Law:Division 5. Animal And Poultry Quarantine And Pest Control (California)

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Contents

Part 1. Diseased Animals And Poultry

Chapter 1. General Provisions

Article 1. Reports

Ca Codes (fac:9101) Food And Agricultural Code Section 9101



9101. (a) The department shall periodically publish and make available a list of reportable conditions that pose or may pose significant threats to public health, animal health, the environment, or the food supply. This document shall be known as the "List of Reportable Conditions for Animals and Animal Products." (b) Any licensed veterinarian, any person operating a diagnostic laboratory, or any person who has been informed, recognizes or should recognize, by virtue of education, experience, or occupation, that any animal or animal product is or may be affected by, has been exposed to, or may be transmitting or carrying any condition specified in the "List of Reportable Conditions for Animals and Animal Products," shall report to the department all known information required by the department within the time specified in the "List of Reportable Conditions for Animals and Animal Products." (c) For the purposes of this section, "animal" includes any animal, poultry, fowl, bird, or fish. (d) While the procedure for selecting the conditions required to be reported and the method of preparation and publication of the "List of Reportable Conditions for Animals and Animal Products" shall be established by regulation, the selection of the specific conditions identified in the "List of Reportable Conditions for Animals and Animal Products" and the timeframe for reporting those conditions are exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of Government Code. (e) Until the department publishes the "List of Reportable Conditions for Animals and Animal Products," the diseases listed in Section 796 of Title 3 of the California Code of Regulations shall constitute the conditions required to be reported pursuant to this section.


Article 2. Serum

Ca Codes (fac:9121) Food And Agricultural Code Section 9121



9121. Any person that is engaged in stockraising may purchase for injection in his stock any serum used for the cure or prevention of animal diseases.


Article 3. Disposal Of Carcasses

Ca Codes (fac:9141-9143) Food And Agricultural Code Section 9141-9143



9141. Any person that has the care or control of any animal that dies from any contagious disease shall immediately cremate or bury the animal.

9142. An animal which has died from any contagious disease shall not be transported, except to the nearest crematory. The transportation of the animal to the crematory shall be pursuant to such regulations as the director may adopt.


9143. An animal which has died from any contagious disease shall not be used for the food of any human being, domestic animal, or fowl.


Article 4. Violations And Penalties

Ca Codes (fac:9161-9169) Food And Agricultural Code Section 9161-9169



9161. It is unlawful for any person to bring, cause to be brought, or aid in bringing into the state any domestic animal which such person knows is infected with any contagious disease.


9162. Except as otherwise provided in Section 9571, it is unlawful for any person to knowingly sell, use, expose, or fail to immediately kill, after notification of its condition from a licensed veterinarian or the department, any horse, mule, or other animal which has the disease that is known as dourine, as shown by a complement-fixation test, or which has the disease known as glanders, or farcy, as shown by a reaction to the mallein test, physical examination, or other test or examination which is recognized by the department.

9163. Any person that owns or has possession or control of any animal which is affected by any contagious or infectious disease, that fails to keep the animal within an inclosure, or herd the animal in a place where it is secure from contact with other animals of like kind that are not so affected, or that permits the infected animal to be driven on any public highway, is guilty of a misdemeanor, which is punishable by a fine of not more than one thousand dollars ($1,000) for each offense.


9164. In order to prevent the spread of any livestock disease, it is unlawful for any person, that does not have a written permit issued by the director, to remove, or cause to be removed, any livestock from slaughterhouse pens, yards, corrals, or similar holding places where livestock is held for the purpose of immediate slaughter, except directly into the slaughterhouse that controls such pens, yards, corrals, or similar holding places.


9165. Except for Sections 10492 and 10494, any person that violates any provision of this division is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by imprisonment of not less than 10 days nor more than six months, or by both such fine and imprisonment.


9166. (a) In addition to any other penalty or fine prescribed by law, any person who violates any provision of this division, or any regulation which is issued pursuant to this division, is subject to an administrative penalty of not less than one hundred dollars ($100) or more than one thousand dollars ($1,000) for each violation. Each violation during any day constitutes a separate offense. Any money that is recovered under this section shall be paid into the State Treasury and shall be credited to the Department of Food and Agriculture Fund. (b) If the secretary finds that a violation has occurred, the person charged shall receive notice of the nature of the violation, and shall be given an opportunity to be heard in accordance with Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code, except that informal hearing procedures may not be used under the circumstances described in subdivision (a) or (b) of Section 11445.20 of the Government Code.


9167. The Attorney General shall, upon complaint by the director, or may, upon his own initiative, if after examination of the complaint and evidence he believes a violation has occurred, bring an action for civil penalties in the name of the people of this state in any court of competent jurisdiction in this state against any person violating any provision of this division.


9168. The Attorney General shall, upon complaint by the director, or may upon his own initiative, if after examination of the complaint and evidence he believes a violation has occurred, bring an action in the name of the people of this state in the superior court for an injunction against any person violating any provision of this division or any regulation which is adopted by the director pursuant to it. Any proceedings pursuant to this section shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. The director shall not, however, be required to allege facts necessary to show or tending to show lack of adequate remedy at law or to show or tending to show irreparable damage or loss.


9169. It is unlawful for any person to defeat or interfere with or to attempt to defeat or interfere with any animal disease test authorized by any provision of this division.


Article 5. Investigations

Ca Codes (fac:9175) Food And Agricultural Code Section 9175



9175. The director may make any necessary investigations relative to reported violations of this division, pursuant to Article 2 (commencing with Section 11180) of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code.


Article 6. Collections

Ca Codes (fac:9185-9189) Food And Agricultural Code Section 9185-9189



9185. Any fees which are provided for by any provision of this division and regulations promulgated pursuant to it shall be due and payable upon receipt of a statement from the department itemizing the kind and amount of such fees. Such fees shall be paid to the director within 30 days of the receipt of the statement.


9186. Any fees which are due and payable pursuant to Section 9185 which are not paid may be recovered by the director in accordance with the provisions of Section 281.


9187. A penalty assessment of 5 percent per month of the amount of any unpaid fees, not to exceed 25 percent, shall be collected by the director when fees are not paid in accordance with Section 9185.


9188. The director shall have a lien upon any livestock and real property owned by the person owing any fees due under any provision of this division that are not paid pursuant to Section 9185.


9189. All money which is collected pursuant to this division shall be paid into the State Treasury and shall be credited to the Department of Food and Agriculture Fund and may be expended in carrying out the provisions of this division.


Chapter 1.5. Biologics

Chapter 1.5. Commercial Blood Banks For Animals And Biologics

Article 1. Definitions

Ca Codes (fac:9201-9206) Food And Agricultural Code Section 9201-9206



9201. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.


9202. "Animal" includes, but is not limited to, any domesticated fowl or nonhuman mammal and any wild fowl, bird, or mammal that is reduced to captivity.

9203. "Biologics" means the following products which are used for the diagnosis and detection of, and for the prevention or treatment of, disease in animals other than man: serum, blood, vaccines, live vaccine, killed vaccine, tissue vaccine, autogenous vaccine, live virus, killed virus, live bacterial culture, killed bacterial culture, bacterin, hormone, tissue extract, gland extract, gland preparation, insulin, and similar products made from human or animal tissues or micro-organisms.


9203. "Biologics" means all viruses, serums, antibody products, toxins (excluding substances that are selectively toxic to microorganisms, for example, antibiotics), or analogous products at any stage of production, shipment, distribution, or sale, which are intended for use in the treatment of animals and which act primarily through the direct stimulation, supplementation, enhancement, or modulation of the immune system or immune response.


9204. "Production" means collection of biologic material, preparation, testing, processing, storage, or distribution of biologics.

9204. "Blood and blood component products" means whole blood collected directly from a donor animal for transfusion or the blood components for transfusion including packed red blood cells, platelet-rich plasma, platelet concentrates, fresh plasma, fresh frozen plasma, frozen plasma, cryoprecipitate, and cryosupernatant. Antibody products like hyperimmune serums are considered "biologics" and are excluded from this definition of blood and blood component products.

9205. "Serial" means the total quantity of a biological product in final composition which has been mixed in a single container and identified by number.

9205. "Commercial blood bank for animals" means an establishment that produces animal blood or blood component products to market and sell for use in the cure, mitigation, treatment, or prevention of injury or disease in animals.

9206. "Production" means collection of blood or the preparation, testing, processing, storage, or distribution of blood or blood component products for the purpose of transfusion.


Article 2. Animal Blood And Blood Component Products Production And Biologics Production

Ca Codes (fac:9210) Food And Agricultural Code Section 9210



9210. No person shall engage in the production of animal blood and blood component products for retail sale and distribution except in a commercial blood bank for animals licensed by the secretary.


Article 2. Biologics Production

Ca Codes (fac:9211-9212) Food And Agricultural Code Section 9211-9212



9211. No person shall engage in the production of biologics except in any of the following: (a) In an establishment licensed by the United States Department of Agriculture. (b) In an establishment producing biologics only for use by the owner or operator of that establishment for animals owned by him or her. Biologics produced in such an establishment shall be registered by the director under this chapter. (c) In an establishment licensed by the director.


9211. No person shall engage in the production of biologics except as permitted under federal law.


9212. The secretary shall license biologic establishments that meet all of the following: (a) Operate under conditions, and use methods of production, to insure that the biologics will not be contaminated, dangerous, or harmful. (b) Produce biologics under the direct supervision of a person qualified in the field of production of biologics. (c) For those commercial blood banks for animals licensed by the department, maintain onsite records containing information documenting how the animal was acquired and any history of blood draws or use of anesthesia on the animal.


9212. The secretary shall license establishments as commercial blood banks for animals that meet all of the following: (a) Operate under conditions, and use methods of production, to ensure that the animal blood and blood component products will not be contaminated, dangerous, or harmful. (b) Produce animal blood and blood component products under the direct supervision of a person qualified in the field. (c) Maintain onsite records containing information documenting how the animal was acquired and any history of blood draws or use of anesthesia on the animal.


