Law:Division 10. Cattle Protection (California)

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Contents

Chapter 1. Definitions

Ca Codes (fac:20001-20030) Food And Agricultural Code Section 20001-20030



20001. Unless the context otherwise requires, the definitions in this chapter govern the construction of this division.


20002. "Animal," "calf," and "cattle" mean only bovine animals.


20003. "Brand" means a design which is permanently impressed on the hide of an animal by burning with acid, a chemical compound, or a hot iron.

20004. "Brand" includes "brand and mark" if a mark is recorded or used with a brand.


20005. "Bureau" means the Bureau of Livestock Identification.


20006. "Carcass" means the carcass of an animal.


20007. "Cattle record brand" means a brand used to classify an animal for the purpose of keeping records which relate to the animal.


20008. "Chief" means the Chief of the Bureau of Livestock Identification.

20009. "Hide" means the hide of an animal.


20010. "Inspector" means a hide and brand inspector. It includes the chief, regional brand supervisors, senior brand inspectors, investigators, and persons employed on a collaborative basis pursuant to Section 483 to carry out this division.


20011. "Mark" means a design which is cut into or from the ear, dewlap, or other part of an animal.


20012. "Vent" means a design which is permanently impressed on the hide of a branded animal for the purpose of voiding the prior brand.


20013. "Feedlot" means a beef cattle feedlot or feed yard having more than 500 head of cattle at one time during the calendar year in which cattle are being fed for slaughter.


20014. "Beef cattle" means bovine animals of any breed being grown primarily for meat production.


20015. "Registered feedlot" means a feedlot defined in Section 20013 that is registered with the bureau in accordance with Sections 21081 and 21082.

20016. "Licensed frozen food locker plant" means an establishment defined and licensed pursuant to Chapter 14 (commencing with Section 28800) of Division 22 of the Health and Safety Code.


20017. "Modified point-of-origin inspection area" means any area designated by the director, by regulation, pursuant to Section 21111.


20018. "Upon entry into a registered feedlot" means brand inspection of the cattle as soon after arrival at the feedlot as is consistent with the provisions of Section 21172.5.


20019. "Processor" means an establishment in which, for compensation directly or indirectly, meat or meat products are cut, wrapped, or frozen to be delivered for frozen storage by the ultimate customer.

20020. "Point of sale" as used in Section 22004.1 means the first place where the transaction occurs when the hide is sold or otherwise transferred by the person who slaughtered the animal.


20021. "Modified point of origin inspection," as provided in Sections 21111 and 21112, pertains only to the inspection of cattle where there is no sale within a designated modified point of origin inspection area prior to transportation for pasture-to-pasture purposes when crossing the area boundary.


20022. "Full point of origin inspection area" means any area designated by the director, by regulation, pursuant to Sections 21141 and 21141.5.

20023. "Full point of origin inspection" as provided in Sections 21141 and 21141.5 means the inspection of all cattle, except as herein excepted, prior to transportation across the area boundary. However, pasture-to-pasture movement within the area is permitted without inspection, and cattle moving to a destination point within the area shall pay the destination inspection fee only.


20024. "Destination point inspection" means the inspection of cattle within the California borders after shipment directly to a posted stockyard, public salesyard, private cattle sales market, licensed slaughterhouse, or registered feedlot, without prior inspection.


20025. "Cattle movement" means the transportation of cattle by vehicle or herding, such as a drive of an animal herd.


20026. "Private treaty transaction," as used in this division, means the transfer of ownership of cattle or livestock by agreement or contract, at a point other than a destination point.


20027. "Pasture-to-pasture movement" means transportation of cattle, or leading or herding from one feeding or pasture premise to another feeding or pasture premise with no change of ownership.


20028. "Transportation, transport, or transporting" as used in this division means to carry livestock from one place to another by means of a vehicle which may be propelled, moved, or drawn on land or water, or may be airborne.

20029. "Shipper" means any person who transfers cattle from one geographical location to another.


20030. "Licensed slaughterer" means any person who is in the business of slaughtering bovine animals and who has applied to and been issued a grant of inspection by the United States Department of Agriculture Food Safety and Inspection Service.


Chapter 2. General Provisions

Article 1. Application

Ca Codes (fac:20151-20152) Food And Agricultural Code Section 20151-20152



20151. (a) The Legislature finds and declares that this division is enacted in the exercise of the police power of this state for the purpose of protecting the cattle industry of this state from losses of livestock by theft and straying. (b) The Legislature further finds and declares that the protection should be afforded through a system of brand inspection of cattle as the cattle are moved and marketed within this state, and that, to the extent that adequate funding is made available, an investigative unit be maintained within the department for the purpose of assisting local law enforcement agencies in combating cattle theft in this state. (c) The department shall develop a surveillance patrol program, to the extent that adequate funding is made available, to assist in the detection and apprehension of persons involved in cattle theft.


20152. The provisions of this division, including the payment of fees, are applicable to all state and county institutions which are engaging in livestock operations.


Article 2. Regulation

Ca Codes (fac:20171-20172) Food And Agricultural Code Section 20171-20172



20171. The director may make such regulations as may be reasonably necessary to carry out this division and to protect the cattle of this state from theft and misappropriation.


20172. The regulations shall be published in one or more stock journals of general circulation in the state before they become effective.


Article 3. Investigations

Ca Codes (fac:20201-20203) Food And Agricultural Code Section 20201-20203



20201. The director may make any necessary investigations relative to reported violations of this division, pursuant to Article 2 (commencing with Section 11180), Chapter 2, Part 1, Division 3, Title 2 of the Government Code.

20202. The person in custody of any records required to be kept by any provision of Divisions 9 (commencing with Section 16301), 10 (commencing with Section 20001), or 11 (commencing with Section 23001) shall exhibit such records upon demand by any inspector or peace officer. Such records include, but are not limited to, the following documents: (a) Brand inspection certificates. (b) Bills of sale or bills of consignment. (c) Truck invoices and bills of lading. (d) Shipping and receiving slips. (e) Sales invoices or certificate of sale.


20203. It is unlawful for any person to refuse to exhibit any records to any inspector or peace officer who is acting in accordance with the provisions of Section 20202.


Article 4. Criminal Penalties

Ca Codes (fac:20221-20222) Food And Agricultural Code Section 20221-20222



20221. Every person that violates 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 one year, or by both that fine and imprisonment. Each violation during any day constitutes a separate offense.


20222. Any person who uses an unrecorded, forfeited, or canceled brand shall pay a penalty upon a first violation of one hundred dollars ($100); upon a second violation within the same 12-month period, a penalty of two hundred dollars ($200); and upon a third or subsequent violation within the same 12-month period, a penalty of five hundred dollars ($500), which is in addition to any other penalty provided by law.


Article 5. Civil Penalties And Remedies

Ca Codes (fac:20251-20253) Food And Agricultural Code Section 20251-20253



20251. Any person that violates any provision of this division, or any regulation which is issued pursuant to it, is liable civilly for a penalty in an amount not to exceed a sum of five hundred dollars ($500) for each violation. Any money which is recovered under this section shall be paid into the Department of Agriculture Fund.


20252. 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.


20253. 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 duly issued by the director pursuant to it. Any proceedings pursuant to this section shall conform to the requirements of Chapter 3 (commencing with Section 525), Title 7, 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.


Article 6. Collection And Disposition Of Money

Ca Codes (fac:20281-20283) Food And Agricultural Code Section 20281-20283



20281. The department shall, at least once a month, report to the State Controller the total amount of money collected for fees, penalties, judgments, or otherwise. It shall, at the same time, pay into the State Treasury the entire amount of such receipts. The receipts shall be credited to the Department of Agriculture Fund.


20282. Any money in the Department of Agriculture Fund derived under any of the provisions of this division may be expended for the administration and enforcement of any of the provisions of this code stated in Section 16461, notwithstanding any other provision of law which limits the expenditure of any such money to some specific section, article, or chapter of this division.


20283. A civil action may be brought by the department to recover any fee, penalty, or other money that becomes due pursuant to this division.


Chapter 3. Enforcement

Article 1. Bureau Of Livestock Identification

Ca Codes (fac:20401-20407) Food And Agricultural Code Section 20401-20407



20401. There is in the department the Bureau of Livestock Identification.

20402. The bureau is administered by a chief who is appointed by the director pursuant to the State Civil Service Act, Part 2 (commencing with Section 18500), Division 5, Title 2 of the Government Code.


20403. The chief shall administer and enforce this division and shall perform such other duties within the scope of his employment as the director may require.


20404. The chief is responsible to the director for the proper administration and enforcement of this division.


20405. The chief shall assist in the prosecution of persons charged with violation of any provision of this division.


20406. Subject to the approval of the director, the chief shall appoint such inspectors and other assistants as may be necessary to carry out this division.

20407. Subject to the approval of the director, the chief may employ investigators to investigate reported thefts or losses of cattle.


Article 2. Inspectors And Other Peace Officers

Ca Codes (fac:20432-20440) Food And Agricultural Code Section 20432-20440



20432. Each inspector may enforce the provisions of Chapter 5 (commencing with Section 484), Title 13, Part 1 of the Penal Code, with reference to theft of any animal or carcass, and is authorized, as a public officer, to arrest for any such offense. In the event of an arrest pursuant to this section, the provisions of Section 835a of the Penal Code shall apply as if the inspector were a peace officer.


20433. Each sheriff, member of the California Highway Patrol, and other peace officer shall cooperate and assist in enforcing this division.

20434. Each sheriff or other officer to whom a complaint which relates to the loss or theft of cattle is made shall forthwith transmit to the bureau a report which shows all of the following: (a) The number of animals that are involved. (b) A description of the animals, including any marks and brands on them. (c) The date of the loss or theft. (d) Any other information which the chief may by regulation require.


20435. If an inspector or peace officer finds any animal, hide, carcass, or portion of a carcass in the possession of any person that he has reason to believe is not the legal owner or entitled to the possession of it, he shall take possession of it or notify the person in possession where to leave it pending investigation.


