Understand the nuances of AB 928 and
how it will affect you.
They say it’s about cockfighting. They say you won’t be affected. That’s not exactly true.
HOWEVER, while we are fighting the bill,
we are also working to change the language in the bill.
👏 PROTECT OUR HERITAGE
AB 928 will fine you $2500 per “movement-constrained” rooster per day
If you keep more than 3 per acre on your property.
IF YOU THINK YOU’RE COVERED BY AN EXEMPTION, THINK AGAIN.
Let’s take it section by section.
AB 928: 28800.
(a) 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.
2) Prohibits any person, beginning January 1, 2027, who keeps more than 3 roosters per acre, or more than 25 roosters total, regardless of acreage, on any property, from keeping a rooster movement-constrained through the use of an enclosure or tether.
This raises four questions:
- What are the consequences if you have more roosters than allowed by AB 928 and some are “movement-constrained”?
- What does “movement-constrained” mean & why do it?
- Who needs more than 3 roosters per acre (or more than 25)?
- How does AB 928 define “rooster”?
What are the consequences?
AB 928: 28800.
(c)(1) 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 district attorney, a county counsel, a city attorney, or a city prosecutor in this state in any court of competent jurisdiction.
4) Makes a person who violates 2) liable for a civil penalty, not to exceed two thousand five hundred dollars ($2,500) for each violation, and requires that penalty to 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.
— AND —
6) Makes each day a rooster is kept in violation of 2) a distinct violation.
The penalty is $2500 PER ROOSTER PER DAY. Because everyone will be under the same restrictions, all excess roosters will be immediately and needlessly killed. People who provide loving homes for unwanted male chickens will be under the same restrictions. Taking 4 days to find a home for a single rooster would cost you $10,000!
What does “movement-constrained” mean & why do it?
AB 928: 28800.
2) Prohibits any person, beginning January 1, 2027, who keeps more than 3 roosters per acre, or more than 25 roosters total, regardless of acreage, on any property, from keeping a rooster movement-constrained through the use of an enclosure or tether.
— AND —
8) c) “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:
i) Is used to provide long-term housing for one adult rooster;
ii) Prevents interaction with other roosters.
AB 928 defines “movement-constrained” as being tethered OR enclosed. AB 928 defines being enclosed as being housed individually. What does this mean for you?
- If you free-range your roosters, AB 928 does not apply to you
- If you keep your roosters with other chickens, AB 928 does not apply to you
There are a few reasons for housing a rooster individually.
- If you show, you will need to condition your roosters and will need to house them individually. HOWEVER, I have on good authority that the NPIP requirement for show breeders is being removed. Show breeders WILL be exempt.
- Some breeds of chickens are more “canabilistic” and aggressive than others. One example is our primary meat bird in the United States, the Cornish Cross — a cross between a Cornish Game Hen and Plymouth Rock. These are so aggressive that in order to keep them in a communal setting, the tip of the beaks must be trimmed. Many game type chickens will hurt each other if keep in a communal setting. Thus housing them individually is good animal husbandry.
Who needs more than 3 roosters/acre?
Chicken Mama and Rooster Ally Jenna J. opens her heart, and her yard to unwanted roosters. Today she has 18. But that could change tomorrow when someone needs to rehome a rooster they cannot keep.
Many rescued roosters are “game” varieties that need to be housed individually for their own — and the rest of the flock’s — welfare.
4-H Leader and former Humane Officer Serena R. is dedicated to educating youth in animal husbandry, sustainability, and native traditions. She raises and shows 9 breeds of chickens. Show breeders like Serena typically need at least 10 roosters per breed in order to preserve genetic diversity and ensure the next generation is as healthy and faultless as possible.
While she will be exempt, she is concerned that the bill’s language is confusing and that Animal Control officers will not be able to distinguish between show birds and fighting birds.
Nathan H will age out of FFA in a few months. He feeds his community with meat and eggs, he raises superb show stock, and he supplies feed stores and backyard chicken owners with healthy chicks. In order to do what he does, he needs many roosters for each of the 7 breeds he raises.
While his food producing flock and show stock will be exempt, he is concerned because there is no exemption for hatcheries. If AB 928 passes, he will not be able to supply his community with chicks any longer.
According to a recent survey, more than 50% of chicken breeders keep 5+ breeds of chickens on 5 acres or less.
In the Hmong tradition, roosters are essential throughout ones life. A Hmong family will need 1-2 per day for 30 days following the birth of a child. Roosters play an integral role in all milestones and celebrations. Roosters help heal from traumatic experiences. Roosters bless a wedding/marriage. And most important, roosters are required to enter “heaven”.
The “movement-constrained” rooster restrictions mean:
- Hmong will be unable to practice their religion
- Rare or heritage breeds that are not shown will face statewide extinction
- Chicks will need to be shipped to your local feed store from out-of-state
- Chicken Mamas like Jenna will be forced to euthanize their pets
Keep reading to find out WHY these groups are NOT EXEMPT from the rooster restrictions.
But first,
What is a rooster?
AB 928 defines a rooster as:
28800.