Article 3. Licenses

Ca Codes (fac:9221) Food And Agricultural Code Section 9221



9221. An application for a license for any establishment that produces, or proposes to produce, biologics shall be made on forms to be issued by the secretary. The application shall contain all of the following: (a) The name and address of the person who owns the place, establishment, or institution in which it is proposed to produce biologics. (b) The name and address of the person who shall be in charge of biologics production. (c) The type of biologics that shall be produced. (d) A full description of the building, including its location, facilities, equipment, and apparatus to be used in biologics production. (e) A written protocol for a commercial blood bank for animals that addresses all of the following: (1) Maximum length of time for donation by animal donors, or minimum health parameters for animal donors. (2) Frequency and volume of blood collected from animal blood donors. (3) Socialization and exercise programs for animal blood donors. (4) Method of identification of each animal, including microchip or tattoo. (5) Ongoing veterinary care, including an annual physical exam and vaccination schedule for animals held in blood donor facilities. (6) Husbandry standards for feeding, watering, sanitation, housing, handling, and care in transit, with minimums based on the standards set forth pursuant to the federal Animal Welfare Act in Part 3 (commencing with Section 3.1) of Subchapter A of Chapter 1 of Title 9 of the Code of Federal Regulations. (7) Implementation of a permissive adoption program. (f) An "oversight letter" identifying the oversight veterinarian who will be responsible for oversight of the facility. The letter shall be from the oversight veterinarian, and shall be maintained on file by the secretary. Oversight veterinarians shall be licensed to practice veterinary medicine in California. In the event of a change of the oversight veterinarian, it is the oversight veterinarian's responsibility to give notice to the secretary of the termination of the oversight veterinarian within 30 days of the termination date of the oversight veterinarian. An oversight letter from the incoming oversight veterinarian shall be submitted to the secretary within 30 days of the termination date of the prior oversight veterinarian. (g) Additional information that the secretary finds is necessary for the proper administration and enforcement of this chapter.


Article 4. License Fees

Ca Codes (fac:9231) Food And Agricultural Code Section 9231



9231. The license application fee and license renewal fee under this chapter for an establishment proposing to produce or producing biologics shall be as follows: (a) The application and annual license fee shall be two hundred fifty dollars ($250) for each establishment, which shall be the fee for the fiscal year, or portion thereof, ending June 30 of each year. When an applicant is a city, county, state, or district, or an official thereof, no fee shall be required under this section. (b) Licenses shall be renewed every year. The annual renewal fee shall be paid on or before the first day of July of each year. (c) For commercial blood banks for animals licensed by the department, fees may be increased by the department to cover the department's reasonable costs incurred in connection with performing the annual inspection required by Sections 9266 and 9268. (d) The fees required by this section are maximum, and may be fixed by the secretary at a lesser amount for any fiscal year whenever he or she finds that the cost of administering this chapter can be defrayed from revenues derived from the lower fees.


Article 5. Biologic Registration

Article 5. Blood Or Blood Component Product Registration

Ca Codes (fac:9241-9245) Food And Agricultural Code Section 9241-9245



9241. No person shall offer for sale or use any biologic unless it is registered by the director pursuant to this article, except, however, no such registration shall be required of any biologic manufactured pursuant to the terms of a valid license issued by the United States Department of Agriculture unless the director finds that, due to local conditions, it is necessary that the biologic be registered in order to assure that it have value for the purpose intended and it is safe to use in this state.


9241. No person shall offer for sale or use any of the following: (a) Any biologic unless it is manufactured pursuant to the terms of a valid license or permit issued by the United States Department of Agriculture. (b) Any blood or blood component product unless it is produced in an establishment licensed by the secretary.


9242. The director shall register any biologic that meets all of the following requirements: (a) It is produced under acceptable procedures, which include tests to insure its purity and safety. (b) The production and use of such type of biologic has not been specifically forbidden or disapproved by the director, the United States Department of Agriculture, or the United States Public Health Service. (c) It has been demonstrated to the director that such a biologic is safe and noninjurious to human or animal health. (d) It has been demonstrated to the director that such a biologic is of value for the purpose intended. (e) It is labeled for proper handling and use, and is not misrepresented. (f) It is produced in an establishment that meets the requirements of subdivision (a) or (c) of Section 9211.


9242. The secretary shall register blood or a blood component product that meets all of the following requirements: (a) It is produced under acceptable procedures. (b) It has been demonstrated to the secretary that the blood or blood component product is safe and noninjurious to animal health. (c) It has been demonstrated to the secretary that the blood or blood component product is of value for the purpose intended. (d) It is labeled for proper handling and use, and is not misrepresented. (e) It is produced in an establishment that meets the requirements of Section 9210.


9243. The director shall register a biologic, if it is produced in an establishment exempt from licensing pursuant to subdivision (b) of Section 9211 and meets the requirements of subdivisions (a), (b), and (c) of Section 9242.

9244. An application for registration of a biologic shall include both of the following: (a) A protocol of methods of production in detail which is followed in the production of the product. (b) A sample of the label to be placed on the biologic.


9244. An application for registration of blood or a blood component product shall include both of the following: (a) A protocol of the methods of production in detail that is followed in the production of the product. (b) A sample of the label to be placed on the blood or blood component product.

9245. The director may impose such conditions on the production or use of biologics as he deems necessary to accomplish the purposes of this chapter.

9245. The secretary may impose such conditions on the production or use of blood or blood component products as he or she deems necessary to accomplish the purposes of this chapter.


Article 6. Rules And Regulations

Ca Codes (fac:9251) Food And Agricultural Code Section 9251



9251. The director may adopt reasonably necessary rules and regulations for the administration and enforcement of this chapter.


Article 7. Enforcement

Ca Codes (fac:9261-9269) Food And Agricultural Code Section 9261-9269



9261. License for any establishment or registration of any biologic may be denied, suspended, or revoked by the director for failure to meet the requirements of this chapter or for the violation of any provision of this chapter, or of any rule or regulation adopted by the director under this chapter. The proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the Government Code.


9261. License for any commercial blood bank for animals or registration of any blood or blood component product may be denied, suspended, or revoked by the secretary for failure to meet the requirements of this chapter or for the violation of any provision of this chapter, or of any rule or regulation adopted by the secretary under this chapter. The proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.


9262. The biologics prepared prior to July 1, 1975, in laboratories licensed pursuant to Chapter 4 (commencing with Section 1600) of Division 2 of the Health and Safety Code, which have an expiration date of July 1, 1975, or later, are not subject to the provisions of this chapter.


9263. If the director finds that biologics do not conform to the requirements of Section 9242 or 9243 or the use or continued use of such products constitutes an immediate danger to persons or animals, he may, after notice, suspend the registration of such biologics or license of an establishment producing such biologics pending a hearing and final decision.


9263. If the secretary finds that blood or blood component products do not conform to the requirements of Section 9242 or the use or continued use of such products constitutes an immediate danger to animals, the secretary may, after notice, suspend the registration of those blood or blood component products or license of an establishment producing those blood or blood component products pending a hearing and final decision.


9264. If the director finds a serial or serials of a registered biologic which do not meet the requirements of Section 9242 or 9243, he may order such serial or serials to be held on the premises where found or elsewhere until he has determined that the products may be safely released for the purposes intended. The director may order the destruction of any products under such a hold order if the products cannot be made to meet the requirements of Section 9242 or 9243.

9264. (a) If the secretary finds blood or blood component products that do not meet the requirements of Section 9242, the secretary may order those blood or blood component products to be held on the premises where found or elsewhere until he or she has determined that the products may be safely released for the purposes intended. (b) The secretary may order the destruction of any blood or blood component products under a hold order if the blood or blood component products cannot be made to meet the requirements of Section 9242.


9266. The department, or humane officers under contract with the department, shall inspect commercial blood banks for animals licensed by the department at least once a year to ensure compliance with the protocols required by subdivision (e) of Section 9221.


9267. Notwithstanding Section 4827 of the Business and Professions Code, for commercial blood banks for animals licensed by the department, anesthesia shall be performed by a California licensed veterinarian or by a registered veterinary technician under the direct supervision of a California licensed veterinarian.


9267. Notwithstanding Section 4827 of the Business and Professions Code, for commercial blood banks for animals licensed by the department, anesthesia shall be performed pursuant to Section 4826 of the Business and Professions Code.

9268. The requirements set forth in subdivision (c) of Section 9212, subdivision (e) of Section 9221, subdivision (c) of Section 9231, and Sections 9265, 9266, and 9267: (a) Shall not apply to those facilities required to be inspected by the United States Department of Agriculture in accordance with the Animal Welfare Act (Chapter 54 (commencing with Section 2131) of Title 7 of the United States Code), or to federal biologics licensees. (b) Shall apply to those facilities housing blood donor animals under contract with commercial blood banks for animals licensed by the department. (c) Shall not apply to private veterinarians who maintain their own, in-office blood donor animals for use in their own practice.


9268. The requirements set forth in subdivision (c) of Section 9212, subdivision (e) of Section 9221, subdivision (c) of Section 9231, and Sections 9266 and 9267: (a) Shall not apply to those facilities required to be inspected by the United States Department of Agriculture in accordance with the Animal Welfare Act (Chapter 54 (commencing with Section 2131) of Title 7 of the United States Code). (b) Shall apply to those facilities housing blood donor animals under contract with commercial blood banks for animals licensed by the department. (c) Shall not apply to private veterinarians who maintain their own, in-office blood donor animals for use in their own practice.


9269. (a) Except as provided in subdivision (b), all records held by the department relating to this chapter, including, but not limited to, records relating to applications, fees, or inspections required by this chapter, shall be confidential and not subject to disclosure under the California Public Records Act contained in Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code. (b) Notwithstanding subdivision (a), records held by the department relating to this chapter shall be accessible to law enforcement officers with jurisdiction over any matter covered by this chapter.


Article 8. Exemptions

Ca Codes (fac:9272) Food And Agricultural Code Section 9272



9272. The provisions of this chapter shall not apply (1) to facilities primarily engaged in the collection, preparation, testing, processing, storage, or distribution of human blood or blood products, provided such facility is licensed pursuant to Section 1601 or 1602 of the Health and Safety Code and any biologic as defined in Section 9203 produced by such facility is sold or distributed only to an establishment licensed by this chapter or (2) to clinical laboratories licensed pursuant to Chapter 3 (commencing with Section 1200) of Division 2 of the Business and Professions Code whose only biologics are autogenous bacterins prepared at the request of licensed veterinarians.