20436. A person shall not, without a release from the inspector or peace officer, dispose of the animal, hide, carcass, or portion of a carcass within 30 days after receiving the notice pursuant to Section 20435 or until it is released by the inspector or peace officer.


20437. Any animal, hide, carcass, or portion of a carcass shall not be held pursuant to Section 20435 for more than 30 consecutive days, unless the notice of seizure is renewed by the inspector or peace officer.

20438. Any inspector or peace officer may stop any conveyance which is transporting any animal, hide, carcass, or portion of a carcass on any public thoroughfare for the purpose of making an investigation and may take possession of the animal, hide, carcass, or portion of a carcass and hold it for not to exceed 30 days pending an investigation.


20439. Any expense which is incurred in caring for any property which is seized pursuant to this article shall be paid by the owner of the property. The cost of caring for the property so held is a lien upon the property. The lien may be enforced in the manner which is prescribed in Section 3052 of the Civil Code.


20440. Any animal which is seized by or comes into the possession of an inspector pursuant to this division shall be disposed of as provided in Chapter 7 (commencing with Section 17001), Part 1, Division 9 of this code.


Article 3. Livestock Identification Advisory Board

Ca Codes (fac:20461-20471) Food And Agricultural Code Section 20461-20471



20461. As used in this article, "board" means the Livestock Identification Advisory Board.


20462. There is in the department the Livestock Identification Advisory Board, which consists of seven members. The director may appoint one additional member on the board, as provided in Section 20463.

20462.5. It is hereby declared, as a matter of legislative determination, that persons appointed to the Livestock Identification Advisory Board pursuant to this article are intended to represent and further the interest of the particular agricultural industries concerned, and that such representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are appointed to such board, the particular agricultural industries concerned are tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code.

20463. The director shall appoint the members to the board as follows: (a) Two shall be beef cattle producers. (b) Two shall be dairymen. (c) One shall be engaged in the livestock marketing business. (d) Two shall be operators of registered feedlots. The director may appoint one additional member on the board, who shall be a public member. Upon the director's request, the board shall submit to the director the names of three or more natural persons, each of whom shall be a citizen and resident of this state and not a producer, shipper, or processor nor financially interested in any producer, shipper, or processor, for appointment by the director as a public member of the board. The director may appoint one of the nominees as the public member on the board. If all nominees are unsatisfactory to the director, the board shall continue to submit lists of nominees until the director has made a selection. Any vacancy in the office of the public member of the board shall be filled by appointment by the director from the nominee or nominees similarly qualified submitted by the board. The public member of the board shall represent the interests of the general public in all matters coming before the board and shall have the same voting and other rights and immunities as other members of the board.


20464. In making his selection of the membership of the board, the director shall take into consideration the recommendations of organizations and associations of cattlemen, dairymen, livestock marketing agencies, and general farm organizations.


20465. The term of office of the members of the board is four years. Any vacancy which occurs during an unexpired term shall be filled by appointment for the unexpired term.


20466. The members of the board shall serve without compensation but are entitled to their traveling expenses in the same amount as is provided for other nonsalaried board and commission members who serve the state.

20467. The board shall assist the director and the Chief of the Bureau of Livestock Identification in the administration and enforcement of Part 1 (commencing with Section 16301) and Part 2 (commencing with Section 17401) of Division 9, Chapter 2 (commencing with Section 18351) and Chapter 3 (commencing with Section 18501) of Part 3 of Division 9, Division 10 (commencing with Section 20001), and Division 11 (commencing with Section 23001). The board shall make recommendations to the director concerning such administration and enforcement. Any such recommendation shall be made effective upon approval of the director, including recommendations under subdivisions (a), (b), (c), and (d) of Section 20469.


20468. The members of the board shall confer with all of the following regarding matters which are involved in the administration of the enforcement functions of the Bureau of Livestock Identification: (a) The director and the Chief of the Bureau of Livestock Identification. (b) Livestock producers and marketers. (c) Farm and livestock organizations. (d) Other cooperating agencies.

20469. The board shall make recommendations to the director and to the Chief of the Bureau of Livestock Identification relative to all of the following: (a) Improvements and changes in the administration and enforcement of the hide and brand laws and regulations which are adopted pursuant to such laws. (b) Procedures which are followed by the Bureau of Livestock Identification. (c) Curbing of livestock thefts. (d) The annual budget for the Bureau of Livestock Identification. (e) Legislation which is designed to improve the functioning of the bureau.


20470. The board shall meet at the call of its chairman. It shall meet at least once in every three months.


20471. The meetings of the board shall be held in the offices of the department at Sacramento, or elsewhere within the state, if necessary for the proper performance of its duties.


Chapter 4. Brands And Brand Records Generally

Article 1. Requirements

Ca Codes (fac:20601-20610) Food And Agricultural Code Section 20601-20610



20601. It is the ultimate object of this division to provide for statewide recordation of brands with the entire state as one branding district.

20602. Brands for the purpose of establishing or indicating ownership of cattle may be recorded pursuant to this chapter. Brands for other purposes shall not be recorded.


20603. The chief shall, by regulation, prescribe the location on the animal where different types of brands, including recorded brands and cattle record brands, may be applied.


20604. It is unlawful for any person to brand any animal except in accordance with the provisions of this chapter.


20605. It is unlawful for any person to use an unrecorded, forfeited, or canceled brand.


20606. It is unlawful for any person to apply a recorded brand in any location on the animal except that which is specified on the brand registration certificate. The use of a brand on any location except that which is specified on the brand registration certificate is the same as the use of an unrecorded brand.

20607. It is unlawful for any person to use a brand on cattle indicating ownership unless the cattle are owned by him or he has been authorized by the owner of the cattle and the brand is recorded under the owner's name and is on file with the Bureau of Livestock Identification.


20608. Proof of possession or ownership of cattle with an unrecorded, forfeited, or canceled brand establishes a rebuttable presumption that the person in possession or the owner of the cattle has branded them with such brand. This presumption is a presumption affecting the burden of proof.


20609. In every suit at law or in equity, if the title to any animal is involved, proof of the brand of the animal establishes a rebuttable presumption that the owner of the brand was the owner of the animal at all times during which the brand was duly recorded as provided in this code. This presumption is a presumption affecting the burden of proof. The right of any person to use such brand may be established by a certified copy of the brand records on file in the bureau.


20610. (a) The owner of cattle brought into this state from out of state for grazing purposes may apply to the director for a permit to allow the branding of the cattle with a brand recorded in another state. The director may issue a permit for this purpose under all of the following conditions: (1) The owner of an identical brand recorded for use in this state has been notified and has given written consent for the use of the brand. (2) The brand is limited to use on suckling calves which are accompanied by their mothers bearing the same brand. (3) The herd is inspected by the bureau prior to branding. (b) The director may charge a fee for inspection as provided in Article 9 (commencing with Section 21281) of Chapter 6, including a time and mileage charge, to cover the cost of providing the inspection. (c) The director may establish and charge a fee to cover the cost of issuing the permit authorized by this section. The fee for the permit shall not exceed one hundred dollars ($100). (d) This section is applicable only to those cattle brought into this state from a state which has implemented a reciprocal program for cattle from this state.


Article 2. Venting Brand Requirements

Ca Codes (fac:20631-20633) Food And Agricultural Code Section 20631-20633



20631. Venting a brand consists of rebranding a branded animal, by the owner of the animal, for the purpose of voiding his prior brand.


20632. A vent brand may be applied on the loin of an animal which corresponds to the side the owner's registered brand.


20633. Only the owner's recorded brand may be used as a vent. Recordings shall not be issued which allow the use of any other brand as a vent.


Article 3. Applications

Ca Codes (fac:20661-20672) Food And Agricultural Code Section 20661-20672



20661. Any person that desires to use a brand in this state may acquire the right to do so pursuant to this chapter. Application forms for this purpose shall be furnished by the bureau upon request.


20662. To conform to the objective of this chapter, all applications for the recordation of a brand shall be accepted by the chief only if the proposed brand design fulfills the following requirements: (a) Is not in conflict with any other recorded brand in this state. (b) Is capable of producing a like design when burned into the hide of an animal. (c) Is capable of readily symbolizing the intended design to any person who views it. (d) Lends itself to common verbal description.


20663. An application for the recordation of a brand shall be filed with the bureau.


20664. The application shall contain all of the following: (a) A facsimile of the brand which is sought to be recorded. (b) A statement of the location on the animal where the brand is to be applied. (c) The name and address of the applicant. (d) The signature of a parent or guardian if the applicant is under 18 years of age.


20665. A mark may be recorded only with a brand. If a mark is sought to be recorded with a brand, the application shall also contain a diagram which shows the manner of marking.


20666. Upon receipt of an application, the bureau shall examine the application and compare the design applied for with brands that are already of record.

20667. An application shall not be accepted for the recordation of a brand which consists only of a mark.


20668. An application shall not be accepted for the recordation of a brand if the brand is to be applied to any of the following: (a) Either jaw. (b) The face. (c) The nose. (d) Either loin. (e) The breeching of an animal.

20669. An application shall not be accepted for the recordation of a brand which is accompanied by a mark if the use of the mark involves cutting off more than one-half of an ear.


20670. An application shall not be accepted for the recordation of a brand except upon the payment of the fee for the recordation of the brand.

20671. If the application does not conform to the requirements of, or cannot be accepted pursuant to, this chapter, a statement of the reason why it cannot be accepted shall be transmitted to the applicant.

20672. Any person who is aggrieved at any determination made pursuant to Section 20662 may appeal in person to the Livestock Identification Advisory Board. Upon receipt of a written request from the person appealing the decision, such person shall be permitted to present his views to the board. The board may recommend to the director to affirm, reverse, or modify the determination. The decision of the director shall be final.


