Food and Agricultural Code — Part 1 | FAC — United States — California law | Esheria

Food and Agricultural Code

Part 1 of 48 · provisions 1–200

This section says the act is to be known as the “Food and Agricultural Code.”

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A person may not alter a record or document filed in a commissioner’s office under this code unless the commissioner or an authorized deputy approves it. The department may establish and maintain tuberculosis control areas within this state. When the department establishes a tuberculosis control area, the affected industry must be notified. The State Veterinarian may authorize testing of cattle in a tuberculosis control area to identify animals affected with tuberculosis. Owners of cattle in a tuberculosis control area must, when the department asks, provide facilities and help for tuberculosis testing.

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Provisions of Food and Agricultural Code

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  1. 1.

    ## Food and Agricultural Code - FAC ## GENERAL PROVISIONS AND DEFINITIONS ( General Provisions enacted by Stats. 1967, Ch. 15. )

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    This section says the act is to be known as the “Food and Agricultural Code.”

    ## Food and Agricultural Code - FAC ## GENERAL PROVISIONS AND DEFINITIONS ( General Provisions enacted by Stats. 1967, Ch. 15. ) ## 1. This act shall be known as the “Food and Agricultural Code.” (Amended By Stats. 1972, Ch. 225.)
  2. 10.

    ## Food and Agricultural Code - FAC ## GENERAL PROVISIONS AND DEFINITIONS ( General Provisions enacted by Stats. 1967, Ch. 15. )

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    If this code requires a notice, report, statement, or record, it must be in writing unless the code expressly allows it to be oral.

    ## Food and Agricultural Code - FAC ## GENERAL PROVISIONS AND DEFINITIONS ( General Provisions enacted by Stats. 1967, Ch. 15. ) ## 10. Whenever any notice, report, statement, or record is required by this code, it shall be in writing unless it is expressly provided that it may be oral. (Enacted by Stats. 1967, Ch. 15.)
  3. 10.5.

    ## Food and Agricultural Code - FAC ## GENERAL PROVISIONS AND DEFINITIONS ( General Provisions enacted by Stats. 1967, Ch. 15. )

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    A person may not alter a record or document filed in a commissioner’s office under this code unless the commissioner or an authorized deputy approves it.

    ## Food and Agricultural Code - FAC ## GENERAL PROVISIONS AND DEFINITIONS ( General Provisions enacted by Stats. 1967, Ch. 15. ) ## 10.5. It is unlawful for any person to alter any record or document in the office of a commissioner required to be filed pursuant to any provision of this code or pursuant to rules and regulations authorized by this code, without the approval of the commissioner or an authorized deputy. (Added by Stats. 1987, Ch. 733, Sec. 1.)
  4. 10001.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Tuberculosis Control Areas [10001 - 10007] ( Article 5 enacted by Stats. 1967, Ch. 15. )

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

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Tuberculosis Control Areas [10001 - 10007] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 10001. The department may establish and maintain tuberculosis control areas within this state. (Enacted by Stats. 1967, Ch. 15.)
  5. 10003.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Tuberculosis Control Areas [10001 - 10007] ( Article 5 enacted by Stats. 1967, Ch. 15. )

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

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Tuberculosis Control Areas [10001 - 10007] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 10003. When the department establishes a tuberculosis control area, the affected industry shall be notified. (Amended by Stats. 2004, Ch. 246, Sec. 31. Effective August 23, 2004.)
  6. 10004.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Tuberculosis Control Areas [10001 - 10007] ( Article 5 enacted by Stats. 1967, Ch. 15. )

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    The State Veterinarian may authorize testing of cattle in a tuberculosis control area to identify animals affected with tuberculosis.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Tuberculosis Control Areas [10001 - 10007] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 10004. The State Veterinarian may authorize the testing of any cattle in a tuberculosis control area to determine which animals are affected with tuberculosis. (Repealed and added by Stats. 2004, Ch. 246, Sec. 33. Effective August 23, 2004.)
  7. 10006.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Tuberculosis Control Areas [10001 - 10007] ( Article 5 enacted by Stats. 1967, Ch. 15. )

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    Owners of cattle in a tuberculosis control area must, when the department asks, provide facilities and help for tuberculosis testing.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Tuberculosis Control Areas [10001 - 10007] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 10006. All owners of cattle within a tuberculosis control area that are subject to examination and tuberculosis testing shall, upon request of the department, provide necessary facilities for conducting tuberculosis tests, and render such assistance as may be required. (Amended by Stats. 2004, Ch. 246, Sec. 35. Effective August 23, 2004.)
  8. 10007.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Tuberculosis Control Areas [10001 - 10007] ( Article 5 enacted by Stats. 1967, Ch. 15. )

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    Cattle entering a tuberculosis control area must meet requirements set by the State Veterinarian.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Tuberculosis Control Areas [10001 - 10007] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 10007. Cattle moving into a tuberculosis control area must meet the requirements specified by the State Veterinarian. (Repealed and added by Stats. 2004, Ch. 246, Sec. 37. Effective August 23, 2004.)
  9. 10061.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Slaughter of Reacting Bovine Animals [10061 - 10071] ( Article 7 enacted by Stats. 1967, Ch. 15. )

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    The State Veterinarian may impose a quarantine for a bovine animal that tests positive for tuberculosis or is found to be tuberculous on physical examination.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Slaughter of Reacting Bovine Animals [10061 - 10071] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 10061. The State Veterinarian may impose a quarantine pursuant to Section 9562 when any bovine animal reacts positively to a tuberculosis test conducted by an approved veterinarian or a duly authorized representative of the department or of the United States Department of Agriculture, or determined to be tuberculous upon physical examination. (Amended by Stats. 2004, Ch. 246, Sec. 41. Effective August 23, 2004.)
  10. 10062.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Slaughter of Reacting Bovine Animals [10061 - 10071] ( Article 7 enacted by Stats. 1967, Ch. 15. )

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    The value of a reacting bovine animal paid for by indemnity must be determined under Sections 9592 and 9593.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Slaughter of Reacting Bovine Animals [10061 - 10071] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 10062. The value of the reacting bovine animal for which indemnity is paid shall be determined in accordance with the provisions in Sections 9592 and 9593. (Amended by Stats. 2004, Ch. 246, Sec. 42. Effective August 23, 2004.)
  11. 10063.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Slaughter of Reacting Bovine Animals [10061 - 10071] ( Article 7 enacted by Stats. 1967, Ch. 15. )

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    A reacting bovine animal must be slaughtered within 30 days after appraisal, and the slaughter must be supervised by the State Veterinarian.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Slaughter of Reacting Bovine Animals [10061 - 10071] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 10063. Within 30 days after the appraisal of the reacting bovine animal, it shall be slaughtered under the supervision of the State Veterinarian. (Amended by Stats. 2004, Ch. 246, Sec. 43. Effective August 23, 2004.)
  12. 10064.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Slaughter of Reacting Bovine Animals [10061 - 10071] ( Article 7 enacted by Stats. 1967, Ch. 15. )

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    Animals must be tested or slaughtered under this article even if indemnity funds are unavailable.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Slaughter of Reacting Bovine Animals [10061 - 10071] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 10064. Animals shall be tested or slaughtered pursuant to this article even if indemnity funds are unavailable. (Amended by Stats. 2004, Ch. 246, Sec. 44. Effective August 23, 2004.)
  13. 10065.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Slaughter of Reacting Bovine Animals [10061 - 10071] ( Article 7 enacted by Stats. 1967, Ch. 15. )

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    Slaughtering any reacting bovine animal under this article must be supervised by the department or the United States Department of Agriculture.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Slaughter of Reacting Bovine Animals [10061 - 10071] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 10065. The slaughtering of any reacting bovine animal, pursuant to this article, shall be under the supervision of the department, or of the United States Department of Agriculture. (Amended by Stats. 2004, Ch. 246, Sec. 45. Effective August 23, 2004.)
  14. 10066.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Slaughter of Reacting Bovine Animals [10061 - 10071] ( Article 7 enacted by Stats. 1967, Ch. 15. )

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    Carcasses from slaughtered animals must be disposed of according to department regulations or USDA meat-inspection rules.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Slaughter of Reacting Bovine Animals [10061 - 10071] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 10066. The carcasses of the slaughtered animals shall be disposed of pursuant to the regulations of the department or the rules and regulations of the United States Department of Agriculture that govern meat inspection. (Amended by Stats. 2004, Ch. 246, Sec. 46. Effective August 23, 2004.)
  15. 10067.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Slaughter of Reacting Bovine Animals [10061 - 10071] ( Article 7 enacted by Stats. 1967, Ch. 15. )

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    If an animal is slaughtered under this article and indemnity funds are available, the owner may receive part or all of the listed proceeds and USDA-authorized payments.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Slaughter of Reacting Bovine Animals [10061 - 10071] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 10067. If an animal is slaughtered pursuant to this article, and indemnity funds are available, the owner may receive part or all of the following: (a) The proceeds of the sale of the salvage of the animal. (b) From the United States Department of Agriculture, any sum that is authorized to be paid to the owner from any appropriation that is made by the United States Department of Agriculture to assist in the eradication of tuberculosis in cattle in this state. (Amended by Stats. 2004, Ch. 246, Sec. 47. Effective August 23, 2004.)
  16. 10068.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Slaughter of Reacting Bovine Animals [10061 - 10071] ( Article 7 enacted by Stats. 1967, Ch. 15. )

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    Indemnity under this article must not be paid in the listed cases.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Slaughter of Reacting Bovine Animals [10061 - 10071] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 10068. Indemnity provided by this article shall not be paid to any person in any of the following cases: (a) For any bovine animal that is brought into a tuberculosis control area that reacts to a tuberculosis test that is applied within 90 days after arrival of the animal in the area, as provided for in this chapter. (b) For any bovine animal that is brought into a tuberculosis control area in violation of any law, any regulation of the department, or any rule or regulation of the United States Department of Agriculture. (c) For any reacting bovine animal, until the premises, where the animal had been kept, have been cleaned and disinfected by the owner in a manner that is approved by an agent of the department or of the United States Department of Agriculture. (d) For any reacting bovine animal that is not slaughtered within 30 days after the animal is appraised. (e) For any animal that is owned by a federal, state, or local government entity. (f) If the person has violated any provision of this chapter that relates to a tuberculosis control area or any regulation that is made by the department that relates to such an area. (Amended by Stats. 2004, Ch. 246, Sec. 48. Effective August 23, 2004.)
  17. 10069.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Slaughter of Reacting Bovine Animals [10061 - 10071] ( Article 7 enacted by Stats. 1967, Ch. 15. )

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    A later indemnity payment cannot be made unless the chapter has been fully complied with for each bovine animal added to the herd and the premises are kept in a sanitary condition acceptable to the department or USDA.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Slaughter of Reacting Bovine Animals [10061 - 10071] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 10069. A subsequent payment of indemnity shall not be made to any person in any of the following cases: (a) Unless the provisions of this chapter have been fully complied with for each and every bovine animal added to his herd. (b) Unless and until the premises are maintained in a sanitary condition which is satisfactory to the department or the United States Department of Agriculture. (Enacted by Stats. 1967, Ch. 15.)
  18. 10070.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Slaughter of Reacting Bovine Animals [10061 - 10071] ( Article 7 enacted by Stats. 1967, Ch. 15. )

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    For certain purebred bovines slaughtered because of tuberculosis with indemnity paid, the department must mark the registration papers “canceled.”

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Slaughter of Reacting Bovine Animals [10061 - 10071] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 10070. The pedigree of any purebred bovine animal shall be proved by a certificate of registry from the herd books where the animal is registered. The registration papers of any purebred bovine animal which is slaughtered because of tuberculosis and for which indemnity is paid shall be marked “canceled” by the department. (Enacted by Stats. 1967, Ch. 15.)
  19. 10071.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Slaughter of Reacting Bovine Animals [10061 - 10071] ( Article 7 enacted by Stats. 1967, Ch. 15. )

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    Claims for payment for slaughtering reacting bovines must be presented to the State Controller, and paid within 60 days if the claimant is entitled to payment.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Slaughter of Reacting Bovine Animals [10061 - 10071] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 10071. Each claim against the state for payment for the slaughter of any reacting bovine shall be presented to the State Controller and paid out of appropriations or funds available for that purpose in accordance with law. Every claim shall be paid within 60 days after the date of presentation if the claimant is entitled to payment. (Enacted by Stats. 1967, Ch. 15.)
  20. 101.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 1. Organization [101 - 105] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

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    The state government includes the Department of Food and Agriculture.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 1. Organization [101 - 105] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 101. There is in the state government the Department of Food and Agriculture. (Amended by Stats. 1977, Ch. 662.)
  21. 10100.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Tuberculosis-Exposed Cattle [10100 - 10103] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The State Veterinarian may impose a quarantine when a bovine animal is determined to have been exposed to tuberculosis.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Tuberculosis-Exposed Cattle [10100 - 10103] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 10100. The State Veterinarian may impose a quarantine pursuant to Section 9562 when it has been determined that any bovine animal has been exposed to tuberculosis. (Added by Stats. 2004, Ch. 246, Sec. 50. Effective August 23, 2004.)
  22. 10101.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Tuberculosis-Exposed Cattle [10100 - 10103] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The State Veterinarian may require tuberculosis testing for tuberculosis-exposed cattle.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Tuberculosis-Exposed Cattle [10100 - 10103] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 10101. The State Veterinarian may impose tuberculosis testing requirements for tuberculosis-exposed cattle. (Repealed and added by Stats. 2004, Ch. 246, Sec. 52. Effective August 23, 2004.)
  23. 10102.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Tuberculosis-Exposed Cattle [10100 - 10103] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Indemnity for reacting tuberculosis-exposed cattle may be available, and it must follow Article 7 of the chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Tuberculosis-Exposed Cattle [10100 - 10103] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 10102. Indemnity for reacting tuberculosis-exposed cattle may be available and shall be in accordance with the provision stated in Article 7 (commencing with Section 10061) of this chapter. (Repealed and added by Stats. 2004, Ch. 246, Sec. 54. Effective August 23, 2004.)
  24. 10103.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Tuberculosis-Exposed Cattle [10100 - 10103] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The State Veterinarian may issue a special permit to move tuberculosis-exposed cattle to certain listed locations.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Tuberculosis-Exposed Cattle [10100 - 10103] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 10103. The State Veterinarian may issue a special permit for the movement of tuberculosis-exposed cattle to any of the following: (a) An establishment that is operating under state, state approved, or federal meat inspection, or a public stockyards designated by the department to handle reactors and tuberculosis-exposed cattle for slaughter. (b) Premises where tuberculosis-exposed cattle are kept. (c) Premises where no spread of tuberculosis to other cattle could occur. (Amended by Stats. 2004, Ch. 246, Sec. 55. Effective August 23, 2004.)
  25. 10151.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Confinement of Cattle Subject to Examination [10151 - 10152] ( Article 11 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    After 10 days’ written notice, the owner or person in charge of cattle must properly confine certain cattle in corrals or stanchions; if they refuse, the department can recover necessary costs from the owner.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Confinement of Cattle Subject to Examination [10151 - 10152] ( Article 11 enacted by Stats. 1967, Ch. 15. ) ## 10151. If the owner or any person that is in charge of cattle, after 10 days’ written notice, refuses properly to confine in corrals or stanchions any cattle that are subject to examination, tuberculosis testing, identification, or slaughter, the department shall be entitled to reimbursement from the owner for necessary costs incurred to properly examine, tuberculosis test, identify, or slaughter the cattle. (Amended by Stats. 2004, Ch. 246, Sec. 59. Effective August 23, 2004.)
  26. 10152.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Confinement of Cattle Subject to Examination [10151 - 10152] ( Article 11 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Department expenses made under Section 10151 become a lien on the cattle. If the lien amount is not paid within 10 days after written notice, the lien may be enforced under Civil Code Section 3052.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Confinement of Cattle Subject to Examination [10151 - 10152] ( Article 11 enacted by Stats. 1967, Ch. 15. ) ## 10152. Any expense which is incurred by the department pursuant to Section 10151 is a lien upon the cattle. Unless the amount of the lien is paid within 10 days after written notice of the amount of the lien is given by the department to the owner or person that is in possession of the cattle, the lien shall be enforced pursuant to Section 3052 of the Civil Code. (Enacted by Stats. 1967, Ch. 15.)
  27. 102.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 1. Organization [101 - 105] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The Secretary of Food and Agriculture is the civil executive officer in control of the department, is paid under the cited Government Code chapter, and is appointed by the Governor to serve at the Governor’s pleasure.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 1. Organization [101 - 105] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 102. The department is under the control of a civil executive officer known as the Secretary of Food and Agriculture who shall receive the salary provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code. He or she shall be appointed by, and hold office at the pleasure of, the Governor. (Amended by Stats. 1993, Ch. 42, Sec. 3. Effective January 1, 1994.)
  28. 103.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 1. Organization [101 - 105] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Chapter 2 of the Government Code applies to the department’s conduct, unless this chapter says otherwise. In this code, “head of the department” or a similar term means the secretary.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 1. Organization [101 - 105] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 103. Except as is otherwise provided in this chapter, Chapter 2 (commencing with Section 11150) of Part 1 of Division 3 of Title 2 of the Government Code governs and applies to the conduct of the department in every respect the same as if those provisions were set forth in this code, and whenever in that chapter the term “head of the department” or similar designation occurs, for the purpose of this code it means the secretary. (Amended by Stats. 1993, Ch. 42, Sec. 4. Effective January 1, 1994.)
  29. 10301.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [10301 - 10311] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The definitions in this article control how this division is interpreted, unless the context requires otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [10301 - 10311] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 10301. Unless the context otherwise requires, the definitions in this article govern the construction of this division. (Enacted by Stats. 1967, Ch. 15.)
  30. 10302.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [10301 - 10311] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “accredited veterinarian” as a veterinarian designated by the United States Department of Agriculture and the department.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [10301 - 10311] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 10302. “Accredited veterinarian” means a veterinarian who is so designated by the United States Department of Agriculture and the department. (Enacted by Stats. 1967, Ch. 15.)
  31. 10303.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [10301 - 10311] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Bovine animals” means neat cattle.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [10301 - 10311] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 10303. “Bovine animals” means neat cattle. (Enacted by Stats. 1967, Ch. 15.)
  32. 10304.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [10301 - 10311] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “brucellosis” as a cattle disease caused by Brucella microorganisms.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [10301 - 10311] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 10304. “Brucellosis” means the disease of cattle which is caused by Brucella microorganisms. (Enacted by Stats. 1967, Ch. 15.)
  33. 10305.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [10301 - 10311] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Brucellosis control area” means an area established by the department to meet certification standards for bovine brucellosis eradication methods and rules adopted by the USDA.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [10301 - 10311] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 10305. “Brucellosis control area,” means any area that has been so established by the department in order to qualify and maintain such area in accordance with certification standards of the bovine brucellosis eradication uniform methods and rules adopted by the United States Department of Agriculture. (Enacted by Stats. 1967, Ch. 15.)
  34. 10306.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [10301 - 10311] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “cattle” as “neat cattle.”