Chapter 2. Scabies And Ticks

Article 1. Treatment

Ca Codes (fac:9301-9307) Food And Agricultural Code Section 9301-9307



9301. When moved for the purpose of immediate slaughter, cattle which are infected with, or exposed to, the Boophilus annulatus tick shall be dipped or treated in the manner which is prescribed by the department, unless they are to be loaded directly on railroad cars at the point of origin.

9302. If upon examination of any cattle or sheep, the director finds any cattle which are infected with the Boophilus annulatus tick, or sheep or cattle which are infected with, or exposed to, scabies, he shall forthwith notify, in writing, the owner or person that is in control of the cattle or sheep to dip or otherwise treat them as directed for the purpose of eradicating the tick or scabies. The owner or person that is in control of the cattle or sheep shall comply with the notice within 10 days.


9303. If, at the expiration of 10 days from the date on which notice was given, the owner or person in control of the cattle or sheep has failed to dip the cattle or sheep in accordance with the directions of the director, the director shall immediately take possession of the cattle or sheep and dip the sheep as many times as may be necessary, or dip or otherwise treat the cattle.


9304. If upon examination at the end of the 10 days the director finds that the cattle have been dipped or otherwise treated for the extermination of ticks but are still infected, he shall instruct the owner or person in possession of the cattle to continue the dipping or treatment as the circumstances may demand, and within such time as the department deems advisable.


9305. If upon examination at any time the department finds that the cattle are again infected with the ticks or that the owner or person in control of the cattle has not continued to properly dip or otherwise treat the cattle as instructed, the director shall take possession of the cattle and dip or otherwise treat them.


9306. If the director has reason to believe that the disease known as scabies exists in a flock of sheep or in a herd of cattle, he shall notify the owner or person that is in control of the sheep or cattle to gather all the sheep or cattle in a corral in order that the sheep or cattle may be examined to ascertain if any are so infected.


9307. If the owner or person that is in control of the sheep or cattle does not gather all of the sheep or cattle in a corral for the examination, the director shall gather the sheep or cattle in a corral for the examination. He may hire such necessary help as may be required to gather the sheep or cattle.


Article 2. Civil Liability

Ca Codes (fac:9331-9333) Food And Agricultural Code Section 9331-9333



9331. All expenses and costs of dipping or treating cattle or sheep and all expenses and costs of gathering sheep or cattle which are incurred by the department pursuant to this chapter are a lien on the cattle or sheep until the lien is paid or foreclosed by law.


9332. If the lien is not paid within 15 days after the expenses and costs were incurred, the department shall, in the name of the people of the State of California, commence an action to foreclose the lien. The action shall be commenced, tried, and determined in all respects as provided by law for the foreclosure of mortgages on personal property.


9333. In any civil proceeding which arises under this chapter, all persons that have an interest in, or control or possession of, the cattle or sheep concerning which the proceeding is had, are liable severally and jointly.


Article 3. Violations

Ca Codes (fac:9351-9352) Food And Agricultural Code Section 9351-9352



9351. It is unlawful for any person to willfully sell, except for immediate slaughter, or expose in such a manner as may infect other livestock not so infected, any cattle which have or are infected with the Boophilus annulatus tick.

9352. It is unlawful for any person to knowingly sell any sheep or cattle which are infected with scabies, or to expose them in such a manner as may infect other sheep or cattle which are not infected with scabies.


Chapter 3. Animal Quarantine

Article 1. Definitions

Ca Codes (fac:9501-9503) Food And Agricultural Code Section 9501-9503



9501. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.


9502. "Animal," "livestock," or "domestic animal," includes poultry.

9503. "Poultry" includes all domesticated fowl and any wild fowl or bird which is reduced to captivity.


Article 2. Inspections

Ca Codes (fac:9531-9532) Food And Agricultural Code Section 9531-9532



9531. If the director receives information of the existence of any contagious, infectious, or transmissible disease which affects domestic animals within this state, he shall thoroughly investigate it. In making such an investigation, he may enter any premises and inspect any animal.


9532. This chapter does not deprive the regular inspectors who are employed by any chartered or incorporated city, or city and county, after they have passed a civil service meat, market, and poultry inspection examination, of the powers which are granted them by such city, or city and county, to inspect animals.


Article 3. Establishment Of Quarantine

Ca Codes (fac:9561-9574) Food And Agricultural Code Section 9561-9574



9561. The State Veterinarian may establish such quarantine, sanitary, and police regulations as may be necessary to prevent, circumscribe, or exterminate, any condition designated pursuant to Section 9562.

9562. (a) Subject to the rights and procedures established pursuant to Chapter 4.5 (commencing with Section 11400) of Division 3 of Title 2 of the Government Code, and in accordance with regulations adopted pursuant to this code, the State Veterinarian shall impose a quarantine if he or she believes, upon any basis reasonably supportable by standard epidemiological practice or credible scientific research, that a population of domestic animals or food product from animals has contracted, or may carry, an illness, infection, pathogen, contagion, toxin, or condition that, without intervention, could transmit an illness that could kill or seriously damage other animals or humans, including, in addition to the original condition, those clinically plausible secondary illnesses, infections, pathogens, contagions, toxins, or conditions arising from the effects of the original. (b) (1) Because the authority conferred by this section is designed to protect the health and safety of the citizens of this state, the authority shall be interpreted broadly to give full effect to the purpose of protecting the public health and safety and shall be construed to include the imposition of quarantines in the circumstances of natural disaster, whether occurring or imminent, or declared emergencies. (2) In furtherance of the objectives of the quarantine, the State Veterinarian may impose restrictions not only on the affected animals themselves and the uses to which those animals may be put, but on products produced from, by, or with those animals in order to minimize the risk or spread of food-borne illness. (3) The State Veterinarian's quarantine powers set forth in this section expressly include the power to order movement, segregation, isolation, or destruction of animals or food products, as well as the power to hold animals or food products in place.


9563. It is unlawful for any person to move or allow to be moved any of the animals, food product from animals, vehicles, farm equipment, farm products, or other materials that are subject to restrictions established pursuant to Section 9562 or 9569 unless that person has first obtained authorization from the State Veterinarian.


9564. If it is necessary to restrict the movements of animals pursuant to Section 9562, the State Veterinarian may fix and proclaim the boundaries of a quarantine area in lieu of separate, individual orders issued to each owner pursuant to Section 9562. While the boundaries are in force, it is unlawful for any person to move or allow to be moved any such animals from or within the boundaries of the quarantine area, unless that person is authorized to do so by the State Veterinarian.


9569. In addition to actions that may be directed by the State Veterinarian pursuant to Section 9562, the State Veterinarian may: (a) Regulate, restrict, or restrain the movements of persons, vehicles, farm equipment, farm and dairy products, and other property from or into the quarantine area, or from place to place within it, during the existence of the quarantine. (b) Impose, as a condition to travel through or within the quarantine area, that no person or vehicle which is permitted to travel on any road or highway shall depart from the road or highway while within the quarantine area. (c) Order all animals within the quarantine area to be detained for purposes of examination or inspection at any place which is specified by him or her in the order. (d) Cause to be destroyed all animals or property which may be found within the area that are affected with the disease, infestation, or condition or which have been so exposed as to be dangerous to themselves or other animals. (e) Require a proper disposal to be made of the hide and carcass of any animal which is destroyed. (f) Adopt and enforce all necessary regulations for cleaning and disinfecting any premises or property where the disease, infestation, or condition exists or has existed by treatment, disposal, or otherwise, and such other regulations as he may deem necessary to eradicate the disease and to prevent its dissemination.


9570. If the State Veterinarian invokes Section 9562, and the importation of animals, animal products, or other property from any state, territory, or foreign country may transmit, carry or disseminate the illness, infection, pathogen, contagion, toxin, or condition designated pursuant to Section 9562, the State Veterinarian shall prescribe the conditions, if any, under which these animals, animal products, or property may be imported into this state.


9573. A quarantine shall not be established by one county or city against another county or city on account of the existence of any disease or condition subject to the authority of the State Veterinarian pursuant to Section 9562 or 9569.

9574. (a) Any person who negligently or intentionally violates any state or federal law or regulation, including any quarantine regulation, by importing any animal or other article, which by virtue of being pest infested or disease infected, causes an infestation or infection of a pest, animal, or disease, or causes an existing infestation to spread beyond any quarantine boundaries is liable civilly in a sum not to exceed twenty-five thousand dollars ($25,000) for each act that constitutes a violation of the law or regulation. (b) The Attorney General, upon request of the State Veterinarian, shall petition the superior court to impose, assess, and recover the sum imposed pursuant to subdivision (a). In determining the amount to be imposed, the court shall take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation and the nature and persistence of the violation. (c) The remedy under this section is in addition to, and does not supersede or limit, any and all other remedies, civil or criminal, that are otherwise available to the state. (d) Any funds recovered pursuant to this section shall be deposited in the Department of Food and Agriculture Fund for emergency pest or disease exclusion, detection, eradication, and research of agricultural plant or animal pests or diseases. These funds may be allocated to cover costs related to the enforcement of this division. These funds are in addition to any funds appropriated for those purposes pursuant to Section 224.


Article 4. Compensable Destruction Of Diseased Animals

Ca Codes (fac:9591-9595) Food And Agricultural Code Section 9591-9595



9591. Except as otherwise provided in Section 9595, if any animal or property is destroyed pursuant to Section 9569, the owner of the animal or property shall be paid an amount of money as provided in Section 9593.

9592. The state may contribute toward the payment for the animal or property destroyed if either of the following occurs: (a) The United States agrees to share equally in the payment. (b) The State Veterinarian finds that the failure to dispose of the animal, animal product, or property would be or would have been detrimental to human or animal health or the welfare of that animal industry.


9593. (a) The value of the animal or property prior to its destruction for which contribution is made pursuant to subdivision (a) of Section 9592 shall be determined by an appraisal process agreed upon by the secretary of the Department of Food and Agriculture and the Secretary of the United States Department of Agriculture. (b) The value of the animal or property prior to its destruction for which contribution is made pursuant to Section 9592 shall be expeditiously determined by the secretary in consultation with the affected industry. (c) Nothing in this provision shall be construed to require appraisal or payment before destruction is carried out.