Article 4. Recordation

Ca Codes (fac:20691-20701) Food And Agricultural Code Section 20691-20701



20691. The bureau shall maintain a record of all brands that are recorded, except forfeited or canceled brands which are subject to Section 20701.

20692. Any person, upon request to the bureau, shall be furnished information as to any recorded brand.


20693. A brand shall not be recorded if it consists of any letters or characters which are applied in more than one branding location on the animal.

20694. A brand shall not be recorded for any person under 18 years of age unless the application is countersigned by his parent or guardian.

20695. Recordation of a brand consists of entering in the brand records the matters which are contained in the application, together with the date of recordation, and the execution by the bureau of a cattle brand registration certificate.


20696. The original cattle brand registration certificate shall be kept on file in the bureau. A duplicate certificate shall be issued to the person in whose name the brand is recorded.


20697. The issuance to a person of a cattle brand registration certificate confers upon the person to whom it is issued both of the following: (a) The right to use the brand until the right to use it is forfeited or the record of the brand is canceled pursuant to this chapter. (b) The right to use the same brand on the same location on horses, mules, burros, sheep, and swine if not in conflict with a previously recorded brand.


20698. The right to use a brand is a property right and may be sold or otherwise transferred.


20699. A transferee of a brand shall not use the brand until the transfer has been recorded by the bureau.


20700. The record of any brand may be canceled at any time upon the written request of the person in whose name it is recorded.


20701. The records of brands which have been forfeited or canceled for more than five years may be removed from the files and destroyed.


Article 5. Suspension And Forfeiture

Ca Codes (fac:20721-20724) Food And Agricultural Code Section 20721-20724



20721. The right to use a recorded brand is lost by the failure to pay the fees which are required by Article 6 (commencing with Section 20751) of this chapter.


20722. If the renewal fee that is required by Article 6 (commencing with Section 20751) is not paid by April 30th following the recordation of the brand, or by April 30th of the year that follows the last year for which the renewal fee has been paid, the right to use the brand is suspended by operation of law as of April 1st of that year.


20723. If the right to use a brand is suspended for more than one year, the right is forfeited on April 1st following the year of suspension. The brand, thereafter, may be rerecorded by the former owner or it may be applied for by any other person pursuant to this chapter.


20724. The right to use any brand which conflicts with any brand which has a prior cattle brand registration certificate number pursuant to this chapter is forfeited. All recordations shall be on a statewide basis.


Article 6. Fees And Penalties

Ca Codes (fac:20751-20760) Food And Agricultural Code Section 20751-20760



20751. The fee for each application for recording a brand is sixty dollars ($60).


20752. The fee entitles the applicant to the recordation of one brand, one duplicate brand registration certificate, and the right to use the brand until the following April 1st. The fee for each additional duplicate is ten dollars ($10).


20754. Except as otherwise provided in Section 20755, the owner of a brand shall, on or before April 30th after its recordation, pay to the bureau a biennial period renewal fee of sixty dollars ($60) for the right to continue to use the brand.


20755. The owner of a recorded brand may, on or before April 30 of any year, pay in advance to the bureau a sum that is a multiple of sixty dollars ($60). The payment entitles him or her to use the brand for a minimum of two years, but not to exceed 10 years, at the rate of thirty dollars ($30) per year on and after April 1 of that year. If the advance payment is made, biennial renewals for the years within the period for which advance payment has been made are not required.


20756. If the right to use a brand is suspended for failure to pay the renewal fee, it may be reinstated within one year from the date of suspension upon the payment of the biennial renewal fee of sixty dollars ($60) plus a twenty-five dollar ($25) penalty fee.


20757. (a) Except as provided in subdivision (b), the fee for rerecording a forfeited or canceled brand shall be one hundred twenty dollars ($120). This amount shall accompany the application to rerecord. (b) When a penalty has been paid pursuant to Section 20222, within 30 days of the date the application to rerecord is received by the director, the fee to rerecord shall be sixty dollars ($60).


20758. The fee for recording the transfer of a brand, including a new certificate, is sixty dollars ($60).


20759. If the applicant fails to submit within 60 days of the date of receipt by the department of application for recording or re-recording a brand, or for recording the transfer of a brand, any information or document which is required by this chapter, the application lapses. The applicant is not entitled to the recording or re-recording of the brand, or the recording of the transfer of the brand, unless and until he submits a new application and another fee for it.

20760. The fees or penalties prescribed in this article may be raised or lowered under one of the following conditions: (a) Lowered by the director, based upon a finding and recommendation of the Livestock Identification Advisory Board, whenever they determine that the cost of administering and enforcing the provisions of this division may be maintained with a lower fee. (b) Increased by an amount not to exceed 20 percent of the statutory fee, by the director upon the recommendation of the Livestock Identification Advisory Board whenever the board determines that the costs of administering and enforcing the provisions of this division require a greater fee. The advisory board shall approve any increase in fees by a two-thirds vote of its entire membership.


Article 7. Similar Brands

Ca Codes (fac:20791-20797) Food And Agricultural Code Section 20791-20797



20791. If the brand records on file with the bureau disclose that two or more brands have been recorded which appear to be so similar as to be misleading or conflicting, the chief may, and upon request of the owner of one of such brands he shall, cause an investigation to be made and a hearing held upon the matter.

20792. Notice of the hearing shall be given to each interested person at least 10 days prior to the hearing.


20793. At the hearing, the chief shall first determine if the brands are so similar as to be misleading or conflicting. The chief shall dismiss the proceedings as to any brands which he finds are not so similar as to be misleading or conflicting.


20794. If, at the hearing, the chief finds that two or more brands have been recorded which are so similar as to be misleading or conflicting, he shall determine which of the conflicting brands has been of record for the longest consecutive period of time. The owner of such brand has the right to continue to use his brand. The conflicting brand shall be canceled.


20795. The owner of a recorded brand may request the chief to make an investigation if there are cattle other than his own which bear a brand so similar to such owner's brand as to be misleading or conflicting.

20796. If, after the investigation, the chief finds sufficient cause for such action, he may require that the cattle, other than those of the owner of the brand which is recorded, be branded with some other brand which is approved by the chief and recorded pursuant to this chapter.


20797. Any person who loses his or her right to use a brand as a result of the determination of the chief pursuant to this article may appeal to the secretary within 15 days. The secretary may affirm, reverse, or modify the determination of the chief.


Chapter 5. Cattle Record Brands

Ca Codes (fac:20901-20906) Food And Agricultural Code Section 20901-20906



20901. Notwithstanding any other provision of this division, cattle may be branded pursuant to this chapter.


20902. A cattle record brand shall be used only for purposes of identification. It is not evidence of ownership.


20903. A cattle record brand shall not be recorded.


20904. A cattle record brand may be placed upon either loin in front of the hip and behind the ribs of the animal.


20905. A cattle record brand for dairy cattle of the Holstein, Jersey, Guernsey, Ayrshire, Brown Swiss, Dutch Belted, and Milking Shorthorn breeds may be placed upon the right hip rather than upon the loin.

20906. A cattle record brand consists of: (a) Consecutive numerals, letters, or a combination of numerals or letters if placed upon the loin of an animal. (b) At least three consecutive numerals that constitute a number greater than 200 if placed upon the right hip of an animal.


Chapter 6. Inspection Of Cattle

Article 1. Requirements, Generally

Ca Codes (fac:21051-21069) Food And Agricultural Code Section 21051-21069



21051. Except as otherwise provided in this chapter, cattle shall be inspected as follows: (a) Whenever cattle are sold or ownership is transferred. (b) Prior to movement out of any designated modified point-of-origin inspection area, for purposes other than sale or slaughter and no change of ownership is involved, as provided in Section 21111. (c) Prior to movement out of the state. (d) Upon entry into a registered feedlot. (e) Prior to slaughter. (f) Prior to release or sale from a public stockyard, public saleyard, or public or private cattle sales market. (g) Prior to release from a posted stockyard or posted saleyard. (h) Prior to transportation out of a full point-of-origin area, as provided in Section 21141. (i) Prior to transportation or movement from premises designated as quarantine, restriction, or isolated areas pursuant to Section 9565.


21051.3. (a) Any person who moves or transports any animal without inspection, as required by this chapter, is liable to the director for a civil penalty in the amount of the expenses incurred by the director to investigate and prosecute the violation and, if the violation involved the unlawful taking of animals, the expenses incurred by the director to recover and return the animal or animals to their owner. (b) If the director finds that a violation of subdivision (a) has occurred, he or she shall calculate the amount of the civil penalty and make demand for payment within 30 days thereof. The respondent may deny liability in whole or in part, in which case the director shall set the matter for hearing before a hearing officer of the department or, at the director's discretion, pursuant to Section 11502 of the Government Code. The hearing procedure under this subdivision shall be conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (c) The respondent may petition for judicial review of the director's determination to assess a civil penalty pursuant to Section 1094.5 of the Code of Civil Procedure by filing an action within 30 days of the date of service of the director's decision. (d) The civil penalty in this section is in addition to any other civil or criminal penalties provided by law. (e) Any funds collected pursuant to this section shall be paid into the Department of Food and Agriculture Fund.


21051.4. (a) In addition to any other penalty provided by this chapter, the director may levy a civil penalty against any person who violates this chapter of an amount not to exceed one hundred dollars ($100) for each violation. (b) Before a civil penalty is levied, the person who is charged with a violation shall be provided a notice of the violation, shall have an opportunity to be heard, and shall have the right to review the evidence and to present evidence on his or her behalf. (c) The decision of the director may be reviewed pursuant to Section 1094.5 of the Code of Civil Procedure. (d) The director shall deposit the funds collected pursuant to this section in the Department of Food and Agriculture Fund for expenditure as authorized by this division.


21051.5. When brand inspection is not required under Section 21051, any person, upon his request, shall receive brand inspection of cattle. Any such person who requests the inspection shall pay to the director a time and mileage charge established by the director to equal the cost of providing such an inspection. Nothing in this section shall exempt any person from any other inspection requirements for the same cattle at any later time under Section 21051, nor shall such a person be exempt from any statutory inspection fees provided for by this division.


