Berkeley Municipal Code Ch. 23.336 Prohibition

23.336.010 Findings.¶

A. Hundreds of concentrated animal feeding operations (CAFOs) presently operate in California.

B. Animal agriculture is responsible for 38% of methane emissions in the United States, and it is projected that the global agriculture sector will nearly double in greenhouse gas emissions by 2050.

C. By worsening climate change via the release of greenhouse gases, CAFOs are a major contributor to the drought and wildfires in California.

D. CAFOs are contributing to the ongoing water crisis in California, with some facilities using up to 4 million gallons of water per day and others polluting water sources with chemical fertilizers and manure.

E. Globally, animal agriculture is the primary driver of biodiversity loss through its dependence on inputs such as fertilizer, pesticides, energy, land, and water, and on practices such as monocropping and heavy tilling, which in turn reduces the variety of landscapes and habitats.

F. It is a well-established scientific fact, as supported by 2,500 studies exploring animal cognition, that nonhuman animals have emotions, personalities, and the ability to feel pain, fear, and stress.

G. Millions of nonhuman animals are routinely confined and abused in CAFOs across California.

H. The treatment of nonhuman animals in CAFOs routinely violates California animal cruelty laws, with little to no enforcement.

I. Three out of four emerging infectious diseases are zoonotic, and CAFOs pose a serious risk to public health.

J. Investigators have found antibiotic resistant bacteria and infectious diseases in CAFOs in California and across the U.S.

K. Workers in the animal agriculture industry experience higher rates of substance abuse, post-traumatic stress disorder (PTSD), and domestic violence.

L. In summary, CAFOs are a leading cause of environmental destruction, pose grave risks to public health, abuse and kill nonhuman animals, and often create dangerous and exploitative conditions for workers. (Ord. 7951-NS, 2024)

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23.336.020 Prohibition on Establishment and Operation of Concentrated Animal Feeding Operations (CAFOs).¶

A. Definitions. For purposes of this chapter, the following definition shall apply:

a. "Concentrated Animal Feeding Operation" or "CAFO" means an agricultural operations where animals have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and which meets the regulatory definition set out by the Environmental Protection Agency seen in the following table

Regulatory Definitions of Large CAFOs, Medium CAFOs, and Small CAFOs.

A Large CAFO confines at least the number of animals described in the table below.

A Medium CAFO falls within the size range in the table below and either:

•Has a manmade ditch or pipe that carries manure or wastewater to surface water; or

•the animals come into contact with surface water that passes through the area where they’re confined.

If an operation is found to be a significant contributor of pollutants, the permitting authority may designate a medium-sized facility as a CAFO.

A Small CAFO confines fewer than the number of animals listed in the table and has been designated as a CAFO by the permitting authority as a significant contributor of pollutants.

Animal Sector	Size Thresholds (number of animals)	Size Thresholds (number of animals)	Size Thresholds (number of animals)
	Large CAFOs	Medium CAFOs 1	Small CAFOs 2
	Large CAFOs	Medium CAFOs 1	Small CAFOs 2
cattle or cow/calf pairs	1,000 or more	300 - 999	less than 300
mature dairy cattle	700 or more	200 - 699	less than 200
veal calves	1,000 or more	300 - 999	less than 300
swine (weighing over 55 pounds)	2,500 or more	750 - 2,499	less than 750
swine (weighing less than 55 pounds)	10,000 or more	3,000 - 9,999	less than 3,000
horses	500 or more	150 - 499	less than 150
sheep or lambs	10,000 or more	3,000 - 9,999	less than 3,000
turkeys	55,000 or more	16,500 - 54,999	less than 16,500
laying hens or broilers (liquid manure handling systems)	30,000 or more	9,000 - 29,999	less than 9,000
chickens other than laying hens (other than a liquid manure handling systems)	125,000 or more	37,500 - 124,999	less than 37,500
laying hens (other than a liquid manure handling systems)	82,000 or more	25,000 - 81,999	less than 25,000
ducks (other than a liquid manure handling systems)	30,000 or more	10,000 - 29,999	less than 10,000
ducks (liquid manure handling systems)	5,000 or more	1,500 - 4,999	less than 1,500

1Must also meet one of two "method of discharge" to be defined as a CAFO or may be designated.

2 Never a CAFO by regulatory definition, but may be designated as a CAFO on a case-by-case basis.

B. Prohibition.

a. No person, corporation, or other entity shall establish a CAFO of any size within the city of Berkeley.

b. No person, corporation, or other entity shall expand an existing CAFO of any size within the city of Berkeley.

c. Any CAFO in operation within the city of Berkeley at the time of this initiative’s passage shall be phased out within a period of 1 year. (Ord. 7951-NS, 2024)

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23.336.030 Enforcement and Penalties.¶

A. The City Council shall have the authority to enforce this initiative, including the power to inspect premises suspected of violating its provisions.

B. This Chapter also provides a private right of action upon any person or entity to seek injunctive relief and penalties against a person or business who violates this prohibition.

C. Any person that violates this prohibition is civilly liable for a penalty in an amount of $10,000 per violation per day.

D. A court shall award a plaintiff who prevails on a cause of action reasonable attorney’s fees and costs. (Ord. 7951-NS, 2024)

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23.336.040 Severability.¶

If any provision of this initiative is found to be invalid or unconstitutional, such finding shall not affect the validity or constitutionality of the remaining provisions. (Ord. 7951-NS, 2024)

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23.336.050 Effective Date.¶

This initiative shall become effective immediately after its passage by the voters. (Ord. 7951-NS, 2024)

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