9594. The department may pay from any money which is available for the support of the department all sums that are due or to become due from the state to owners of animals or property which is taken, destroyed, or otherwise disposed of pursuant to any provision of this code that relates to the control, prevention, or eradication of disease in animals.


9595. Indemnity payments provided by this division shall not be paid for any animal or property which is taken, destroyed, or otherwise disposed of pursuant to any provision of this code that relates to the control, prevention, or eradication of disease, if the owner is in violation of any quarantine order issued pursuant to this division or any regulation adopted pursuant thereto.


Article 5. Noncompensable Destruction Of Diseased Animals

Ca Codes (fac:9621) Food And Agricultural Code Section 9621



9621. Except as otherwise provided in Section 9571, every horse, mule, or other animal which is affected with dourine, as shown by a complement-fixation test, is a public nuisance, and shall be immediately destroyed under the direction and supervision of the department. No indemnity shall be paid for such animal.


Article 6. Importation

Ca Codes (fac:9641.5-9641.7) Food And Agricultural Code Section 9641.5-9641.7



9641.5. Any horse or other Equidae brought into this state shall be accompanied by the following: (a) A certificate of health from the state of origin issued by an accredited veterinarian. The certificate shall state that the horse or other Equidae is free from evidence of any communicable disease. (b) Verification that any horse or Equidae has been tested within the preceding six months and found negative to a test for equine infectious anemia. The test shall be approved by the director and conducted by a laboratory approved by the United States Department of Agriculture, and the necessary sample shall be taken, and the verification signed by, an accredited veterinarian. A nursing foal of less than six months of age when accompanied by a negative dam and any horse or other Equidae consigned for immediate slaughter shall be exempt from the testing requirements of this section. Any horse or other Equidae moved from California to another state for a period of not more than 14 days, are exempt from this section upon returning to California, provided, that the exemption does not apply to any horse or other Equidae that leaves the continental United States.

9641.6. (a) The director may issue a permit, valid on January 1 and renewable on or before January 1 of each year thereafter, that exempts any working horse from the requirements of Section 9641.5 under all of the following conditions: (1) The applicant owns or operates a business or businesses located in both this state and in another state in which horses are used in the operation of the business or businesses. (2) The horse is moved across the state border from one business location to the other. (b) The director may require the applicant to furnish any information that the director determines to be necessary as part of the application process. (c) "Working horse" means a horse used for livestock husbandry or for other ranch-related activities.


9641.7. Any positive test for equine infectious anemia performed in a California laboratory shall be reported by telephone within 24 hours to the department by the laboratory making the test.


Article 7. Interagency Cooperation

Ca Codes (fac:9671-9674) Food And Agricultural Code Section 9671-9674



9671. The director shall meet periodically with the livestock sanitary officials or committees of other states, the duly authorized agricultural representatives of other states and of the United States, or any of them, for the purpose of coordinating livestock sanitary activities within this state and among the several states which have common or similar problems in the field of livestock disease and the prevention, quarantine, eradication, or control of livestock disease.

9672. A county may appropriate and expend money from the general fund of the county to carry on investigation, inspection, control, and eradication of disease in domestic animals. For such purposes it may enter into agreements with the department or with any other county and the department.


9673. An agreement which is entered into pursuant to Section 9672 may do all of the following: (a) Provide that payments from the county treasuries may be made to the department and disbursed only for investigation, inspection, control and eradication of disease in domestic animals within any county which is a party to the agreement. (b) Provide that the department shall have full control and supervision in carrying on the work which is provided for. (c) Be continued for a definite term or until rescinded or terminated. (d) Provide for the method by which it may be rescinded or terminated by any of the parties to the agreement.


9674. An agreement which is entered into pursuant to Section 9672 shall provide for the disposition, division, or distribution of any property which is acquired as the result of the joint exercise of powers, and the return of any surplus moneys, in proportion to the contributions which were made, after the agreement has been completed.


Article 8. Violations

Ca Codes (fac:9691-9702) Food And Agricultural Code Section 9691-9702



9691. It is unlawful for any person to remove or cause to be removed any animal from any district, area, or premises which is quarantined pursuant to this chapter, except upon the conditions which are prescribed in this chapter.

9692. It is unlawful for any person to bring or cause to be brought any animal into a quarantined district, area, or premises, without written permission from the State Veterinarian or an authorized representative.

9693. It is unlawful for any person to move or cause to be moved any animal from place to place within any quarantined district, area, or premises, without written permission from the State Veterinarian or an authorized representative.

9694. It is unlawful for any person to resist the destruction of any animal or property ordered destroyed by the State Veterinarian pursuant to Section 9562.

9695. It is unlawful for any person to hide, secrete, or fail to disclose any animal or property that is suffering from, or that has been exposed or potentially exposed to any disease subject to a current quarantine order or to fail to disclose the whereabouts of that animal or property.


9696. It is unlawful for any person to fail or refuse to dispose of any property destroyed pursuant to Section 9562 or 9569 in the manner prescribed by the State Veterinarian, when directed or required to do so.

9697. It is unlawful for any person to fail or refuse to clean or disinfect any premises in the manner prescribed by the State Veterinarian, when directed to do so by the State Veterinarian pursuant to Section 9562 or 9569.

9698. It is unlawful for any person to violate any quarantine order which regulates, restricts, or restrains the movement of persons, vehicles, farm equipment, farm and dairy products into, from, or from place to place within a quarantined district, area, or premises.


9699. It is unlawful for any person to violate the conditions of any permit which authorizes the permittee to travel upon any road or highway within a quarantined district, area, or premises.


9700. It is unlawful for any person to violate any other provision of this chapter or any regulation or order which is made pursuant to it.

9701. Any violation of any provision of this chapter is an infraction punishable by a fine of not more than one hundred dollars ($100) for the first offense and is a misdemeanor punishable by a fine of not less than one hundred dollars ($100) or more than one thousand dollars ($1,000) or by imprisonment in the county jail for not more than six months, or by both the fine and imprisonment, for a second or subsequent offense committed within three years of a prior conviction under this chapter.


9702. It is unlawful for the operator of any vehicle to fail to stop the vehicle upon demand of a clearly identified animal health quarantine officer when the officer orders the operator to stop for the purpose of determining whether any quarantine which is established pursuant to this chapter is being violated and the officer has reasonable cause to believe that the vehicle is being used in connection with a quarantine violation.


Part 2. Diseased Bovines

Chapter 1. Exceptions

Ca Codes (fac:9801) Food And Agricultural Code Section 9801



9801. This part does not apply to animals which are used in research projects of the University of California.


Chapter 2. Bovine Tuberculosis

Article 1. Definitions

Ca Codes (fac:9901-9914) Food And Agricultural Code Section 9901-9914



9901. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.


9902. "Accredited herd" means a herd of cattle for which the owner holds a valid certificate of accreditation issued to him by the United States Department of Agriculture and the department.


9903. "Approved veterinarian" means a veterinarian who has been granted permission by the department to buy, possess, or use tuberculin.

9904. "Bovine animals" means cattle.


9907. "State TB status" means an area so declared by the United States Department of Agriculture.


9908. "Premises" means any place where cattle have been or are kept.

9909. "Purebred animal" means an animal which is identified in the herd book of a breed record association that is recognized by the United States Department of Agriculture.


9910. "Reactor" or "reacting bovine animal" means any bovine animal that reacts positively to a tuberculosis test or that is determined to be tuberculosis upon examination.


9912. "Tuberculosis test" means the use of an official test for diagnosing tuberculosis in cattle.


9913. "Tuberculosis control area" means an area which is established and delimited as such by proclamation of the department.


9914. "Tuberculosis-exposed cattle" means cattle that have been in contact with, or exposed to, any reactor or tuberculosis infected premises, or any tuberculosis infected material.


Article 2. General Provisions

Ca Codes (fac:9931-9933) Food And Agricultural Code Section 9931-9933



9931. To carry out the provisions of this chapter, the inspectors or agents of the department or the United States Department of Agriculture, may at any time or place, enter upon any premises, except dwelling houses. No person shall obstruct, hamper, or interfere with the agents or inspectors while they are enforcing the provisions of this chapter.


9932. The State Veterinarian may make regulations as are reasonably necessary to carry into effect the provisions of this chapter to prevent bovine tuberculosis from entering and spreading within this state.

9933. The department may enter into any cooperative agreement with the United States Department of Agriculture to undertake tuberculosis control pursuant to this chapter.


Article 3. Sale And Use Of Tuberculosis Tests

Ca Codes (fac:9941-9944) Food And Agricultural Code Section 9941-9944



9941. (a) The State Veterinarian may designate approved veterinarians to buy, possess, or use tuberculosis tests and may suspend or revoke that designation. (b) The State Veterinarian may designate a duly authorized representative of the department or of the United States Department of Agriculture to possess or use tuberculosis tests and may suspend or revoke that designation.

9942. Any sale or disposition of tuberculosis tests within the state shall be reported to the department within five days after the sale or disposition.

9943. (a) It is a misdemeanor punishable by imprisonment in the county jail for not less than 90 days, without alternative of a fine in any case, for any person who is not an approved veterinarian to buy, possess, or use tuberculosis tests. (b) It is a misdemeanor punishable by imprisonment in a county jail for not less than 90 days, without alternative of a fine in any case, for any person who is not a duly authorized representative of the department or of the United States Department of Agriculture to possess or use tuberculosis tests.

9944. It is unlawful for any person to sell or otherwise dispose of any tuberculosis test in the state that has not been produced under license of the Agricultural Research Service of the United States Department of Agriculture.


Article 4. Tuberculosis Tests

Ca Codes (fac:9971-9982) Food And Agricultural Code Section 9971-9982



9971. Any approved veterinarian or duly authorized representative of the department or of the United States Department of Agriculture may ear tag or otherwise identify any bovine animal to establish the identity of the animal, while applying a tuberculosis test to it.


9972. The result of every tuberculosis test shall be reported to the State Veterinarian by the veterinarian who conducted the test within 48 hours after the completion of the test.


9973. Every reactor, immediately upon the determination of such reaction, shall be identified, pursuant to regulations of the department and the United States Department of Agriculture, by its owner or the owner's agent under the supervision of the approved veterinarian who conducts the tuberculosis test.