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [10301 - 10311] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 10306. “Cattle” means neat cattle. (Enacted by Stats. 1967, Ch. 15.)
  35. 10307.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [10301 - 10311] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Official veterinarian” means a veterinarian employed by the U.S. Department of Agriculture or the department.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [10301 - 10311] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 10307. “Official veterinarian” means a veterinarian who is in the employ of the United States Department of Agriculture or the department. (Enacted by Stats. 1967, Ch. 15.)
  36. 10308.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [10301 - 10311] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Premises” means any place where cattle have been or are kept.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [10301 - 10311] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 10308. “Premises” means any place where cattle have been or are kept. (Enacted by Stats. 1967, Ch. 15.)
  37. 10309.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [10301 - 10311] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Reactor” or “reacting bovine animal” means a bovine animal that tests positive for brucellosis on a test approved by the director.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [10301 - 10311] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 10309. “Reactor” or “reacting bovine animal” means any bovine animal that reacts positively to a test for brucellosis which is approved by the director. (Enacted by Stats. 1967, Ch. 15.)
  38. 10310.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [10301 - 10311] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Vaccinate” or “vaccination” means using vaccine in cattle.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [10301 - 10311] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 10310. “Vaccinate” or “vaccination” means the use of vaccine in cattle. (Enacted by Stats. 1967, Ch. 15.)
  39. 10311.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [10301 - 10311] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Vaccine” is defined as a vaccine made by a USDA-licensed laboratory that the department recognizes for preventing or treating brucellosis in cattle.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [10301 - 10311] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 10311. “Vaccine” means any vaccine which is produced by a laboratory which is licensed by the Agricultural Research Service of the United States Department of Agriculture and recognized by the department for use in preventing or treating brucellosis in cattle. (Enacted by Stats. 1967, Ch. 15.)
  40. 10321.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [10321 - 10327] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The department may enter into cooperative arrangements with the U.S. Department of Agriculture to carry out brucellosis control under this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [10321 - 10327] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 10321. The department may enter into any cooperative arrangement with the United States Department of Agriculture to undertake brucellosis control pursuant to this chapter. (Enacted by Stats. 1967, Ch. 15.)
  41. 10322.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [10321 - 10327] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Authorized representatives may enter premises to carry out this chapter, but not dwelling houses, and no one may interfere with them while they are enforcing it.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [10321 - 10327] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 10322. To carry out the provisions of this chapter, any duly authorized representative of the department or of the United States Department of Agriculture, may enter upon any premises except dwelling houses. No person shall interfere with the representative while he is enforcing the provisions of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  42. 10323.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [10321 - 10327] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The department may use official veterinarians or contract with accredited veterinarians to carry out this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [10321 - 10327] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 10323. The department may use the services of official veterinarians or contract with accredited veterinarians to carry out the provisions of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  43. 10324.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [10321 - 10327] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may adopt necessary regulations and require necessary reports and records to carry this chapter out.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [10321 - 10327] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 10324. The director may make such regulations as are reasonably necessary to carry this chapter into effect. He may require such reports and records as are necessary. (Enacted by Stats. 1967, Ch. 15.)
  44. 10325.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [10321 - 10327] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Accredited veterinarians working under this chapter must submit reports to the department using the forms provided for that purpose.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [10321 - 10327] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 10325. Every accredited veterinarian who is conducting work pursuant to this chapter shall submit reports to the department on forms that are furnished for that purpose. (Enacted by Stats. 1967, Ch. 15.)
  45. 10326.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [10321 - 10327] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may adopt regulations to help prevent bovine brucellosis from spreading in the state, and must notify the Governor if similar interstate regulations are needed.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [10321 - 10327] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 10326. In addition to any other authority in this part that is available to the director for the purpose of preventing the spread of any disease of livestock, the director may adopt regulations to prevent the spread within this state of bovine brucellosis through limitations on movement of bovine animals or through such tests or vaccinations or other means as he may find and determine to be necessary. If he finds and determines that similar regulations are necessary interstate, he shall notify the Governor in order that the procedure which is set forth in Section 9570 may be followed. (Enacted by Stats. 1967, Ch. 15.)
  46. 10327.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [10321 - 10327] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must make regulations setting conditions for moving female dairy cattle.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [10321 - 10327] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 10327. To accomplish the purpose of this chapter and to prevent outbreaks of brucellosis, the director shall by regulation establish conditions for the movement of female dairy cattle, such as evidence of calfhood vaccination or other appropriate recognized tests. (Added by Stats. 1970, Ch. 802.)
  47. 10341.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Vaccines [10341 - 10342] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The department must buy vaccines used under this chapter from a USDA Agricultural Research Service–licensed laboratory, and then distribute them.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Vaccines [10341 - 10342] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 10341. Any vaccine which is used pursuant to this chapter shall be procured by the department from a laboratory which is licensed by the Agricultural Research Service of the United States Department of Agriculture. The vaccine, after purchase directly from the laboratory, shall be distributed by the department. (Enacted by Stats. 1967, Ch. 15.)
  48. 10342.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Vaccines [10341 - 10342] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Most people may not buy, possess, or use vaccines or antigens containing brucella micro-organisms, unless the director’s regulations allow it or they fall within listed official/veterinarian exceptions.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Vaccines [10341 - 10342] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 10342. It is unlawful for any person, except a federal, state, county, or municipal officer or employee, in his official capacity, or an accredited veterinarian, to buy, possess or use a vaccine or antigen which contains brucella micro-organisms, except pursuant to the regulations of the director. (Enacted by Stats. 1967, Ch. 15.)
  49. 10351.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Vaccinations [10351 - 10359] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Female dairy calves must be vaccinated by an authorized veterinarian at ages set by the department. Male dairy calves and beef calves may be vaccinated if the owner chooses.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Vaccinations [10351 - 10359] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 10351. All female dairy calves shall be vaccinated by an official veterinarian or an accredited veterinarian, who is authorized by the department, at such ages as are designated by the department. Male dairy calves and beef calves may, at the option of the owner, be vaccinated. (Enacted by Stats. 1967, Ch. 15.)
  50. 10352.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Vaccinations [10351 - 10359] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A vaccinated calf must have an official tattoo in its right ear, and the department may by regulation allow other evidence of vaccination or identification.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Vaccinations [10351 - 10359] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 10352. Each calf which is vaccinated pursuant to this chapter shall have an official tattoo placed in the right ear by the veterinarian who performs the service that shows the period within which the animal was vaccinated, or such other evidence of vaccination or identification as the department may by regulation specify. (Amended by Stats. 1977, Ch. 646.)
  51. 10353.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Vaccinations [10351 - 10359] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If a calf is to be vaccinated under this chapter, the owner must provide the facilities and assistance the department requests.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Vaccinations [10351 - 10359] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 10353. The owner of any calf which is to be vaccinated pursuant to this chapter shall, upon request of the department, provide the necessary facilities and assistance for such vaccination. (Enacted by Stats. 1967, Ch. 15.)
  52. 10354.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Vaccinations [10351 - 10359] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If an owner or person in charge of a dairy calf refuses, after 10 days’ written notice, to confine the calf in a corral or stanchions, the department may pay the expense of vaccinating and identifying the calf.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Vaccinations [10351 - 10359] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 10354. If the owner or any person that is in charge of any dairy calf, after 10 days’ written notice by the department, refuses properly to confine in a corral or stanchions, any calf which is required to be vaccinated and identified pursuant to this chapter, the department may in such case incur such expense as is necessary to properly vaccinate and identify the calf. (Enacted by Stats. 1967, Ch. 15.)
  53. 10355.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Vaccinations [10351 - 10359] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Expenses incurred by the department for Section 10354 become a lien on the vaccinated, identified calf, and the lien may be enforced if the amount is not paid within 10 days after written notice.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Vaccinations [10351 - 10359] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 10355. Any expense which is incurred by the department pursuant to Section 10354 is a lien upon the calf which is vaccinated and identified. Unless the amount of the lien is paid within 10 days after written notice of the amount of the lien is given by the department to the owner or person that is in possession of the calf, the lien shall be enforced pursuant to Section 3052 of the Civil Code. (Enacted by Stats. 1967, Ch. 15.)
  54. 10356.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Vaccinations [10351 - 10359] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Vaccinations under this chapter must be performed by an official or accredited veterinarian authorized by the department, and the director may charge a reasonable fee for vaccinations done by an official veterinarian, excluding the vaccine cost.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Vaccinations [10351 - 10359] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 10356. The vaccination of any bovine animal pursuant to the provisions of this chapter shall be by either an official veterinarian or an accredited veterinarian, who is authorized by the department. The director may charge a reasonable fee to cover the cost of any vaccination performed by an official veterinarian other than the cost of the vaccine. (Repealed and added by Stats. 1970, Ch. 802.)
  55. 10357.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Vaccinations [10351 - 10359] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person must not refuse to submit a dairy calf that must be vaccinated and identified under this chapter to that vaccination.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Vaccinations [10351 - 10359] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 10357. It is unlawful for any person to refuse to submit a dairy calf which is required to be vaccinated and identified pursuant to this chapter to such vaccination. (Enacted by Stats. 1967, Ch. 15.)
  56. 10358.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Vaccinations [10351 - 10359] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Any person must not remove, imitate, or simulate an official mark required by this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Vaccinations [10351 - 10359] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 10358. It is unlawful for any person to remove any official mark which is required by this chapter, or to imitate or simulate such official mark. (Enacted by Stats. 1967, Ch. 15.)
  57. 10359.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Vaccinations [10351 - 10359] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Most people may not buy, possess, or use devices made to imitate official brucellosis vaccination marks for cattle; official officers acting in their capacity and accredited veterinarians are excepted.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Vaccinations [10351 - 10359] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 10359. It is unlawful for any person, except a federal, state, county, or municipal officer or employee, in his official capacity, or an accredited veterinarian, to buy, possess, or use any device which is designed to produce a mark, stamp, or tattoo that simulates in design the official tattoo, tag, or mark that is adopted by the department and the United States Department of Agriculture for identifying cattle which are officially vaccinated against brucellosis. (Enacted by Stats. 1967, Ch. 15.)
  58. 10381.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Brucellosis Control Areas [10381 - 10387] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Brucellosis Control Areas [10381 - 10387] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 10381. The department may, after hearing, establish and maintain brucellosis control areas within this state. (Enacted by Stats. 1967, Ch. 15.)
  59. 10382.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Brucellosis Control Areas [10381 - 10387] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The department must examine and test cattle for brucellosis in brucellosis control areas that the director specifies.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Brucellosis Control Areas [10381 - 10387] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 10382. The department shall examine and test such cattle for brucellosis in any brucellosis control area as the director may specify, as often as may be deemed necessary to qualify and maintain such area within the standards of certification which are adopted by the United States Department of Agriculture. (Enacted by Stats. 1967, Ch. 15.)
  60. 10383.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Brucellosis Control Areas [10381 - 10387] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Owners of cattle in a brucellosis control area must, when the department asks, provide facilities for blood or milk sampling and give needed assistance.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Brucellosis Control Areas [10381 - 10387] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 10383. All owners of cattle which are subject to examination and testing for brucellosis within a brucellosis control area shall, upon request of the department, provide the necessary facilities for collecting such samples of blood or milk as may be deemed necessary to conduct tests for brucellosis, and shall render such assistance as may be required. (Enacted by Stats. 1967, Ch. 15.)
  61. 10384.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Brucellosis Control Areas [10381 - 10387] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    After 10 days’ written notice from the department, an owner or person in charge of cattle in a brucellosis control area must not refuse to properly confine cattle that must be tested and identified; otherwise the owner is guilty of a misdemeanor.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Brucellosis Control Areas [10381 - 10387] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 10384. If any owner or person that is in charge of cattle, after 10 days’ written notice by the department, refuses properly to confine in corrals, stanchions, or chutes, any cattle within a brucellosis control area which are required to be tested and identified pursuant to this chapter, the owner is guilty of a misdemeanor and the department may in such case incur such expense as is necessary to properly confine and identify the cattle. (Enacted by Stats. 1967, Ch. 15.)
  62. 10385.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Brucellosis Control Areas [10381 - 10387] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Expenses incurred by the department under Section 10384 become a lien on tested and identified cattle, and the lien may be enforced if it is not paid within 10 days after written notice.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Brucellosis Control Areas [10381 - 10387] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 10385. Any expense which is incurred by the department pursuant to Section 10384 is a lien upon the cattle which are tested and identified. Unless the amount of the lien is paid within 10 days after written notice of the amount of the lien has been given by the department to the owner or person that is in possession of the cattle, the lien shall be enforced pursuant to Section 3052 of the Civil Code. (Enacted by Stats. 1967, Ch. 15.)
  63. 10386.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Brucellosis Control Areas [10381 - 10387] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must adopt regulations setting the conditions for moving cattle into a brucellosis control area.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Brucellosis Control Areas [10381 - 10387] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 10386. The director shall, by regulation, designate the conditions under which cattle may be moved into a brucellosis control area. (Enacted by Stats. 1967, Ch. 15.)
  64. 10387.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Brucellosis Control Areas [10381 - 10387] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person must not refuse to submit cattle for required testing, or refuse to submit milk or blood samples needed for brucellosis testing.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Brucellosis Control Areas [10381 - 10387] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 10387. It is unlawful for any person to refuse to submit any cattle which are required to be tested pursuant to this chapter, for the collection of milk or blood samples, or to refuse to submit any milk samples which are necessary for the testing of cattle for brucellosis pursuant to this chapter. (Enacted by Stats. 1967, Ch. 15.)
  65. 104.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 1. Organization [101 - 105] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The secretary may appoint necessary department staff and set their salaries according to law.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 1. Organization [101 - 105] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 104. The secretary may appoint and in accordance with law fix the salaries of such assistants, deputies, agents, experts, and other employees as are necessary for the administration of the department. (Amended by Stats. 1993, Ch. 42, Sec. 5. Effective January 1, 1994.)
  66. 10401.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Slaughter of Reacting Bovine Animals [10401 - 10407] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A bovine that tests positive for brucellosis in a brucellosis control area must be identified under the secretary’s regulations and slaughtered within 30 days.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Slaughter of Reacting Bovine Animals [10401 - 10407] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 10401. Any bovine animal in a brucellosis control area that reacts positively to a test for brucellosis shall immediately be identified pursuant to the regulations of the secretary. The animal shall be slaughtered within 30 days in accordance with the regulations of the secretary. (Amended by Stats. 1996, Ch. 653, Sec. 7. Effective January 1, 1997.)
  67. 10402.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Slaughter of Reacting Bovine Animals [10401 - 10407] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A slaughtered animal’s value must be appraised by designated representatives and the owner or agent; if they disagree, the chief appraiser or a representative appraises it, and the final value is conclusive.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Slaughter of Reacting Bovine Animals [10401 - 10407] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 10402. The value of an animal which is slaughtered shall be determined by appraisement by a representative of the department or a representative of the Agricultural Research Service of the United States Department of Agriculture, and by the owner or his agent. If such persons do not agree on the valuation of the animal, the animal shall be appraised by the chief appraiser of the department or his representative. In either event, the value which is determined is final. (Enacted by Stats. 1967, Ch. 15.)
  68. 10403.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Slaughter of Reacting Bovine Animals [10401 - 10407] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The animal must be slaughtered within 30 days after appraisal, under the director’s supervision.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Slaughter of Reacting Bovine Animals [10401 - 10407] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 10403. Within 30 days after the appraisal of the animal, it shall be slaughtered under the supervision of the director. (Enacted by Stats. 1967, Ch. 15.)
  69. 10404.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Slaughter of Reacting Bovine Animals [10401 - 10407] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may order or arrange for the slaughter of animals when needed to prevent the spread of bovine brucellosis within this state.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Slaughter of Reacting Bovine Animals [10401 - 10407] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 10404. Where it is necessary to prevent the spread within this state of bovine brucellosis, the director may provide for the slaughter of animals. (Enacted by Stats. 1967, Ch. 15.)
  70. 10405.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Slaughter of Reacting Bovine Animals [10401 - 10407] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If an animal is slaughtered under this article and indemnity funds are available, the owner may receive salvage-sale proceeds and certain USDA-authorized payments.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Slaughter of Reacting Bovine Animals [10401 - 10407] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 10405. If an animal is slaughtered pursuant to this article, and indemnity funds are available, the owner of the animal may receive part or all of the following: (a) The proceeds of the sale of the salvage of the animal. (b) From the United States Department of Agriculture, any sum that is authorized to be paid to the owner from any appropriation that is made by the United States Department of Agriculture to assist in the eradication of brucellosis in cattle in this state. (Repealed and added by Stats. 2013, Ch. 623, Sec. 2. (AB 1319) Effective January 1, 2014.)
  71. 10406.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Slaughter of Reacting Bovine Animals [10401 - 10407] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section lists cases where indemnity will not be paid for certain bovine animals, and one exception where indemnity may still be paid.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Slaughter of Reacting Bovine Animals [10401 - 10407] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 10406. Indemnity shall not be paid to any person in any of the following cases: (a) For any steer or grade bull that is determined to be a reactor. (b) For any bovine animal that is brought into a brucellosis control area, that reacts to a brucellosis test which is applied within 90 days after the arrival of the animal in the area as provided for in this chapter. (c) For any bovine animal that is brought into a brucellosis control area, in violation of any law, any regulation of the department, or any rule or regulation of the United States Department of Agriculture. (d) For any reacting bovine animal, until the premises, where the animal had been kept, have been cleaned and disinfected by the owner in a manner approved by an agent of the department or of the United States Department of Agriculture. (e) For any reacting bovine animal that is not slaughtered within 30 days after the animal was appraised. (f) For any animal that is owned by the United States, this state, or any county or city in the state. (g) For any bovine animal that was vaccinated for brucellosis after reaching 12 months of age. However, indemnity shall be provided for any bovine animal that was vaccinated after reaching 12 months of age and that was part of an official whole herd adult vaccination plan approved by the secretary. “Official whole herd adult vaccination plan” means a plan, approved by the secretary, whereby all female cattle exceeding 12 months of age are vaccinated against brucellosis using an approved vaccine as defined in Section 10311 and are identified as required by the department. (h) For any bovine animal in a herd that has been under an order to hold, issued pursuant to Section 9565, for more than 18 consecutive months, except as provided by subdivision (i). (i) For any officially adult vaccinated bovine animal in a herd that has been under an order to hold, issued pursuant to Section 9565, for more than 22 consecutive months. (j) If the person has violated any provision of this chapter that relates to a brucellosis control area, or any regulation that is adopted by the department that relates to such an area. (Amended by Stats. 1996, Ch. 653, Sec. 8. Effective January 1, 1997.)
  72. 10406.5.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Slaughter of Reacting Bovine Animals [10401 - 10407] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A herd owner covered by Section 10406(h) or (i) may ask the director in writing for continued indemnity payments, using the form the director prescribes.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Slaughter of Reacting Bovine Animals [10401 - 10407] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 10406.5. (a) The owner of a herd that is subject to subdivision (h) or (i) of Section 10406 may appeal to the director in writing, on a form as prescribed by the director, for continuation of indemnity payments. (b) Upon a determination that the herd owner was in full compliance with the laws and regulations, the director, notwithstanding Section 10406, may grant a continuation of indemnity payments to the herd owner for a period of time deemed appropriate by the director. (Amended by Stats. 1993, Ch. 56, Sec. 10. Effective January 1, 1994.)
  73. 10407.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Slaughter of Reacting Bovine Animals [10401 - 10407] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A subsequent indemnity payment cannot be made unless the chapter has been fully complied with for each added bovine and the premises are kept sanitary to the satisfaction of the department or USDA.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Slaughter of Reacting Bovine Animals [10401 - 10407] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 10407. A subsequent payment of indemnity shall not be made to any person in any of the following cases: (a) Unless the provisions of this chapter have been fully complied with for each and every bovine animal that is added to his herd. (b) Unless and until the premises are maintained in a sanitary condition, which is satisfactory to the department or the United States Department of Agriculture. (Enacted by Stats. 1967, Ch. 15.)
  74. 10421.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Slaughter of Exposed Nonreacting Animals [10421 - 10423] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The secretary may order identification of nonreacting animals, their slaughter, and disinfection of the premises if the listed conditions are met.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Slaughter of Exposed Nonreacting Animals [10421 - 10423] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 10421. Notwithstanding any other provision of this chapter, the secretary may proceed with the identification of nonreacting animals in a herd in the same manner as provided in Section 10401 and require the slaughter of those animals and the disinfection of the premises where the animals have been kept if all of the following requirements are satisfied: (a) The secretary determines that bovine brucellosis cannot be eradicated or effectively controlled in the particular herd by the usual recognized methods. (b) The secretary determines that slaughter of the remaining exposed nonreacting animals in the herd is the best and most practical method of attaining eradication or control. (c) The secretary has entered into a voluntary agreement with the owner of the nonreacting animals to carry out the purposes and conditions of this chapter. (d) Funds are available to indemnify the owner of the nonreacting animals. (Amended by Stats. 1996, Ch. 653, Sec. 9. Effective January 1, 1997.)
  75. 10422.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Slaughter of Exposed Nonreacting Animals [10421 - 10423] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The value of a slaughtered nonreacting animal must be set by appraisement involving the listed representatives and the owner or agent; if they disagree, the chief appraiser or a representative must appraise it, and that value is final.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Slaughter of Exposed Nonreacting Animals [10421 - 10423] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 10422. The value of a nonreacting animal that is slaughtered shall be determined by appraisement by a representative of the department or a representative of the Agricultural Research Service of the United States Department of Agriculture, and by the owner or his or her agent. If these persons do not agree on the valuation of the animal, the animal shall be appraised by the chief appraiser of the department, or his or her representative. In either event, the value that is determined is final. (Repealed and added by Stats. 2013, Ch. 623, Sec. 4. (AB 1319) Effective January 1, 2014.)
  76. 10422.5.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Slaughter of Exposed Nonreacting Animals [10421 - 10423] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If a nonreacting animal is slaughtered under this article and indemnity funds are available, the owner may receive some or all of the listed payments.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Slaughter of Exposed Nonreacting Animals [10421 - 10423] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 10422.5. If a nonreacting animal is slaughtered pursuant to this article, and indemnity funds are available, the owner of the animal may receive part or all of the following: (a) The proceeds of the sale of the salvage of the animal. (b) From the United States Department of Agriculture, any sum that is authorized to be paid to the owner from any appropriation that is made by the United States Department of Agriculture to assist in the eradication of brucellosis in cattle in this state. (Added by Stats. 2013, Ch. 623, Sec. 5. (AB 1319) Effective January 1, 2014.)
  77. 10423.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Slaughter of Exposed Nonreacting Animals [10421 - 10423] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section says indemnity under the article is not paid for certain bovine animals and situations.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Slaughter of Exposed Nonreacting Animals [10421 - 10423] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 10423. Indemnity provided by this article shall not be paid in any of the following cases: (a) For any bovine animal which reacts to the brucellosis test or shows active brucellosis prior to or at slaughter. In this case, the indemnity rate which is provided in Section 10405 shall apply. (b) For any bovine animal, unless all exposed cattle, swine, goats, sheep, and horses on the premises are slaughtered. (c) For any bovine animal, until the premises where the animal has been kept have been cleaned and disinfected by the owner in a manner which is approved by an agent of the department or of the United States Department of Agriculture. (d) For any steer or grade bull. (e) For any animal which is owned by the United States, this state, or any county or city in the state. (f) If the owner is in violation of any provision of this chapter or any regulation which is made by the department that relates to bovine brucellosis. (g) For any animal which is not slaughtered within 30 days after such animal is appraised. (h) For any bovine animal which originated in another state or country that has not been in this state for at least 90 days. (Amended by Stats. 1969, Ch. 304.)
  78. 10492.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Brucellosis Eradication Compensation Costs [10492 - 10496] ( Article 8 repealed and added by Stats. 1977, Ch. 646. )

