Food and Agricultural Code
Part 48 of 48 · provisions 9,401–9,557
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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- 8807. Verify source ↗
## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 6. PEST CONTROL COMPACT [8801 - 8808] ( Part 6 enacted by Stats. 1967, Ch. 15. )
A department, agency, or officer that spends money or becomes liable for a control or eradication program under the compact must have its State Treasury account credited with payments made to California for that program.
## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 6. PEST CONTROL COMPACT [8801 - 8808] ( Part 6 enacted by Stats. 1967, Ch. 15. ) ## 8807. The department, agency, or officer expending or becoming liable for an expenditure on account of a control or eradication program undertaken or intensified pursuant to the compact shall have credited to his account in the State Treasury the amount or amounts of any payments made to this state to defray the cost of such program, or any part thereof, or as reimbursement thereof. (Enacted by Stats. 1967, Ch. 15.) - 8808. Verify source ↗
## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 6. PEST CONTROL COMPACT [8801 - 8808] ( Part 6 enacted by Stats. 1967, Ch. 15. )
For this compact, “executive head” means the Governor.
## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 6. PEST CONTROL COMPACT [8801 - 8808] ( Part 6 enacted by Stats. 1967, Ch. 15. ) ## 8808. As used in the compact, with reference to this state, the term “executive head” means the Governor. (Enacted by Stats. 1967, Ch. 15.) - 881. Verify source ↗
## 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 8. Agriculture Theft Prevention [851 - 885] ( Chapter 8 added by Stats. 1986, Ch. 661, Sec. 1. ) ## ARTICLE 4. Enforcement [881 - 885] ( Article 4 added by Stats. 1986, Ch. 661, Sec. 1. )
A peace officer may stop a vehicle and ask for proof of ownership if there is probable cause to believe a regulated agricultural commodity is being unlawfully transported.
## 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 8. Agriculture Theft Prevention [851 - 885] ( Chapter 8 added by Stats. 1986, Ch. 661, Sec. 1. ) ## ARTICLE 4. Enforcement [881 - 885] ( Article 4 added by Stats. 1986, Ch. 661, Sec. 1. ) ## 881. Any peace officer, upon probable cause to believe an agricultural commodity regulated pursuant to this chapter is being unlawfully transported, may stop the vehicle and request proof of ownership of the commodity. (Added by Stats. 1986, Ch. 661, Sec. 1.) - 882. Verify source ↗
## 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 8. Agriculture Theft Prevention [851 - 885] ( Chapter 8 added by Stats. 1986, Ch. 661, Sec. 1. ) ## ARTICLE 4. Enforcement [881 - 885] ( Article 4 added by Stats. 1986, Ch. 661, Sec. 1. )
If there is reasonable belief someone unlawfully possesses a regulated commodity, the secretary, commissioner, or any peace officer may hold or seize it, and the commissioner may keep it in custody until Section 884 disposal requirements are met.
## 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 8. Agriculture Theft Prevention [851 - 885] ( Chapter 8 added by Stats. 1986, Ch. 661, Sec. 1. ) ## ARTICLE 4. Enforcement [881 - 885] ( Article 4 added by Stats. 1986, Ch. 661, Sec. 1. ) ## 882. Upon reasonable belief that a person is in unlawful possession of a commodity regulated by this chapter, the commodity may be held or seized by the secretary, the commissioner, or any peace officer and shall be turned over to the custody of the commissioner. The commissioner may hold the commodity on the premises where it was seized or may take possession of the commodity and maintain custody until disposed of according to the requirements of Section 884. (Amended by Stats. 2009, Ch. 487, Sec. 2. (AB 905) Effective January 1, 2010.) - 883. Verify source ↗
## 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 8. Agriculture Theft Prevention [851 - 885] ( Chapter 8 added by Stats. 1986, Ch. 661, Sec. 1. ) ## ARTICLE 4. Enforcement [881 - 885] ( Article 4 added by Stats. 1986, Ch. 661, Sec. 1. )
The director, commissioner, or a peace officer may investigate who owns a commodity held under this chapter, and the commissioner may charge reasonable storage-related payment up to the commodity’s value.
## 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 8. Agriculture Theft Prevention [851 - 885] ( Chapter 8 added by Stats. 1986, Ch. 661, Sec. 1. ) ## ARTICLE 4. Enforcement [881 - 885] ( Article 4 added by Stats. 1986, Ch. 661, Sec. 1. ) ## 883. The director, the commissioner, or a peace officer may investigate to ascertain the ownership of any commodity that has been held pursuant to this chapter. If the lawful owner is located, the commodity shall be released to the owner, or his or her agent. The commissioner may require reasonable payment to cover costs incurred in the storing of the commodity, but not to exceed the value of the commodity being held. (Added by Stats. 1986, Ch. 661, Sec. 1.) - 884. Verify source ↗
## 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 8. Agriculture Theft Prevention [851 - 885] ( Chapter 8 added by Stats. 1986, Ch. 661, Sec. 1. ) ## ARTICLE 4. Enforcement [881 - 885] ( Article 4 added by Stats. 1986, Ch. 661, Sec. 1. )
If seized commodity is not returned to its rightful owner, the commissioner may sell, donate, or destroy it under specified conditions.