9974. If the State Veterinarian has reason to suspect an irregularity in the application of a tuberculosis test or the identification of reactors, the State Veterinarian may enter any premises for the purpose of examining any bovine animals in or on the premises to determine if there has been any abuse or misuse of tuberculosis, or any faulty, unskillful, or irregular technique or procedure in the application of the tuberculosis test, identification of reactors, or identification of animals tested for tuberculosis.


9975. It is unlawful for any person to do any of the following: (a) Obstruct, attack, or interfere with, or permit to be obstructed, attacked, or interfered with, the State Veterinarian or an approved veterinarian who is conducting a tuberculosis test. (b) Neglect or fail to properly secure and restrain any bovine animal to be tuberculosis tested, or under tuberculosis test, for examination, injection, observation, or other procedures that pertain to a tuberculosis test.


9976. It is a misdemeanor which is punishable by imprisonment in the county jail for not less than 90 days, without the alternative of a fine in any case, for any person to defeat or interfere with or to attempt to defeat or interfere with a tuberculosis test.


9977. It is a misdemeanor which is punishable by imprisonment in the county jail for not less than 90 days, without the alternative of a fine in any case, for any person to obstruct, defeat, or interfere with or to attempt to obstruct, defeat, or interfere with a tuberculosis test by transporting from a premises or by hiding away or sequestering any bovine animal from or by bringing substitute bovine animals onto, such premises after receipt of a notification by the owner or person in charge of such animals on the premises from the department or from an approved veterinarian who is conducting tuberculosis tests, stating that the animals or herd on such premises will be tuberculosis tested on or before a certain date or will be under tuberculosis test for a stated period and that the animals or herd shall be held on the stated premises for a specified period.


9978. Permission in writing may be obtained from the department or the approved veterinarian who is conducting the tuberculosis tests to allow any necessary movement of the animals required to be held pursuant to Section 9977. Upon the completion of the tuberculosis test that is referred to in the notification, the department or the approved veterinarian shall issue a written release from the holding requirements of the notice.


9979. It is unlawful for any person to apply a tuberculosis test to any bovine animal that has at any time been found by an approved veterinarian to be a reactor.


9980. It is unlawful for any person to knowingly apply tuberculosis tests that are not approved tests.


9981. It is unlawful for any person to have any tuberculosis infected or exposed bovine animal at any livestock fair or show.


9982. It is unlawful for any person to knowingly sell, after notification of its condition from the department, any bovine animal that has tuberculosis as shown by a positive reaction to the tuberculosis test, physical examination, or any other method which is recognized by the department, unless the person has first obtained a permit in writing from the department.


Article 5. Tuberculosis Control Areas

Ca Codes (fac:10001-10007) Food And Agricultural Code Section 10001-10007



10001. The department may establish and maintain tuberculosis control areas within this state.


10003. When the department establishes a tuberculosis control area, the affected industry shall be notified.


10004. The State Veterinarian may authorize the testing of any cattle in a tuberculosis control area to determine which animals are affected with tuberculosis.


10006. All owners of cattle within a tuberculosis control area that are subject to examination and tuberculosis testing shall, upon request of the department, provide necessary facilities for conducting tuberculosis tests, and render such assistance as may be required.


10007. Cattle moving into a tuberculosis control area must meet the requirements specified by the State Veterinarian.


Article 7. Slaughter Of Reacting Bovine Animals

Ca Codes (fac:10061-10071) Food And Agricultural Code Section 10061-10071



10061. The State Veterinarian may impose a quarantine pursuant to Section 9562 when any bovine animal reacts positively to a tuberculosis test conducted by an approved veterinarian or a duly authorized representative of the department or of the United States Department of Agriculture, or determined to be tuberculous upon physical examination.


10062. The value of the reacting bovine animal for which indemnity is paid shall be determined in accordance with the provisions in Sections 9592 and 9593.

10063. Within 30 days after the appraisal of the reacting bovine animal, it shall be slaughtered under the supervision of the State Veterinarian.

10064. Animals shall be tested or slaughtered pursuant to this article even if indemnity funds are unavailable.


10065. The slaughtering of any reacting bovine animal, pursuant to this article, shall be under the supervision of the department, or of the United States Department of Agriculture.


10066. The carcasses of the slaughtered animals shall be disposed of pursuant to the regulations of the department or the rules and regulations of the United States Department of Agriculture that govern meat inspection.

10067. If an animal is slaughtered pursuant to this article, and indemnity funds are available, the owner may receive part or all of the following: (a) The proceeds of the sale of the salvage of the animal. (b) From the United States Department of Agriculture, any sum that is authorized to be paid to the owner from any appropriation that is made by the United States Department of Agriculture to assist in the eradication of tuberculosis in cattle in this state.


10068. Indemnity provided by this article shall not be paid to any person in any of the following cases: (a) For any bovine animal that is brought into a tuberculosis control area that reacts to a tuberculosis test that is applied within 90 days after arrival of the animal in the area, as provided for in this chapter. (b) For any bovine animal that is brought into a tuberculosis control area in violation of any law, any regulation of the department, or any rule or regulation of the United States Department of Agriculture. (c) For any reacting bovine animal, until the premises, where the animal had been kept, have been cleaned and disinfected by the owner in a manner that is approved by an agent of the department or of the United States Department of Agriculture. (d) For any reacting bovine animal that is not slaughtered within 30 days after the animal is appraised. (e) For any animal that is owned by a federal, state, or local government entity. (f) If the person has violated any provision of this chapter that relates to a tuberculosis control area or any regulation that is made by the department that relates to such an area.


10069. A subsequent payment of indemnity shall not be made to any person in any of the following cases: (a) Unless the provisions of this chapter have been fully complied with for each and every bovine animal added to his herd. (b) Unless and until the premises are maintained in a sanitary condition which is satisfactory to the department or the United States Department of Agriculture.

10070. The pedigree of any purebred bovine animal shall be proved by a certificate of registry from the herd books where the animal is registered. The registration papers of any purebred bovine animal which is slaughtered because of tuberculosis and for which indemnity is paid shall be marked "canceled" by the department.


10071. Each claim against the state for payment for the slaughter of any reacting bovine shall be presented to the State Controller and paid out of appropriations or funds available for that purpose in accordance with law. Every claim shall be paid within 60 days after the date of presentation if the claimant is entitled to payment.


Article 9. Tuberculosis-exposed Cattle

Ca Codes (fac:10100-10103) Food And Agricultural Code Section 10100-10103



10100. The State Veterinarian may impose a quarantine pursuant to Section 9562 when it has been determined that any bovine animal has been exposed to tuberculosis.


10101. The State Veterinarian may impose tuberculosis testing requirements for tuberculosis-exposed cattle.


10102. Indemnity for reacting tuberculosis-exposed cattle may be available and shall be in accordance with the provision stated in Article 7 (commencing with Section 10061) of this chapter.


10103. The State Veterinarian may issue a special permit for the movement of tuberculosis-exposed cattle to any of the following: (a) An establishment that is operating under state, state approved, or federal meat inspection, or a public stockyards designated by the department to handle reactors and tuberculosis-exposed cattle for slaughter. (b) Premises where tuberculosis-exposed cattle are kept. (c) Premises where no spread of tuberculosis to other cattle could occur.


Article 11. Confinement Of Cattle Subject To Examination

Ca Codes (fac:10151-10152) Food And Agricultural Code Section 10151-10152



10151. If the owner or any person that is in charge of cattle, after 10 days' written notice, refuses properly to confine in corrals or stanchions any cattle that are subject to examination, tuberculosis testing, identification, or slaughter, the department shall be entitled to reimbursement from the owner for necessary costs incurred to properly examine, tuberculosis test, identify, or slaughter the cattle.


10152. Any expense which is incurred by the department pursuant to Section 10151 is a lien upon the cattle. Unless the amount of the lien is paid within 10 days after written notice of the amount of the lien is given by the department to the owner or person that is in possession of the cattle, the lien shall be enforced pursuant to Section 3052 of the Civil Code.


Chapter 3. Bovine Brucellosis

Article 1. Definitions

Ca Codes (fac:10301-10311) Food And Agricultural Code Section 10301-10311



10301. Unless the context otherwise requires, the definitions in this article govern the construction of this division.


10302. "Accredited veterinarian" means a veterinarian who is so designated by the United States Department of Agriculture and the department.

10303. "Bovine animals" means neat cattle.


10304. "Brucellosis" means the disease of cattle which is caused by Brucella microorganisms.


10305. "Brucellosis control area," means any area that has been so established by the department in order to qualify and maintain such area in accordance with certification standards of the bovine brucellosis eradication uniform methods and rules adopted by the United States Department of Agriculture.


10306. "Cattle" means neat cattle.


10307. "Official veterinarian" means a veterinarian who is in the employ of the United States Department of Agriculture or the department.

10308. "Premises" means any place where cattle have been or are kept.

10309. "Reactor" or "reacting bovine animal" means any bovine animal that reacts positively to a test for brucellosis which is approved by the director.

10310. "Vaccinate" or "vaccination" means the use of vaccine in cattle.

10311. "Vaccine" means any vaccine which is produced by a laboratory which is licensed by the Agricultural Research Service of the United States Department of Agriculture and recognized by the department for use in preventing or treating brucellosis in cattle.


Article 2. General Provisions

Ca Codes (fac:10321-10327) Food And Agricultural Code Section 10321-10327



10321. The department may enter into any cooperative arrangement with the United States Department of Agriculture to undertake brucellosis control pursuant to this chapter.


10322. To carry out the provisions of this chapter, any duly authorized representative of the department or of the United States Department of Agriculture, may enter upon any premises except dwelling houses. No person shall interfere with the representative while he is enforcing the provisions of this chapter.


10323. The department may use the services of official veterinarians or contract with accredited veterinarians to carry out the provisions of this chapter.

10324. The director may make such regulations as are reasonably necessary to carry this chapter into effect. He may require such reports and records as are necessary.


10325. Every accredited veterinarian who is conducting work pursuant to this chapter shall submit reports to the department on forms that are furnished for that purpose.


10326. In addition to any other authority in this part that is available to the director for the purpose of preventing the spread of any disease of livestock, the director may adopt regulations to prevent the spread within this state of bovine brucellosis through limitations on movement of bovine animals or through such tests or vaccinations or other means as he may find and determine to be necessary. If he finds and determines that similar regulations are necessary interstate, he shall notify the Governor in order that the procedure which is set forth in Section 9570 may be followed.