    Verify source ↗

    If a cattle owner refuses to slaughter exposed, nonreacting bovine animals when the director asks, the owner must pay the department’s full brucellosis-eradication costs for the herd.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Brucellosis Eradication Compensation Costs [10492 - 10496] ( Article 8 repealed and added by Stats. 1977, Ch. 646. ) ## 10492. If an owner of cattle refuses to slaughter exposed, nonreacting bovine animals pursuant to the provisions of Article 7 (commencing with Section 10421) when requested by the director to do so, the cattle owner shall then be responsible for paying to the director the full costs of the department in eradicating brucellosis from his herd. Such responsibility shall begin with the refusal to slaughter exposed, nonreacting animals and shall continue until brucellosis is eradicated from the herd. (Repealed and added by Stats. 1977, Ch. 646.)
  79. 10493.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Brucellosis Eradication Compensation Costs [10492 - 10496] ( Article 8 repealed and added by Stats. 1977, Ch. 646. )

    Verify source ↗

    When brucellosis is identified in a cattle herd, an official veterinarian must investigate, an epidemiological report must be prepared, and the owner may seek veterinarian participation and appeal determinations to the director within five days.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Brucellosis Eradication Compensation Costs [10492 - 10496] ( Article 8 repealed and added by Stats. 1977, Ch. 646. ) ## 10493. The following procedures shall be followed when brucellosis has been identified in a herd of cattle: (a) An official veterinarian shall conduct an epidemiological investigation of the infected herd and premises involved in order to determine the specific methods and actions necessary to eradicate the disease from the herd. (b) Upon request of the owner of the infected herd, the investigation provided for in subdivision (a) shall be conducted with the assistance and participation of a licensed veterinarian selected by such owner. (c) An official epidemiological report shall be prepared which shall specify the methods and actions necessary to eradicate the disease, and shall include reasonable guidelines for timing the accomplishment of the various tasks associated with such activity. (d) Any person who is aggrieved at any determination made pursuant to this section may appeal in writing to the director within five days after notice of such determination. The director may affirm, reverse or modify such determination after his review of the epidemiological report and the issues involved. (e) The epidemiological report required by subdivision (c) shall become the basis for a memorandum of understanding which shall be developed between the owner of the infected herd and the department covering the following points: (1) Herd management practices that will be employed to facilitate the disease eradication effort. (2) Any physical facilities modification that will be required in the eradication effort. (3) Specific dates for accomplishing the various tasks required in the eradication effort. This memorandum of understanding may be developed with the participation of a licensed veterinarian if such veterinarian participated in the epidemiological investigation pursuant to subdivision (b). (Added by Stats. 1977, Ch. 646.)
  80. 10494.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Brucellosis Eradication Compensation Costs [10492 - 10496] ( Article 8 repealed and added by Stats. 1977, Ch. 646. )

    Verify source ↗

    If the owner of infected or exposed brucellosis cattle refuses or fails to follow the required memorandum of understanding, the owner must pay the director all further disease-eradication costs for that herd.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Brucellosis Eradication Compensation Costs [10492 - 10496] ( Article 8 repealed and added by Stats. 1977, Ch. 646. ) ## 10494. If an owner of brucellosis infected or exposed cattle refuses to participate in the development and signing of the memorandum of understanding required by subdivision (e) of Section 10493, or fails or refuses to comply with the provisions of such memorandum, the cattle owner shall immediately become responsible for paying to the director all further costs incurred by the department in eradicating the disease from the herd of cattle owned by such person. (Added by Stats. 1977, Ch. 646.)
  81. 10495.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Brucellosis Eradication Compensation Costs [10492 - 10496] ( Article 8 repealed and added by Stats. 1977, Ch. 646. )

    Verify source ↗

    If the owner of a brucellosis-infected herd violates a brucellosis-eradication law or regulation, the owner must immediately pay the director all further disease-eradication costs for that herd.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Brucellosis Eradication Compensation Costs [10492 - 10496] ( Article 8 repealed and added by Stats. 1977, Ch. 646. ) ## 10495. If an owner of a brucellosis infected herd violates any law or regulation pertaining to brucellosis eradication, the cattle owner shall immediately become responsible for paying to the director all further costs incurred by the department in eradicating the disease from the herd of cattle owned by such person. (Added by Stats. 1977, Ch. 646.)
  82. 10496.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Brucellosis Eradication Compensation Costs [10492 - 10496] ( Article 8 repealed and added by Stats. 1977, Ch. 646. )

    Verify source ↗

    An owner may have to pay testing-schedule costs if brucellosis is not eradicated in the herd, usually after 24 months from a hold order; the timing can extend to 28 months in some vaccinated-herd cases.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Bovine Brucellosis [10301 - 10496] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Brucellosis Eradication Compensation Costs [10492 - 10496] ( Article 8 repealed and added by Stats. 1977, Ch. 646. ) ## 10496. (a) An owner who fails to achieve eradication of brucellosis in his or her herd is responsible for the costs of maintaining the required testing schedule after 24 months from the date of an order to hold issued by the director pursuant to Section 9565. Evidence of eradication shall consist of a release from a hold issued by the director pursuant to Section 9567. (b) If the director requires an infected herd to be officially adult vaccinated to control the spread of the disease, the time interval provided in subdivision (a) shall be extended from 24 to 28 months. (c) Notwithstanding subdivisions (a) and (b), the owner of a herd which, on the effective date of this section, is under an order to hold, issued by the director prior to that effective date, shall be subject to this section 24 months from that effective date or 28 months from that effective date for officially adult vaccinated herds. (d) This section shall not apply to the owner of a herd that has been granted a continuation of indemnity payments as provided by Section 10406.5. (Added by Stats. 1987, Ch. 320, Sec. 5. Effective July 30, 1987.)
  83. 105.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 1. Organization [101 - 105] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The chief of the division must officially designate a department employee as State Veterinarian, and the designated person must meet specified veterinary education, licensure, and classification requirements.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 1. Organization [101 - 105] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 105. The chief of the division of the department who has jurisdiction over livestock and poultry disease control, meat inspection and dairy inspection and control shall officially designate a department employee as “State Veterinarian.” Such designated person shall be a graduate of a recognized college of veterinary medicine, be licensed to practice in this state, and have a state civil service classification of veterinary medical officer III or above. (Amended by Stats. 1976, Ch. 1221.)
  84. 10610.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Cattle Disease Control [10610- 10610.] ( Chapter 4 added by Stats. 2000, Ch. 425, Sec. 1. )

