Fish & G. Code, § 2128 · Article 1. Generally
Fish & G. Code, § 2128
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) (1) Any person who houses, possesses, manages, or is in direct contact with an elephant shall not do either of the following:
(A) Use a bullhook, ankus, baseball bat, axe handle, pitchfork, or other device designed to inflict pain for the purpose of training or controlling the behavior of an elephant.
(B) Authorize or allow an employee, agent, or contractor to use a bullhook, ankus, baseball bat, axe handle, pitchfork, or other device designed to inflict pain for the purpose of training or controlling the behavior of an elephant.
(2) Use prohibited by this subdivision includes brandishing, exhibiting, or displaying the devices in the presence of an elephant.
(b) Any person who violates this section is subject to the civil penalty set forth in Section 2125 for each violation, and the restricted species permit for the elephant is subject to immediate suspension or revocation by the department. A person whose restricted species permit is suspended or revoked pursuant to this section may appeal the suspension or revocation to the commission by filing a written request for an appeal with the commission within 30 days of the suspension or revocation. A person who violates this section is not subject to the criminal penalties set forth in this code.
(c) The provisions of this section are in addition to, and not in lieu of, any other laws protecting animal welfare. This section shall not be construed to limit any state law or rules protecting the welfare of animals or to prevent a local governing body from adopting and enforcing its own animal welfare laws and regulations.
(d) This section shall become operative on January 1, 2018.
Notes and commentary — not statutory text
History
Added by Stats. 2016, Ch. 234, Sec. 1. (SB 1062) Effective January 1, 2017. Section operative January 1, 2018, by its own provisions.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FGC§ionNum=2128.
- Text hash
- sha256 54b516f0bc2a8100a13711a1215c05d47aff45ac525b684d05ad0926dd3bb62b
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Fish and Game Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.