10327. To accomplish the purpose of this chapter and to prevent outbreaks of brucellosis, the director shall by regulation establish conditions for the movement of female dairy cattle, such as evidence of calfhood vaccination or other appropriate recognized tests.


Article 3. Vaccines

Ca Codes (fac:10341-10342) Food And Agricultural Code Section 10341-10342



10341. Any vaccine which is used pursuant to this chapter shall be procured by the department from a laboratory which is licensed by the Agricultural Research Service of the United States Department of Agriculture. The vaccine, after purchase directly from the laboratory, shall be distributed by the department.


10342. It is unlawful for any person, except a federal, state, county, or municipal officer or employee, in his official capacity, or an accredited veterinarian, to buy, possess or use a vaccine or antigen which contains brucella micro-organisms, except pursuant to the regulations of the director.


Article 4. Vaccinations

Ca Codes (fac:10351-10359) Food And Agricultural Code Section 10351-10359



10351. All female dairy calves shall be vaccinated by an official veterinarian or an accredited veterinarian, who is authorized by the department, at such ages as are designated by the department. Male dairy calves and beef calves may, at the option of the owner, be vaccinated.


10352. Each calf which is vaccinated pursuant to this chapter shall have an official tattoo placed in the right ear by the veterinarian who performs the service that shows the period within which the animal was vaccinated, or such other evidence of vaccination or identification as the department may by regulation specify.


10353. The owner of any calf which is to be vaccinated pursuant to this chapter shall, upon request of the department, provide the necessary facilities and assistance for such vaccination.


10354. If the owner or any person that is in charge of any dairy calf, after 10 days' written notice by the department, refuses properly to confine in a corral or stanchions, any calf which is required to be vaccinated and identified pursuant to this chapter, the department may in such case incur such expense as is necessary to properly vaccinate and identify the calf.


10355. Any expense which is incurred by the department pursuant to Section 10354 is a lien upon the calf which is vaccinated and identified. Unless the amount of the lien is paid within 10 days after written notice of the amount of the lien is given by the department to the owner or person that is in possession of the calf, the lien shall be enforced pursuant to Section 3052 of the Civil Code.

10356. The vaccination of any bovine animal pursuant to the provisions of this chapter shall be by either an official veterinarian or an accredited veterinarian, who is authorized by the department. The director may charge a reasonable fee to cover the cost of any vaccination performed by an official veterinarian other than the cost of the vaccine.


10357. It is unlawful for any person to refuse to submit a dairy calf which is required to be vaccinated and identified pursuant to this chapter to such vaccination.


10358. It is unlawful for any person to remove any official mark which is required by this chapter, or to imitate or simulate such official mark.

10359. It is unlawful for any person, except a federal, state, county, or municipal officer or employee, in his official capacity, or an accredited veterinarian, to buy, possess, or use any device which is designed to produce a mark, stamp, or tattoo that simulates in design the official tattoo, tag, or mark that is adopted by the department and the United States Department of Agriculture for identifying cattle which are officially vaccinated against brucellosis.


Article 5. Brucellosis Control Areas

Ca Codes (fac:10381-10387) Food And Agricultural Code Section 10381-10387



10381. The department may, after hearing, establish and maintain brucellosis control areas within this state.


10382. The department shall examine and test such cattle for brucellosis in any brucellosis control area as the director may specify, as often as may be deemed necessary to qualify and maintain such area within the standards of certification which are adopted by the United States Department of Agriculture.


10383. All owners of cattle which are subject to examination and testing for brucellosis within a brucellosis control area shall, upon request of the department, provide the necessary facilities for collecting such samples of blood or milk as may be deemed necessary to conduct tests for brucellosis, and shall render such assistance as may be required.


10384. If any owner or person that is in charge of cattle, after 10 days' written notice by the department, refuses properly to confine in corrals, stanchions, or chutes, any cattle within a brucellosis control area which are required to be tested and identified pursuant to this chapter, the owner is guilty of a misdemeanor and the department may in such case incur such expense as is necessary to properly confine and identify the cattle.


10385. Any expense which is incurred by the department pursuant to Section 10384 is a lien upon the cattle which are tested and identified. Unless the amount of the lien is paid within 10 days after written notice of the amount of the lien has been given by the department to the owner or person that is in possession of the cattle, the lien shall be enforced pursuant to Section 3052 of the Civil Code.


10386. The director shall, by regulation, designate the conditions under which cattle may be moved into a brucellosis control area.


10387. It is unlawful for any person to refuse to submit any cattle which are required to be tested pursuant to this chapter, for the collection of milk or blood samples, or to refuse to submit any milk samples which are necessary for the testing of cattle for brucellosis pursuant to this chapter.


Article 6. Slaughter Of Reacting Bovine Animals

Ca Codes (fac:10401-10407) Food And Agricultural Code Section 10401-10407



10401. Any bovine animal in a brucellosis control area that reacts positively to a test for brucellosis shall immediately be identified pursuant to the regulations of the secretary. The animal shall be slaughtered within 30 days in accordance with the regulations of the secretary.

10402. The value of an animal which is slaughtered shall be determined by appraisement by a representative of the department or a representative of the Agricultural Research Service of the United States Department of Agriculture, and by the owner or his agent. If such persons do not agree on the valuation of the animal, the animal shall be appraised by the chief appraiser of the department or his representative. In either event, the value which is determined is final.

10403. Within 30 days after the appraisal of the animal, it shall be slaughtered under the supervision of the director.


10404. Where it is necessary to prevent the spread within this state of bovine brucellosis, the director may provide for the slaughter of animals.

10405. Except as otherwise provided in this article, if an animal in a brucellosis control area is slaughtered pursuant to this article, or under regulations of the director which are made pursuant to this article, the owner shall receive all of the following: (a) The proceeds of the sale of the salvage of the animal. (b) From the state, one-half of the difference between the appraised value and the sum of the proceeds of the sale of the salvage and indemnity provided by the United States, but in no instance to exceed three hundred dollars ($300) for any animal. (c) From the United States, any sum which is authorized to be paid to him from any appropriation made by the United States to assist in the eradication of brucellosis.


10406. Indemnity shall not be paid to any person in any of the following cases: (a) For any steer or grade bull that is determined to be a reactor. (b) For any bovine animal that is brought into a brucellosis control area, that reacts to a brucellosis test which is applied within 90 days after the arrival of the animal in the area as provided for in this chapter. (c) For any bovine animal that is brought into a brucellosis control area, in violation of any law, any regulation of the department, or any rule or regulation of the United States Department of Agriculture. (d) For any reacting bovine animal, until the premises, where the animal had been kept, have been cleaned and disinfected by the owner in a manner approved by an agent of the department or of the United States Department of Agriculture. (e) For any reacting bovine animal that is not slaughtered within 30 days after the animal was appraised. (f) For any animal that is owned by the United States, this state, or any county or city in the state. (g) For any bovine animal that was vaccinated for brucellosis after reaching 12 months of age. However, indemnity shall be provided for any bovine animal that was vaccinated after reaching 12 months of age and that was part of an official whole herd adult vaccination plan approved by the secretary. "Official whole herd adult vaccination plan" means a plan, approved by the secretary, whereby all female cattle exceeding 12 months of age are vaccinated against brucellosis using an approved vaccine as defined in Section 10311 and are identified as required by the department. (h) For any bovine animal in a herd that has been under an order to hold, issued pursuant to Section 9565, for more than 18 consecutive months, except as provided by subdivision (i). (i) For any officially adult vaccinated bovine animal in a herd that has been under an order to hold, issued pursuant to Section 9565, for more than 22 consecutive months. (j) If the person has violated any provision of this chapter that relates to a brucellosis control area, or any regulation that is adopted by the department that relates to such an area.


10406.5. (a) The owner of a herd that is subject to subdivision (h) or (i) of Section 10406 may appeal to the director in writing, on a form as prescribed by the director, for continuation of indemnity payments. (b) Upon a determination that the herd owner was in full compliance with the laws and regulations, the director, notwithstanding Section 10406, may grant a continuation of indemnity payments to the herd owner for a period of time deemed appropriate by the director.


10407. A subsequent payment of indemnity shall not be made to any person in any of the following cases: (a) Unless the provisions of this chapter have been fully complied with for each and every bovine animal that is added to his herd. (b) Unless and until the premises are maintained in a sanitary condition, which is satisfactory to the department or the United States Department of Agriculture.


Article 7. Slaughter Of Exposed Nonreacting Animals

Ca Codes (fac:10421-10423) Food And Agricultural Code Section 10421-10423



10421. Notwithstanding any other provision of this chapter, the secretary may proceed with the identification of nonreacting animals in a herd in the same manner as provided in Section 10401 and require the slaughter of those animals and the disinfection of the premises where the animals have been kept if all of the following requirements are satisfied: (a) The secretary determines that bovine brucellosis cannot be eradicated or effectively controlled in the particular herd by the usual recognized methods. (b) The secretary determines that slaughter of the remaining exposed nonreacting animals in the herd is the best and most practical method of attaining eradication or control. (c) The secretary has entered into a voluntary agreement with the owner of the nonreacting animals to carry out the purposes and conditions of this chapter. (d) Funds are available to indemnify the owner of the nonreacting animals.

10422. The indemnity which is paid to the owner of any nonreacting animal which is slaughtered pursuant to this article shall be the difference between the appraised value of the animal as determined by appraisement by a representative of the department, or a representative of the United States Department of Agriculture, and by the owner or his agent, and the proceeds of the sale of the salvage. The indemnity shall not, however, exceed four hundred dollars ($400) for any grade animal, or five hundred dollars ($500) for any purebred animal less any sum which is authorized to be paid to the owner for indemnity purposes from any appropriation made by the United States to assist in the eradication of brucellosis in cattle in this state. In case of failure to agree on the valuation, the animal shall be appraised by the chief appraiser of the department or his representative. In either event, the value determined shall be final.

