CA Bill 928 aims to restrict rooster ownership in your property .

Palmdale, CA.- Assemblymember Chris Rogers introduced AB 928, which seeks to limit rooster ownership.

The bill prohibits more than three roosters per acre or a total of 25 roosters on any property. Violations will be subject to civil penalties.

Assemblymember Chris Rogers (D-Santa Rosa) introduced AB 928, the Cockfighting Cruelty Act. This legislation, introduced in partnership with the Humane Society of the United States, empowers law enforcement to address the barbaric and illegal practice of cockfighting by establishing civil penalties for gamefowl yards where roosters are bred for cockfighting.

"AB 928 builds on California’s legacy of protecting animals from cruel and inhumane treatment by allowing law enforcement to address cockfighting in the community before it becomes a major criminal operation,” said Assemblymember Rogers. “This legislation will not only protect birds, it also helps address the public health risk presented by smuggled birds that have the potential to spread diseases, like avian flu, to legitimate poultry operations.”

Despite California’s strong cockfighting laws, the USDA has estimated that cockfighting is a multi-million dollar criminal industry that involves more than 3 million birds statewide.

The three largest cockfighting seizures in U.S. history were all recently in California.  For example, in 2022, a man in Ceres was sentenced to 16 months in prison for selling gamefowl after federal agents found nearly 3,000 birds on his property. It is illegal in California to possess birds for the purpose of cockfighting yet it is an exceedingly difficult crime to enforce because officers must prove intent.

AB 928 would provide state and local law enforcement with an additional tool to proactively address illegal cockfighting by establishing civil penalties for gamefowl yards where roosters are bred for cockfighting. Specifically, the bill prescribes that anyone who maintains more than three roosters per acre, or 25 total on a property, may be subject to a civil penalty for each bird over the established limits. This measure exempts commercial poultry operations, poultry hobbyists, schools, animal agencies, and FFA and 4H projects.

“Cockfighting is a criminal industry in California that profits from extreme animal cruelty, and we applaud Assemblymember Rogers’ leadership on this issue,” said Ann Chynoweth, Senior Director of the Animal Cruelty Campaign for The Humane Society of the United States. “Not only is cockfighting malicious, it also poses a significant risk for the spread of avian diseases. With the rising cost of eggs being a persistent issue for California consumers, this legislation will help protect against the driver behind those price increases -- avian flu.”

Avian flu, which is often spread by wild birds, has caused the death of more than 2 million commercial and backyard poultry in California in the last two years.

Gamefowl are a high-risk disease vector for avian disease because they are raised without protection from wild birds, transported across the country without oversight, and often exposed to bloody birds. In 2003, roosters illegally smuggled into California from Mexico for cockfighting are believed to have caused a virulent Newcastle disease (vND) outbreak that lasted eleven months, led to the depopulation of 3.16 million birds, and cost taxpayers $161 million.

The National Chicken Council testified in support of the Federal Animal Fighting Prohibition Act calling cockfighting “an inhumane practice that presents a continuing threat to the health of commercial flocks.”

SUMMARY: This bill would prohibit a person from keeping or raising more than 3 roosters per

acre, or 25 roosters total on any property, except as specified and would subject a person who

violates this prohibition to a civil penalty not to exceed $2,500 for each violation, as provided.

Specifically, this bill:

1) Makes legislative findings and declarations that cockfighting is illegal in California, but

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

2000 to 2024 in the United States were in California, 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, and gamefowl yards pose a

significant risk to the spread of avian diseases.

2) Requires on and after January 1, 2027, a person shall not keep or raise more than 3 roosters

per acre, or more than 25 roosters total, regardless of acreage, on any property.

3) Exempts 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) d) A public or private school registered with the State Department of Education.

c) A government-operated animal shelter.

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 State Grange project, if the 4-H, FFA, or

State 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:

i) Owns and breeds poultry for lawful exhibition in accordance with accepted poultry

raising practices and all laws and regulations governing exhibition.

ii) Does not breed or raise poultry for purposes of making them available for

cockfighting.

iii) Within the preceding 10 years, has not been convicted for any cockfighting offense

pursuant to Section 597b of the Penal Code or Section 2156 of Title 7 of the United

States Code, or any other cockfighting offense of any state.

iv) Is a certified participant in the National Poultry Improvement Plan, administered by

the California Poultry Health Board pursuant to all federal and state programAB 928

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standards.

4) Requires a person who violates this section to 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 district attorney, county counsel, city attorney, or city prosecutor in this

state in any court of competent jurisdiction.

5) States that 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 district attorney or 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.