21052. It is unlawful for any person who owns or has custody of cattle to move, slaughter, release, sell, or receive at a registered feedlot that cattle without the inspection that is required by Section 21051. For the purposes of this section, a common carrier which transports cattle does not have custody of the cattle.


21053. Inspection is not required prior to transportation from a modified point-of-origin inspection area, or prior to movement if being sold, if the cattle are being moved or shipped direct to one of the following destinations: (a) A registered feedlot in this state. (b) A licensed slaughterhouse in this state. (c) A public salesyard or public cattle sales market in this state that is licensed pursuant to Section 21733 or posted by the United States Department of Agriculture under the Packers and Stockyards Act. All cattle shipped without inspection prior to transportation under this section shall be inspected at the destination point.


21054. Inspection is not required in cases where cattle are being transported to or from a fair or livestock exhibit within the state's boundaries if the shipment is accompanied by a certificate of the manager or an official of the fair or exhibit, which shows all of the following: (a) Any brands and marks. (b) The names of the shipper and consignee. (c) The point of origin and destination of the shipment. (d) Proof of ownership as defined in Section 16522.


21055. Inspection is not required prior to slaughter by licensed slaughterers at slaughterhouses where the chief determines it is impossible or impractical to have inspection prior to slaughter. The chief shall, from time to time, designate which slaughterhouses are within this category. Slaughterers at such slaughterhouses shall keep the records which are required by Section 22045. They shall also keep the hides of animals which are so slaughtered until the hides are inspected or released.


21056. Inspection is not required prior to slaughter of an animal by the producer of the animal pursuant to Section 22002. The hides of such animals shall, however, be retained as provided in Section 21455 and records shall be kept as provided in Section 22008.


21057. Except as provided in Section 21206, inspection is not required prior to slaughter at a licensed slaughterhouse when the cattle are being shipped direct from one of the following: (a) A registered feedlot in this state. (b) A public salesyard or cattle sales market in this state that is licensed pursuant to Section 21733 or posted by the United States Department of Agriculture under the Packers and Stockyards Act of 1921 (7 U.S.C. Sec. 181 et seq.). (c) Out-of-state when accompanied by proper documents.


21058. All cattle shipped pursuant to Section 21057 shall be accompanied by one of the following: (a) A bill of sale on an approved form giving the date of sale, the loading point, the name and address of the owner or consignor or both, the destination, the number of animals, the certificate number on which the animals were inspected into the feedlot, the lot number, if any, the name and address of the buyer, the name of the transporter or carrier and the license number of the vehicle used to transport the animals, and the signature of the owner or his or her authorized agent. (b) A saleyard invoice meeting the requirements of Sections 21744 and 21745. (c) A certificate of consignment on an approved form giving the date of sale, the loading point, the name and address of the owner or consignor or both, the destination, the number of animals, the certificate number on which the animals were inspected into the feedlot, the lot number, if any, the name and address of the buyer, the name of the transporter or carrier and the license number of the vehicle used to transport the animals, and the signature of the owner or his or her authorized agent. (d) A brand inspection certificate or, for states with no inspection, a bill of sale or health certificate.


21059. Inspection is not required for pasture-to-pasture movement in the following cases: (a) When the cattle are moved or transported only between points in the same modified point-of-origin inspection area. (b) When the cattle are moved or transported across a modified point-of-origin inspection area boundary which bisects the ranch or property of the owner and shipper of the cattle. (c) When cattle are moved or transported only between points within a full point-of-origin area. (d) When cattle are moved or transported across a modified point-of-origin inspection area boundary in accordance with regulations adopted by the director which specifically allow the cattle to move under a permit for a distance not to exceed 40 miles from loading point to destination. The director may establish a fee for the permit for a 12-month period. The permit fee shall not exceed two hundred dollars ($200). (e) When female cattle of the dairy breeds are moved or transported from one grazing or pasture area to another grazing or pasture area and the areas are owned or controlled by the same person. However, this movement shall be accompanied by a certificate of ownership or other proof of ownership document. The provisions of subdivision (i) of Section 21051 shall take precedence over this section. This section does not apply to cattle entering a registered feedlot.


21060. Inspection is not required in cases where the cattle being moved or transported are dairy calves, and such calves meet all of the following classifications: (a) The calves were born on a dairy farm as defined in Section 32505. (b) The calves were born to cows of a recognized dairy breed. (c) The umbilical cord is still a part of, and attached to, the navel of the calf. (d) The calves will not be moved or transported: (1) Out of the state. (2) To a licensed slaughterhouse in this state. (3) To a public saleyard or public cattle sale market in this state that is licensed pursuant to Section 21733 or posted by the United States Department of Agriculture under the Packers and Stockyards Act of 1921 (7 U.S.C. 201 et seq.). Nothing in this section shall prohibit any inspector or peace officer from inspecting any calves when such inspection is necessary in accordance with the provisions of Sections 20432, 20435, 20436, and 20438.


21060.5. Any calves not exempt from inspection pursuant to Section 21060, shall be inspected in accordance with the provisions of Sections 21051 and 21052.

21060.7. It is unlawful for any person to move or transport any calves exempt from inspection pursuant to Section 21060 without preparing the bill of sale or consignment that is required by Sections 21702 and 21703. Such bill of sale or consignment shall accompany the calves and be retained by the receiver of the calves for at least one year, and such documents shall be presented to any inspector or peace officer upon demand.


21061. The director may make regulations which govern the brand inspection of cattle and hides at slaughterhouses. The regulations may provide for an inspection schedule at each slaughterhouse and include provision for inspection in addition to the basic inspection schedule. Additional inspection services shall be provided on a reimbursement basis at the expense of the slaughterer requesting the additional service and shall not be an added charge to the consignor or seller of the livestock. The fees for the additional service shall be established by regulation.


21062. All cattle shipped to a registered feedlot, licensed slaughterhouse, or licensed or posted livestock salesyard or market in this state for inspection at destination pursuant to this chapter shall be accompanied by a bill of sale, or certificate of consignment. The original document shall be presented to the inspector prior to the inspection of the cattle.


21064. A copy of the document required by Section 21062 shall be kept on file in the office of the registered feedlot, licensed slaughterhouse, or salesyard or market for a period of one year after the transaction.

21066. Except as otherwise provided in subdivisions (b) and (h) of Section 21051, all cattle transported within the state for pasture or feeding purposes with no change in ownership shall be accompanied by a certificate of consignment which contains the information specified in Section 21703.


21067. (a) The chief may issue an annual permit to allow cattle to be transported out of this state without the brand inspection required pursuant to this article under all of the following conditions: (1) The cattle are moved for pasture purposes. (2) The cattle are moved a distance of not more than 50 miles from the point of origin to the point of destination. (3) There is no change of ownership of the cattle. (b) The department may charge a fee to cover its costs in issuing and renewing the annual permit. The fee may not exceed one hundred dollars ($100). (c) The chief may, at any time, revoke a permit and require a brand inspection if he or she determines that this action is necessary to enforce this division.


21068. (a) The secretary may issue a special permit to allow cattle to be transported out-of-state directly for immediate slaughter only, without the brand inspection required pursuant to this article, if all of the following conditions exist: (1) The cattle were inspected previously in a registered feedlot. (2) The cattle are transported to a licensed slaughterer. (3) The cattle are accompanied by a permit document issued by the secretary. (b) The secretary may charge a fee to cover the costs of issuing or renewing an annual permit. The fee may not exceed one hundred dollars ($100). (c) The secretary may, at any time, revoke the permit and require a brand inspection if the secretary determines that this action is necessary to enforce this division.


21069. (a) The director may issue an annual release permit to allow cattle to be transported into another state without brand inspection if all of the following conditions exist: (1) The state of destination is contiguous to California and it has entered into an inspection agreement with California. (2) The shipping point is not more than 50 miles from the destination. (3) The cattle are transported to a public posted stockyard or saleyard. (4) The cattle are accompanied by a permit document issued by the director. (b) The director may charge a fee to cover the cost of issuing or renewing the permit in an amount not to exceed one hundred dollars ($100). (c) The director may, at any time, revoke the permit and require brand inspection if the director determines that this action is necessary to carry out the enforcement of this chapter.


Article 2. Feedlot Registration

Ca Codes (fac:21081-21084) Food And Agricultural Code Section 21081-21084



21081. The operator of a feedlot as defined in Section 20013 shall register each such feedlot with the director.


21082. Registration consists of filing of a registration application with the bureau which shall show the location of the feedlot, its capacity, the names and addresses of the owners, and any other information which the director may require. This registration shall be filed and approved by the director in order for a feedlot to receive cattle for inspection in accordance with subdivision (d) of Section 21051 and subdivision (a) of Section 21053, or to ship cattle in accordance with subdivision (a) of Section 21057. Feedlots operating on and after the effective date of this section shall have 15 days from that date in which to apply for registration.


21083. The director may cancel the registration of any feedlot from which cattle were shipped without the inspection required by subdivision (d) of Section 21051. When such cancellation occurs, the cattle from any such feedlot shall be inspected at slaughter in accordance with subdivision (e) of Section 21051.


21084. The director may cancel the registration of any feedlot in which the operator has not fed cattle for slaughter for a period of 90 days. When a feedlot has had its registration canceled for this reason, a new application shall be submitted to the Bureau of Livestock Identification for registration when cattle are again fed for slaughter.