    Verify source ↗

    The Secretary of the Department of Food and Agriculture may adopt regulations to control or eradicate cattle diseases, and must appoint and consult an advisory task force before regulations or fees are adopted. Violations of regulations can be a misdemeanor.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Cattle Disease Control [10610- 10610.] ( Chapter 4 added by Stats. 2000, Ch. 425, Sec. 1. ) ## 10610. (a) The Secretary of the Department of Food and Agriculture may adopt regulations to control or eradicate cattle diseases, including bovine trichomoniasis, in any of the following ways: (1) Requiring permits before entry of, and limitations on the importation of, cattle and other animals or materials that might act as a cause or a vector of a disease or condition that is infectious or contagious to cattle. (2) Limitations on the intrastate or interstate movement of cattle, in compliance with any applicable federal law. (3) Diagnostic tests, vaccinations, treatments, or other appropriate methods, including, but not limited to, the mandated reporting by designated parties of diseases or suspected diseases. (4) Notification of owners of cattle that have been exposed, or may have been exposed, to infectious animals or materials. (5) Similar means that the secretary finds and determines are necessary. (b) (1) The secretary shall appoint an advisory task force, including, but not limited to, livestock industry representatives and university researchers, for the purposes of advising the secretary on the control and management of cattle health diseases and evaluating the effectiveness of programs established pursuant to this chapter. The secretary shall consult with the advisory task force prior to the adoption of regulations or the imposition of fees by the secretary. (2) Members of the advisory task force, or alternate members when acting as members, may be reimbursed, upon request, for necessary expenses incurred by them in the performance of their duties. (c) (1) Any person that willfully and knowingly violates any regulation adopted pursuant to this chapter is guilty of a misdemeanor. (2) The secretary may, at his or her discretion, prosecute civilly or seek civil penalties, pursuant to Sections 9166 and 9167. (d) The secretary may impose fees to offset the costs of any program established pursuant to this section, provided that the total fees collected do not exceed the actual costs of regulation or impair the department’s responsibilities pursuant to this chapter. (e) The secretary is authorized to establish accounts within the Food and Agriculture Fund as necessary to efficiently administer the department’s responsibilities pursuant to this chapter. (f) Nothing in this chapter shall be construed to limit or restrict the authority granted to the State Veterinarian in Section 9562. (Amended by Stats. 2001, Ch. 503, Sec. 24. Effective January 1, 2002.)
  85. 10701.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Importation and Sale [10701 - 10791] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [10701 - 10704] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This article’s definitions apply to this chapter unless the context requires otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Importation and Sale [10701 - 10791] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [10701 - 10704] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 10701. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  86. 10702.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Importation and Sale [10701 - 10791] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [10701 - 10704] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “health certificate” for this article.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Importation and Sale [10701 - 10791] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [10701 - 10704] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 10702. “Health certificate” means a health certificate from either a veterinary inspector of the United States Department of Agriculture, the state veterinarian or livestock sanitation official of the state of origin, or of a licensed veterinarian approved by the state veterinarian or livestock sanitation official. (Enacted by Stats. 1967, Ch. 15.)
  87. 10703.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Importation and Sale [10701 - 10791] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [10701 - 10704] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “sales yard” and says it includes places where swine are assembled for sale, resale, exchange, or transfer, but excludes certain ranch premises.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Importation and Sale [10701 - 10791] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [10701 - 10704] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 10703. “Sales yard” includes any livestock yard, pen, corral, building, premises, or conveyance in which swine are assembled for sale, resale, exchange, or transfer by any owner or his agent. It does not, however, include any ranch premises where swine are assembled for sale, resale, exchange, or transfer by any owner or his agent in ordinary ranch-to-ranch transactions, or where swine are fed and fitted for slaughtering purposes only. (Enacted by Stats. 1967, Ch. 15.)
  88. 10704.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Importation and Sale [10701 - 10791] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [10701 - 10704] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “Premises” as the farm of origin where swine were born and raised, or where they lived for at least 90 continuous days before shipment.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Importation and Sale [10701 - 10791] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [10701 - 10704] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 10704. “Premises” is the farm of origin where swine were born and raised or where they have resided for a minimum of 90 continuous days immediately preceding shipment. (Added by Stats. 1999, Ch. 447, Sec. 2. Effective January 1, 2000.)
  89. 10721.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Importation and Sale [10701 - 10791] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Importation [10721 - 10726] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Importing swine into this state is generally unlawful unless specific permits and, in some cases, a health certificate are obtained before shipment or movement; permit applicants must also identify the swine premises.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Importation and Sale [10701 - 10791] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Importation [10721 - 10726] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 10721. (a) It is unlawful for any person to import any swine into this state except for immediate slaughter, unless the person procures a health certificate and import permit from the department prior to the shipment or movement of the swine. (b) It is unlawful for any person to import any swine into this state for immediate slaughter unless the person procures an import permit from the department prior to the shipment or movement of the swine. (c) Any person requesting an import permit shall identify the premises of the swine prior to the shipment of the swine into the state. (Amended by Stats. 1999, Ch. 447, Sec. 3. Effective January 1, 2000.)
  90. 10722.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Importation and Sale [10701 - 10791] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Importation [10721 - 10726] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A health certificate must certify that the swine meet the listed disease-free requirements, and the director may require an added certification about hog cholera immunization by regulation.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Importation and Sale [10701 - 10791] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Importation [10721 - 10726] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 10722. The health certificate shall certify that the swine to which it refers satisfy all of the following requirements: (a) Have not been exposesd to any communicable disease. (b) Are free from evidence of any communicable disease. The director, when he determines it to be necessary for the enforcement of this chapter, may, by regulation, require the certificate to certify that the swine have been immunized against hog cholera by a method of immunization which is designated by regulations of the director as an effective method of immunization and by the United States Department of Agriculture. (Amended by Stats. 1967, Ch. 87.)
  91. 10723.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Importation and Sale [10701 - 10791] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Importation [10721 - 10726] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A health certificate for swine must include specified identifying and health details.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Importation and Sale [10701 - 10791] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Importation [10721 - 10726] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 10723. The health certificate shall also show all of the following: (a) The date of immunization if immunization is required. (b) The predominating breed of the swine. (c) Approximate weight of the swine. (d) Color of the swine. (e) Markings of the swine. (Amended by Stats. 1967, Ch. 87.)
  92. 10724.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Importation and Sale [10701 - 10791] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Importation [10721 - 10726] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The original health certificate must be attached to the way bill or kept by the truck driver, and duplicate copies must be sent to specified officials.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Importation and Sale [10701 - 10791] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Importation [10721 - 10726] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 10724. The original of the health certificate shall be attached to the way bill or shall be in the possession of the truck driver. A duplicate copy shall be sent to the Chief of the Division of Animal Industry of the department, at Sacramento, in time to reach him prior to the arrival of the swine within the state. A duplicate copy shall also be sent to the state veterinarian or livestock sanitary offical of the state of origin. (Enacted by Stats. 1967, Ch. 15.)
  93. 10725.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Importation and Sale [10701 - 10791] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Importation [10721 - 10726] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Imported swine not meant for immediate slaughter must be transported in cleaned and disinfected vehicles that meet USDA Agricultural Research Service standards.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Importation and Sale [10701 - 10791] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Importation [10721 - 10726] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 10725. Swine that are imported into this state for purposes other than for immediate slaughter shall be transported in crates, cars, trucks, or other vehicles that have been cleaned and disinfected in conformity with the standards that are prescribed by the Agricultural Research Service of the United States Department of Agriculture. (Amended by Stats. 1995, Ch. 119, Sec. 2. Effective January 1, 1996.)
  94. 10726.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Importation and Sale [10701 - 10791] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Importation [10721 - 10726] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Swine imported into the state for immediate slaughter must go to a recognized slaughtering establishment and cannot be diverted for other purposes.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Importation and Sale [10701 - 10791] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Importation [10721 - 10726] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 10726. Swine that are imported into this state for immediate slaughter shall have as their destination a recognized slaughtering establishment. They shall not be diverted for any other purposes. (Amended by Stats. 1995, Ch. 119, Sec. 3. Effective January 1, 1996.)
  95. 10751.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Importation and Sale [10701 - 10791] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Sales Yards [10751 - 10753] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Operators of sales yards must keep records of all swine passing through the yard, including the names and addresses of people who offer swine for sale and people who buy swine from the yard.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Importation and Sale [10701 - 10791] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Sales Yards [10751 - 10753] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 10751. Any person that operates a sales yard shall keep records of all swine which pass through the sales yard, including the name and address of every person who offers swine for sale and the name and address of every purchaser of swine from the yard. (Enacted by Stats. 1967, Ch. 15.)
  96. 10752.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Importation and Sale [10701 - 10791] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Sales Yards [10751 - 10753] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Sales yard records must include key animal description details, be kept on file for one year, and be available to the director for inspection during that time.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Importation and Sale [10701 - 10791] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Sales Yards [10751 - 10753] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 10752. The sales yard records shall show definite information relative to description of animals, such as breed, weight, color, and marks. The records shall be kept on file for one year, during which time they shall be at the disposal of the director for inspection. (Enacted by Stats. 1967, Ch. 15.)
  97. 10753.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Importation and Sale [10701 - 10791] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Sales Yards [10751 - 10753] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person must not knowingly bring, or cause to be brought, certain diseased or recently treated swine into any sales yard.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Importation and Sale [10701 - 10791] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Sales Yards [10751 - 10753] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 10753. It is unlawful for any person to knowingly bring into, or cause to be brought into, any sales yard any swine that have been, within 21 days, treated with hog cholera virus, or which are affected with, or have been exposed to hog cholera, anthrax, swine erysipelas, vesicular exanthema, foot-and-mouth disease, or any other infectious disease. (Enacted by Stats. 1967, Ch. 15.)
  98. 10781.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Importation and Sale [10701 - 10791] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Swine Disease Control [10781 - 10786] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may adopt regulations to control or eradicate certain swine diseases.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Importation and Sale [10701 - 10791] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Swine Disease Control [10781 - 10786] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 10781. The director may adopt regulations to control or eradicate hog cholera, swine brucellosis, pseudorabies, and other swine diseases in any of the following ways: (a) Through limitations on the movement of swine. (b) Through the use of hog cholera vaccine, or other biologics. (c) Through tests or vaccinations. (d) Any other similar means that he or she finds and determines is necessary. (Amended by Stats. 1988, Ch. 812, Sec. 1.)
  99. 10782.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Importation and Sale [10701 - 10791] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Swine Disease Control [10781 - 10786] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    After notice and hearing, the department may revoke a license if the licensee is a swine-related business operator and violates this chapter or a regulation adopted under it.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Importation and Sale [10701 - 10791] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Swine Disease Control [10781 - 10786] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 10782. The department, after notice and hearing, may revoke a license granted by the department to a person conducting business as a packer, stockyard, dealer, agent, or any individual that receives, transports or deals with the marketing of swine or swine products that violates this chapter or a regulation adopted pursuant to this chapter. (Added by Stats. 1999, Ch. 447, Sec. 5. Effective January 1, 2000.)
  100. 10783.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Importation and Sale [10701 - 10791] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Swine Disease Control [10781 - 10786] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A prior violation can be enough reason to revoke a license, and it can also count as an aggravating factor for a current offense.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Importation and Sale [10701 - 10791] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Swine Disease Control [10781 - 10786] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 10783. A previous violation of any provision of this chapter, or a regulation adopted pursuant to this chapter, is sufficient cause for the revocation of a license under Section 10782. Proof of a previous violation of this code, or a regulation adopted pursuant to this article, shall be considered an aggravating factor for a current offense. (Added by Stats. 1999, Ch. 447, Sec. 7. Effective January 1, 2000.)
  101. 10784.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Importation and Sale [10701 - 10791] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Swine Disease Control [10781 - 10786] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    License denial or revocation proceedings under Section 10782 must follow Government Code Chapter 5 procedures, and the department gets the powers granted in that chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Importation and Sale [10701 - 10791] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Swine Disease Control [10781 - 10786] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 10784. Any proceeding for the denial or revocation of a license pursuant to Section 10782 shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The department shall have all of the powers that are granted in that Chapter 5. (Added by Stats. 1999, Ch. 447, Sec. 8. Effective January 1, 2000.)
  102. 10785.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Importation and Sale [10701 - 10791] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Swine Disease Control [10781 - 10786] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the secretary determines certain regulations are needed to control the diseases in Section 10781 during interstate movement of hogs or swine, the secretary must notify the Governor.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Importation and Sale [10701 - 10791] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Swine Disease Control [10781 - 10786] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 10785. If the secretary finds and determines that similar regulations are necessary to control the diseases described in Section 10781 while hogs or swine are in interstate movement, the secretary shall notify the Governor so that the Governor may act pursuant to Section 9570. (Added by renumbering Section 10782 by Stats. 1999, Ch. 447, Sec. 4. Effective January 1, 2000.)
  103. 10786.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Importation and Sale [10701 - 10791] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Swine Disease Control [10781 - 10786] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The department may fine violations of these swine-control regulations, and must give written notice explaining how to challenge the penalty. Knowing and willful violations can also be prosecuted as an infraction, misdemeanor, or felony.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Importation and Sale [10701 - 10791] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Swine Disease Control [10781 - 10786] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 10786. (a) (1) Whenever a person violates any regulation that is adopted pursuant to this article, the department may impose an administrative penalty not to exceed one hundred dollars ($100) per individual animal for each violation. (2) If the department issues an administrative penalty pursuant to paragraph (1), the department shall issue a Notice of Violation to the alleged offender or the offender’s agent. The notice shall be written in plain English and shall inform the offender as to how the offender may challenge the administrative penalty. (b) (1) A willful and knowing violation of any regulation that is adopted pursuant to this article is a crime, punishable as (A) an infraction by a fine of not more than one hundred dollars ($100) per individual animal for each violation, (B) a misdemeanor, or (C) a felony. (2) Notwithstanding any other provision of law, the imposition of an administrative penalty pursuant to subdivision (a) shall not preclude prosecution of a person pursuant to paragraph (1). (Added by renumbering Section 10783 by Stats. 1999, Ch. 447, Sec. 6. Effective January 1, 2000.)
  104. 10791.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Importation and Sale [10701 - 10791] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Marking and Validations [10791- 10791.] ( Article 5 added by Stats. 2022, Ch. 469, Sec. 37. )

    Verify source ↗

    The department must adopt regulations requiring certain domestic swine to be identified with a brand, tattoo, or other department-approved permanent mark or visible validation.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Importation and Sale [10701 - 10791] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Marking and Validations [10791- 10791.] ( Article 5 added by Stats. 2022, Ch. 469, Sec. 37. ) ## 10791. (a) The department shall adopt regulations to require a person who possesses a domestic swine that has two or more phenotypical characteristics specified in subparagraph (B) of paragraph (1) of subdivision (a) of Section 4650 of the Fish and Game Code to identify the swine with a brand, tattoo, or other permanent mark or visible validation approved by the department. (b) This section shall become operative on July 1, 2024. (Added by Stats. 2022, Ch. 469, Sec. 37. (SB 856) Effective January 1, 2023. Operative July 1, 2024, by its own provisions.)
  105. 10901.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Garbage Control [10901 - 10990] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [10901- 10901.] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “garbage” for this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Garbage Control [10901 - 10990] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [10901- 10901.] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 10901. As used in this chapter, “garbage” means any waste which consists in whole or in part of any animal waste that results from the handling, preparing, cooking, and consuming of food, including the offal from any animal carcass or from any part of an animal carcass. It does not, however, include such waste from ordinary household operations which is fed directly to swine on the premises. (Enacted by Stats. 1967, Ch. 15.)
  106. 10921.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Garbage Control [10901 - 10990] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [10921 - 10923] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may make and enforce regulations that are reasonable and necessary to carry out this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Garbage Control [10901 - 10990] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [10921 - 10923] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 10921. The director may make and enforce such regulations as are reasonable and necessary to carry out the provisions of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  107. 10922.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Garbage Control [10901 - 10990] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [10921 - 10923] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may enter premises where garbage is fed to swine, inspect and test related equipment or facilities, and order persons subject to the chapter in writing to stop using equipment or facilities found to be unsuitable or improperly operated or maintained.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Garbage Control [10901 - 10990] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [10921 - 10923] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 10922. The director may enter any premises where garbage is fed to swine and may examine and test any equipment or facilities for processing and handling garbage. He may in writing order any person that is subject to this chapter to cease the operation of any equipment or facility which he finds is unsuitable or improperly operated or maintained. (Enacted by Stats. 1967, Ch. 15.)
  108. 10923.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Garbage Control [10901 - 10990] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [10921 - 10923] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    People subject to this chapter must keep required records and memoranda, file required reports, and allow the director to inspect those records during usual business hours.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Garbage Control [10901 - 10990] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [10921 - 10923] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 10923. Every person that is subject to this chapter shall keep and maintain such records or memoranda and furnish such reports as the director by regulations may require. The records and memoranda shall be open to inspection by the director during usual business hours. (Enacted by Stats. 1967, Ch. 15.)
  109. 10951.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Garbage Control [10901 - 10990] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Processing [10951 - 10952] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person must not feed swine any garbage unless the garbage has been processed under this article and the director’s regulations.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Garbage Control [10901 - 10990] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Processing [10951 - 10952] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 10951. In order to prevent the spread of vesicular exanthema and other contagious and infectious diseases of swine, it is unlawful for any person to feed swine any garbage unless the garbage has been processed in accordance with the provisions of this article and the regulations which are adopted by the director pursuant to it. (Enacted by Stats. 1967, Ch. 15.)
  110. 10952.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Garbage Control [10901 - 10990] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Processing [10951 - 10952] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Garbage must be heated to boiling or an equivalent temperature for 30 minutes before it is fed to swine, unless it is treated in a way prescribed by the director’s regulations.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Garbage Control [10901 - 10990] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Processing [10951 - 10952] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 10952. All garbage, regardless of previous processing, before being fed to swine, shall be thoroughly heated throughout to boiling or equivalent temperature (usually 212 degrees Fahrenheit at sea level) for 30 minutes, or otherwise treated in a manner which is prescribed in the regulations of the director. (Enacted by Stats. 1967, Ch. 15.)
  111. 10981.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Garbage Control [10901 - 10990] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Licensing [10981 - 10990] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person may not feed garbage to swine unless they have a valid annual license from the director for each separate premises.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Garbage Control [10901 - 10990] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Licensing [10981 - 10990] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 10981. It is unlawful for any person to feed garbage to swine unless he has a valid annual license issued by the director for each separate premises where garbage is fed to swine. (Enacted by Stats. 1967, Ch. 15.)
  112. 10982.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Garbage Control [10901 - 10990] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Licensing [10981 - 10990] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An application for a license to feed garbage to swine must use the form prescribed by the director and include the applicant’s name and address, the premises location, and any other information the director requires.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Garbage Control [10901 - 10990] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Licensing [10981 - 10990] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 10982. An application for a license to feed garbage to swine shall be in the form which is prescribed by the director, and shall state all of the following: (a) The name and address of the applicant. (b) The location of the premises for which the license is requested. (c) Such other information which the director may require. (Enacted by Stats. 1967, Ch. 15.)
  113. 10983.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Garbage Control [10901 - 10990] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Licensing [10981 - 10990] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A license application must be accompanied by a $20 fee.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Garbage Control [10901 - 10990] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Licensing [10981 - 10990] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 10983. Each application for a license shall be accompanied by a fee of twenty dollars ($20). (Enacted by Stats. 1967, Ch. 15.)
  114. 10984.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Garbage Control [10901 - 10990] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Licensing [10981 - 10990] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A license renewal application, with the proper fee, must be filed by the last day of the calendar year for which the current license was issued.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Garbage Control [10901 - 10990] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Licensing [10981 - 10990] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 10984. An application for renewal of a license, accompanied by the proper fee, shall be made on or before the last day of the calendar year for which the current license was issued. (Enacted by Stats. 1967, Ch. 15.)
  115. 10985.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Garbage Control [10901 - 10990] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Licensing [10981 - 10990] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If a fee is not paid when due, a $20 penalty is added.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Garbage Control [10901 - 10990] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Licensing [10981 - 10990] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 10985. To any fee which is not paid when due, there shall be added a penalty of twenty dollars ($20). (Enacted by Stats. 1967, Ch. 15.)
  116. 10986.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Garbage Control [10901 - 10990] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Licensing [10981 - 10990] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A licensee is entitled to feed garbage to swine on the licensed premises during the license period, subject to this chapter, its regulations, and applicable local or municipal ordinances.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Garbage Control [10901 - 10990] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Licensing [10981 - 10990] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 10986. Each license issued pursuant to this chapter entitles the licensee to feed garbage to swine on the premises that are described in the license, during the period for which the license is issued, in accordance with the provisions of this chapter and the regulations issued under it and in compliance with any local or municipal ordinances which are applicable to the feeding of garbage to swine. (Enacted by Stats. 1967, Ch. 15.)
  117. 10987.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Garbage Control [10901 - 10990] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Licensing [10981 - 10990] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may refuse, revoke, or suspend a license if, after a hearing, the listed conditions are found.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Garbage Control [10901 - 10990] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Licensing [10981 - 10990] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 10987. The director may refuse to issue a license or renewal of license, and may revoke or suspend any license, as the case may require, if he finds after hearing, that any of the following exist: (a) The premises which are described in the application or license are not operated in a clean and sanitary manner so as to prevent the continuation and spread of vesicular exanthema. (b) The premises which are described in the application or license are not adequately equipped or maintained in the manner required by this chapter and the regulations adopted pursuant to it. (c) The applicant or licensee has violated any lawful order of the director which is issued pursuant to this chapter. (Enacted by Stats. 1967, Ch. 15.)
  118. 10988.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Garbage Control [10901 - 10990] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Licensing [10981 - 10990] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Hearings under this chapter must follow Government Code Chapter 5, and the director has all powers given by that chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Garbage Control [10901 - 10990] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Licensing [10981 - 10990] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 10988. The proceedings for all hearings pursuant to this chapter shall be conducted in accordance with Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2, of the Government Code. The director shall have all powers which are granted by such chapter. (Enacted by Stats. 1967, Ch. 15.)
  119. 10989.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Garbage Control [10901 - 10990] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Licensing [10981 - 10990] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Certain state, county, municipal, or other public institutions and agencies that feed garbage to swine do not need a license, but they must follow the rest of the chapter and its regulations.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Garbage Control [10901 - 10990] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Licensing [10981 - 10990] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 10989. Any institution or agency of the state, a county, or any municipal or other public corporation which is feeding garbage to swine is not required to procure a license, but shall comply with all other provisions of this chapter and the regulations which are adopted pursuant to this chapter. (Enacted by Stats. 1967, Ch. 15.)
  120. 10990.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Garbage Control [10901 - 10990] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Licensing [10981 - 10990] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section says the chapter does not stop any city or county from licensing people who feed garbage to swine.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISEASED SWINE [10701 - 10990] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Garbage Control [10901 - 10990] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Licensing [10981 - 10990] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 10990. This chapter does not prohibit any city or county from licensing persons that feed garbage to swine. (Enacted by Stats. 1967, Ch. 15.)
  121. 11.

