persons or property, particularly from one jurisdiction to another. For criminal suspects, extradition is the most common type of rendition. Rendition can also be seen as the act of handing over, after the request for extradition has taken place.

Animal Legal Defense Fund

The Animal Legal Defense Fund is an animal law advocacy organization. Its stated mission is to protect the lives and advance the interests of animals through the legal system. It accomplishes this by filing high-impact lawsuits to protect animals from harm, providing free legal assistance and training to prosecutors to assure that animal abusers are punished for their crimes, supporting tough animal protection legislation and fighting legislation harmful to animals, and providing resources and opportunities to law students and professionals to advance the emerging field of animal law. In addition to their national headquarters in Cotati, California, the Animal Legal Defense Fund maintains an office in Portland, Oregon.

Wayne Pacelle American activist

Wayne Pacelle is one of the leading contemporary animal advocates, having founded or led a set of major animal rights organizations, negotiated agreements on animal rights with major American companies, and helped conceive of and pass statewide ballot measures and federal laws. He is also a two-time New York Times best-selling author.

The Hayden Act, introduced by California Senator Tom Hayden as Senate Bill 1785 on February 18, 1998, amended California Law as it applies to companion animals.

2008 California Proposition 2

Proposition 2 was a California ballot proposition in that state's general election on November 4, 2008. It passed with 63% of the votes in favor and 37% against. Submitted to the Secretary of State as the Prevention of Farm Animal Cruelty Act, the initiative's name was amended to officially be known as the Standards for Confining Farm Animals initiative. The official title of the statute enacted by the proposition is the Prevention of Farm Animal Cruelty Act.

ASPCA Humane Law Enforcement Division

The ASPCA Humane Law Enforcement Division was the law enforcement arm of the American Society for the Prevention of Cruelty to Animals (ASPCA) from 1866 until 2013, when the law enforcement division was disbanded. The agency enforced humane laws, and investigated cases of animal cruelty.

New Jersey Society for the Prevention of Cruelty to Animals

The New Jersey Society for the Prevention of Cruelty to Animals is a law enforcement agency in the state of New Jersey that focuses on humane law enforcement. The agency enforces animal-related laws and investigates cases of animal cruelty. In January 2018, Governor Chris Christie signed a bill intended to dissolve the organization and transfer animal cruelty law enforcement to county prosecutors, municipalities, and county SPCA agencies. The NJSPCA will cease law enforcement operations by August 1, 2018.

Humane law enforcement is the enforcement of laws relating to the humane treatment of animals.

Mercy for Animals United States–based animal welfare organization

Mercy For Animals (MFA) is an international nonprofit animal protection organization founded in 1999 by Milo Runkle. MFA's mission is to "prevent cruelty to farmed animals and promote compassionate food choices and policies."

Code of Criminal Procedure (India) Code of criminal law of India

The Code of Criminal Procedure commonly called Criminal Procedure Code (CrPC) is the main legislation on procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974. It provides the machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person and the determination of punishment of the guilty. It also deals with public nuisance, prevention of offences and maintenance of wife, child and parents.

Animal welfare and rights in Malaysia is about the laws concerning and treatment of non-human animals in Malaysia. Malaysia has had a national animal welfare law since 1953, though it was criticized for being weak and under-enforced. In 2015, Malaysia passed an updated animal welfare law strengthening protections for animals and penalties for animal cruelty. Animal protection efforts in Malaysia appear to be exclusively welfare-driven rather than rights-driven.

Animal welfare and rights in Brazil is about the laws concerning and treatment of non-human animals in Brazil. Brazil is a leading producer of animal products, and its allowance of intensive animal farming methods such as extreme confinement make farm animal welfare a major concern.

Animal welfare and rights in Canada is about the laws concerning and treatment of nonhuman animals in Canada. Canada has been considered to have weak animal welfare protections by the organization World Animal Protection. The vast majority of Canadians are for further animal protections, according to a poll conducted on behalf of Mercy for Animals.

Animal welfare and rights in Australia Treatment of and laws concerning non-human animals in Australia

This article is about the treatment of and laws concerning non-human animals in Australia. Australia has moderate animal protections by international standards.

2016 Massachusetts Question 3

An Act to Prevent Cruelty to Farm Animals, more commonly known as Question 3, was the third initiative on the 2016 Massachusetts ballot. The measure will require Massachusetts farmers to give chickens, pigs, and calves enough room to turn around, stand up, lie down, and fully extend their limbs. It will also prohibit the sale of eggs or meat from animals raised in conditions that did not meet these standards.

2018 California Proposition 12 Ballot measure in California requiring certain space requirements for farm animals

Proposition 12 was a California ballot proposition in that state's general election on November 6, 2018. The measure was self-titled the Prevention of Cruelty to Farm Animals Act. The measure passed, by a vote of about 63% Yes to 37% No.