## 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 8. Agriculture Theft Prevention [851 - 885] ( Chapter 8 added by Stats. 1986, Ch. 661, Sec. 1. ) ## ARTICLE 4. Enforcement [881 - 885] ( Article 4 added by Stats. 1986, Ch. 661, Sec. 1. ) ## 884. (a) If for any reason the commodity is not released to the rightful owner after being in the custody of the commissioner for 48 hours or, in the case of a highly perishable commodity, any shorter period of time that the commissioner deems necessary, the commissioner may either sell the commodity by public auction or by private sale at fair market value to a commercial packer of the commodity, or, after 72 hours from the time of seizure, may donate the commodity to a nonprofit charitable organization. If donated, the commodity shall not be sold by the receiving party. If sold, all of the proceeds derived from the sale of the commodity shall be held by the commissioner for a period of not less than six months, during which time the lawful owner of the commodity may submit satisfactory proof of ownership and obtain possession of the proceeds. The commissioner may require the payment by the owner of an amount sufficient to cover the costs incurred for a storage and sale of the commodity, but not to exceed the sale price of the commodity. If, after retention of the proceeds for a period of at least six months, no demand is made or if proof of ownership is not supplied, the commissioner shall deposit the proceeds of the sale of the commodity in the general fund of the county. (b) If the commodity is unfit for human consumption, the commissioner may destroy it. (Amended by Stats. 2002, Ch. 946, Sec. 1. Effective January 1, 2003.) - 885. Verify source ↗
## 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 8. Agriculture Theft Prevention [851 - 885] ( Chapter 8 added by Stats. 1986, Ch. 661, Sec. 1. ) ## ARTICLE 4. Enforcement [881 - 885] ( Article 4 added by Stats. 1986, Ch. 661, Sec. 1. )
The secretary or commissioner may impose civil penalties instead of civil prosecution for violations of this chapter or related regulations, and the charged person must get notice and a chance to be heard.
## 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 8. Agriculture Theft Prevention [851 - 885] ( Chapter 8 added by Stats. 1986, Ch. 661, Sec. 1. ) ## ARTICLE 4. Enforcement [881 - 885] ( Article 4 added by Stats. 1986, Ch. 661, Sec. 1. ) ## 885. In lieu of civil prosecution, the secretary or the commissioner may levy a civil penalty against any person violating the provisions of this chapter or any regulation adopted pursuant to its provisions. The civil penalty for each violation shall be, for a first violation, a fine of not more than five hundred dollars ($500). For a second or subsequent violation, the fine shall be not less than one hundred dollars ($100), nor more than one thousand dollars ($1,000). Before a civil penalty is levied, the person charged with the violation shall receive notice of the nature of the violation and shall be given an opportunity to be heard. This shall include the right to review the evidence and a right to present evidence on his or her own behalf. Subdivision (e) of Section 43003 shall apply to any fine levied pursuant to this section. (Added by Stats. 2005, Ch. 220, Sec. 1. Effective January 1, 2006.) - 890. Verify source ↗
## 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 9. False, Deceptive, or Misleading Marketing [890 - 894] ( Chapter 9 added by Stats. 2014, Ch. 579, Sec. 1. )
People and businesses involved in selling or promoting agricultural products must not make false, deceptive, or misleading statements about the product’s origin, producer, or production method.
## 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 9. False, Deceptive, or Misleading Marketing [890 - 894] ( Chapter 9 added by Stats. 2014, Ch. 579, Sec. 1. ) ## 890. (a) It is unlawful for any person or entity, or employee or agent of that person or entity, to make any statement, representation, or assertion orally, by public statement, advertisement, signage, or by any means that relates to the sale or availability of agricultural products that is false, deceptive, or misleading regarding any of the following: (1) The area of production of the agricultural product. (2) The identity of the producer of the agricultural product. (3) The manner and method of production of the agricultural product. (b) A violation of the provisions of this section is a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both that imprisonment and fine. (Added by Stats. 2014, Ch. 579, Sec. 1. (AB 1871) Effective January 1, 2015.) - 891. Verify source ↗
## 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 9. False, Deceptive, or Misleading Marketing [890 - 894] ( Chapter 9 added by Stats. 2014, Ch. 579, Sec. 1. )
The secretary, or a county agricultural commissioner acting under the secretary’s authority, may levy a civil penalty instead of prosecuting a violation of this chapter.
## 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 9. False, Deceptive, or Misleading Marketing [890 - 894] ( Chapter 9 added by Stats. 2014, Ch. 579, Sec. 1. ) ## 891. In lieu of prosecution, the secretary, or a county agricultural commissioner under the authority of the secretary, may levy a civil penalty against a person or entity that violates this chapter in an amount not less than five hundred dollars ($500) and not more than five thousand dollars ($5,000) for each violation. The amount of the penalty assessed for each violation shall be based upon the scope of the violation, the seriousness of the deception, and the impact of the penalty on the violator, including the deterrent effect on future violations. Subdivision (e) of Section 43003 shall apply to a fine or civil penalty levied pursuant to this section. (Added by Stats. 2014, Ch. 579, Sec. 1. (AB 1871) Effective January 1, 2015.) - 892. Verify source ↗
## 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 9. False, Deceptive, or Misleading Marketing [890 - 894] ( Chapter 9 added by Stats. 2014, Ch. 579, Sec. 1. )
If the secretary or a county agricultural commissioner takes action under Sections 890 or 891, that does not stop them from taking a separate action for a different code violation tied to a specific license or permit.