Article 3. Modified Point-of-origin Inspection Areas

Ca Codes (fac:21111-21112) Food And Agricultural Code Section 21111-21112



21111. The secretary shall, by regulation, establish and maintain a modified point-of-origin inspection area whenever the cattle producers owning cattle in the affected area request the action by a two-thirds vote of those cattle producers, who are either property taxpayers, lessees, or residents of the affected area and who are present at a public hearing held at a central location in the area. The secretary shall hold a statewide hearing within sixty days of the passage of this act, and upon written request or petition signed by at least 25 cattle producers owning cattle in the affected area thereafter, to determine what areas wish to consider establishing a modified point-of-origin inspection area. Based on the testimony presented at these hearings, the secretary shall conduct local hearings in those areas where significant interest exists. The cost of each local hearing shall be borne by the producers in the area based on a written agreement between producers in the area and the secretary. Notice of the local hearing shall be publicized by the department at least 30 days prior to the hearing date through local publications and radio; shall be posted at all sales yards, slaughter plants and feedlots in the area; and shall be circulated to all known beef cattle and dairy cattle associations having producer members in the areas. The two-thirds vote of those attending pertains to these local hearings.

21111.5. Cattle producers owning cattle in the affected area may, upon written request or petition signed by at least 25 cattle producers owning cattle in that area, request that the secretary repeal regulations establishing a modified point-of-origin inspection area pursuant to Section 21111 in the manner prescribed by the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).


21112. A modified point-of-origin inspection area may consist of one or more counties or geographical areas.


Article 4. Point Of Origin Inspection Area

Ca Codes (fac:21141-21142) Food And Agricultural Code Section 21141-21142



21141. The secretary shall, by regulation, establish and maintain a full point-of-origin inspection area whenever the cattle producers owning cattle in the affected area request this action by a two-thirds vote of those present at a public hearing held at a central location in the area. The secretary shall hold the local public hearing upon the receipt of written requests or petitions signed by at least 25 cattle producers in the affected area.


21141.5. A full point-of-origin inspection area may consist of one or more counties or geographical areas.


21142. Cattle producers owning cattle in the affected area may, upon written request or petition signed by at least 25 cattle producers owning cattle in that area, request that the secretary repeal regulations establishing a full point-of-origin inspection area pursuant to Section 21141 in the manner prescribed by the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).


Article 5. Procedure

Ca Codes (fac:21171-21175) Food And Agricultural Code Section 21171-21175



21171. Inspection of cattle consists of the examination of the cattle for all brands and marks, and, in the case of unbranded cattle, for natural marks, sex, and breed. It also includes the issuance of a certificate of inspection.

21172. If inspection is required, the person that requests the inspection shall notify the inspector. The inspector shall make his inspection as soon as practicable after he is notified.


21172.2. The director may, by regulation, provide that any person who ships any cattle from a modified point-of-origin inspection area, for inspection at destination, is required to notify the local brand inspector prior to shipment of such cattle, if he finds, following a public hearing in the area, such requirement is needed to protect cattle owners from losses by theft or straying of their livestock.


21172.5. The brand inspection of cattle as provided for in this chapter shall be conducted in such a way as to minimize the disruption of normal cattle raising operations. Both the feedlot management and personnel and the brand inspector shall jointly handle the cattle at a time and in a manner that is not detrimental to the livestock involved. However, nothing in this section shall prevent any cattle from being brand inspected pursuant to Section 21051.


21173. If requested to do so, the person in charge of the animals shall furnish the inspector with a list of the brands and marks on them to the best of his ability.


21174. If, upon inspection, there is found any animal which does not bear the recorded brand of the person that presents the animal for inspection, such person shall show the inspector a bill of sale, certificate of inspection, dairy exemption number, or other proof of ownership of such animal.

21175. The shipper or person in charge of cattle being shipped or offered for inspection is responsible for sorting out stray animals and identifying such strays to the brand inspector prior to inspection. (a) Any expense for feed and transportation incurred in the recovery of stray animals shipped without inspection, or shipped for inspection at destination, without the knowledge and consent of the owner, shall be recovered from the person responsible for the shipment. (b) Any person failing to cut out or identify stray animals which are shipped without inspection or shipped for inspection at destination shall pay a penalty upon a first violation of fifty dollars ($50) for each animal; upon a second violation within the same 12-month period, a penalty of one hundred dollars ($100) for each animal; upon a third violation within the same 12-month period, a penalty of two hundred dollars ($200) for each animal; and upon the fourth or subsequent violation within the same 12-month period, a penalty of five hundred dollars ($500) for each animal to the Bureau of Livestock Identification which is in addition to any other penalty provided by law. (c) For purposes of determining subsequent violations, each shipment of cattle to a single destination point in one calendar day constitutes one violation.


Article 6. Certificate Of Inspection

Ca Codes (fac:21201-21208) Food And Agricultural Code Section 21201-21208



21201. It is unlawful for any inspector to issue a certificate of inspection unless he personally made the inspection between sunrise and sunset.

21202. If satisfied that the person that offers the cattle for inspection is in lawful possession of them, the inspector shall issue a certificate of inspection.


21203. The certificate of inspection shall be signed by the inspector and shall show all of the following: (a) The place and date of inspection and the number of animals inspected. (b) The sex, the brand, if any, on each branded animal recorded in the name of the owner of the animal, or the marks and brands under which the animal was offered for inspection, and such additional marks and brands as may be required by the chief. (c) The sex, natural marks, and breed of unbranded animals. (d) If the animals are to be transported, the names of the shipper and of the consignee and the origin and destination of the shipment. (e) If the animals are to be transported, the length of time necessary to move the shipment between the point of inspection and the point of destination. The inspector shall determine the amount of time needed for this purpose, based upon the information provided to him at the time of inspection. Such certificate shall only be valid for transportation purposes during the period of time specified thereon by the inspector.


21204. One copy of the certificate of inspection shall accompany the shipment.


21205. Unless the inspector who issued the certificate is notified and approves, it is unlawful for any person to remove any animal and substitute another for it, or to add other animals or take animals away from any lot of cattle for which a certificate has been issued until after the shipment or slaughter is completed.


21206. Cattle which are shipped for slaughter from either of the following points of origin may be inspected by the director without any charge prior to slaughter on a monitoring basis sufficient to assure that uninspected cattle are not being slaughtered: (a) Registered feedlots. (b) Public salesyards or livestock markets in this state that are licensed by the state or posted by the United States Department of Agriculture under the Packers and Stockyards Act. The director shall adopt the regulations necessary to implement this section.

21207. Whenever the director upon the inspection provided for by Section 21206 finds any cattle that have not been inspected in accordance with subdivisions (d), (f) and (g) of Section 21051, he shall inspect the cattle and charge for the inspection.


21208. In addition to any other penalty, any person who slaughters cattle at a slaughter plant without the brand inspection required by this chapter, shall pay a penalty fee of twenty-five dollars ($25) for each head of cattle so slaughtered.


Article 7. Duplicate Brand Inspection Certificates

Ca Codes (fac:21231-21238) Food And Agricultural Code Section 21231-21238



21231. Unless the shipment is released pursuant to Section 21233 or 21744, no common carrier, or owner or driver of any conveyance shall receive for transporation or transport any cattle until they have been inspected, and the carrier, owner, or driver has been furnished with duplicate brand inspection certificates that are signed by an inspector, which show all of the following: (a) Any brands and marks. (b) The names of the shipper and consignee. (c) The origin and destination of the shipment.


21232. The duplicate brand inspection certificate shall accompany to destination any cattle which are transported over a public thoroughfare.

21233. The chief may release, or provide for the release of, cattle without the inspection which is required by Section 21231, but inspection shall be made en route or at the point of destination. The owner shall keep such cattle segregated until they are inspected.


21236. Any brand inspection certificate which has been altered, defaced, or changed is void. An inspector may, however, indicate on an inspection certificate any number of cattle which are sold by the holder of the inspection certificate, if he signs and dates such alterations on the inspection certificate.


21237. Except as otherwise provided in Section 21236, it is unlawful for any person to alter, deface, or change any brand inspection certificate.

21238. Except as otherwise provided in Section 21236, it is unlawful for any person to possess, or present to an inspector or any peace officer, any brand inspection certificate that has been altered, defaced, or otherwise changed.


Article 8. Shipping Permits

Ca Codes (fac:21261) Food And Agricultural Code Section 21261



21261. The chief may provide for the issuance of shipping permits for inspected cattle which are shipped by railroad, or for cattle that are covered by one certificate of inspection, which are transported in more than one conveyance.


Article 9. Fees

Ca Codes (fac:21281-21292) Food And Agricultural Code Section 21281-21292



21281. All brand inspection fees are due and payable at the time of the inspection. The amount which is due for all inspections that are made shall be paid to the director within 30 days after the issuance of the brand inspection certificates by the inspector for the cattle which were inspected, unless there is on deposit with the bureau a bond in an amount and form which is approved by the chief or a cash deposit to cover the payment of the fees.


21281.5. In addition to other applicable fees, as provided by this chapter, the director may impose a service charge in an amount not to exceed ten dollars ($10) for each site at which an inspection is performed.

21282. Any fees which are due and payable for brand inspections which are not paid as required by this article may be recovered by the director pursuant to Section 281. Inspection services may be refused for nonpayment of prior services which have been rendered. When the brand inspection fees due are not paid in accordance with Section 21281, a penalty assessment shall be added to such fees and collected as follows: (a) When the brand inspection fees due are greater than twenty-five dollars ($25), then 20 percent of such fees shall be added to the inspection fees. (b) When the brand inspection fees due are twenty-five dollars ($25) or less, five dollars ($5) shall be added to the inspection fees.

21283. (a) Unless otherwise provided in this article, inspection fees shall be paid at the point of inspection. (b) The fee for inspection is one dollar and five cents ($1.05) for each animal which is inspected, except as follows: (1) The fee for inspection at a registered feedlot, as defined in Section 20015, is fifty-four cents ($0.54) for each animal which is inspected. (2) The fee for inspecting any animal which originated in another state and was shipped into this state for feeding direct to a registered feedlot is thirty-six cents ($0.36) for each animal which is inspected. (3) The fee for inspecting an animal which was inspected at a posted stockyard or posted saleyard in this state and shipped direct to a registered feedlot is thirty-six cents ($0.36) for each animal which is inspected.