6) Defines the following:

a) b) “Property” means a parcel, as defined in Section 9021 of the Streets and Highways Code,

or a combination of parcels operated as one unit.

“Rooster” means a male chicken that meets any of the following criteria:

i) Is six months of age or older.

ii) Has full adult plumage.

iii) Is capable of crowing.

EXISTING LAW:

1) 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. (Penal Code (PEN) 598.1, 310, Civil Code 3482.2)

2) Regulates, generally, the production of poultry, eggs, and egg products. (Food and Ag Code

25401-26151)

3) Prescribes various penalties for violations of those provisions. (Pen 957.6, 957.9)

FISCAL EFFECT: Unknown

COMMENTS: A cockfight is an organized fight between two roosters held in a ring called a

cock pit. These birds called gamecocks are bred and conditioned for increased strength and

stamina. Many of these birds have been pumped full of steroids and other drugs to increase their

metabolism, which makes them stronger and harder to kill. A cock fight generally lasts from a

few minutes to about a half hour. Although not all fights result in the death of the bird, resulting

major trauma is quite common; this may later result in death. Wages are often placed on the birds

during these matches.AB 928

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As of 2023, cockfighting is illegal in all 50 U.S. states, the District of Columbia, and all U.S.

territories. The last state to implement a state law banning cockfighting was Louisiana. As of

2013, cockfighting is a felony in 40 states and the District of Columbia, the possession of birds

for fighting is prohibited in 39 states and the District of Columbia, being a spectator at a

cockfight is prohibited in 43 states and the District of Columbia, and the possession of

cockfighting implements is prohibited in 15 states.

Additionally, the 2014 farm bill contained a provision making it a federal crime to attend an

animal fighting event or bring a child under the age of 16 to an animal fighting event.

According to the author, cockfighting is a barbaric and inexcusable criminal industry that profits

from severe animal cruelty. Although the activity is illegal in every state and under federal law, it

continues to be a widespread criminal industry in California and across the country. The most

profitable aspect of this illegal industry is the trafficking of fighting birds from gamefowl yards

across the country—and particularly California--where hundreds, if not thousands, of roosters

are bred and sold for the purpose of fighting. These birds are raised outside with minimal shelter

and sold domestically and internationally for hundreds or thousands of dollars per bird. Illegally

trafficked fighting birds are a needless and significant risk to the poultry industry and public

health given the current and potential impacts of avian flu and other avian diseases. This bill

empowers law enforcement to proactively address this issue by establishing civil liability for

those who traffic birds for fighting. This legislation will not infer with commercial poultry

operations, poultry hobbyists, schools, animal agencies, and FFA and 4H projects. California

must continue to lead the fight on animal cruelty and provide law enforcement with the tools

they need to stop illegal cockfighting and bird trafficking operations. Modeled after existing

California county ordinances, this bill will safeguard local communities from the cruelty, noise,

avian disease, and criminal activities linked to cockfighting.

Supporters state although the cockfighting is illegal in every state and under federal law,

cockfighting continues to be a widespread criminal industry in the US, and particularly in

California. In fact, the USDA has estimated that cockfighting is a multi-million-dollar criminal

industry in California that involves more than 3 million birds statewide.

Additionally, the three largest seizures of fighting birds in US history have all been in California.

Cockfighting is a barbaric and inexcusable criminal industry that profits from animal cruelty. It

involves pitting two roosters against one another, each with metal weapons attached to their legs

to fight to the death for the spectators' entertainment. It is also often associated with other

criminal activities such as drug trafficking, gang activity, and illegal weapon sales.

Gamefowl yards pose a higher risk for the spread of avian disease, including avian flu, because

they are typically raised outside without protection from wild birds, transported without

oversight, and often exposed to injured birds due to stressful fighting conditions. The National

Chicken Council testified in support of the Federal Animal Fighting Prohibition Act calling

cockfighting “an inhumane practice that presents a continuing threat to the health of commercial

flocks.

Opponents state this bill does not address cockfighting, instead it is a blatant attempt to control

the rights of the law-abiding citizens of this country and their private properties. The idea of the

government restricting our rights to own and preserve heritage gamefowl, which we can legallyAB 928

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own and care for, is unacceptable. Furthermore, opponents state cockfighting misdemeanor

charge and financial penalty for those who are caught illegally participating in cockfighting and

related activities. These penalties are drastically insufficient to deter offenders, who find the

small financial penalty paltry compared to the money they make from their illegal activities. In

order to make inroads into illegal cockfighting activities this bill should focus on a proposal to

change the current penal code for those who break the law. This legislation is not the way to

change the behavior of current and future offenders. Current law is outdated and it is time to

update the penalties outlined in Penal Code 597b.