## 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 9. False, Deceptive, or Misleading Marketing [890 - 894] ( Chapter 9 added by Stats. 2014, Ch. 579, Sec. 1. ) ## 892. Any action taken against a person by the secretary or a county agricultural commissioner pursuant to Section 890 or 891 shall not preclude the secretary or a county agricultural commissioner from taking a separate action for a violation of a provision of this code that is specific to a particular license or permit. (Added by Stats. 2014, Ch. 579, Sec. 1. (AB 1871) Effective January 1, 2015.) - 893. Verify source ↗
## 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 9. False, Deceptive, or Misleading Marketing [890 - 894] ( Chapter 9 added by Stats. 2014, Ch. 579, Sec. 1. )
Civil penalties collected under this chapter must be deposited into a dedicated account, and penalties collected by a county agricultural commissioner must be paid to the county treasurer.
## 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 9. False, Deceptive, or Misleading Marketing [890 - 894] ( Chapter 9 added by Stats. 2014, Ch. 579, Sec. 1. ) ## 893. (a) All civil penalties collected pursuant to this chapter by the secretary shall be deposited in the Direct Agricultural Marketing Penalty Account, which is hereby created in the Department of Food and Agriculture Fund, and shall be used to conduct investigations and enforcement actions upon complaints filed or pursuant to information received that results in the investigation of a violation of Section 890. Money deposited pursuant to this chapter also may be used to contract with county agricultural commissioners for services that further the purposes of this chapter, and may be used for expenses incurred by county agricultural commissioners for investigative and enforcement actions conducted pursuant to this chapter. Notwithstanding Section 13340 of the Government Code, all moneys deposited pursuant to this chapter shall be continuously appropriated to the department without regard to fiscal year for purposes of this chapter. (b) All civil penalties collected pursuant to enforcement actions by a county agricultural commissioner pursuant to this chapter shall be paid to the county treasurer. (Added by Stats. 2014, Ch. 579, Sec. 1. (AB 1871) Effective January 1, 2015.) - 894. Verify source ↗
## 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 9. False, Deceptive, or Misleading Marketing [890 - 894] ( Chapter 9 added by Stats. 2014, Ch. 579, Sec. 1. )
If the state or a county brings an action under Section 891 or 892 for a violation of Section 890, it bars a concurrent proceeding by the state or a county for the same act.
## 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 9. False, Deceptive, or Misleading Marketing [890 - 894] ( Chapter 9 added by Stats. 2014, Ch. 579, Sec. 1. ) ## 894. An action brought by the state or a county pursuant to Section 891 or 892 for a violation of Section 890 shall preclude a concurrent proceeding by the state or a county for the same act. (Added by Stats. 2014, Ch. 579, Sec. 1. (AB 1871) Effective January 1, 2015.) - 9. Verify source ↗
## Food and Agricultural Code - FAC ## GENERAL PROVISIONS AND DEFINITIONS ( General Provisions enacted by Stats. 1967, Ch. 15. )
A violation of any provision of this code is a misdemeanor unless a different penalty is expressly provided.
## Food and Agricultural Code - FAC ## GENERAL PROVISIONS AND DEFINITIONS ( General Provisions enacted by Stats. 1967, Ch. 15. ) ## 9. Unless a different penalty is expressly provided, a violation of any provision of this code is a misdemeanor. (Enacted by Stats. 1967, Ch. 15.) - 901. Verify source ↗
## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 2. THE STATE BOARD OF FOOD AND AGRICULTURE [901 - 954] ( Heading of Part 2 amended by Stats. 1973, Ch. 325. ) ## CHAPTER 1. Organization [901 - 906] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )
The State Board of Food and Agriculture exists in state government and has 15 members.
## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 2. THE STATE BOARD OF FOOD AND AGRICULTURE [901 - 954] ( Heading of Part 2 amended by Stats. 1973, Ch. 325. ) ## CHAPTER 1. Organization [901 - 906] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 901. There is in the state government the State Board of Food and Agriculture which consists of 15 members. (Amended by Stats. 1975, Ch. 875.) - 901.5. Verify source ↗
## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 2. THE STATE BOARD OF FOOD AND AGRICULTURE [901 - 954] ( Heading of Part 2 amended by Stats. 1973, Ch. 325. ) ## CHAPTER 1. Organization [901 - 906] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )
This section states that agricultural industry representatives appointed to the State Board of Food and Agriculture are meant to represent that industry and further its interests, and that this serves the public interest.
## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 2. THE STATE BOARD OF FOOD AND AGRICULTURE [901 - 954] ( Heading of Part 2 amended by Stats. 1973, Ch. 325. ) ## CHAPTER 1. Organization [901 - 906] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 901.5. It is hereby declared, as a matter of legislative determination, that representatives of the agricultural industry appointed to the State Board of Food and Agriculture pursuant to this chapter are intended to represent and further the interest of a particular industry concerned, and that such representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are appointed to such board, the particular industry concerned is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code. (Added by Stats. 1976, Ch. 1429.) - 902. Verify source ↗
## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 2. THE STATE BOARD OF FOOD AND AGRICULTURE [901 - 954] ( Heading of Part 2 amended by Stats. 1973, Ch. 325. ) ## CHAPTER 1. Organization [901 - 906] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )
The Governor must appoint the board members in the categories listed in this section.
## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 2. THE STATE BOARD OF FOOD AND AGRICULTURE [901 - 954] ( Heading of Part 2 amended by Stats. 1973, Ch. 325. ) ## CHAPTER 1. Organization [901 - 906] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 902. The members of the board shall be appointed by the Governor as follows: (a) One from the Agricultural Sciences Division of the University of California. (b) One from the agricultural department of one of the state universities and colleges offering agriculture as a part of the curriculum. (c) Two members shall be appointed from the state at large who represent the agricultural industry. (d) Seven members, not more than one of whom shall be appointed from any one congressional district or from any one county, who represent the agricultural industry. (e) Two members of the public who have no direct financial interest in the production or handling of agricultural products, but who have an interest in, and knowledge of, the environment. (f) Two members of the public who have no direct financial interest in the production or handling of agricultural products, but who have an interest in, and knowledge of, consumer affairs. (Amended by Stats. 1975, Ch. 875.) - 903. Verify source ↗
## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 2. THE STATE BOARD OF FOOD AND AGRICULTURE [901 - 954] ( Heading of Part 2 amended by Stats. 1973, Ch. 325. ) ## CHAPTER 1. Organization [901 - 906] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )
Board members serve four-year terms, vacancies are filled for the unexpired term, and the Governor must designate one member as president each February 1.
## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 2. THE STATE BOARD OF FOOD AND AGRICULTURE [901 - 954] ( Heading of Part 2 amended by Stats. 1973, Ch. 325. ) ## CHAPTER 1. Organization [901 - 906] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 903. The term of office of the members of the board is four years. The terms expire on January 15 of each year in the rotation which is presently established. Vacancies shall be filled by appointment for the unexpired term. On February 1 of each year the Governor shall designate one of the members of the board to serve as president. The term of office of the members appointed pursuant to subdivision (f) of Section 902 shall commence on January 15, 1976. (Amended by Stats. 1975, Ch. 875.) - 904. Verify source ↗
## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 2. THE STATE BOARD OF FOOD AND AGRICULTURE [901 - 954] ( Heading of Part 2 amended by Stats. 1973, Ch. 325. ) ## CHAPTER 1. Organization [901 - 906] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )
Board members must be state residents and citizens, and they must be specially qualified for the service.
## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 2. THE STATE BOARD OF FOOD AND AGRICULTURE [901 - 954] ( Heading of Part 2 amended by Stats. 1973, Ch. 325. ) ## CHAPTER 1. Organization [901 - 906] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 904. The members shall be residents and citizens of the state and shall be specially qualified for this service through actual farm business, economic agricultural training, environmental protection, or consumer affairs. Each member of the board representing the agricultural industry shall have a major interest in a separate branch of the agricultural industry. (Amended by Stats. 1975, Ch. 875.) - 905. Verify source ↗
## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 2. THE STATE BOARD OF FOOD AND AGRICULTURE [901 - 954] ( Heading of Part 2 amended by Stats. 1973, Ch. 325. ) ## CHAPTER 1. Organization [901 - 906] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )
Members serve without pay, but they may receive necessary travel and incidental expenses for duties performed.
## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 2. THE STATE BOARD OF FOOD AND AGRICULTURE [901 - 954] ( Heading of Part 2 amended by Stats. 1973, Ch. 325. ) ## CHAPTER 1. Organization [901 - 906] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 905. The members shall serve without pay, but shall be allowed necessary traveling and incidental expenses which are incurred in the discharge of their duties. The expenses shall be paid from the appropriation for the support of the department. (Enacted by Stats. 1967, Ch. 15.) - 906. Verify source ↗
## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 2. THE STATE BOARD OF FOOD AND AGRICULTURE [901 - 954] ( Heading of Part 2 amended by Stats. 1973, Ch. 325. ) ## CHAPTER 1. Organization [901 - 906] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )
Some public officers may be appointed to and serve as board members, but certain board members must not take part in board actions involving themselves or related agricultural entities or financial interests.
## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 2. THE STATE BOARD OF FOOD AND AGRICULTURE [901 - 954] ( Heading of Part 2 amended by Stats. 1973, Ch. 325. ) ## CHAPTER 1. Organization [901 - 906] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 906. (a) Public officers associated with any area of government, including agriculture, and whether elected or appointed, may be appointed to, and may serve contemporaneously as members of, the board. (b) No member of the board appointed pursuant to subdivision (c) or (d) of Section 902 shall participate in any board action that involves himself or herself or any agricultural entity with which he or she is connected as a director, officer, or employee, or in which he or she has a financial interest in the decision within the meaning of Section 87103 of the Government Code. (Added by Stats. 2010, Ch. 344, Sec. 1. (AB 219) Effective January 1, 2011.) - 9101. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [9101 - 9189] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Reports [9101- 9101.] ( Article 1 enacted by Stats. 1967, Ch. 15. )
The department must publish a reportable-conditions list, and covered veterinarians, diagnostic laboratories, and certain other informed persons must report specified information to the department within the time set by that list.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [9101 - 9189] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Reports [9101- 9101.] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 9101. (a) The department shall periodically publish and make available a list of reportable conditions that pose or may pose significant threats to public health, animal health, the environment, or the food supply. This document shall be known as the “List of Reportable Conditions for Animals and Animal Products.” (b) Any licensed veterinarian, any person operating a diagnostic laboratory, or any person who has been informed, recognizes or should recognize, by virtue of education, experience, or occupation, that any animal or animal product is or may be affected by, has been exposed to, or may be transmitting or carrying any condition specified in the “List of Reportable Conditions for Animals and Animal Products,” shall report to the department all known information required by the department within the time specified in the “List of Reportable Conditions for Animals and Animal Products.” (c) For the purposes of this section, “animal” includes any animal, poultry, fowl, bird, or fish. (d) While the procedure for selecting the conditions required to be reported and the method of preparation and publication of the “List of Reportable Conditions for Animals and Animal Products” shall be established by regulation, the selection of the specific conditions identified in the “List of Reportable Conditions for Animals and Animal Products” and the timeframe for reporting those conditions are exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of Government Code. (e) Until the department publishes the “List of Reportable Conditions for Animals and Animal Products,” the diseases listed in Section 796 of Title 3 of the California Code of Regulations shall constitute the conditions required to be reported pursuant to this section. (Repealed and added by Stats. 