21283.5. Except as otherwise provided in this article, on all private treaty transaction inspections, as defined in Section 20026, regardless of destination, the fee of one dollar and five cents ($1.05) shall be paid at the point of inspection for each animal which is inspected.


21284. A charge shall not be made for the inspection of suckling calves which are accompanying their mothers if they are transported for purposes other than for sale or slaughter and without a change in ownership.

21285. The fee is one dollar and five cents ($1.05) for the inspection before sale of each animal at a public saleyard which is posted by the Secretary of Agriculture of the United States or at a public saleyard if the animal originated in another state and it was shipped to this state, consigned to that public stockyard or public saleyard.


21288. In a modified point-of-origin inspection area, as provided in Section 21111, the fee for the inspection of cattle, other than suckling calves which are accompanying their mothers, is one dollar and five cents ($1.05) per head if the cattle are transported out of the area for purposes other than sale or slaughter and no change of ownership is involved.


21288.5. For cattle, other than suckling calves accompanying their mothers, transported out of the state for purposes other than sale or slaughter and where no change of ownership is involved the inspection fee is one dollar and five cents ($1.05) per head.


21289. The fee for the inspection of cattle which originated in any county or geographical area where a full point-of-origin inspection is maintained pursuant to Article 4 (commencing with Section 21141) shall be established by the director, upon recommendation of the Livestock Identification Advisory Board, in an amount sufficient to cover the actual costs incurred by the bureau in performing the inspection. A fee shall not be charged for any suckling calves which are accompanying their mothers if they are not shipped for sale or slaughter and no change of ownership is involved. Cattle moving out of a full point-of-origin area to a destination inspection point are exempt from the destination inspection fee. However, these cattle are subject to further inspection.


21290.5. Any person who receives cattle from any cattle sale market, either public or private, including any public stockyard where sales of cattle are held, may, upon request and upon payment of a fee of seventy cents ($0.70) per head before accepting delivery of any cattle from that market or stockyard, have a reinspection of the cattle.


21291. The fees which are provided in Article 9 (commencing with Section 21281) and Article 5 (commencing with Section 21561) may be: (a) Lowered by the director, based upon a finding and recommendation of the Livestock Identification Advisory Board, whenever they determine that the cost of administering and enforcing the provisions of this division may be maintained with a lower fee. (b) Increased, by an amount not to exceed 20 percent of the statutory fee, by the director upon the recommendation of the Livestock Identification Advisory Board whenever they determine that the costs of administering and enforcing the provisions of this division require a greater fee. The advisory board must approve any increase in fees by a two-thirds vote of its entire membership.


21292. (a) The Bureau of Livestock Identification is authorized to enter into a Memorandum of Understanding with any purebred cattle producer or breeder for purposes of pre-inspection of purebred bulls, or 4H or Future Farmers of America project calves, that are for sale within the state. (b) The Memorandum of Understanding shall contain, but is not limited to, all of the following: (1) All bulls and project calves for sale must be identified. (2) All bulls and project calves must be placed into and remain in, an enclosure designated as a selling pen. (3) All bulls and project calves shall be inspected and identified by a Brand Inspector. (4) When bulls or project calves are sold, the seller shall furnish the purchaser with a fully completed Bill of Sale or Consignment, including identification numbers for all bulls or project calves. (5) The seller shall mail a duplicate copy of the Bill of Sale or Consignment to the Brand Inspector with a stamped envelope bearing the purchaser's complete name and address. (6) The Brand Inspector shall then issue a Brand Inspection Certificate and mail it to the purchaser. (7) Brand inspection fees shall be paid on each certificate issued. The Brand Inspector shall collect fees for the certificates as they are issued. (8) The Brand Inspector shall be contacted and a Brand Inspection Certificate issued before the animal leaves the seller's premises for any bull or project calf that is sold and is to be transported out of the state. (9) Each Memorandum of Understanding shall expire one year from the date that the completed document is dated. (c) There shall be signature blocks for the producer or breeder, the Brand Inspector, and the Regional Brand Inspector, and dates for when the signatures are made. There shall also be a date for the document. (d) This memorandum of understanding may be discontinued by the Chief of the Bureau of Livestock Identification upon a finding by the chief that any provision is not being met, or at any time that the chief determines that further action is necessary in order to satisfy brand inspection requirements and the integrity of the program set forth in Chapter 6 and Chapter 7 of Division 10.


Article 10. Records And Memorandums

Ca Codes (fac:21321-21323) Food And Agricultural Code Section 21321-21323



21321. The inspector shall make a memorandum which shows the number, sex, brands, or marks on each animal which is inspected, and the names of the owner or claimant, consignor, and consignee.


21322. The memorandum of the inspection shall be retained for record purposes by the inspector for at least two years after the date of the inspection.

21323. The bureau shall maintain for a period of five years a file of brand inspection certificates in such manner as to disclose the number of cattle which have been inspected.


Chapter 7. Inspection Of Hides And Carcasses

Article 1. Requirements

Ca Codes (fac:21451-21459) Food And Agricultural Code Section 21451-21459



21451. Except as otherwise provided in this chapter, inspection of carcasses with the hide on and of hides shall be made in the same manner as inspection of cattle pursuant to Chapter 6 (commencing with Section 21051) of this division.

21452. The chief may provide for the release of hides or carcasses from inspection in cases in which inspection would serve no useful purpose.

21453. A new inspection need not be made of the hide or carcass of an animal which was previously inspected as follows: (a) Inspected pursuant to subdivision (e) of Section 21051. (b) Inspected pursuant to subdivisions (d), (f) and (g) of Section 21051 and slaughtered in accordance with Section 21057. (c) Inspected pursuant to Section 22004 and subdivision (c) of Section 22008.

21455. Every person not a licensed slaughterer that slaughters any cattle or calves and does not send the carcass and hide to a licensed frozen food locker plant pursuant to Section 22003 shall do all of the following: (a) Keep in his possession the hide, with the brands attached to it, without any alteration or disfiguration, until the hide is inspected or released. (b) Exhibit the hide to any inspector or peace officer on demand.


21456. A person shall not have in his possession a carcass or any meat from a carcass which was not slaughtered by a licensed slaughterer, unless he has in his possession and exhibits to any inspector or peace officer on demand one of the following: (a) The hide of the animal from which the meat was obtained, with the ears and the brands attached to it, without alteration or disfiguration. (b) A certificate of inspection or release of the hide or of the carcass with the hide on it, which was issued pursuant to this article.

21457. A person shall not remove any evidence of inspection from a hide until after it has been partially tanned.


21458. A person shall not sell, give away, deliver, transport, buy, accept, or receive the hide of any animal unless the hide has been inspected or released.

21459. A person shall not obliterate, alter, or remove a brand which is on a hide, or burn or in any manner destroy the hide until it has been inspected or released.


Article 2. Procedure

Ca Codes (fac:21482) Food And Agricultural Code Section 21482



21482. If, upon inspection, there is found any carcass or hide which does not bear the recorded brand of the person that presents the carcass or hide for inspection, such person shall show the inspector a bill of sale, certificate of inspection, or other proof of ownership of such carcass or hide.


Article 4. Duplicate Brand Inspection Certificates

Ca Codes (fac:21531-21532) Food And Agricultural Code Section 21531-21532



21531. Unless the shipment is exempted under Section 21453 or released pursuant to Section 21532, no common carrier, or owner or driver of any conveyance shall receive for transportation or transport any hide or carcass until it has been inspected and the carrier, owner, or driver has been furnished with a duplicate brand inspection certificate that is signed by an inspector, which shows all of the following: (a) Any brand and mark. (b) The name of the shipper and consignee. (c) The origin and destination of the shipment.


21532. The chief may release, or provide for the release of, any carcass or hide without the inspection which is required by Section 21531. Inspection shall, however, be made en route or at point of destination.


Article 5. Fees

Ca Codes (fac:21561-21565) Food And Agricultural Code Section 21561-21565



21561. All brand inspection fees are due and payable at the time of the inspection. The amount which is due for all inspections that are made shall be paid to the inspector within 30 days after the issuance of the brand inspection certificates for the hides or carcasses which were inspected unless there is on deposit with the bureau a bond in an amount and form which is approved by the chief or a cash deposit to cover the payment of those fees.


21562. Any fees which are due and payable for brand inspections that are made which remain unpaid or are not paid as required by this article may be recovered by the director pursuant to Section 281. Inspection services may be refused for nonpayment of prior services which have been rendered.


21563. Except as otherwise provided in this article, the fee shall be paid at the point of inspection and is one dollar and forty-four cents ($1.44) for each carcass or hide which is inspected.


21563.5. The fee for the inspection of each carcass or hide shall be one dollar and forty-four cents ($1.44) for each carcass and hide originating in those counties or geographical areas where a point-of-origin inspection is maintained pursuant to Article 4 (commencing with Section 21141) of Chapter 6.


21565. A charge shall not be made for the inspection of any hide which has been previously inspected pursuant to this chapter.


Article 6. Reports

Ca Codes (fac:21591) Food And Agricultural Code Section 21591



21591. The bureau shall maintain for a period of five years a file of brand inspection certificates in such manner as to disclose the number of carcasses or hides which have been inspected.


Chapter 8. Sale And Gift Of Cattle, Their Carcasses And Hides

Article 1. Bills Of Sale

Ca Codes (fac:21701-21710) Food And Agricultural Code Section 21701-21710



21701. As used in this article, "animal" includes: (a) A bovine animal. (b) The carcass of a bovine animal from which the hide has not been removed. (c) The hide of a bovine animal.


21702. No person shall buy, sell, or accept any animal, unless the seller or donor gives, and the buyer or donee receives, at the time of the delivery of the animal, a written bill of sale or written instrument from the owner, or his or her agent, that gives the number, kind, breed, and sex, and, if branded, the brand and location of the brand on each animal.