(d)(2) “Rooster” means a male chicken that meets ANY of the following criteria:
(A) Is six months of age or older.
(B) Has full adult plumage.
(C) Is capable of crowing.
b) “Rooster” means a male chicken that meets ANY of the following criteria:
i) Is six months of age or older; (many roosters don’t reach maturity until 12-18 months of age)
ii) Has full adult plumage;
iii) Is capable of crowing. (which often happens younger than 8 weeks of age)
iv) Is not a bantam chicken.
I have on good authority that this definition WILL change to a male chicken that meets ALL of the criteria.
However, as written, chicks that are still under lamps that are trying to crow are roosters. This is seriously problematic when 50% of chicks are male and you can be charged $2500 for each of them!
One VERY important thing to note is that AB 928s definition of a “rooster” excludes bantams. Bantam breeders, AB 928 does not apply to you. But do you trust an Animal Control officer to know the difference?
You’re out of your mind! I’m exempt!!!
Are you though? Let’s dig into the exemptions.
28800.
(b) This section does not apply to any of the following:
(1) 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.
3) Exempts the following from the prohibition in 2):
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;
We asked that “including for personal noncommercial food production” be added to the bill and were denied. PEOPLE WHO RAISE FOOD FOR THEIR FAMILIES ARE NOT EXEMPT! BUT please keep in mind that if you house your roosters communally, AB 928 does not apply to you.
Mostly this will apply to the South East Asian community where game roosters are required for their religion and diet.
28800.
(b) This section does not apply to any of the following:
(2) A public or private school registered with the State Department of Education.
(3) A government-operated animal shelter.
(4) A nonprofit animal welfare organization, as defined in Section 6010.40 of the Revenue and Taxation Code
3) Exempts the following from the prohibition in 2):
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;
Chicken Mamas and good-hearted neighbors who provide loving homes for unwanted roosters are NOT exempt. While they are devastated at the thought of giving up their pets, nonprofit rescues are PANICKING. Nonprofit rescues will not be able to handle the volume of roosters that will be dumped. MILLIONS OF ROOSTERS WILL DIE.
28800.
(b) This section does not apply to any of the following:
(5) 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.
3) Exempts the following from the prohibition in 2):
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;
A former 4-H mom is wondering what will happen to her daughter’s flock. Her daughter tragically suffered a traumatic brain injury and had to drop out of 4-H. If AB 928 passes, her child will not be able to keep her roosters that need to be housed individually.
Young children who are not old enough for 4-H are NOT EXEMPT. Neither are kids that age out of these youth programs.
I have heard that they are working on an exemption for kids who show as Independents. Do keep in mind that as long as kids are showing in APA type shows, they will be exempt.
28800.
(b) This section does not apply to any of the following:
(6) A person who meets ALL of the following criteria:
(A) Owns and breeds poultry for lawful exhibition in accordance with accepted poultry raising practices and all laws and regulations governing exhibition.
(B) Does not breed or raise poultry for purposes of making them available for cockfighting.
(C) 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.
(D) Is a certified participant in the National Poultry Improvement Plan, administered by the California Poultry Health Board pursuant to all federal and state program standards.
3) Exempts the following from the prohibition in 2):
f) A person who meets all of the following criteria:
i) Owns and breeds poultry for the purpose of 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 program standards.
While the NPIP requirement makes this not an exemption at all, I have on good authority that this WILL BE DROPPED by the end of the week. The author is working with the APA to truly exempt show breeders.
We raised a STINK about NPIP and they heard us. A recent survey found that 80% of chicken breeders believe getting NPIP certified would be difficult to impossible. This is because:
- The CA NPIP Small Backyard Flock Program is full. There is only funding for 100 flocks and the waitlist is 5-10 years long.
- Joining as an Independent Flock will cost the flock owner over $1000 per year AND
- the second flock inspection, which is a requirement to get certified, is not happening.
- Would-be participants from remote areas are told not to apply as no inspector will travel to their location.
While those raising for show are exempt, what happens if you are no longer able to show or don’t want to show?
Let’s recap
Who doesn’t need an exemption?
Your bantam roosters do not need an exemption. Your large roosters that are housed with other chickens or free range do not need an exemption.
Who is NOT exempt?
Young children are NOT EXEMPT.
Barnyard mix breeders are NOT EXEMPT.
People raising food for their families are NOT EXEMPT.
People providing loving homes for unwanted roosters are NOT EXEMPT.
People working to preserve rare and endangered breeds of chickens are NOT EXEMPT unless they also show.
People selling hatching eggs and providing chicks to their communities are NOT EXEMPT.
Roosters raised for cultural/religious purposes are NOT EXEMPT if they are housed individually.
People working on colored egg projects are NOT EXEMPT.
Who opposes AB 928?
Poultry Clubs,
Homesteaders,
4-H & FFA kids,
Preservation Breeders,
Animal Rights Activists,
Rooster Rescues,
Show Breeders,
4-H Leaders,
and those who dream of someday having a flock of their own…
…have joined forces to save millions of roosters from certain death.
Join us in voicing your opposition to AB 928!