2001, Ch. 503, Sec. 1.2. Effective January 1, 2002.) - 9121. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [9101 - 9189] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Serum [9121- 9121.] ( Article 2 enacted by Stats. 1967, Ch. 15. )
People engaged in stockraising may buy serum to inject into their stock if the serum is for curing or preventing animal 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [9101 - 9189] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Serum [9121- 9121.] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 9121. Any person that is engaged in stockraising may purchase for injection in his stock any serum used for the cure or prevention of animal diseases. (Enacted by Stats. 1967, Ch. 15.) - 9143. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [9101 - 9189] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Disposal of Carcasses [9143- 9143.] ( Article 3 enacted by Stats. 1967, Ch. 15. )
An animal that died from a contagious disease must not be used as food.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [9101 - 9189] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Disposal of Carcasses [9143- 9143.] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 9143. An animal which has died from any contagious disease shall not be used for the food of any human being, domestic animal, or fowl. (Enacted by Stats. 1967, Ch. 15.) - 9151. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [9101 - 9189] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3.5. Laboratory Services [9151 - 9157] ( Article 3.5 added by Stats. 2021, Ch. 495, Sec. 1. )
This section defines key terms for the article, including emergency or regulatory condition, laboratory services, poultry, and livestock.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [9101 - 9189] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3.5. Laboratory Services [9151 - 9157] ( Article 3.5 added by Stats. 2021, Ch. 495, Sec. 1. ) ## 9151. For purposes of this article, the following definitions apply: (a) “Emergency or regulatory condition” includes all diseases or conditions listed as emergency or regulatory conditions in the department’s List of Reportable Conditions for Animals and Animal Products published pursuant to Section 9101. (b) “Laboratory services” means any of the following: (1) Providing a residue analysis of animal tissue. (2) Providing nutrient analysis of animal tissue. (3) Providing the identification of insects, parasites, bacteria, viruses, prions, or any pathogenic organisms in animal tissue. (4) Providing any other services compatible with, or incidental to, those laboratory services provided pursuant to Section 9152. (c) “Poultry” and “livestock” have the same meanings as defined in Sections 9502 and 9503. (Added by Stats. 2021, Ch. 495, Sec. 1. (SB 703) Effective January 1, 2022.) - 9152. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [9101 - 9189] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3.5. Laboratory Services [9151 - 9157] ( Article 3.5 added by Stats. 2021, Ch. 495, Sec. 1. )
The department must certify certain laboratories, set certification procedures and requirements, and adopt regulations needed to carry out 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [9101 - 9189] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3.5. Laboratory Services [9151 - 9157] ( Article 3.5 added by Stats. 2021, Ch. 495, Sec. 1. ) ## 9152. The department shall do all of the following: (a) Require certification of laboratories providing services in the examination, diagnosis, analysis, testing, quantifying, or identification of any emergency or regulatory condition of poultry or livestock owned or located within the state. (b) Prescribe procedures and requirements for certification. (c) Develop and implement regulations necessary to carry out this article. (Added by Stats. 2021, Ch. 495, Sec. 1. (SB 703) Effective January 1, 2022.) - 9152.5. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [9101 - 9189] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3.5. Laboratory Services [9151 - 9157] ( Article 3.5 added by Stats. 2021, Ch. 495, Sec. 1. )
Certain laboratories are exempt from this article if they are approved, certified, or accredited by the state or federal government and provide equivalent services.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [9101 - 9189] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3.5. Laboratory Services [9151 - 9157] ( Article 3.5 added by Stats. 2021, Ch. 495, Sec. 1. ) ## 9152.5. A laboratory approved, certified, or accredited by the state or the federal government to provide services equivalent to those described in subdivision (a) of Section 9152 is exempt from this article. (Added by Stats. 2021, Ch. 495, Sec. 1. (SB 703) Effective January 1, 2022.) - 9153. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [9101 - 9189] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3.5. Laboratory Services [9151 - 9157] ( Article 3.5 added by Stats. 2021, Ch. 495, Sec. 1. )
This section requires certain laboratories handling poultry and livestock disease-related testing to be certified by the department, and it sets application, renewal, testing, and reporting 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [9101 - 9189] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3.5. Laboratory Services [9151 - 9157] ( Article 3.5 added by Stats. 