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.
PROTECT OUR HERITAGE
AB 928 will fine you $2500 per 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.
This raises three questions:
- What are the consequences if you have more roosters than allowed by AB 928?
- 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.
Further clarification found that each day each rooster is kept is a separate violation. This means the fine for exceeding the number of roosters allowed 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 chicks will be under the same restrictions. Taking 4 days to find a home for a single rooster would cost you $10,000!
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.
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.
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.
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”.
Limiting people to 3 roosters per acre means that:
- Hmong will be unable to practice their religion
- Poultry shows will disappear from California
- Over 50 rare or heritage breeds of chicken 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. (many roosters don’t reach maturity until 12-18 months of age)
(B) Has full adult plumage.
(C) Is capable of crowing. (which often happens younger than 8 weeks of age)
Under this bill, 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!
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.
We were confused about this section so we asked. Are people who raise food for their families exempt? THE ANSWER IS NO! This exemption only applies to people who raise food commercially.
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
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 can’t handle the volume of beloved roosters that chicken lovers can’t bring themselves to kill. 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.
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.
Nathan H, whom you met earlier, turns 19 in September. While he could continue commercial food production, he would have to euthanize or sell his exceptional show flock and destroy his hatchery flocks that provide chicks to feed stores and homes throughout the state.
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.
This exemption is not an exemption at all due to point (D) requiring “exhibition” flocks be National Poultry Improvement Plan (NPIP) certified. 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.
Who is NOT exempt?
Let’s recap
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.
People selling hatching eggs and providing chicks to their communities are NOT EXEMPT.
Roosters raised for cultural/religious purposes are NOT EXEMPT.
People working on colored egg projects are NOT EXEMPT.
99% of show breeders 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 protect the birds they love.
THE NEXT GENERATION OF CHICKENS DOES NOT EXIST WITHOUT ROOSTERS.
Join us in voicing your opposition to AB 928!