21702.1. Any person who sells or otherwise transfers title to any cattle or calves to another person shall remit to the director within 30 days of that sale, the beef council fees required under Section 64691, together with a copy of the bill of sale, unless these fees have been collected pursuant to a brand inspection as provided for in Section 64691.7.


21703. Except as provided in Section 21058, bills of sale or consignment required by any provision of Division 9 (commencing with Section 16301) or Division 10 (commencing with Section 20001) shall be made on the "Bill of Sale or Consignment" form approved by the director, and shall state all of the following information for animals sold or consigned: (a) The date of sale or consignment. (b) The loading point. (c) The name and address of the owner or the consignor, or both. (d) The destination. (e) The number and description of the animals including their brands, if any. (f) The name and address of the buyer or consignee, or both. (g) The name of the transporter or carrier and the license number of the vehicle used to transport the animals. (h) The signature of the owner or his authorized agent.


21704. The failure of the seller or donor to give a written bill of sale or written instrument to the buyer or donee has no effect upon the validity of any sale or contract of sale or gift of an animal nor upon the rights of either the buyer, donee, seller, or donor.


21705. If by any provision of this division a certificate, bill of sale, or other document is required to accompany any shipment of animals, nothing in this division shall be construed to make the carrier, driver, or any person other than the shipper responsible for the accuracy of the information required in the document. The person transporting is, however, responsible for having the documents required by this division in possession during shipment, and the driver shall deliver such document to the person receiving the cattle at destination so it can be presented to the inspector prior to inspection.

21706. Any invoice of sale or bill of sale which has been altered, defaced or changed is void. An inspector may, however, indicate on a bill of sale any number of cattle which are sold by the holder of the bill of sale, if he initials and dates such alterations on the bill of sale.

21707. Except as otherwise provided in Section 21706, it is unlawful for any person to alter, deface or change any invoice of sale or bill of sale.

21708. An auctioneer shall not offer any milking cow for sale at any auction sale of cattle unless the milking cow has been milked out and stripped within 12 hours of the time such offer to sell the cow takes place.

21709. Except as otherwise provided in Section 21706, it is unlawful for any person to possess, or to present to an inspector or peace officer, any invoice of sale or bill of sale that has been altered, defaced, or otherwise changed.

21710. It is unlawful for any person to falsify any of the bill of sale information required by Sections 21702 and 21703, or to present such falsified documents to an inspector or peace officer.


Article 2. Public Salesyards

Ca Codes (fac:21731-21751) Food And Agricultural Code Section 21731-21751



21731. Stockyards which are posted by the United States Department of Agriculture under the Packers and Stockyards Act (7 U.S.C., Sec. 181 et seq.), agricultural fairs, 4-H Clubs, Future Farmers, Junior Farmers, and associations which sponsor purebred cattle sales for their members are exempt from the license provisions of this article.


21732. The license and bond provisions of this article do not apply to the sale by an auctioneer of cattle on the premises of the owner of the cattle whether or not such a sale includes the sale of cattle of other livestock owners in the vicinity of such premises. If, however, an animal which does not belong to the owner of the premises is auctioned, the auctioneer shall specifically designate the person that is the owner of the animal.


21733. A person shall not engage in the business of selling cattle at a public salesyard unless he has done all of the following: (a) Obtained a license from the bureau to carry on such business at each such salesyard. (b) Executed for each such salesyard a bond to the state in the sum of one thousand dollars ($1,000).


21734. The bond required pursuant to Section 21733 is subject to the approval of the director and shall be conditioned as follows: (a) That the person shall not sell any cattle unless he is the owner of the cattle or is authorized to sell them by the owner. (b) That, if he does sell any cattle which he does not own without authorization from the owner, he shall, in addition to all other statutory penalties, pay the value of the animals.


21735. Any amount which is recovered upon the bond shall be paid to the owner of the animal.


21736. The bureau shall grant to every applicant that complies with this article and the regulations which are adopted pursuant to it, a separate license to operate each salesyard for the balance of the current calendar year upon the payment of a fee of one hundred dollars ($100) for each salesyard.


21737. A permit shall be granted by the bureau to change the address or location of a previously licensed salesyard. No additional license fee or bond shall be collected for issuing a permit to change the address or location.

21738. Each such license shall be renewed on or before the first day of each succeeding calendar year. The renewal fee is one hundred dollars ($100) for each salesyard.


21743. Any person that is engaged in the business of selling cattle on consignment at any public stockyard, public salesyard, or public cattle sales market shall prepare a certificate of consignment on or before the day of a sale which contains all of the following: (a) The name and address of the owner. (b) The name and address of the consignee. (c) A description of each animal which shall indicate the sex, the breed and, in the case of branded animals, the brand and brand location. (d) Signature of the owner or his agent. The certificate of consignment shall be kept by the seller for a period of one year after the date of sale. Any such certificate shall be exhibited on the demand of any peace officer or any agent of the department.


21744. Cattle shall not be released from a public stockyard, public salesyard, public cattle sales market, or any other public consignment sale or private auction sale unless they are accompanied by a brand inspection certificate or by a press-numbered bill of sale or a press-numbered certificate of sale that is issued and signed by a representative of the salesyard, as agents for the consignor.


21745. The press-numbered bill of sale or press-numbered certificate of sale that is required pursuant to Section 21744 shall contain all of the following information on a form that is approved by the chief: (a) Date of sale. (b) Name and address of the buyer. (c) Description of each animal that is sold that includes its brands and brand location, sex, and breed of unbranded animals. (d) Origin and destination of the animals. (e) The name of the person conducting the sale. The press-numbered bill of sale or press-numbered certificate of sale shall be kept by the seller for a period of one year after the date of sale. Any such document shall be exhibited on the demand of any peace officer or any agent of the department.


21746. The director may make regulations which govern the brand inspection of cattle at public salesyards, public stockyards and at private cattle auction sales. The regulations may provide a schedule of fees to cover the cost of inspection of cattle at such salesyards and stockyards, and private sales. In establishing the fee schedule the director shall take into consideration the brand inspection fees collected. The payment of the fees established by the director shall be the obligation of the operator of the salesyard, stockyard, or private sale and shall not be an added charge to the consignor or seller of the livestock.

21747. It is unlawful for any person to sell cattle at a public salesyard or release cattle from public salesyards unless an inspector has made a brand inspection of animals which are consigned or shipped to such yard.

21748. It is unlawful for any person to release any cattle which are sold at public auction unless the required brand inspection certificate has been prepared by the inspector in advance of the release of the cattle from the premises where the auction was conducted.


21749. Except as otherwise provided in Section 21750, any person that engages as a business in the sale of cattle at a public salesyard without a license is, in addition to all other penalties, liable to a penalty of twenty-five dollars ($25) and an additional penalty of one dollar ($1) per day for every day he has operated a public salesyard without a license.


21750. Any public cattle salesyard operator that has had a previous license and continues to operate a public salesyard after the expiration of his license is not required to pay penalties pursuant to Section 21749 if he applies for a new license within 30 days after the expiration of his license.


21751. (a) If cattle sold at a public auction have a dairy exemption number, the auctioneer shall announce at the sale that those cattle are being sold under the dairy exemption number provision and must go directly to slaughter. (b) Any person who buys cattle under a dairy exemption number at a public auction and fails to send those cattle directly to slaughter is guilty of a public offense punishable by a fine not exceeding one hundred dollars ($100) per incident for the first violation, not exceeding two hundred fifty dollars ($250) per incident for a second violation, and not exceeding five hundred dollars ($500) per incident for a third or subsequent violation. These penalties shall take effect on July 1, 2007. Prior to that date, the department shall notify salesyard managers and dairy producers at salesyards that it is a violation of law to neglect to send cattle covered by this section directly to slaughter, and issue oral or written warnings for noncompliance.


Chapter 9. Injury To, Or Theft Of, Cattle

Article 1. Driving Cattle From Their Range

Ca Codes (fac:21851-21856) Food And Agricultural Code Section 21851-21856



21851. As used in this article, "range" means the enclosed or unenclosed lands outside of cities, towns, and villages in this state, whether of the public domain or in private ownership, upon which by custom, license, or otherwise, cattle are kept or permitted to roam and feed.


21852. Any person that is not the owner or does not have the right of possession of any cattle, that is found driving such cattle off its usual range, without the consent of the owner, is guilty of grand theft.

21855. Notwithstanding any other provision of law, in any action for the wrongful taking, possessing, harboring, or transporting of cattle, for the driving of cattle off their usual range, or for the killing or slaughter of cattle without the consent of the owner or the person lawfully in possession of such cattle, the detriment caused thereby to the plaintiff shall be four times the value of the cattle at the time of the taking, possessing, harboring, transporting, or driving, or killing or slaughtering thereof, with interest from that time, plus an amount in fair compensation for the time and money properly expended by the plaintiff in pursuit of the cattle. The provisions of this section shall not apply to a secured party, as defined in paragraph (72) of subdivision (a) of Section 9102 of the Commercial Code, when taking possession of cattle pursuant to a security agreement if one of the following conditions has been met prior to movement of any such cattle: (a) The secured party has requested and received a brand inspection of the cattle covered by the security agreement pursuant to Sections 21051.5 and 21171 of this code. (b) The secured party has requested the inspection required by subdivision (a) and due to an insufficient amount of time to inspect the cattle prior to their movement, the brand inspector agrees to allow movement of the cattle, with inspection of such cattle to be made at their first destination prior to their commingling with any other cattle. The inspection performed pursuant to subdivision (a) or (b) shall be conducted for the sole purpose of assuring that the cattle that are moved are the same cattle subject to the security agreement. In a proper case, which shall include the killing or slaughter of cattle, exemplary damages may be awarded to the plaintiff as provided in Section 3340 of the Civil Code. The commencement of any criminal prosecution for grand theft of cattle shall not preclude or prevent the commencement of any civil action for damages, as specified in this section.