2021, Ch. 495, Sec. 1. ) ## 9153. (a) A person shall not establish, operate, or maintain a laboratory that provides services in the examination, diagnosis, analysis, testing, quantifying, or identification of any emergency or regulatory condition of poultry and livestock unless the person obtains a certificate from the department pursuant to this article authorizing the person to establish, operate, and maintain a laboratory that provides these services, except as specified in Section 9152.5. (b) A person who desires a certificate pursuant to this section shall file an application with the department for a certificate accompanied by the application fee required pursuant to Section 9154. (c) The application shall be on a form prescribed and furnished by the department. (d) The department shall issue a certificate to an applicant if the department is satisfied that the applicant is documented and verified to have full accreditation and to be in good standing with the American Association of Veterinary Laboratory Diagnosticians or International Organization for Standardization (ISO)/International Electrotechnical Commission (IEC) 17025 current general requirements for the competence of testing and calibration laboratories. (e) A certificate shall expire one year after the date of issuance. A certificate shall be renewed upon payment of the renewal application fee required pursuant to Section 9154 if the applicant is in compliance with this article and the regulations adopted pursuant to this article. (f) A certified laboratory shall use an official nationally approved or validated diagnostic test for diseases of regulatory importance. A certified laboratory may request permission from the department to use a nonapproved or nonvalidated test. (g) A certified laboratory shall report positive and suspect positive test results only to the party who provided the original sample and shall also report the test results as required by Section 9101 or any other law. (Added by Stats. 2021, Ch. 495, Sec. 1. (SB 703) Effective January 1, 2022.) - 9154. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [9101 - 9189] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3.5. Laboratory Services [9151 - 9157] ( Article 3.5 added by Stats. 2021, Ch. 495, Sec. 1. )
Before a certificate is issued, the department must require the applicant to pay an application fee. The fee was $1,000 before January 1, 2023, and the department may adjust the application and renewal fees on and after that date. Collected fees must be deposited into the Department of Food and Agriculture Fund.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [9101 - 9189] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3.5. Laboratory Services [9151 - 9157] ( Article 3.5 added by Stats. 2021, Ch. 495, Sec. 1. ) ## 9154. (a) Before issuing a certificate pursuant to Section 9153, the department shall require an applicant for a certificate to pay an application fee. (b) (1) Before January 1, 2023, the application and renewal fees shall be one thousand dollars ($1,000). (2) On and after January 1, 2023, the department may adjust the application and renewal fees to cover the department’s reasonable costs to implement laboratory certification requirements. (c) The fees collected pursuant to this section shall be deposited into the Department of Food and Agriculture Fund. (Added by Stats. 2021, Ch. 495, Sec. 1. (SB 703) Effective January 1, 2022.) - 9155. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [9101 - 9189] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3.5. Laboratory Services [9151 - 9157] ( Article 3.5 added by Stats. 2021, Ch. 495, Sec. 1. )
The department may refuse, suspend, or revoke a certificate for noncompliance, must explain the action, and must approve or reinstate the certificate when the laboratory complies.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [9101 - 9189] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3.5. Laboratory Services [9151 - 9157] ( Article 3.5 added by Stats. 2021, Ch. 495, Sec. 1. ) ## 9155. (a) The department may refuse to approve or renew a certificate or may suspend or revoke a certificate if the applicant or certificate holder is not in compliance with this article or regulations adopted pursuant to this article. The department shall notify an applicant or certificate holder of the reasons for the action and shall approve or reinstate the certificate when the laboratory is in compliance. (b) The department shall review an action taken pursuant to subdivision (a) upon request of any person adversely affected by the action, and the decision is subject to appeal in accordance with Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 2021, Ch. 495, Sec. 1. (SB 703) Effective January 1, 2022.) - 9156. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [9101 - 9189] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3.5. Laboratory Services [9151 - 9157] ( Article 3.5 added by Stats. 2021, Ch. 495, Sec. 1. )
Department-certified test results count as prima facie evidence of the facts stated, except in criminal actions.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [9101 - 9189] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3.5. Laboratory Services [9151 - 9157] ( Article 3.5 added by Stats. 2021, Ch. 495, Sec. 1. ) ## 9156. Test results certified by the department are prima facie evidence of the facts stated in the results for purposes of an action pursuant to subdivision (b) of Section 9157. This section does not apply to a criminal action. (Added by Stats. 2021, Ch. 495, Sec. 1. (SB 703) Effective January 1, 2022.) - 9157. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [9101 - 9189] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3.5. Laboratory Services [9151 - 9157] ( Article 3.5 added by Stats. 2021, Ch. 495, Sec. 1. )
This section sets civil penalties for violations of Section 9153 and related regulations, allows the department to impose penalties first, and requires the Attorney General to go to court if the department has not already imposed one.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [9101 - 9189] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3.5. Laboratory Services [9151 - 9157] ( Article 3.5 added by Stats. 2021, Ch. 495, Sec. 1. ) ## 9157. (a) (1) Notwithstanding Section 9166, any person who violates Section 9153 shall be liable for a civil penalty of no more than twenty-five thousand dollars ($25,000) for each act constituting a violation of Section 9153. (2) For the purpose of paragraph (1), an act shall be deemed to be each day a person establishes, operates, or maintains a laboratory without a certificate from the department in accordance with subdivision (a) of Section 9153, or every test conducted that violates subdivision (f) or (g) of Section 9153. (b) Notwithstanding Section 9166, any person who violates any regulation adopted pursuant to this article shall be liable for a civil penalty of no more than twenty-five thousand dollars ($25,000) per day, for any acts constituting a violation of any regulation adopted pursuant to this article, so long as the regulation specifies that a violation is subject to enforcement in accordance with this section. (c) (1) Unless a civil penalty has been imposed pursuant to paragraph (2), the department may administratively impose a civil penalty for a violation described in subdivision (a) or (b). (2) Unless the department has administratively imposed a civil penalty pursuant to paragraph (1), the Attorney General, upon request of the State Veterinarian, shall petition the Superior Court to impose, assess, and recover a civil penalty for a violation described in subdivision (a) or (b). (d) The department shall review an action taken pursuant to paragraph (1) of subdivision (c) upon request of any person adversely affected by the action, and the decision is subject to appeal in accordance with Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code. (e) The proceeds of any civil penalty collected pursuant to this section shall be deposited into the Department of Food and Agriculture Fund. (f) If the Attorney General prevails in or settles an action under this section, the Attorney General shall receive an amount for reasonable expenses that the court finds to have been reasonably incurred, plus reasonable costs and attorney’s fees. All expenses, costs, and fees shall be awarded against the defendant and under no circumstances shall they be the responsibility of the state. (g) Notwithstanding Section 9165, a violation of this article is not a crime. (Added by Stats. 2021, Ch. 495, Sec. 1. (SB 703) Effective January 1, 2022.) - 9161. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [9101 - 9189] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Violations and Penalties [9161 - 9169] ( Heading of Article 4 amended by Stats. 1977, Ch. 646. )