    ## Food and Agricultural Code - FAC ## GENERAL PROVISIONS AND DEFINITIONS ( General Provisions enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Any notice, report, statement, or record that this code requires to be kept or made in writing must be in English.

    ## Food and Agricultural Code - FAC ## GENERAL PROVISIONS AND DEFINITIONS ( General Provisions enacted by Stats. 1967, Ch. 15. ) ## 11. Whenever any notice, report, statement, or record is required by this code to be kept or made in writing, it shall be in the English language. (Enacted by Stats. 1967, Ch. 15.)
  122. 11201.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 4. ANIMALS DETRIMENTAL TO AGRICULTURE [11201 - 11305] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Importation and Transportation [11201- 11201.] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section says other code sections apply to importing, shipping, or transporting animals detrimental to agriculture within the state.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 4. ANIMALS DETRIMENTAL TO AGRICULTURE [11201 - 11305] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Importation and Transportation [11201- 11201.] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 11201. Sections 5025, 6304, and 6305 of this code are applicable to the importation into, or the shipment or transportation within, this state of animals which are detrimental to agriculture. (Enacted by Stats. 1967, Ch. 15.)
  123. 11221.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 4. ANIMALS DETRIMENTAL TO AGRICULTURE [11201 - 11305] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Predators [11221 - 11305] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Hunters and Trappers [11221 - 11223] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may employ hunters and trappers statewide to control or eradicate coyotes and other harmful predatory animals, and to shoot or trap bears that are damaging livestock, crops, or standing timber.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 4. ANIMALS DETRIMENTAL TO AGRICULTURE [11201 - 11305] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Predators [11221 - 11305] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Hunters and Trappers [11221 - 11223] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 11221. The director may employ hunters and trappers throughout the state to control or eradicate coyotes and other harmful predatory animals and to shoot or trap bears which are damaging livestock, agricultural crops, or standing timber. (Enacted by Stats. 1967, Ch. 15.)
  124. 11222.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 4. ANIMALS DETRIMENTAL TO AGRICULTURE [11201 - 11305] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Predators [11221 - 11305] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Hunters and Trappers [11221 - 11223] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may make contracts with a federal wildlife agency to support the federal government and may set the manner, terms, and conditions of that cooperation.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 4. ANIMALS DETRIMENTAL TO AGRICULTURE [11201 - 11305] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Predators [11221 - 11305] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Hunters and Trappers [11221 - 11223] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 11222. For the purposes of this article, the director may enter into contracts with the Bureau of Sports Fisheries and Wildlife of the United States Department of the Interior to enlist the support of the federal government. He may prescribe the manner, terms, and conditions of such cooperation. (Enacted by Stats. 1967, Ch. 15.)
  125. 11223.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 4. ANIMALS DETRIMENTAL TO AGRICULTURE [11201 - 11305] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Predators [11221 - 11305] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Hunters and Trappers [11221 - 11223] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Hunters or trappers controlling or eradicating bears under this article must not use iron or steel-jawed traps.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 4. ANIMALS DETRIMENTAL TO AGRICULTURE [11201 - 11305] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Predators [11221 - 11305] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Hunters and Trappers [11221 - 11223] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 11223. No iron or steel-jawed trap shall be used by any hunter or trapper who is engaged in controlling or eradicating any bears pursuant to this article. (Enacted by Stats. 1967, Ch. 15.)
  126. 11261.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 4. ANIMALS DETRIMENTAL TO AGRICULTURE [11201 - 11305] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Predators [11221 - 11305] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Donations [11261 - 11262] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may accept money donations on behalf of the state from people, boards of supervisors, or other agencies interested in controlling coyotes and other predatory animals.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 4. ANIMALS DETRIMENTAL TO AGRICULTURE [11201 - 11305] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Predators [11221 - 11305] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Donations [11261 - 11262] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 11261. The director may accept, on behalf of the state, donations of money from any person, board of supervisors, or other agency interested in the control of coyotes and other predatory animals. Any such money shall be paid into the State Treasury and credited to the Department of Agriculture Fund. (Enacted by Stats. 1967, Ch. 15.)
  127. 11262.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 4. ANIMALS DETRIMENTAL TO AGRICULTURE [11201 - 11305] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Predators [11221 - 11305] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Donations [11261 - 11262] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Some donated funds must be used only in the county or locality tied to the donation, unless the relevant board or the donors allow otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 4. ANIMALS DETRIMENTAL TO AGRICULTURE [11201 - 11305] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Predators [11221 - 11305] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Donations [11261 - 11262] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 11262. Money which is made available by any board of supervisors that is accepted pursuant to this article shall be expended solely within the boundaries of the county which makes the appropriation, unless otherwise authorized by the board of supervisors. All other donations shall be applied to the particular locality in which the donors are interested, unless they specifically consent to the use of their donations in other localities. (Enacted by Stats. 1967, Ch. 15.)
  128. 11281.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 4. ANIMALS DETRIMENTAL TO AGRICULTURE [11201 - 11305] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Predators [11221 - 11305] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Management of Coyotes on Public Lands [11281 - 11284] ( Article 4 added by Stats. 1982, Ch. 1491, Sec. 1. )

    Verify source ↗

    The director may control coyotes on state-owned land when they are causing damage, subject to listed land-based exceptions.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 4. ANIMALS DETRIMENTAL TO AGRICULTURE [11201 - 11305] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Predators [11221 - 11305] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Management of Coyotes on Public Lands [11281 - 11284] ( Article 4 added by Stats. 1982, Ch. 1491, Sec. 1. ) ## 11281. If any coyotes are found to exist on land which is owned by the state, other than lands subject to the control of the Department of Parks and Recreation and other than ecological reserves established pursuant to Article 4 (commencing with Section 1580) of Chapter 5 of Division 2 of the Fish and Game Code and the coyotes are found to be causing damage on public or private land, the director may control, may employ persons pursuant to Article 1 (commencing with Section 11221) to control, or may contract with the commissioner to control, the coyotes which are determined to be the cause of the damage. (Added by Stats. 1982, Ch. 1491, Sec. 1.)
  129. 11282.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 4. ANIMALS DETRIMENTAL TO AGRICULTURE [11201 - 11305] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Predators [11221 - 11305] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Management of Coyotes on Public Lands [11281 - 11284] ( Article 4 added by Stats. 1982, Ch. 1491, Sec. 1. )

    Verify source ↗

    Before any coyote control program under this article is implemented, the director must consult with and get the consent of the director of the department that oversees the state land.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 4. ANIMALS DETRIMENTAL TO AGRICULTURE [11201 - 11305] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Predators [11221 - 11305] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Management of Coyotes on Public Lands [11281 - 11284] ( Article 4 added by Stats. 1982, Ch. 1491, Sec. 1. ) ## 11282. Prior to implementation of any control program pursuant to this article, the director shall consult with and obtain the consent of the director of the department which has jurisdiction over the state land. (Added by Stats. 1982, Ch. 1491, Sec. 1.)
  130. 11283.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 4. ANIMALS DETRIMENTAL TO AGRICULTURE [11201 - 11305] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Predators [11221 - 11305] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Management of Coyotes on Public Lands [11281 - 11284] ( Article 4 added by Stats. 1982, Ch. 1491, Sec. 1. )

    Verify source ↗

    The director must submit an annual memorandum of understanding to the Director of Fish and Game for review and approval before implementing any coyote control program under this article.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 4. ANIMALS DETRIMENTAL TO AGRICULTURE [11201 - 11305] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Predators [11221 - 11305] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Management of Coyotes on Public Lands [11281 - 11284] ( Article 4 added by Stats. 1982, Ch. 1491, Sec. 1. ) ## 11283. The director shall submit an annual memorandum of understanding to the Director of Fish and Game for review and approval prior to implementing any coyote control program pursuant to this article. (Added by Stats. 1982, Ch. 1491, Sec. 1.)
  131. 11284.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 4. ANIMALS DETRIMENTAL TO AGRICULTURE [11201 - 11305] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Predators [11221 - 11305] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Management of Coyotes on Public Lands [11281 - 11284] ( Article 4 added by Stats. 1982, Ch. 1491, Sec. 1. )

    Verify source ↗

    This article does not authorize the use of Compound 1080 for predator control on public lands.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 4. ANIMALS DETRIMENTAL TO AGRICULTURE [11201 - 11305] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Predators [11221 - 11305] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Management of Coyotes on Public Lands [11281 - 11284] ( Article 4 added by Stats. 1982, Ch. 1491, Sec. 1. ) ## 11284. Nothing in this article authorizes the use of Compound 1080 for predator control on public lands. (Added by Stats. 1982, Ch. 1491, Sec. 1.)
  132. 11301.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 4. ANIMALS DETRIMENTAL TO AGRICULTURE [11201 - 11305] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Predators [11221 - 11305] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Management of Coyotes on State Park Lands and in Ecological Reserves [11301 - 11305] ( Article 5 added by Stats. 1982, Ch. 1491, Sec. 2. )

    Verify source ↗

    This section defines “state park lands” as lands controlled by the Department of Parks and Recreation.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 4. ANIMALS DETRIMENTAL TO AGRICULTURE [11201 - 11305] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Predators [11221 - 11305] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Management of Coyotes on State Park Lands and in Ecological Reserves [11301 - 11305] ( Article 5 added by Stats. 1982, Ch. 1491, Sec. 2. ) ## 11301. As used in this article, “state park lands” means any lands subject to the control of the Department of Parks and Recreation. (Added by Stats. 1982, Ch. 1491, Sec. 2.)
  133. 11302.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 4. ANIMALS DETRIMENTAL TO AGRICULTURE [11201 - 11305] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Predators [11221 - 11305] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Management of Coyotes on State Park Lands and in Ecological Reserves [11301 - 11305] ( Article 5 added by Stats. 1982, Ch. 1491, Sec. 2. )

    Verify source ↗

    The director may ask the relevant department to help gather and evaluate evidence about coyotes using state park lands or ecological reserves as refuge and damaging nearby private property. If the director makes that request, the department must cooperate.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 4. ANIMALS DETRIMENTAL TO AGRICULTURE [11201 - 11305] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Predators [11221 - 11305] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Management of Coyotes on State Park Lands and in Ecological Reserves [11301 - 11305] ( Article 5 added by Stats. 1982, Ch. 1491, Sec. 2. ) ## 11302. The director, upon receiving information causing him or her to believe that coyotes are finding refuge on state park lands or on ecological reserves and are causing damage to nearby private property, may request the Department of Parks and Recreation, in the case of state park lands, or the Department of Fish and Game, in the case of ecological reserves, to cooperate in the acquisition and evaluation of evidence to that effect. Upon a request by the director, the department or departments shall cooperate in the evaluation or acquisition. (Added by Stats. 1982, Ch. 1491, Sec. 2.)
  134. 11303.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 4. ANIMALS DETRIMENTAL TO AGRICULTURE [11201 - 11305] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Predators [11221 - 11305] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Management of Coyotes on State Park Lands and in Ecological Reserves [11301 - 11305] ( Article 5 added by Stats. 1982, Ch. 1491, Sec. 2. )

    Verify source ↗

    If coyotes are taking refuge on state park lands or an ecological reserve and damaging nearby private property, the listed departments may make an interdepartmental agreement to control them.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 4. ANIMALS DETRIMENTAL TO AGRICULTURE [11201 - 11305] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Predators [11221 - 11305] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Management of Coyotes on State Park Lands and in Ecological Reserves [11301 - 11305] ( Article 5 added by Stats. 1982, Ch. 1491, Sec. 2. ) ## 11303. Upon a determination pursuant to Section 11302 that coyotes are finding refuge on state park lands or on an ecological reserve and are causing damage to nearby private property, the director and the Department of Parks and Recreation, with the review and approval of the Director of Fish and Game as to state park lands, or the Department of Fish and Game as to ecological preserves, may enter into an interdepartmental agreement to control coyotes finding refuge on state park lands or on ecological reserves and causing damage to nearby private property. Methods utilized to take the coyotes shall be specific to those coyotes which are causing the damage. The Department of Parks and Recreation or the Department of Fish and Game shall specify the methods of take, location of take, time of take, necessary protections for public safety, protections convenient for state park lands or ecological reserve users and uses, and may specify whether the department is to employ persons to control coyotes pursuant to Article 1 (commencing with Section 11221) or whether control is to be done by the Department of Parks and Recreation or the Department of Fish and Game. (Added by Stats. 1982, Ch. 1491, Sec. 2.)
  135. 11304.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 4. ANIMALS DETRIMENTAL TO AGRICULTURE [11201 - 11305] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Predators [11221 - 11305] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Management of Coyotes on State Park Lands and in Ecological Reserves [11301 - 11305] ( Article 5 added by Stats. 1982, Ch. 1491, Sec. 2. )

    Verify source ↗

    The Department of Parks and Recreation or the Department of Fish and Game may submit reimbursement claims for direct costs tied to implementing this article.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 4. ANIMALS DETRIMENTAL TO AGRICULTURE [11201 - 11305] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Predators [11221 - 11305] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Management of Coyotes on State Park Lands and in Ecological Reserves [11301 - 11305] ( Article 5 added by Stats. 1982, Ch. 1491, Sec. 2. ) ## 11304. The Department of Parks and Recreation or the Department of Fish and Game may submit claims to the department for reimbursement of direct costs incurred pursuant to the implementation of this article which shall be paid if found by the director to be reasonably necessary to implement this article. (Added by Stats. 1982, Ch. 1491, Sec. 2.)
  136. 11305.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 4. ANIMALS DETRIMENTAL TO AGRICULTURE [11201 - 11305] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Predators [11221 - 11305] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Management of Coyotes on State Park Lands and in Ecological Reserves [11301 - 11305] ( Article 5 added by Stats. 1982, Ch. 1491, Sec. 2. )

    Verify source ↗

    This section says the article does not authorize using Compound 1080 for predator control on state park lands or in ecological reserves.

    ## Food and Agricultural Code - FAC ## DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 - 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) ## PART 4. ANIMALS DETRIMENTAL TO AGRICULTURE [11201 - 11305] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Predators [11221 - 11305] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Management of Coyotes on State Park Lands and in Ecological Reserves [11301 - 11305] ( Article 5 added by Stats. 1982, Ch. 1491, Sec. 2. ) ## 11305. Nothing in this article authorizes the use of Compound 1080 for predator control on state park lands and in ecological reserves. (Added by Stats. 1982, Ch. 1491, Sec. 2.)
  137. 11401.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 1. Definitions [11401 - 11485] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The chapter’s definitions control how this division is interpreted unless the context requires otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 1. Definitions [11401 - 11485] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 11401. Unless the context otherwise requires, the definitions in this chapter govern the construction of this division. (Enacted by Stats. 1967, Ch. 15.)
  138. 11401.7.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 1. Definitions [11401 - 11485] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “integrated pest management” as an ecosystem-based approach to preventing pests and using pesticides and other pest control materials in a targeted, risk-minimizing way.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 1. Definitions [11401 - 11485] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 11401.7. “Integrated pest management” means an ecosystem-based strategy that focuses on long-term prevention of pests or their damage through a combination of techniques such as biological control, habitat manipulation, modification of cultural practices, and use of resistant varieties. Pesticides are used only after monitoring indicates they are needed according to established guidelines and treatments are made with the goal of removing only the target organism. Pest control materials are selected and applied in a manner that minimizes risks to human health, beneficial and nontarget organisms, and the environment. (Added by Stats. 2024, Ch. 60, Sec. 2. (AB 2113) Effective July 2, 2024.)
  139. 11402.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 1. Definitions [11401 - 11485] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “license” to include three kinds of pest control licenses.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 1. Definitions [11401 - 11485] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 11402. “License” means pest control business license, agricultural pest control adviser’s license, or pest control dealer’s license. (Amended by Stats. 1993, Ch. 620, Sec. 1. Effective January 1, 1994.)
  140. 11403.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 1. Definitions [11401 - 11485] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Pest control” is defined to include using or applying a pesticide, and also using substances, methods, or devices to control pests, address pest infestation or plant disorders, or alter plant growth by direct application to plants.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 1. Definitions [11401 - 11485] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 11403. “Pest control” means the use or application of any pesticide. It also means the use of any substance, method, or device to do any of the following: (a) Control pests. (b) Prevent, destroy, repel, mitigate, or correct any pest infestation or disorder of plants. (c) Inhibit, regulate, stimulate, or otherwise alter plant growth by direct application to plants. (Enacted by Stats. 1967, Ch. 15.)
  141. 11404.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 1. Definitions [11401 - 11485] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section says the term “Pesticide” is defined elsewhere, in Section 12753.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 1. Definitions [11401 - 11485] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 11404. “Pesticide” is defined in Section 12753. (Amended by Stats. 1996, Ch. 361, Sec. 11. Effective January 1, 1997.)
  142. 11405.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 1. Definitions [11401 - 11485] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Registrant” means a person who registers under Section 11732 or 12031.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 1. Definitions [11401 - 11485] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 11405. “Registrant” means any person that registers pursuant to Section 11732 or 12031. (Amended by Stats. 1978, Ch. 1050.)
  143. 11407.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 1. Definitions [11401 - 11485] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “pest control dealer” as a person or business that sells certain pesticides or agricultural pest-control products, recommends pesticide sales, or sells restricted pesticides with permit/supervision limits.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 1. Definitions [11401 - 11485] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 11407. “Pest control dealer” means any person, including any manufacturer, distributor, or retailer who engages in any of the following business activities: (a) Selling pesticides to users for an agricultural use. (b) Selling to users any method or device for the control of agricultural pests, such as biological agents, lures, or insect-trapping devices. (c) Soliciting sales of pesticides by making agricultural use recommendations through field representatives, or other agents. (d) Selling to a user a pesticide classified pursuant to Section 14004.5 as a restricted material that requires either a permit for possession and use or which may be used only by or under the direct supervision of a certified applicator. (Amended by Stats. 1993, Ch. 620, Sec. 2. Effective January 1, 1994.)
  144. 11407.5.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 1. Definitions [11401 - 11485] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “pest control dealer” by excluding certain licensed agricultural pest control and structural pest control persons when acting for pesticides they recommend, sell, and apply under their license conditions.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 1. Definitions [11401 - 11485] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 11407.5. “Pest control dealer” does not include either of the following: (a) Any person licensed pursuant to Section 11701 to engage for hire in the business of agricultural pest control, as to pesticides recommended or sold by the licensee and applied by the licensee pursuant to the conditions of the license. (b) Any person licensed to engage in any activity that is defined as structural pest control pursuant to Chapter 14 (commencing with Section 8500) of Division 3 of the Business and Professions Code, as to pesticides recommended or sold by the licensee and applied by the licensee pursuant to the conditions of the license. (Amended by Stats. 1993, Ch. 620, Sec. 3. Effective January 1, 1994.)
  145. 11408.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 1. Definitions [11401 - 11485] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “agricultural use” and excludes several listed pesticide sales or uses from that definition.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 1. Definitions [11401 - 11485] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 11408. “Agricultural use” means the use of any pesticide or method or device for the control of plant or animal pests, or any other pests, or the use of any pesticide for the regulation of plant growth or defoliation of plants. It excludes the sale or use of pesticides in properly labeled packages or containers that are intended for any of the following: (a) Home use. (b) Use in structural pest control. (c) Industrial or institutional use. (d) The control of an animal pest under the written prescription of a veterinarian. (e) Local districts or other public agencies that have entered into and operate under a cooperative agreement with the State Department of Health Services pursuant to Section 116180 of the Health and Safety Code, provided that any exemption under this subdivision is subject to the approval of the director as being required to carry out the purposes of this division. (Amended by Stats. 1996, Ch. 1023, Sec. 50. Effective September 29, 1996.)
  146. 11410.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 1. Definitions [11401 - 11485] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “agricultural pest control adviser.”