21856. (a) The judge before whom any person is tried for the wrongful taking, possessing, killing, or slaughter of cattle without the consent of the owner or the person lawfully in possession of those cattle may, upon the conviction of the person tried, order the forfeiture of any device or apparatus that is designed to be, or is capable of being, used to commit the offense charged, and which was used in committing the offense charged. "Device or apparatus" includes, but is not limited to, any vehicle that is used or intended for use in taking, possessing, harboring, or transporting the cattle. (b) Any device or apparatus ordered forfeited shall be sold, used, or destroyed by the department. (c) The provisions in this section authorizing a judge to order the forfeiture of a device or apparatus are also applicable to the judge, referee, or juvenile hearing officer in a juvenile court action brought under Section 258 of the Welfare and Institutions Code. (d) For purposes of this section, a plea of nolo contendere or no contest, or forfeiture of bail, constitutes a conviction. (e) Neither the disposition of the criminal action other than by conviction nor the discretionary refusal of the judge to order forfeiture upon conviction impairs the right of the department to commence proceedings to order the forfeiture of property pursuant to any other provision of law.


Article 2. Livestock Killed Or Injured On Railroads

Ca Codes (fac:21881-21886) Food And Agricultural Code Section 21881-21886



21881. If any animal is killed or injured upon the right-of-way of any railroad in this state, the owner or operator of the railroad equipment injuring or killing the animal shall report it as soon as possible, but in no event later than 96 hours after the collision.


21882. The report shall contain all of the following: (a) A description of the animal. (b) The brands and marks and the position of the brands and marks, if any, upon the animal. (c) The location of the animal. (d) The location of the point of collision, listing the county, the nearest post office, and milepost.


21883. The report shall be given by telephone, telegraph, or mail to the owner of the animal if known. If the owner of the animal is unknown, the report shall be given to the office of the sheriff or brand inspector whose office or established headquarters is, to the knowledge of the railroad employee who makes the report, the nearest to the place of the collision.


21884. Reports by telephone shall be confirmed within 24 hours by telegraph or mail to the office of the sheriff. A copy shall be sent to the bureau.

21885. Upon receiving the report the officer or brand inspector shall attempt to ascertain the ownership of the dead or injured animal and notify the owner of the death or injury of the animal.


21886. It is unlawful for any person to bury, conceal, or destroy any animal, or do anything to the carcass of any animal, which will tend to make ascertainment of its ownership more difficult until the owner has been notified or the officer or brand inspector has identified the brands and marks, if any, and their position upon the animal.


Chapter 10. Slaughter Of Cattle

Article 1. Generally

Ca Codes (fac:22001-22010) Food And Agricultural Code Section 22001-22010



22001. Except as otherwise provided in this chapter, a person shall not slaughter, or request or hire any person that is not a licensed slaughterer to slaughter, any bovine animal.


22001.5. The Legislature finds and declares that mobile slaughter operators who perform the service of slaughtering cattle for the owner of the cattle on the owner's premises are not licensed slaughterers pursuant to this chapter. However, on and after January 15, 1998, a mobile slaughter operator shall be registered with the bureau as an unlicensed mobile slaughterer pursuant to Section 22037 and is subject to Section 22008.


22002. Any producer of cattle may slaughter or have slaughtered for him on his own premises, in small numbers, cattle of his own production and raising on his own premises for use exclusively by him, members of his household and his nonpaying guests and employees.


22003. Cattle which are slaughtered by or for the producer of the cattle at his premises and for his own consumption may be transported with the hide on, after complete removal of the viscera, head, and feet, to any licensed frozen food locker plant to be skinned, split, and quartered by the operator of the plant.

22004. Carcasses and hides received by the licensed frozen food locker plant or processor shall be identified in a manner prescribed by regulation and inspected, or released, by the brand inspector. It shall be the responsibility of the person who slaughtered the animal to identify each carcass and hide. Operators of licensed frozen food locker plants or processors shall only receive a carcass when the hide and carcass have been properly identified in accordance with this provision. The director shall adopt the regulations reasonably necessary for implementing this section.


22004.1. It is the responsibility of the person who slaughters an animal and delivers the carcass to a licensed frozen food locker plant or processor pursuant to Section 22003 or 22004 to obtain a brand inspection of the hide prior to moving it beyond the first point of sale.


22005. The skinning, splitting, and quartering of the cattle slaughtered pursuant to Section 22002 at a licensed frozen food locker plant are not required to be performed by a licensed slaughterer.


22006. The licensed frozen food locker plant operator shall maintain a record of every transaction which involves uninspected meat for a period of five years. The record shall show the name of the producer of the cattle and the number of carcasses which were delivered by the producer.


22007. Any owner or producer of livestock may have them inspected and slaughtered by a licensed slaughterer. The owner or producer may, thereafter, sell the meat from those livestock.


22008. Every person that is not a licensed slaughterer that slaughters cattle shall do all of the following: (a) Keep a record in a book which he or she keeps for that purpose of all cattle that are slaughtered by him or her. The record shall include the name, address, and telephone number of the person for whom the cattle are slaughtered, a full description of the cattle, including the brands and marks, the date of slaughter, and the name and location of the food locker to which the slaughtered animal is, or the slaughtered animals are, delivered for butchering. (b) Exhibit the record book on demand of any inspector or peace officer. (c) Notify a brand inspector within 24 hours if he slaughters a bovine animal and does not deliver the carcass and hide to a frozen food locker plant licensed pursuant to Chapter 7 (commencing with Section 112500) of Part 6 of Division 104 of the Health and Safety Code.

22009. Any person who is requested to custom cut or otherwise process for another person any meat from a bovine animal that was not slaughtered by a licensed slaughterer pursuant to Article 2 (commencing with Section 22031) of this chapter, or which was not slaughtered in accordance with either Section 22004 or 22008, shall, before cutting or processing the meat, notify a brand inspector that such meat has been received.


22010. Any person receiving meat pursuant to Section 22009 shall keep a record in a book which he keeps for that purpose that discloses the following information on all such meat received: (a) The name, address, and telephone number of the person delivering the meat. (b) The license number of the vehicle used in delivering the meat. (c) The date the meat was received. Such person shall keep these records for one year and shall exhibit the records upon demand of any inspector or peace officer.


Article 2. Licensed Slaughterers

Ca Codes (fac:22031-22049) Food And Agricultural Code Section 22031-22049



22031. A person shall not engage in the business of slaughtering cattle unless the person has been issued a grant of inspection by the United States Department of Agriculture Food Safety and Inspection Service, except that this requirement does not apply to rendering plants.


22037. (a) A mobile slaughter operator, as provided in Section 22001.5, shall file a registration with the bureau that shows the names and addresses of the owners of the unlicensed mobile slaughterer and any other information the secretary may require. (b) The registration shall be filed with the bureau before a mobile slaughter operator may slaughter cattle pursuant to Section 22001.5. (c) After notice and hearing, the secretary may cancel the registration of any unlicensed mobile slaughterer for failing to comply with Section 22001.5 or 22008.

22044. Every licensed slaughterer of cattle shall have on file in his office prior to slaughter and shall keep for one year after slaughter, the original bill of sale of cattle which are purchased by him or a consignment slip on cattle which are consigned to him or the certificate of inspection of all cattle which are slaughtered by him.


22045. Every licensed slaughterer that slaughters cattle where inspection prior to slaughter is impossible or impractical shall keep a record which sets forth the name of the person from whom the cattle were purchased and identifies them as to color, age, weight, sex, and brand, if any. The record shall be open to inspection by any agent of the department or peace officer.


22046. Every licensed slaughterer that does not have brand inspection prior to slaughter on each day on which he slaughters, and whose hides are not inspected during the month, shall on or before the 15th day of each month mail to the bureau a written report which shows in separate columns all of the following: (a) The number of calves, cows, steers, stags, and bulls which were slaughtered during the preceding calendar month. (b) The number which he slaughtered on each date. (c) From whom the animals were purchased. (d) The date of purchase. (e) The brands on branded cattle and the sex and breed of unbranded cattle.


22047. It is unlawful for a licensed slaughterer to allow anyone to slaughter cattle at the licensee's plant, except a person that is licensed to slaughter there or an employee of such person.


22048. If a licensed slaughterer desires to change to another location, the person shall notify the bureau of the relocation.


22049. It is unlawful for a licensed slaughterer to slaughter cattle at any place other than a slaughterhouse at which he is licensed to slaughter.


Article 3. Purchase And Sale Of Meat

Ca Codes (fac:22081-22086) Food And Agricultural Code Section 22081-22086



22081. A wholesaler of meat shall not purchase the meat of any animal except from any of the following: (a) A licensed slaughterer. (b) Another wholesaler having an established place of business. (c) An owner or producer of livestock which are slaughtered pursuant to Section 22007.


22082. A peddler or retailer of meat shall not purchase the meat of an animal from any person not known to him to be a licensed slaughterer, or a regular wholesale dealer in meat that has an established place of business, except that he may purchase from the owner or producer of an animal the meat of the animal if it was inspected and slaughtered pursuant to Section 22007.


22083. Every peddler or retailer of meat that purchases the meat of any animal shall enter all of the following in a book which he keeps for that purpose and exhibit it on demand to any agent of the department or any peace officer: (a) The name and address of the person from whom the meat was purchased or obtained. (b) The date of purchase and the price which was paid. (c) An itemized description of the weight and quantity which was purchased. (d) The time and place of the delivery of the meat.


22084. A person, other than a regular wholesaler of meat that has an established place of business or a licensed slaughterer, shall not give, sell, or deliver to any peddler of meat any part of the carcass of an animal. This section does not apply to the meat of an animal inspected and slaughtered pursuant to Section 22007.


22086. It is unlawful for any person to misrepresent the type, kind, or quality of a dressed carcass of any animal or part of such carcass, or the sex, age, or quality of any animal the meat of which is sold.


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