10423. Indemnity provided by this article shall not be paid in any of the following cases: (a) For any bovine animal which reacts to the brucellosis test or shows active brucellosis prior to or at slaughter. In this case, the indemnity rate which is provided in Section 10405 shall apply. (b) For any bovine animal, unless all exposed cattle, swine, goats, sheep, and horses on the premises are slaughtered. (c) For any bovine animal, until the premises where the animal has been kept have been cleaned and disinfected by the owner in a manner which is approved by an agent of the department or of the United States Department of Agriculture. (d) For any steer or grade bull. (e) For any animal which is owned by the United States, this state, or any county or city in the state. (f) If the owner is in violation of any provision of this chapter or any regulation which is made by the department that relates to bovine brucellosis. (g) For any animal which is not slaughtered within 30 days after such animal is appraised. (h) For any bovine animal which originated in another state or country that has not been in this state for at least 90 days.


Article 8. Brucellosis Eradication Compensation Costs

Ca Codes (fac:10492-10496) Food And Agricultural Code Section 10492-10496



10492. If an owner of cattle refuses to slaughter exposed, nonreacting bovine animals pursuant to the provisions of Article 7 (commencing with Section 10421) when requested by the director to do so, the cattle owner shall then be responsible for paying to the director the full costs of the department in eradicating brucellosis from his herd. Such responsibility shall begin with the refusal to slaughter exposed, nonreacting animals and shall continue until brucellosis is eradicated from the herd.


10493. The following procedures shall be followed when brucellosis has been identified in a herd of cattle: (a) An official veterinarian shall conduct an epidemiological investigation of the infected herd and premises involved in order to determine the specific methods and actions necessary to eradicate the disease from the herd. (b) Upon request of the owner of the infected herd, the investigation provided for in subdivision (a) shall be conducted with the assistance and participation of a licensed veterinarian selected by such owner. (c) An official epidemiological report shall be prepared which shall specify the methods and actions necessary to eradicate the disease, and shall include reasonable guidelines for timing the accomplishment of the various tasks associated with such activity. (d) Any person who is aggrieved at any determination made pursuant to this section may appeal in writing to the director within five days after notice of such determination. The director may affirm, reverse or modify such determination after his review of the epidemiological report and the issues involved. (e) The epidemiological report required by subdivision (c) shall become the basis for a memorandum of understanding which shall be developed between the owner of the infected herd and the department covering the following points: (1) Herd management practices that will be employed to facilitate the disease eradication effort. (2) Any physical facilities modification that will be required in the eradication effort. (3) Specific dates for accomplishing the various tasks required in the eradication effort. This memorandum of understanding may be developed with the participation of a licensed veterinarian if such veterinarian participated in the epidemiological investigation pursuant to subdivision (b).


10494. If an owner of brucellosis infected or exposed cattle refuses to participate in the development and signing of the memorandum of understanding required by subdivision (e) of Section 10493, or fails or refuses to comply with the provisions of such memorandum, the cattle owner shall immediately become responsible for paying to the director all further costs incurred by the department in eradicating the disease from the herd of cattle owned by such person.

10495. If an owner of a brucellosis infected herd violates any law or regulation pertaining to brucellosis eradication, the cattle owner shall immediately become responsible for paying to the director all further costs incurred by the department in eradicating the disease from the herd of cattle owned by such person.


10496. (a) An owner who fails to achieve eradication of brucellosis in his or her herd is responsible for the costs of maintaining the required testing schedule after 24 months from the date of an order to hold issued by the director pursuant to Section 9565. Evidence of eradication shall consist of a release from a hold issued by the director pursuant to Section 9567. (b) If the director requires an infected herd to be officially adult vaccinated to control the spread of the disease, the time interval provided in subdivision (a) shall be extended from 24 to 28 months. (c) Notwithstanding subdivisions (a) and (b), the owner of a herd which, on the effective date of this section, is under an order to hold, issued by the director prior to that effective date, shall be subject to this section 24 months from that effective date or 28 months from that effective date for officially adult vaccinated herds. (d) This section shall not apply to the owner of a herd that has been granted a continuation of indemnity payments as provided by Section 10406.5.


Article 9. Movement Of Animals

Ca Codes (fac:10511-10512) Food And Agricultural Code Section 10511-10512



10511. "Beef breeds" means breeds of cattle that are grown for meat production purposes, as determined by the secretary.


10512. Female cattle of the beef breeds, which are over 12 months of age, and sold within the state, shall bear evidence of official calfhood brucellosis vaccination by the presence of an official tattoo visible in the right ear, or by any other evidence of vaccination or identification as the department may, by regulation, specify. Official calfhood brucellosis vaccination shall not be required for change of ownership in the following cases: (a) Spayed heifers identified as the department may specify. (b) Female cattle of the beef breeds moving directly to a slaughter establishment. (c) Unvaccinated female cattle of the beef breeds sold to slaughter through approved saleyards. (d) Unvaccinated female cattle of the beef breeds moving to approved feedlots for a period of time before going to slaughter. These animals shall be moved directly to a slaughter establishment from the approved feedlot.


Chapter 4. Cattle Disease Control

Ca Codes (fac:10610) Food And Agricultural Code Section 10610



10610. (a) The Secretary of the Department of Food and Agriculture may adopt regulations to control or eradicate cattle diseases, including bovine trichomoniasis, in any of the following ways: (1) Requiring permits before entry of, and limitations on the importation of, cattle and other animals or materials that might act as a cause or a vector of a disease or condition that is infectious or contagious to cattle. (2) Limitations on the intrastate or interstate movement of cattle, in compliance with any applicable federal law. (3) Diagnostic tests, vaccinations, treatments, or other appropriate methods, including, but not limited to, the mandated reporting by designated parties of diseases or suspected diseases. (4) Notification of owners of cattle that have been exposed, or may have been exposed, to infectious animals or materials. (5) Similar means that the secretary finds and determines are necessary. (b) (1) The secretary shall appoint an advisory task force, including, but not limited to, livestock industry representatives and university researchers, for the purposes of advising the secretary on the control and management of cattle health diseases and evaluating the effectiveness of programs established pursuant to this chapter. The secretary shall consult with the advisory task force prior to the adoption of regulations or the imposition of fees by the secretary. (2) Members of the advisory task force, or alternate members when acting as members, may be reimbursed, upon request, for necessary expenses incurred by them in the performance of their duties. (c) (1) Any person that willfully and knowingly violates any regulation adopted pursuant to this chapter is guilty of a misdemeanor. (2) The secretary may, at his or her discretion, prosecute civilly or seek civil penalties, pursuant to Sections 9166 and 9167. (d) The secretary may impose fees to offset the costs of any program established pursuant to this section, provided that the total fees collected do not exceed the actual costs of regulation or impair the department's responsibilities pursuant to this chapter. (e) The secretary is authorized to establish accounts within the Food and Agriculture Fund as necessary to efficiently administer the department's responsibilities pursuant to this chapter. (f) Nothing in this chapter shall be construed to limit or restrict the authority granted to the State Veterinarian in Section 9562.


Part 3. Diseased Swine

Chapter 1. Importation And Sale

Article 1. Definitions

Ca Codes (fac:10701-10704) Food And Agricultural Code Section 10701-10704



10701. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.


10702. "Health certificate" means a health certificate from either a veterinary inspector of the United States Department of Agriculture, the state veterinarian or livestock sanitation official of the state of origin, or of a licensed veterinarian approved by the state veterinarian or livestock sanitation official.


10703. "Sales yard" includes any livestock yard, pen, corral, building, premises, or conveyance in which swine are assembled for sale, resale, exchange, or transfer by any owner or his agent. It does not, however, include any ranch premises where swine are assembled for sale, resale, exchange, or transfer by any owner or his agent in ordinary ranch-to-ranch transactions, or where swine are fed and fitted for slaughtering purposes only.


10704. "Premises" is the farm of origin where swine were born and raised or where they have resided for a minimum of 90 continuous days immediately preceding shipment.


Article 2. Importation

Ca Codes (fac:10721-10726) Food And Agricultural Code Section 10721-10726



10721. (a) It is unlawful for any person to import any swine into this state except for immediate slaughter, unless the person procures a health certificate and import permit from the department prior to the shipment or movement of the swine. (b) It is unlawful for any person to import any swine into this state for immediate slaughter unless the person procures an import permit from the department prior to the shipment or movement of the swine. (c) Any person requesting an import permit shall identify the premises of the swine prior to the shipment of the swine into the state.


10722. The health certificate shall certify that the swine to which it refers satisfy all of the following requirements: (a) Have not been exposesd to any communicable disease. (b) Are free from evidence of any communicable disease. The director, when he determines it to be necessary for the enforcement of this chapter, may, by regulation, require the certificate to certify that the swine have been immunized against hog cholera by a method of immunization which is designated by regulations of the director as an effective method of immunization and by the United States Department of Agriculture.


10723. The health certificate shall also show all of the following: (a) The date of immunization if immunization is required. (b) The predominating breed of the swine. (c) Approximate weight of the swine. (d) Color of the swine. (e) Markings of the swine.


10724. The original of the health certificate shall be attached to the way bill or shall be in the possession of the truck driver. A duplicate copy shall be sent to the Chief of the Division of Animal Industry of the department, at Sacramento, in time to reach him prior to the arrival of the swine within the state. A duplicate copy shall also be sent to the state veterinarian or livestock sanitary offical of the state of origin.


10725. Swine that are imported into this state for purposes other than for immediate slaughter shall be transported in crates, cars, trucks, or other vehicles that have been cleaned and disinfected in conformity with the standards that are prescribed by the Agricultural Research Service of the United States Department of Agriculture.


10726. Swine that are imported into this state for immediate slaughter shall have as their destination a recognized slaughtering establishment. They shall not be diverted for any other purposes.


Article 3. Sales Yards

Ca Codes (fac:10751-10753) Food And Agricultural Code Section 10751-10753



10751. Any person that operates a sales yard shall keep records of all swine which pass through the sales yard, including the name and address of every person who offers swine for sale and the name and address of every purchaser of swine from the yard.


10752. The sales yard records shall show definite information relative to description of animals, such as breed, weight, color, and marks. The records shall be kept on file for one year, during which time they shall be at the disposal of the director for inspection.


10753. It is unlawful for any person to knowingly bring into, or cause to be brought into, any sales yard any swine that have been, within 21 days, treated with hog cholera virus, or which are affected with, or have been exposed to hog cholera, anthrax, swine erysipelas, vesicular exanthema, foot-and-mouth disease, or any other infectious disease.