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 1. Definitions [11401 - 11485] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 11410. “Agricultural pest control adviser” means any person who offers a recommendation on any agricultural use, who holds himself or herself forth as an authority on any agricultural use, or who solicits services or sales for any agricultural use. (Amended by Stats. 1988, Ch. 1118, Sec. 1.)
  147. 11411.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 1. Definitions [11401 - 11485] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Recommendation” means giving instruction or advice about an agricultural use for a specific application on a specific piece of property.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 1. Definitions [11401 - 11485] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 11411. “Recommendation” means the giving of any instruction or advice on any agricultural use as to any particular application on any particular piece of property. “Recommendation” does not include any summary that does not specify the use to be made for any designated pest, provided that such summary is not in conflict with any registered pesticide label or with the supplementary printed direction delivered therewith or with any rule or regulation of the director. (Amended by Stats. 1978, Ch. 1050.)
  148. 11412.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 1. Definitions [11401 - 11485] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “sustainable pest management.”

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 1. Definitions [11401 - 11485] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 11412. “Sustainable pest management” means a holistic, whole system approach applicable to agricultural and other managed ecosystems and urban and rural communities that builds on the concept of integrated pest management to include the wider context of the three sustainability pillars: human health and social equity; environmental protection; and, economic vitality. (Added by Stats. 2024, Ch. 60, Sec. 3. (AB 2113) Effective July 2, 2024.)
  149. 11454.2.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 1. Definitions [11401 - 11485] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The Department of Pesticide Regulation must consult with the Department of Food and Agriculture on certain pesticide-related actions, and it must request written comments for some proposed final decisions.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 1. Definitions [11401 - 11485] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 11454.2. (a) The Department of Pesticide Regulation shall consult with the Department of Food and Agriculture in any action relating to special local need registrations pursuant to Section 136v of Title 7 of the United States Code, emergency exemptions from registration pursuant to Section 136p of Title 7 of the United States Code, denial of new active ingredient registrations, suspension or cancellation of pesticide registrations or uses, or other measures adopted to mitigate unacceptable adverse pesticidal effects. (b) Consultation pursuant to subdivision (a) shall be as specified in a memorandum of understanding between the Department of Food and Agriculture and the Department of Pesticide Regulation. Information to be provided by the Department of Food and Agriculture shall include, but not be limited to, (1) impacts on agriculture resulting from the proposed action, (2) benefits derived from the use of the pesticide, and (3) any recommended alternative action. (c) Except for a suspension taken pursuant to Section 12826, the Department of Pesticide Regulation shall request in writing comments from the Department of Food and Agriculture regarding any proposed final decision to deny a new active ingredient registration or to suspend or cancel a pesticide registration. The Department of Pesticide Regulation shall specify in its request the period within which the Department of Food and Agriculture shall submit its comments in order for the Department of Pesticide Regulation to consider and to respond to them in the final written decision. (Added by Stats. 1992, Ch. 706, Sec. 8. Effective September 15, 1992.)
  150. 11456.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 1. Definitions [11401 - 11485] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may adopt regulations, inspect premises, and arrange collaborative services, and must issue and renew pest control licenses and certificates for three years starting January 1, 2025, with a possible shorter period for some applicants.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 1. Definitions [11401 - 11485] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 11456. The director may do all of the following: (a) Adopt regulations that are reasonably necessary to carry out the provisions of this code that the director is required or authorized to administer or enforce. (b) Enter upon any premises to inspect the premises or any plant, appliance, or thing that is on those premises. (c) Notwithstanding any other provision of law, and except as provided in subdivision (d), provide, by rule or regulation, for the issuance and renewal on a two-year basis of licenses, certificates of registration, or other indicia of authority issued pursuant to the provisions of this code that the director is required or authorized to administer or enforce. (d) Adopt regulations for the issuance and renewal of licenses and certificates for pest control operations. On or after January 1, 2025, the director shall issue and renew these licenses and certificates for three years; provided, however, a license or certificate may be issued for less than three years based on when the applicant enters the three-year cycle. (e) Arrange for the services of any individual employed by the United States, the state, or a county on a collaborative basis and allow that person a reasonable fee and necessary expenses that are incurred when serving the department in a collaborative capacity. (Added by Stats. 2022, Ch. 60, Sec. 4. (AB 203) Effective June 30, 2022.)
  151. 11472.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 1. Definitions [11401 - 11485] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must keep a separate record of income classes and sources credited to and disbursed from the Department of Pesticide Regulation Fund.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 1. Definitions [11401 - 11485] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 11472. The director shall keep a separate record of the classes and sources of income that is credited to, and disbursed from, the Department of Pesticide Regulation Fund. (Added by Stats. 1996, Ch. 361, Sec. 12. Effective January 1, 1997.)
  152. 11472.1.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 1. Definitions [11401 - 11485] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The department must publish a yearly financial report by October 31 and make it available to the public.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 1. Definitions [11401 - 11485] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 11472.1. On or before October 31 of each year, the department shall publish a financial report regarding the preceding fiscal year and shall make this report available to the public. The report shall describe in detail the amount and source of funding for the major programmatic functions of the department and other relevant information that may aid in evaluating the scope and impact of the activities of the department. (Amended by Stats. 2006, Ch. 77, Sec. 1. Effective July 18, 2006.)
  153. 11480.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 1. Definitions [11401 - 11485] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Refunds [11480 - 11485] ( Article 4 added by Stats. 1999, Ch. 609, Sec. 1. )

    Verify source ↗

    This section defines “fee” for this article to include several kinds of charges, such as application, license, permit, inspection, certification, registration, identification, analysis, certificate, and delinquent fees.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 1. Definitions [11401 - 11485] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Refunds [11480 - 11485] ( Article 4 added by Stats. 1999, Ch. 609, Sec. 1. ) ## 11480. “Fee,” as used in this article, includes, but is not limited to, any application fee, license fee, permit fee, inspection fee, certification fee, registration fee, identification fee, analysis fee, certificate fee, or delinquent fee. (Added by Stats. 1999, Ch. 609, Sec. 1. Effective January 1, 2000.)
  154. 11481.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 1. Definitions [11401 - 11485] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Refunds [11480 - 11485] ( Article 4 added by Stats. 1999, Ch. 609, Sec. 1. )

    Verify source ↗

    The director may authorize refunds of certain fees, assessments, or taxes, but not for money tied to settlement documents or refund requests made more than four years after payment.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 1. Definitions [11401 - 11485] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Refunds [11480 - 11485] ( Article 4 added by Stats. 1999, Ch. 609, Sec. 1. ) ## 11481. (a) The director may authorize the refund of any money that is received or collected by the department in the payment of any fee, assessment, or tax, except that the director shall not authorize a refund of any money received by the department pursuant to a settlement agreement, stipulated judgment, or similar document or if the refund request is submitted more than four years after the payment was made. (b) An amount equal to the amount of the refund is, notwithstanding Section 13340 of the Government Code, hereby continuously appropriated without regard to fiscal years, from the funds into which the fees were deposited, to the director to make the refunds. (Added by Stats. 1999, Ch. 609, Sec. 1. Effective January 1, 2000.)
  155. 11482.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 1. Definitions [11401 - 11485] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Refunds [11480 - 11485] ( Article 4 added by Stats. 1999, Ch. 609, Sec. 1. )

    Verify source ↗

    Refunds may be made, in whole or in part, if a payer asks before services or inspection-related activity has been done, or if a fee, assessment, or tax was overpaid or paid in error.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 1. Definitions [11401 - 11485] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Refunds [11480 - 11485] ( Article 4 added by Stats. 1999, Ch. 609, Sec. 1. ) ## 11482. A refund may be made in whole or in part in any of the following instances: (a) A refund of a fee is requested by the payer before any examination, review, inspection, or similar activity has been performed or services rendered by the department for the payer. (b) The payment of a fee, assessment, or tax represents an overpayment, payment in duplicate, payment in error in law, or payment through error of the payer or the department. (Added by Stats. 1999, Ch. 609, Sec. 1. Effective January 1, 2000.)
  156. 11483.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 1. Definitions [11401 - 11485] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Refunds [11480 - 11485] ( Article 4 added by Stats. 1999, Ch. 609, Sec. 1. )

    Verify source ↗

    The department’s fiscal officer must pay refunds under this article when a proper voucher has been submitted.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 1. Definitions [11401 - 11485] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Refunds [11480 - 11485] ( Article 4 added by Stats. 1999, Ch. 609, Sec. 1. ) ## 11483. The fiscal officer of the department shall make payment of any refund pursuant to this article upon the submission to the fiscal officer of a voucher prepared by the director, or his or her designee, that sets forth the facts that pertain to the refund and authorizes its payment. (Added by Stats. 1999, Ch. 609, Sec. 1. Effective January 1, 2000.)
  157. 11484.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 1. Definitions [11401 - 11485] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Refunds [11480 - 11485] ( Article 4 added by Stats. 1999, Ch. 609, Sec. 1. )

    Verify source ↗

    If refunded money was deposited in the State Treasury, the Controller must move the amount from the credited fund to the director to pay the refund, after the department files a claim.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 1. Definitions [11401 - 11485] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Refunds [11480 - 11485] ( Article 4 added by Stats. 1999, Ch. 609, Sec. 1. ) ## 11484. If any money that is to be refunded has been deposited in the State Treasury, the Controller, upon receipt of a claim that is filed by the department, shall transfer that amount from the fund to which the money is credited to the director for payment of the refund. (Added by Stats. 1999, Ch. 609, Sec. 1. Effective January 1, 2000.)
  158. 11485.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 1. Definitions [11401 - 11485] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Refunds [11480 - 11485] ( Article 4 added by Stats. 1999, Ch. 609, Sec. 1. )