A person must not bring, cause to be brought, or help bring into the state a domestic animal that the person knows has a contagious disease.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [9101 - 9189] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Violations and Penalties [9161 - 9169] ( Heading of Article 4 amended by Stats. 1977, Ch. 646. ) ## 9161. It is unlawful for any person to bring, cause to be brought, or aid in bringing into the state any domestic animal which such person knows is infected with any contagious disease. (Enacted by Stats. 1967, Ch. 15.) - 9163. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [9101 - 9189] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Violations and Penalties [9161 - 9169] ( Heading of Article 4 amended by Stats. 1977, Ch. 646. )
People who own, possess, or control an animal with a contagious or infectious disease must keep it enclosed or separated from other animals, and must not let it be driven on a public highway.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [9101 - 9189] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Violations and Penalties [9161 - 9169] ( Heading of Article 4 amended by Stats. 1977, Ch. 646. ) ## 9163. Any person that owns or has possession or control of any animal which is affected by any contagious or infectious disease, that fails to keep the animal within an inclosure, or herd the animal in a place where it is secure from contact with other animals of like kind that are not so affected, or that permits the infected animal to be driven on any public highway, is guilty of a misdemeanor, which is punishable by a fine of not more than one thousand dollars ($1,000) for each offense. (Amended by Stats. 1983, Ch. 1092, Sec. 105. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.) - 9164. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [9101 - 9189] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Violations and Penalties [9161 - 9169] ( Heading of Article 4 amended by Stats. 1977, Ch. 646. )
A person without a written permit from the director must not move livestock out of slaughterhouse holding areas, except when moving it directly into the controlling slaughterhouse.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [9101 - 9189] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Violations and Penalties [9161 - 9169] ( Heading of Article 4 amended by Stats. 1977, Ch. 646. ) ## 9164. In order to prevent the spread of any livestock disease, it is unlawful for any person, that does not have a written permit issued by the director, to remove, or cause to be removed, any livestock from slaughterhouse pens, yards, corrals, or similar holding places where livestock is held for the purpose of immediate slaughter, except directly into the slaughterhouse that controls such pens, yards, corrals, or similar holding places. (Enacted by Stats. 1967, Ch. 15.) - 9165. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [9101 - 9189] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Violations and Penalties [9161 - 9169] ( Heading of Article 4 amended by Stats. 1977, Ch. 646. )
Violating any provision of this division is a misdemeanor, except for Sections 10492 and 10494, and can lead to a $100 to $1,000 fine, 10 days to 6 months in jail, or both.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [9101 - 9189] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Violations and Penalties [9161 - 9169] ( Heading of Article 4 amended by Stats. 1977, Ch. 646. ) ## 9165. Except for Sections 10492 and 10494, any person that violates any provision of this division is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by imprisonment of not less than 10 days nor more than six months, or by both such fine and imprisonment. (Amended by Stats. 1983, Ch. 1092, Sec. 106. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.) - 9166. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [9101 - 9189] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Violations and Penalties [9161 - 9169] ( Heading of Article 4 amended by Stats. 1977, Ch. 646. )
A person who violates this division or its regulations can be fined administratively $100 to $1,000 per violation, and each day’s violation is a separate 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [9101 - 9189] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Violations and Penalties [9161 - 9169] ( Heading of Article 4 amended by Stats. 1977, Ch. 646. ) ## 9166. (a) In addition to any other penalty or fine prescribed by law, any person who violates any provision of this division, or any regulation which is issued pursuant to this division, is subject to an administrative penalty of not less than one hundred dollars ($100) or more than one thousand dollars ($1,000) for each violation. Each violation during any day constitutes a separate offense. Any money that is recovered under this section shall be paid into the State Treasury and shall be credited to the Department of Food and Agriculture Fund. (b) If the secretary finds that a violation has occurred, the person charged shall receive notice of the nature of the violation, and shall be given an opportunity to be heard in accordance with Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code, except that informal hearing procedures may not be used under the circumstances described in subdivision (a) or (b) of Section 11445.20 of the Government Code. (Amended by Stats. 2008, Ch. 147, Sec. 1. Effective January 1, 2009.) - 9167. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [9101 - 9189] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Violations and Penalties [9161 - 9169] ( Heading of Article 4 amended by Stats. 1977, Ch. 646. )
The Attorney General may or must bring a civil-penalty action against a person who violates this division, either after a complaint from the director or on the Attorney General’s own initiative if a violation is believed to have occurred.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [9101 - 9189] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Violations and Penalties [9161 - 9169] ( Heading of Article 4 amended by Stats. 1977, Ch. 646. ) ## 9167. The Attorney General shall, upon complaint by the director, or may, upon his own initiative, if after examination of the complaint and evidence he believes a violation has occurred, bring an action for civil penalties in the name of the people of this state in any court of competent jurisdiction in this state against any person violating any provision of this division. (Added by Stats. 1977, Ch. 646.) - 9168. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [9101 - 9189] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Violations and Penalties [9161 - 9169] ( Heading of Article 4 amended by Stats. 1977, Ch. 646. )