Article 4. Swine Disease Control

Ca Codes (fac:10781-10786) Food And Agricultural Code Section 10781-10786



10781. The director may adopt regulations to control or eradicate hog cholera, swine brucellosis, pseudorabies, and other swine diseases in any of the following ways: (a) Through limitations on the movement of swine. (b) Through the use of hog cholera vaccine, or other biologics. (c) Through tests or vaccinations. (d) Any other similar means that he or she finds and determines is necessary.


10782. The department, after notice and hearing, may revoke a license granted by the department to a person conducting business as a packer, stockyard, dealer, agent, or any individual that receives, transports or deals with the marketing of swine or swine products that violates this chapter or a regulation adopted pursuant to this chapter.


10783. A previous violation of any provision of this chapter, or a regulation adopted pursuant to this chapter, is sufficient cause for the revocation of a license under Section 10782. Proof of a previous violation of this code, or a regulation adopted pursuant to this article, shall be considered an aggravating factor for a current offense.


10784. Any proceeding for the denial or revocation of a license pursuant to Section 10782 shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The department shall have all of the powers that are granted in that Chapter 5.


10785. If the secretary finds and determines that similar regulations are necessary to control the diseases described in Section 10781 while hogs or swine are in interstate movement, the secretary shall notify the Governor so that the Governor may act pursuant to Section 9570.


10786. (a) (1) Whenever a person violates any regulation that is adopted pursuant to this article, the department may impose an administrative penalty not to exceed one hundred dollars ($100) per individual animal for each violation. (2) If the department issues an administrative penalty pursuant to paragraph (1), the department shall issue a Notice of Violation to the alleged offender or the offender's agent. The notice shall be written in plain English and shall inform the offender as to how the offender may challenge the administrative penalty. (b) (1) A willful and knowing violation of any regulation that is adopted pursuant to this article is a crime, punishable as (A) an infraction by a fine of not more than one hundred dollars ($100) per individual animal for each violation, (B) a misdemeanor, or (C) a felony. (2) Notwithstanding any other provision of law, the imposition of an administrative penalty pursuant to subdivision (a) shall not preclude prosecution of a person pursuant to paragraph (1).


Chapter 2. Garbage Control

Article 1. Definitions

Ca Codes (fac:10901) Food And Agricultural Code Section 10901



10901. As used in this chapter, "garbage" means any waste which consists in whole or in part of any animal waste that results from the handling, preparing, cooking, and consuming of food, including the offal from any animal carcass or from any part of an animal carcass. It does not, however, include such waste from ordinary household operations which is fed directly to swine on the premises.


Article 2. General Provisions

Ca Codes (fac:10921-10923) Food And Agricultural Code Section 10921-10923



10921. The director may make and enforce such regulations as are reasonable and necessary to carry out the provisions of this chapter.


10922. The director may enter any premises where garbage is fed to swine and may examine and test any equipment or facilities for processing and handling garbage. He may in writing order any person that is subject to this chapter to cease the operation of any equipment or facility which he finds is unsuitable or improperly operated or maintained.


10923. Every person that is subject to this chapter shall keep and maintain such records or memoranda and furnish such reports as the director by regulations may require. The records and memoranda shall be open to inspection by the director during usual business hours.


Article 3. Processing

Ca Codes (fac:10951-10952) Food And Agricultural Code Section 10951-10952



10951. In order to prevent the spread of vesicular exanthema and other contagious and infectious diseases of swine, it is unlawful for any person to feed swine any garbage unless the garbage has been processed in accordance with the provisions of this article and the regulations which are adopted by the director pursuant to it.


10952. All garbage, regardless of previous processing, before being fed to swine, shall be thoroughly heated throughout to boiling or equivalent temperature (usually 212 degrees Fahrenheit at sea level) for 30 minutes, or otherwise treated in a manner which is prescribed in the regulations of the director.


Article 4. Licensing

Ca Codes (fac:10981-10990) Food And Agricultural Code Section 10981-10990



10981. It is unlawful for any person to feed garbage to swine unless he has a valid annual license issued by the director for each separate premises where garbage is fed to swine.


10982. An application for a license to feed garbage to swine shall be in the form which is prescribed by the director, and shall state all of the following: (a) The name and address of the applicant. (b) The location of the premises for which the license is requested. (c) Such other information which the director may require.


10983. Each application for a license shall be accompanied by a fee of twenty dollars ($20).


10984. An application for renewal of a license, accompanied by the proper fee, shall be made on or before the last day of the calendar year for which the current license was issued.


10985. To any fee which is not paid when due, there shall be added a penalty of twenty dollars ($20).


10986. Each license issued pursuant to this chapter entitles the licensee to feed garbage to swine on the premises that are described in the license, during the period for which the license is issued, in accordance with the provisions of this chapter and the regulations issued under it and in compliance with any local or municipal ordinances which are applicable to the feeding of garbage to swine.


10987. The director may refuse to issue a license or renewal of license, and may revoke or suspend any license, as the case may require, if he finds after hearing, that any of the following exist: (a) The premises which are described in the application or license are not operated in a clean and sanitary manner so as to prevent the continuation and spread of vesicular exanthema. (b) The premises which are described in the application or license are not adequately equipped or maintained in the manner required by this chapter and the regulations adopted pursuant to it. (c) The applicant or licensee has violated any lawful order of the director which is issued pursuant to this chapter.


10988. The proceedings for all hearings pursuant to this chapter shall be conducted in accordance with Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2, of the Government Code. The director shall have all powers which are granted by such chapter.


10989. Any institution or agency of the state, a county, or any municipal or other public corporation which is feeding garbage to swine is not required to procure a license, but shall comply with all other provisions of this chapter and the regulations which are adopted pursuant to this chapter.


10990. This chapter does not prohibit any city or county from licensing persons that feed garbage to swine.


Part 4. Animals Detrimental To Agriculture

Chapter 1. Importation And Transportation

Ca Codes (fac:11201) Food And Agricultural Code Section 11201



11201. Sections 5025, 6304, and 6305 of this code are applicable to the importation into, or the shipment or transportation within, this state of animals which are detrimental to agriculture.


Chapter 2. Predators

Article 1. Hunters And Trappers

Ca Codes (fac:11221-11223) Food And Agricultural Code Section 11221-11223



11221. The director may employ hunters and trappers throughout the state to control or eradicate coyotes and other harmful predatory animals and to shoot or trap bears which are damaging livestock, agricultural crops, or standing timber.

11222. For the purposes of this article, the director may enter into contracts with the Bureau of Sports Fisheries and Wildlife of the United States Department of the Interior to enlist the support of the federal government. He may prescribe the manner, terms, and conditions of such cooperation.


11223. No iron or steel-jawed trap shall be used by any hunter or trapper who is engaged in controlling or eradicating any bears pursuant to this article.


Article 3. Donations

Ca Codes (fac:11261-11262) Food And Agricultural Code Section 11261-11262



11261. The director may accept, on behalf of the state, donations of money from any person, board of supervisors, or other agency interested in the control of coyotes and other predatory animals. Any such money shall be paid into the State Treasury and credited to the Department of Agriculture Fund.


11262. Money which is made available by any board of supervisors that is accepted pursuant to this article shall be expended solely within the boundaries of the county which makes the appropriation, unless otherwise authorized by the board of supervisors. All other donations shall be applied to the particular locality in which the donors are interested, unless they specifically consent to the use of their donations in other localities.


Article 4. Management Of Coyotes On Public Lands

Ca Codes (fac:11281-11284) Food And Agricultural Code Section 11281-11284



11281. If any coyotes are found to exist on land which is owned by the state, other than lands subject to the control of the Department of Parks and Recreation and other than ecological reserves established pursuant to Article 4 (commencing with Section 1580) of Chapter 5 of Division 2 of the Fish and Game Code and the coyotes are found to be causing damage on public or private land, the director may control, may employ persons pursuant to Article 1 (commencing with Section 11221) to control, or may contract with the commissioner to control, the coyotes which are determined to be the cause of the damage.

11282. Prior to implementation of any control program pursuant to this article, the director shall consult with and obtain the consent of the director of the department which has jurisdiction over the state land.

11283. The director shall submit an annual memorandum of understanding to the Director of Fish and Game for review and approval prior to implementing any coyote control program pursuant to this article.


11284. Nothing in this article authorizes the use of Compound 1080 for predator control on public lands.


Article 5. Management Of Coyotes On State Park Lands And In Ecological Reserves

Ca Codes (fac:11301-11305) Food And Agricultural Code Section 11301-11305



11301. As used in this article, "state park lands" means any lands subject to the control of the Department of Parks and Recreation.


11302. The director, upon receiving information causing him or her to believe that coyotes are finding refuge on state park lands or on ecological reserves and are causing damage to nearby private property, may request the Department of Parks and Recreation, in the case of state park lands, or the Department of Fish and Game, in the case of ecological reserves, to cooperate in the acquisition and evaluation of evidence to that effect. Upon a request by the director, the department or departments shall cooperate in the evaluation or acquisition.

11303. Upon a determination pursuant to Section 11302 that coyotes are finding refuge on state park lands or on an ecological reserve and are causing damage to nearby private property, the director and the Department of Parks and Recreation, with the review and approval of the Director of Fish and Game as to state park lands, or the Department of Fish and Game as to ecological preserves, may enter into an interdepartmental agreement to control coyotes finding refuge on state park lands or on ecological reserves and causing damage to nearby private property. Methods utilized to take the coyotes shall be specific to those coyotes which are causing the damage. The Department of Parks and Recreation or the Department of Fish and Game shall specify the methods of take, location of take, time of take, necessary protections for public safety, protections convenient for state park lands or ecological reserve users and uses, and may specify whether the department is to employ persons to control coyotes pursuant to Article 1 (commencing with Section 11221) or whether control is to be done by the Department of Parks and Recreation or the Department of Fish and Game.


11304. The Department of Parks and Recreation or the Department of Fish and Game may submit claims to the department for reimbursement of direct costs incurred pursuant to the implementation of this article which shall be paid if found by the director to be reasonably necessary to implement this article.


11305. Nothing in this article authorizes the use of Compound 1080 for predator control on state park lands and in ecological reserves.


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