    Verify source ↗

    The director may keep refund amounts under $50, unless the payment was made in error in law, in which case the director must refund it.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 1. Definitions [11401 - 11485] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Refunds [11480 - 11485] ( Article 4 added by Stats. 1999, Ch. 609, Sec. 1. ) ## 11485. If the director finds that the amount of any refund is less than fifty dollars ($50), the director may retain the amount for use for the same purpose for which the original payment was made, unless the payment was made in error in law, in which case the director shall refund the amount. (Added by Stats. 1999, Ch. 609, Sec. 1. Effective January 1, 2000.)
  159. 11501.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 2. General Provisions [11501 - 11520] ( Chapter 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section states the purposes of the pest control division, including safe pesticide use, environmental protection, worker safety, proper labeling, and encouraging integrated pest management.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 2. General Provisions [11501 - 11520] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## 11501. The purposes of this division and Chapter 1 (commencing with Section 12501), Chapter 2 (commencing with Section 12751), Chapter 3 (commencing with Section 14001), and Chapter 3.5 (commencing with Section 14101) of Division 7 are as follows: (a) To provide for the proper, safe, and efficient use of pesticides essential for production of food and fiber and for protection of the public health and safety. (b) To protect the environment from environmentally harmful pesticides by prohibiting, regulating, or ensuring proper stewardship of those pesticides. (c) To assure the agricultural and pest control workers of safe working conditions where pesticides are present. (d) To permit agricultural pest control by competent and responsible licensees and permittees under strict control of the director and commissioners. (e) To assure consumers and users that pesticides are properly labeled and are appropriate for the use designated by the label and that state or local governmental dissemination of information on pesticidal uses of any registered pesticide product is consistent with the uses for which the product is registered. (f) To encourage the development and implementation of pest management systems, stressing application of biological and cultural pest control techniques with selective pesticides when necessary to achieve acceptable levels of control with the least possible harm to nontarget organisms and the environment. (Amended by Stats. 1996, Ch. 361, Sec. 14. Effective January 1, 1997.)
  160. 11501.1.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 2. General Provisions [11501 - 11520] ( Chapter 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Local governments generally may not regulate pesticide registration, sale, transportation, or use, and the director must act when a local rule is preempted.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 2. General Provisions [11501 - 11520] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## 11501.1. (a) This division and Division 7 (commencing with Section 12501) are of statewide concern and occupy the whole field of regulation regarding the registration, sale, transportation, or use of pesticides to the exclusion of all local regulation. Except as otherwise specifically provided in this code, no ordinance or regulation of local government, including, but not limited to, an action by a local governmental agency or department, a county board of supervisors or a city council, or a local regulation adopted by the use of an initiative measure, may prohibit or in any way attempt to regulate any matter relating to the registration, sale, transportation, or use of pesticides, and any of these ordinances, laws, or regulations are void and of no force or effect. (b) If the director determines that an ordinance or regulation, on its face or in its application, is preempted by subdivision (a), the director shall notify the promulgating entity that it is preempted by state law. If the entity does not repeal its ordinance or regulation, the director shall maintain an action for declaratory relief to have the ordinance or regulation declared void and of no force or effect, and shall also bring an action to enjoin enforcement of the ordinance or regulation. (c) Neither this division nor Division 7 (commencing with Section 12501) is a limitation on the authority of a state agency or department to enforce or administer any law that the agency or department is authorized or required to enforce or administer. (d) At the request of any state agency disseminating information on the pesticidal uses of any product, the director shall consult with, and provide technical assistance to, that agency to ensure that the dissemination is based on valid scientific information and consistent with state law. (Amended by Stats. 1996, Ch. 361, Sec. 15. Effective January 1, 1997.)
  161. 11501.5.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 2. General Provisions [11501 - 11520] ( Chapter 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director and each county commissioner must enforce this division and the regulations issued under it.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 2. General Provisions [11501 - 11520] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## 11501.5. The director, and the commissioner of each county under the direction and supervision of the director, shall enforce this division and the regulations which are issued pursuant to it. (Added by renumbering Section 11501 by Stats. 1971, Ch. 1276.)
  162. 11502.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 2. General Provisions [11501 - 11520] ( Chapter 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must adopt regulations governing the conduct of the pest control business.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 2. General Provisions [11501 - 11520] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## 11502. The director shall adopt regulations which govern the conduct of the business of pest control. (Enacted by Stats. 1967, Ch. 15.)
  163. 11502.5.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 2. General Provisions [11501 - 11520] ( Chapter 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may set and approve continuing-education rules for pesticide licensing, and must refuse renewal if required continuing education was not completed.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 2. General Provisions [11501 - 11520] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## 11502.5. (a) The director may adopt regulations to establish the minimum requirements of education, continuing education, training, experience, and examination for applicants for any license or certificate, or renewal of any license or certificate, issued by the director pursuant to this division or Division 7 (commencing with Section 12500). A regulation adopted or amended pursuant to this section pertaining to continuing education requirements shall establish minimum course requirements related to pesticides and pest management. The director shall approve courses that include plant health, organic and sustainable practices, integrated pest management, water and air monitoring and residue mitigation, maximum residue levels, quarantine practices, and the on-farm storage of fumigants, all in the context of pesticides and pest management. The director shall not renew a license or certificate if the person who was issued the license or certificate did not complete the required continuing education during the period of validity of the license or certificate, and the person shall take and pass the examination to be again issued the license or certificate. The director shall act within 15 business days of receipt to approve or reject continuing education courses submitted to meet the requirements of this division or Division 7 (commencing with Section 12500). (b) The director shall establish, by regulation, fees for the department’s licensing and certification programs as established pursuant to this division or Division 7 (commencing with Section 12500). These programs include, but are not limited to: (1) License and certificate examination, application, and renewal. (2) Approval of continuing education courses and continuing education course providers. (3) Changes related to any license or certificate, including, but not limited to, name or address changes, license or certificate replacement costs, duplicate copy of a license or certificate, and changes in qualified person, bond, insurance, or registered officers. (4) Penalties for late payment of licensing and certification fees. (c) The fees established pursuant to this section may include administrative costs, including overhead costs. (d) The regulations shall provide that the examination fee may be charged to applicants who request the secretary to reschedule an examination due to the applicant’s failure to obtain a passing score or failure to appear for the scheduled examination, and for scheduling an examination to amend a license. (e) The fees established pursuant to this section shall be set so that the total revenue collected each fiscal year is sufficient to support the expenditure levels for these programs contained in the annual Budget Act. If the secretary determines that the revenue collected during the preceding year was greater than, or less than, the expenditure levels for these programs set forth in the Budget Act, the secretary may further adjust the current fees to compensate for the overcollection or undercollection. (f) Funds collected pursuant to this section shall be deposited into the Department of Pesticide Regulation Fund, and shall be available for expenditure by the department, upon appropriation, for purposes of carrying out the programs established pursuant to this division or Division 7 (commencing with Section 12500). (g) The regulations adopted pursuant to this section, or any amendment thereto, shall be adopted by the secretary in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of these regulations shall be considered by the Office of Administrative Law as an emergency, and necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding any other law, the emergency regulations adopted pursuant to this section shall remain in effect until amended by the secretary. (h) On or before January 31 of each year, if the director determines that they might increase the fees established pursuant to this section during that calendar year, the department shall post the determination on its internet website and shall distribute the determination through any of the department’s relevant email lists. (Amended by Stats. 2024, Ch. 60, Sec. 4. (AB 2113) Effective July 2, 2024.)
  164. 11503.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 2. General Provisions [11501 - 11520] ( Chapter 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A county commissioner may adopt county regulations on pest control operations and related records, but the director must review and approve them before they take effect.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 2. General Provisions [11501 - 11520] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## 11503. The commissioner of any county may adopt regulations applicable in his or her county which are supplemental to those of the director which govern the conduct of pest control operations and records and reports of those operations. The regulations may include provisions pertaining to any matter related to the accomplishment of the purposes of Section 11737. The provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall be followed insofar as practicable in the adoption of the regulations by the commissioner. The regulations shall be filed with the director who shall compile them. Each regulation of the commissioner shall be approved by the director before it becomes operative. The director, in his or her review of the commissioner’s regulations, shall consider, but not be limited to considering, the necessity, authority, clarity, and consistency of the regulations, as these terms are defined in Section 11349 of the Government Code. (Amended by Stats. 1983, Ch. 593, Sec. 1.)
  165. 11503.5.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 2. General Provisions [11501 - 11520] ( Chapter 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The county agricultural commissioner may apply Section 11503 to pesticide use for agricultural production near a school, and the director may disapprove related regulations in writing within 30 calendar days.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 2. General Provisions [11501 - 11520] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## 11503.5. The county agricultural commissioner may apply Section 11503 to the agricultural use of any pesticide for agricultural production within one-quarter mile of a school with respect to the timing, notification, and method of application. Any regulations adopted pursuant to this section shall become operative unless specifically disapproved in writing by the director within 30 calendar days of their submission by the commissioner. (Added by Stats. 2002, Ch. 457, Sec. 2. Effective January 1, 2003.)
  166. 11504.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 2. General Provisions [11501 - 11520] ( Chapter 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Before adopting regulations, a commissioner must publish a notice of intention in the county at least 10 days in advance.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 2. General Provisions [11501 - 11520] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## 11504. Prior to the adoption of regulations by a commissioner, a notice of intention to adopt regulations shall be published in the county, pursuant to Section 6061 of the Government Code, at least 10 days in advance of the time the regulations are to be adopted, amended, or repealed. (Amended by Stats. 2011, Ch. 296, Sec. 105. (AB 1023) Effective January 1, 2012.)
  167. 11505.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 2. General Provisions [11501 - 11520] ( Chapter 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A notice of intention under Section 11504 must include the time, place, and nature of the proceedings, plus either the exact text or an informative summary of the proposed regulations.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 2. General Provisions [11501 - 11520] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## 11505. The notice of intention which is referred to in Section 11504 shall contain a statement of the time, place, and nature of proceedings for the adoption of the regulations, and either the express terms or an informative summary of the proposed regulations. (Enacted by Stats. 1967, Ch. 15.)
  168. 11506.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 2. General Provisions [11501 - 11520] ( Chapter 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The commissioner must mail a copy of the notice of intention at least 10 days before the regulations are adopted, amended, or repealed.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 2. General Provisions [11501 - 11520] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## 11506. At least 10 days prior to the date set for the adoption, amendment, or repeal of the regulations, the commissioner shall mail a copy of the notice of intention to every person who has registered with the commissioner in the manner required by Article 2 (commencing with Section 11731), Chapter 4 of this division, and to any other interested person that has filed with the commissioner a request to receive a notice of such proceedings. (Enacted by Stats. 1967, Ch. 15.)
  169. 11507.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 2. General Provisions [11501 - 11520] ( Chapter 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The commissioner must give interested persons, or their authorized representatives, a chance to submit written statements, arguments, or contentions at the noticed date, time, and place, and may also allow oral presentation.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 2. General Provisions [11501 - 11520] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## 11507. On the date and at the time and place designated in the notice of intention, the commissioner shall afford any interested person or his duly authorized representative, or both, the opportunity to present statements, arguments, or contentions in writing, with or without opportunity to present them orally. (Enacted by Stats. 1967, Ch. 15.)
  170. 11508.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 2. General Provisions [11501 - 11520] ( Chapter 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The commissioner must consider all relevant matter presented to him before adopting any regulation.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 2. General Provisions [11501 - 11520] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## 11508. The commissioner shall consider all relevant matter which is presented to him before he adopts any regulation. (Enacted by Stats. 1967, Ch. 15.)
  171. 11509.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 2. General Provisions [11501 - 11520] ( Chapter 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    In hearings under Section 11507, the commissioner or an authorized representative may administer oaths or affirmations and may continue or postpone the hearing.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 2. General Provisions [11501 - 11520] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## 11509. In any hearing which is conducted pursuant to Section 11507, the commissioner or his duly authorized representative shall have authority to administer oaths or affirmations, and may continue or postpone such hearing, from time to time, to such time and at such place as he shall determine. (Enacted by Stats. 1967, Ch. 15.)
  172. 11510.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 2. General Provisions [11501 - 11520] ( Chapter 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must review and approve the commissioner’s regulations for reasonableness before they take effect, unless they are emergency regulations.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 2. General Provisions [11501 - 11520] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## 11510. The regulations of the commissioner are subject to review and approval by the director as to reasonableness, and if approved they shall be filed with the director. The regulations shall become effective 30 days after they are approved by the director unless they are designated as emergency regulations. (Enacted by Stats. 1967, Ch. 15.)
  173. 11511.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 2. General Provisions [11501 - 11520] ( Chapter 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The commissioner must designate a regulation as an emergency regulation and state the facts in writing when immediate effect is needed for public health, welfare, or safety.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 2. General Provisions [11501 - 11520] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## 11511. If, in the opinion of the commissioner, the public health, welfare, or safety requires that any regulation take effect immediately he shall designate it as an emergency regulation and specify in writing the facts which constitute the necessity. An emergency regulation shall become effective on the date it is approved by the director. (Enacted by Stats. 1967, Ch. 15.)
  174. 11512.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 2. General Provisions [11501 - 11520] ( Chapter 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Hearings conducted by the director under this division must follow specified Government Code hearing procedures, except as Section 11512.5 provides otherwise. The director also has the powers granted in that chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 2. General Provisions [11501 - 11520] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## 11512. Except as provided in Section 11512.5, the proceedings for all hearings conducted by the director pursuant to this division shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The director shall have all of the powers which are granted in that chapter. (Amended by Stats. 1987, Ch. 547, Sec. 1.)
  175. 11512.5.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 2. General Provisions [11501 - 11520] ( Chapter 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The commissioner may refuse, suspend, or revoke a county registration or permit, but must give notice and hearing rights before acting in most cases; emergency suspensions are allowed without prior notice when public health, safety, or the environment is at risk.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 2. General Provisions [11501 - 11520] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## 11512.5. (a) The commissioner may refuse, suspend, or revoke a county registration or permit pursuant to Section 11735, 11924, 12035, or 14008. Before that action is taken, the party whose registration or permit request is to be refused, suspended, or revoked, the registered party, or the permittee shall be given a written notice of the proposed action, including the basis for the action, and shall have the right to request a hearing before the commissioner within 20 days after receiving notice of the proposed action. A notice of the proposed action that is sent by certified mail to the last known address of the person against whom the action is proposed shall be considered received even if delivery is refused or the notice is not accepted at that address. If a hearing is requested, notice of the time and place of the hearing shall be given at least 10 days before the date set for the hearing. At the hearing, the person shall be given an opportunity to present any evidence or argument on his or her own behalf. If a hearing is not requested in a timely manner, the commissioner may take the action proposed without a hearing. If the party whose registration or permit is refused, suspended, or revoked requested and appeared at a hearing, he or she may appeal to the director within 10 days of mailing or personal service of the commissioner’s decision. The following procedure shall apply to the appeal: (1) The appeal need not be formal, but it shall be in writing and signed by the appellant or his or her authorized agent and shall state the grounds for the appeal. The commissioner’s decision shall be stayed pending the director’s decision, except as provided in subdivision (b). The party whose registration or permit has been refused shall remain unregistered or unpermitted pending the outcome of the appeal. (2) Any party may, at the time of filing the appeal or within 10 days thereafter, make written application to the director to present new evidence, stating the materiality of the evidence, and the reasons why the evidence was not introduced at the hearing before the commissioner. The evidence may be allowed in the discretion of the director. Thereafter, 10 days shall be given the parties to rebut the evidence and make written application to the director to present oral or written argument. An application to present written argument shall be granted, but the director shall have discretion to grant oral argument or to grant both oral and written argument. If an application to present oral argument is granted, written notice of the time and place for oral argument shall be given each party at least 10 days before the date set therefor. The time may be shortened by mutual agreement of the parties. If written argument is granted, all parties shall be notified thereof and shall simultaneously file briefs within the time specified by the director. (3) The director shall decide the appeal upon the evidence received at the hearing before the commissioner, oral or written argument, and new or additional evidence as the director may have admitted. (4) On an appeal pursuant to this section, the director may sustain, reverse, or modify the decision of the commissioner. A copy of the director’s decision shall be delivered or mailed to each party. This shall not be a limitation on the director’s authority to institute proceedings against any state license or other indicant of permission issued pursuant to this division or pursuant to Division 7 (commencing with Section 12501). (5) A review of a decision of the director may be sought by the appellant within 30 days of the date of the decision pursuant to Section 1094.5 of the Code of Civil Procedure. (b) Notwithstanding any other provision of law, whenever the commissioner has reason to believe that continuance of a registration or permit specified in subdivision (a) endangers public health or safety or the environment, the commissioner, without prior notice, may immediately suspend the registration or permit. The commissioner shall inform the party registered or the permittee, in writing, of the suspension as soon as practical, specifying the reasons for the immediate suspension. When acting pursuant to this subdivision, the commissioner, within seven days of informing the permittee or registered person of the immediate suspension, shall issue a written notice of proposed action as specified in subdivision (a). Subdivision (a) applies to the notice of proposed action, hearing, and appeal, except as otherwise provided in this subdivision. If a hearing is requested, it shall be held not later than seven days from the date the request for the hearing is received by the commissioner, unless the person requesting the hearing agrees to a later hearing date. The commissioner’s decision shall be issued within 10 days after the conclusion of the hearing. If the party against whom action was taken requested and appeared at a hearing, he or she may appeal the commissioner’s decision, issued following the hearing, to the director as provided in subdivision (a). The director may stay the commissioner’s decision pending the director’s decision. (Amended by Stats. 1996, Ch. 435, Sec. 1. Effective January 1, 1997.)
  176. 11513.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 2. General Provisions [11501 - 11520] ( Chapter 2 enacted by Stats. 1967, Ch. 15. )

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    Money derived from specified pest control operation articles must be paid into the State Treasury for the Department of Food and Agriculture Fund, and money in that fund may be spent on administering and enforcing this division.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 2. General Provisions [11501 - 11520] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## 11513. Any money which is derived under the provisions of Article 1 (commencing with Section 11701) of Chapter 4 and Article 1 (commencing with Section 11901) of Chapter 5 shall be paid into the State Treasury to the credit of the Department of Food and Agriculture Fund. Any money in the Department of Food and Agriculture Fund which is derived under the provisions of this division may be expended for the administration and enforcement of this division, notwithstanding any other provision of law which limits the expenditure of any such money to the specific purposes or to the administration or enforcement of each of these portions of this code separately. (Amended by Stats. 1984, Ch. 193, Sec. 24. Note: See this section as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.)
  177. 11514.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 2. General Provisions [11501 - 11520] ( Chapter 2 enacted by Stats. 1967, Ch. 15. )

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    A licensee whose suspension of 30 days or less becomes final may petition the director before the suspension takes effect to pay money instead of serving all or part of the suspension.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 2. General Provisions [11501 - 11520] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## 11514. Whenever a decision of the director suspends for 30 days or less the license of a person licensed pursuant to Sections 11701 to 11709, inclusive, or Sections 11901 to 11913, inclusive, and such suspension becomes final, the licensee may, before the operative date of such suspension, petition the director for permission to make a monetary payment in lieu of serving all, or a portion, of the suspension. Upon receipt of such petition, the director may stay the suspension while he makes such investigation as he deems desirable and may grant the petition if he is satisfied (a) that the public health, safety and welfare will not be impaired by permitting the licensee to operate during the period set for suspension; (b) the payment of the sum of money will achieve the desired disciplinary purpose; and (c) that it will be possible to determine with reasonable accuracy from the records of the licensee the services which would have been performed under the privilege of the license during the period in which the license would have been suspended. As to a licensee engaged for hire in the business of pest control, the monetary payment stated in the petition shall be in a specific amount, which is estimated to be the equivalent of 20 percent of the gross receipts of the licensee for each day of the suspension and shall not be less than two hundred fifty dollars ($250) nor more than two thousand five hundred dollars ($2,500). As to a licensee licensed with a pest control aircraft pilot’s certificate, the monetary payment in the petition shall be in a specific amount, which is estimated to be the equivalent of 50 percent of the gross earnings of the licensee for all work performed by him under the privileges of the license for each day of the suspension and shall not be less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). When the decision provides that a portion of the suspension shall be stayed on probationary conditions, the petition shall not apply to the portion of the suspension which is so stayed, nor shall such portion be included in determining the 30-day limitation for eligibility of the petition. If the petition is accepted, then upon payment by the licensee of the sum specified the director shall enter his order permanently staying all or a portion of the suspension in accordance with the petition. All payments received pursuant to this section shall be credited to the Department of Agriculture Fund for use in the administration and enforcement of this division. (Amended by Stats. 1979, Ch. 732. Note: See this section as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.)
  178. 11517.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 2. General Provisions [11501 - 11520] ( Chapter 2 enacted by Stats. 1967, Ch. 15. )

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    People whose license or certificate is revoked, or whose application is denied for reasons other than exam failure, cannot apply again for three years in certain related licensing capacities.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 2. General Provisions [11501 - 11520] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## 11517. Any person whose license or certificate issued pursuant to this division, Chapter 3.4 (commencing with Section 14090), or Chapter 3.6 (commencing with Section 14151) of Division 7 is revoked, or whose application for such a license or certificate is denied for reasons other than his or her failure to satisfy examination requirements, is ineligible for a period of three years from the effective date of the decision to deny or revoke the license or certificate to apply or reapply as an individual, a business, or officer, director, administrator, or owner with a 10 percent or greater interest in a business, whichever is applicable, for the same kind of license or certificate or another license or certificate issued by the department if the grounds for the revocation or denial are determined by the department to be directly relevant to the functions, duties, or responsibilities of that other license or certificate. (Amended by Stats. 1999, Ch. 609, Sec. 2. Effective January 1, 2000.)
  179. 11518.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 2. General Provisions [11501 - 11520] ( Chapter 2 enacted by Stats. 1967, Ch. 15. )

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    A commissioner who accepts credit card or other payment-device payments for pest control registrations or services may charge for related costs and must try to minimize those costs.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 2. General Provisions [11501 - 11520] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## 11518. A commissioner accepting payment for pest control registrations or services by credit card or other payment device may impose a charge for costs incurred in connection with that form of payment and shall use his or her best efforts to minimize those costs. The terms “credit card” and “payment device” have the same meaning as defined in Section 6161 of the Government Code. (Added by Stats. 1999, Ch. 889, Sec. 1. Effective January 1, 2000.)
  180. 11519.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 2. General Provisions [11501 - 11520] ( Chapter 2 enacted by Stats. 1967, Ch. 15. )

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    The department must create the Environmental Justice Advisory Committee by January 1, 2026, and the section sets membership, appointment, meeting, recommendation, and posting rules.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 2. General Provisions [11501 - 11520] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## 11519. (a) The department shall convene a Department of Pesticide Regulation Environmental Justice Advisory Committee by January 1, 2026. (b) (1) The advisory committee shall be composed of up to 11 members, and shall include all of the following: (A) At least two environmental justice leaders who represent rural communities with the most significant exposure to pesticides. (B) At least one environmental justice leader who represents urban communities with the most significant exposure to pesticides. (C) At least one representative of Native American, tribal, or indigenous groups. (D) At least one farmworker advocate. (E) Up to one person with expertise in issues affecting socially disadvantaged farmers or ranchers. (F) Up to one agroecologist or biologist with an environmental justice background. (2) The goal of the composition of the advisory committee membership is to reflect the geographic diversity of California and represent communities in the central coast, central valley, and southern and northern California. (c) The Director of Pesticide Regulation shall appoint the advisory committee members from nominations received from environmental justice organizations, community groups, or other organizations or entities implementing program work that seeks to achieve environmental justice as defined in Section 65040.12 of the Government Code through an open, public process. (d) The advisory committee, in consultation with the department, shall adopt a charter that includes, but is not limited to, the governance structure of the advisory committee, term limits, an application process for new advisory committee members, and the process for identifying prioritized recommendations. (e) (1) The advisory committee shall provide prioritized recommendations to the department on ways to integrate environmental justice considerations into department programs, policies, decisionmaking, and activities, and on how the department can improve its engagement with communities with the most significant exposure to pesticides. (2) The advisory committee shall develop prioritized recommendations within the department’s authority as specified in statute. The prioritized recommendations shall be done through a public process and take public feedback into consideration. (f) (1) The members of the advisory committee may receive a reasonable per diem allowance as specified in Section 11564.5 of the Government Code, or at a higher rate that may be established by the department, for each day’s attendance at a noticed meeting of the advisory committee. (2) The members of the advisory committee may be reimbursed for actual and necessary travel expenses incurred in connection with their official duties. (g) The advisory committee members and the department shall cofacilitate advisory committee meetings. The advisory committee shall hold, at a minimum, two public meetings annually, of which at least one per year shall be held in a community with high pesticide use. Members of the advisory committee shall be provided with a remote call-in option. Language access shall be available to advisory committee members and the public. (h) The advisory committee’s recommendations for the department shall be posted, as needed, on the department’s internet website. (i) The department shall post, as needed, on its internet website, an update on its efforts to incorporate the recommendations of the advisory committee. (j) For purposes of this section, the following definitions apply: (1) “Advisory committee” means the Department of Pesticide Regulation Environmental Justice Advisory Committee established pursuant to this section. (2) “Department” means the Department of Pesticide Regulation. (3) “Socially disadvantaged farmer or rancher” has the same meaning as defined in Section 512. (Added by Stats. 2023, Ch. 662, Sec. 1. (AB 652) Effective January 1, 2024.)
  181. 11520.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 2. General Provisions [11501 - 11520] ( Chapter 2 enacted by Stats. 1967, Ch. 15. )

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    The Legislature states that California should implement sustainable pest management and pursue several related policy goals.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 2. General Provisions [11501 - 11520] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## 11520. (a) The Legislature finds and declares that it is important for California to implement sustainable pest management. (b) In order to achieve the goal described in subdivision (a), it is the intent of the Legislature that the state do all of the following: (1) Prioritize prevention and strengthen California’s commitment to pest prevention by doing both of the following fundamental actions: (A) Proactively preventing the establishment of new invasive pest species through a significant expansion of the state’s biosecurity and invasive pest mitigation system. (B) Proactively eliminating pest-conducive conditions both in agricultural and urban settings. (2) Coordinate state-level leadership by doing all of the following: (A) Creating an accountable and connected leadership structure so that the state effectively embeds sustainable pest management principles across agencies. (B) Identifying ways to improve coordination within and between agencies and programs for both agricultural and urban pest management. (C) Enhancing the ability to champion sustainable pest management practices in urban and agricultural settings. (D) Prompting the development of alternatives by encouraging research and innovation. (3) (A) Invest in building sustainable pest management knowledge by significantly reinvesting in sustainable pest management-focused research and outreach so that all pest management practitioners have equal and adequate access to the support and resources necessary to develop and implement their own sustainable pest management system in a way that effectively manages pests, minimizes adverse impacts to humans and the environment, and is economically viable. (B) In agricultural pest management, subparagraph (A) includes securing a significant increase in sustainable pest management-trained technical advisers and funding for sustainable pest management research and outreach and increasing human capacity for those programs in ways that reflect and serve the diversity of California farms and agricultural producers. (C) In urban pest management, subparagraph (A) includes expanding funding and infrastructure for urban sustainable pest management research, innovation, and outreach to align with and reflect the volume and impacts of pesticides used in urban contexts, which requires providing adequate dedicated annual funding for urban-focused academics, research, and extension. (4) Improve California’s pesticide registration processes and bring more alternative products to market by doing all of the following: (A) Creating mechanisms to improve the department’s registration review process and to prioritize and expedite safer, more sustainable products. (B) Requiring the department’s processes to reflect the goals of sustainable pest management and requiring the department to provide clarity on its scientific review and decisionmaking process for both registrants and the public. (C) Requiring the department to improve its processes for evaluating pesticides that are already registered. (5) Enhance monitoring and data collection by significantly expanding and fully funding health and environmental monitoring infrastructure, data collection, and interpretation, which will enable the state to accurately track pesticide-related human illnesses and the presence of pesticides in land, water, air, biota, and structures and provide pesticide-use data and information needed for sound regulatory decisions. (Added by Stats. 2024, Ch. 60, Sec. 5. (AB 2113) Effective July 2, 2024.)
  182. 11531.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 3. Exemptions [11531- 11531.] ( Chapter 3 enacted by Stats. 1967, Ch. 15. )

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    This section exempts a person from Division 6 pest control rules while the person is engaged in certain listed activities, except where Chapter 6 applies or where another specific exception remains.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 3. Exemptions [11531- 11531.] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## 11531. Except as provided in Chapter 6 (commencing with Section 12001), this division does not apply to any person while engaged in any of the following: (a) An activity that is defined as structural pest control and required to be licensed under Chapter 14 (commencing with Section 8500) of Division 3 of the Business and Professions Code. (b) Preservative treatment of fabrics or structural materials. (c) Sanitation services for collection, disposal, and treatment of wastewater, refuse, or sewage. (d) Seed treatment that is incidental to the person’s regular business. (e) Live capture and removal or exclusion of vertebrate pests, bees, or wasps without the use of pesticides. Vertebrate pests include, but are not limited to, bats, raccoons, skunks, squirrels, mice, rats, and pigeons. This section does not exempt a person from the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code). (f) Pool cleaning services, unless the person is selling, applying, using, or distributing a restricted material. (Amended by Stats. 2024, Ch. 60, Sec. 6. (AB 2113) Effective July 2, 2024.)
  183. 11701.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 1. Licenses and Permits [11701 - 11711] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    A person must not advertise, solicit, or operate as a pest control business unless they have a valid pest control business license issued by the director.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 1. Licenses and Permits [11701 - 11711] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 11701. It is unlawful for a person to advertise, solicit, or operate as a pest control business, unless the person has a valid pest control business license issued by the director. (Amended by Stats. 1996, Ch. 435, Sec. 2. Effective January 1, 1997.)
  184. 11701.5.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 1. Licenses and Permits [11701 - 11711] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A business licensed under Section 11701 must ensure each principal and branch office has at least one supervisory person with a qualified applicator license.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 1. Licenses and Permits [11701 - 11711] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 11701.5. Every principal and branch office of a business licensed pursuant to Section 11701 shall have at least one person in a supervisory position who holds a qualified applicator license issued pursuant to Chapter 8 (commencing with Section 12201). The qualified applicator license shall include the categories of pest control activities supervised by that person who is employed by that business. (Amended by Stats. 1993, Ch. 620, Sec. 6. Effective January 1, 1994.)
  185. 11702.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 1. Licenses and Permits [11701 - 11711] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    Applicants for a pest control business license must provide required qualification information, name a qualified applicator responsible for the business, and satisfy the director about responsibility, equipment, facilities, financial ability, and personal responsibility. The director must also set by regulation the general classes of pest control operations for which the applicant may qualify.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 1. Licenses and Permits [11701 - 11711] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 11702. Applicants for a pest control business license shall do all of the following: (a) Submit information to the director covering the applicant’s business and personal qualifications that the director requires. (b) Designate in the application the qualified applicator who shall be responsible for the conduct of the principal office of the applicant and of each branch location. (c) Satisfy the director of the responsibility of the applicant as to any of the following: (1) Equipment and facilities. (2) Financial ability to perform the work authorized by the license and to respond in damages for any illness, injury, or damage resulting from the work, which ability may be satisfied by insurance in a form satisfactory to the director insuring against liability for personal injury and property damage in an amount prescribed by regulation of the director. The amount shall be related to the volume and type of pest control operations for which the applicant is licensed to perform. (3) Personal responsibility to conduct the business. The director shall establish by regulation the general classes of pest control operations in which the applicant may be qualified. Licensing by the director shall not derogate from the authority of commissioners stated in Sections 11731 to 11741, inclusive. (Amended by Stats. 1993, Ch. 620, Sec. 7. Effective January 1, 1994.)
  186. 11703.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 1. Licenses and Permits [11701 - 11711] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    An applicant must include a fee with the application, except where Sections 11704 or 11707 provide אחרת. If the applicant has branch offices and operates the pest control business in this state from them, an additional fee is required for each branch office.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 1. Licenses and Permits [11701 - 11711] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 11703. (a) Except as otherwise provided in Sections 11704 and 11707, the application shall be accompanied by a fee as prescribed by the director pursuant to Section 11502.5. (b) If the applicant maintains any branch office in this state or outside this state and the applicant engages in the pest control business in this state from that branch office, the applicant shall pay an additional fee as prescribed by the director pursuant to Section 11502.5 for each of these branch offices. (Amended by Stats. 2003, Ch. 741, Sec. 48. Effective January 1, 2004.)
  187. 11704.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 1. Licenses and Permits [11701 - 11711] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Some maintenance gardeners who do pest control for hire must qualify for a maintenance gardener pest control license by passing specified examinations.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 1. Licenses and Permits [11701 - 11711] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 11704. (a) A person who is regularly engaged in the business of maintenance gardening and who desires to engage in pest control for hire incidental to that business shall qualify for a pest control business license in the maintenance gardener category by passing the certified commercial applicators examination in both the laws and regulation and the landscape maintenance categories. (b) The maintenance gardener category shall be limited to pest control in ornamental and turf plantings indoors, in commercial parks, or surrounding structures. A contract or verification that the pest control operation is incidental and that maintenance gardening is the primary purpose shall be immediately submitted to the commissioner or director upon request. (c) An application for a license limited to the maintenance gardener category shall be accompanied by a fee as prescribed by the director pursuant to Section 11502.5. (Amended by Stats. 2003, Ch. 741, Sec. 49. Effective January 1, 2004.)
  188. 11705.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 1. Licenses and Permits [11701 - 11711] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must issue a license to each applicant who meets this article’s requirements, unless the license is later revoked or suspended.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 1. Licenses and Permits [11701 - 11711] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 11705. The director shall issue to each applicant that satisfies the requirements of this article a license that authorizes the applicant to perform the type or types of pest control activities specified in the license during the calendar years for which the license is issued, unless the license is sooner revoked or suspended. (Amended by Stats. 2022, Ch. 60, Sec. 5. (AB 203) Effective June 30, 2022.)
  189. 11706.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 1. Licenses and Permits [11701 - 11711] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A license may be renewed before it expires if the renewal application is in the form prescribed by the director and the proper fee is paid.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 1. Licenses and Permits [11701 - 11711] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 11706. The license may be renewed before its expiration through application in the form prescribed by the director and upon payment of the proper fee as prescribed by the director pursuant to Section 11502.5. (Amended by Stats. 2022, Ch. 60, Sec. 6. (AB 203) Effective June 30, 2022.)
  190. 11707.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 1. Licenses and Permits [11701 - 11711] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    If a fee is not paid by its expiration date, a penalty must be added as prescribed by the director.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 1. Licenses and Permits [11701 - 11711] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 11707. To any fee which is not paid by the date of expiration, there shall be added a penalty as prescribed by the director pursuant to Section 11502.5. (Amended by Stats. 2003, Ch. 741, Sec. 50. Effective January 1, 2004.)
  191. 11708.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 1. Licenses and Permits [11701 - 11711] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    The director may refuse, suspend, or revoke a pest control license for listed compliance failures, and may act immediately without a hearing in urgent public-safety cases.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 1. Licenses and Permits [11701 - 11711] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 11708. The director may refuse to grant any license and may revoke or suspend any license if the applicant or licensee: (a) Does not have, or has not maintained at its principal office and at each branch location, a person who holds a qualified applicator license issued pursuant to Chapter 8 (commencing with Section 12201) to actively supervise all operations performed for each such location as prescribed by regulations of the director. This subdivision does not apply to businesses that are licensed only in the maintenance gardener category. (b) Does not have, or has not maintained, adequate safe equipment and facilities to perform the operations undertaken or to be undertaken. (c) Does not have adequately trained personnel to perform the operations undertaken or to be undertaken. (d) Violates or permits the violation of any provision of this division and Division 7 (commencing with Section 12501) pertaining to pesticides or of any regulations adopted pursuant thereto by the director or any commissioner or any industrial safety order relating to pesticides issued by the Department of Industrial Relations. (e) Fails to maintain and report to the director or commissioner, as required, information concerning pest control performed or authorized to be performed by the license or the registration of the commissioner. Any hearing to deny, suspend, or revoke a license shall be heard under the Administrative Procedure Act, Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. However, if the director finds on the basis of affidavits submitted to him or her by the enforcement personnel provided in Section 11501.5, or by injured parties, that the protection of the public welfare or safety requires immediate action, the director may, without hearing, temporarily suspend or condition the license of any pest control operator and shall forthwith schedule the matter for hearing. The director may terminate the suspension of, or any condition placed upon, a license upon correction of the defects of equipment, establishment of adequate safety practices, or any other corrective action as he or she deems satisfactory to assure compliance with the requirements of statutes and regulations. In that event, the matter may proceed to hearing as though the license had not been suspended or the conditions placed upon it. (Amended by Stats. 1993, Ch. 624, Sec. 2. Effective January 1, 1994.)
  192. 11709.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 1. Licenses and Permits [11701 - 11711] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    Some low-scope pest control operators must still get a license and register, but do not have to pay the Section 11703 fee.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 1. Licenses and Permits [11701 - 11711] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 11709. A person not regularly engaged in the business of pest control that operates only in the vicinity of his or her own property and for the accommodation of his or her neighbors is not required to pay the fee specified by Section 11703, but is required to procure a license. The person shall register with the commissioner as provided in Section 11732, and is subject to all other provisions of this division. The determination of the director that a person is engaged in the business of pest control beyond the vicinity of his or her own property or for the accommodation of others than his or her neighbors is final. (Amended by Stats. 1983, Ch. 388, Sec. 1.)
  193. 11710.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 1. Licenses and Permits [11701 - 11711] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    Tree surgeons do not need a license for certain incidental treatment tasks, but they must get a license and register if they want to do other pest control work.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 1. Licenses and Permits [11701 - 11711] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 11710. A person that is regularly engaged in the business of tree surgery is not required to procure a license to remove diseased or infested tissues or apply disinfectants to wounds or cavities incidental to tree surgery. If such person desires to engage in any other pest control operation, he shall procure a license from the director, shall register with the commissioner as provided in Section 11732, and is subject to all other provisions of this division. (Enacted by Stats. 1967, Ch. 15.)
  194. 11711.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 1. Licenses and Permits [11701 - 11711] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    An employer cannot receive or renew a license under this chapter unless the application includes workers’ compensation insurance details or the applicant is a qualified self-insurer, and this does not apply if workers’ compensation insurance is not required.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 1. Licenses and Permits [11701 - 11711] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 11711. Unless worker’s compensation insurance is not required, no license may be issued or renewed under this chapter to any person who is an employer, as defined in Section 3300 of the Labor Code, unless the application is accompanied by identification and the number and expiration date of the worker’s compensation insurance policy of the applicant or the applicant is a qualified self-insurer. (Amended by Stats. 1976, Ch. 1079.)
  195. 11731.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 2. Registration [11731 - 11741] ( Article 2 enacted by Stats. 1967, Ch. 15. )

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    This article defines “Commissioner” to include the county director where there is no commissioner.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 2. Registration [11731 - 11741] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 11731. “Commissioner,” as used in this article, includes the director in any county in which there is no commissioner. (Enacted by Stats. 1967, Ch. 15.)
  196. 11732.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 2. Registration [11731 - 11741] ( Article 2 enacted by Stats. 1967, Ch. 15. )

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    A person may not advertise, solicit, or operate as a pest control business in any county unless registered with the commissioner for the current calendar year.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 2. Registration [11731 - 11741] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 11732. It is unlawful for any person to advertise, solicit, or operate as a pest control business in any county unless the person has registered with the commissioner for the current calendar year. The registration shall be in the form prescribed by the commissioner and shall show all of the following information: (a) Name and address of the registrant. (b) Number and kind of units to be operated in the county. (c) Type of pests that are intended to be controlled. (d) Any other information as the commissioner may require. (Amended by Stats. 2003, Ch. 366, Sec. 2. Effective January 1, 2004.)
  197. 11733.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 2. Registration [11731 - 11741] ( Article 2 enacted by Stats. 1967, Ch. 15. )

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    A registrant must keep records of each treated property and report the required information to the commissioner or director.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 2. Registration [11731 - 11741] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 11733. The registrant shall keep and maintain a record of each property treated that shows all the information required by the director or commissioner. The registrant shall report the information to the commissioner or the director when and in the form as required. (Amended by Stats. 1971, Ch. 1187.)
  198. 11734.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 2. Registration [11731 - 11741] ( Article 2 enacted by Stats. 1967, Ch. 15. )

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    County boards may set reasonable registration fees, and the commissioner sets the payment due date. For certain licensed pest control businesses, the registration fee must cover registration costs and cannot exceed $25 per year.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 2. Registration [11731 - 11741] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 11734. The board of supervisors of any county may establish reasonable fees for the registration required under Section 11732. Payment of the fee shall be due by the date designated by the commissioner. However, registration fees for pest control businesses licensed pursuant to Section 11704 shall be that amount necessary to cover the costs of registration, but shall not exceed twenty-five dollars ($25) per year. (Amended by Stats. 2000, Ch. 1000, Sec. 1. Effective January 1, 2001.)
  199. 11735.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 2. Registration [11731 - 11741] ( Article 2 enacted by Stats. 1967, Ch. 15. )

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    The commissioner may refuse, revoke, or suspend a pest control operator registration if certain findings are made.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 2. Registration [11731 - 11741] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 11735. A pest control operator registration may be refused, revoked, or suspended by the commissioner, if the commissioner makes any of the following findings: (a) That the equipment of the registrant or applicant is unsuitable. (b) That the operators employed by him are incompetent or unqualified. (c) That the registrant or the applicant has not complied with any provision of this division or of Division 7 (commencing with Section 12501) pertaining to pesticides, or with regulations adopted pursuant to the provisions, or with any lawful order of the commissioner. (Amended (as amended by Stats. 1979, Ch. 660, Sec. 4) by Stats. 1982, Ch. 982, Sec. 4.)
  200. 11737.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 2. Registration [11731 - 11741] ( Article 2 enacted by Stats. 1967, Ch. 15. )

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    The commissioner or director may order a person to stop using equipment or a facility if it is unsuitable or being operated in certain unsafe or unlawful ways.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 2. Registration [11731 - 11741] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 11737. The commissioner or director may order any person or the agent or employee of any licensee or registrant or person, to cease operation of any equipment or facility which he finds unsuitable, or which he finds being operated in any of the following ways: (a) By an incompetent or unqualified person. (b) In violation of this division or Division 7 (commencing with Section 12501) relating to pesticides or any regulation issued thereunder or any regulation of the commissioner. (c) In a manner or under conditions which may interfere with proper control of the pest for which treatment is applied. (d) In a manner or under conditions which may cause injury, illness, or adverse effects to persons or animals, or cause damage to crops or property being treated, or to crops or property of others. (Amended by Stats. 1971, Ch. 1187.)

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