The Attorney General may seek an injunction in superior court against violations of this division or regulations 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [9101 - 9189] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Violations and Penalties [9161 - 9169] ( Heading of Article 4 amended by Stats. 1977, Ch. 646. ) ## 9168. The Attorney General shall, upon complaint by the director, or may upon his own initiative, if after examination of the complaint and evidence he believes a violation has occurred, bring an action in the name of the people of this state in the superior court for an injunction against any person violating any provision of this division or any regulation which is adopted by the director pursuant to it. Any proceedings pursuant to this section shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. The director shall not, however, be required to allege facts necessary to show or tending to show lack of adequate remedy at law or to show or tending to show irreparable damage or loss. (Added by Stats. 1977, Ch. 646.) - 9169. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [9101 - 9189] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Violations and Penalties [9161 - 9169] ( Heading of Article 4 amended by Stats. 1977, Ch. 646. )
A person must not defeat or interfere with, or try to defeat or interfere with, an authorized animal disease test.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [9101 - 9189] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Violations and Penalties [9161 - 9169] ( Heading of Article 4 amended by Stats. 1977, Ch. 646. ) ## 9169. It is unlawful for any person to defeat or interfere with or to attempt to defeat or interfere with any animal disease test authorized by any provision of this division. (Added by Stats. 1977, Ch. 646.) - 9175. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [9101 - 9189] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Investigations [9175- 9175.] ( Article 5 added by Stats. 1977, Ch. 646. )
The secretary may make necessary investigations into reported violations of this division.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [9101 - 9189] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Investigations [9175- 9175.] ( Article 5 added by Stats. 1977, Ch. 646. ) ## 9175. The secretary may make any necessary investigations relative to reported violations of this division pursuant to Article 2 (commencing with Section 11180) of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2016, Ch. 309, Sec. 1. (SB 1270) Effective January 1, 2017.) - 9185. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [9101 - 9189] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Collections [9185 - 9189] ( Article 6 added by Stats. 1977, Ch. 646. )
Covered fees become due when the department issues a statement, and they must be paid to the secretary 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [9101 - 9189] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Collections [9185 - 9189] ( Article 6 added by Stats. 1977, Ch. 646. ) ## 9185. Any fees that are provided for by any provision of this division and regulations promulgated pursuant to it shall be due and payable upon receipt of a statement from the department itemizing the kind and amount of those fees. The fees shall be paid to the secretary within 30 days of the receipt of the statement. (Amended by Stats. 2011, Ch. 133, Sec. 12. (AB 120) Effective July 26, 2011.) - 9186. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [9101 - 9189] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Collections [9185 - 9189] ( Article 6 added by Stats. 1977, Ch. 646. )
The secretary may recover unpaid fees that are due under Section 9185, using the procedures in Section 281.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [9101 - 9189] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Collections [9185 - 9189] ( Article 6 added by Stats. 1977, Ch. 646. ) ## 9186. Any fees that are due and payable pursuant to Section 9185 which are not paid may be recovered by the secretary in accordance with the provisions of Section 281. (Amended by Stats. 2011, Ch. 133, Sec. 13. (AB 120) Effective July 26, 2011.) - 9187. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [9101 - 9189] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Collections [9185 - 9189] ( Article 6 added by Stats. 1977, Ch. 646. )
If fees are not paid as required by Section 9185, the secretary must collect a penalty assessment of 5% per month on unpaid fees, up to 25%.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [9101 - 9189] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Collections [9185 - 9189] ( Article 6 added by Stats. 1977, Ch. 646. ) ## 9187. A penalty assessment of 5 percent per month of the amount of any unpaid fees, not to exceed 25 percent, shall be collected by the secretary when fees are not paid in accordance with Section 9185. (Amended by Stats. 2011, Ch. 133, Sec. 14. (AB 120) Effective July 26, 2011.) - 9188. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [9101 - 9189] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Collections [9185 - 9189] ( Article 6 added by Stats. 1977, Ch. 646. )
The secretary has a lien on livestock and real property owned by a person who owes unpaid fees under this division.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [9101 - 9189] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Collections [9185 - 9189] ( Article 6 added by Stats. 1977, Ch. 646. ) ## 9188. The secretary shall have a lien upon any livestock and real property owned by the person owing any fees due under any provision of this division that are not paid pursuant to Section 9185. (Amended by Stats. 2011, Ch. 133, Sec. 15. (AB 120) Effective July 26, 2011.) - 9189. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [9101 - 9189] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Collections [9185 - 9189] ( Article 6 added by Stats. 1977, Ch. 646. )
Money collected under this division must be paid into the State Treasury, credited to the Department of Food and Agriculture Fund, and may be spent to carry out this division.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [9101 - 9189] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Collections [9185 - 9189] ( Article 6 added by Stats. 1977, Ch. 646. ) ## 9189. All money which is collected pursuant to this division shall be paid into the State Treasury and shall be credited to the Department of Food and Agriculture Fund and may be expended in carrying out the provisions of this division. (Added by Stats. 1977, Ch. 646.) - 9201. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 1. Definitions [9201- 9201.] ( Article 1 added by Stats. 1974, Ch. 776. )
This section defines terms used in this chapter on commercial blood banks for animals and related biologics.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 1. Definitions [9201- 9201.] ( Article 1 added by Stats. 1974, Ch. 776. ) ## 9201. Unless the context otherwise requires, the following definitions govern the construction of this chapter: (a) “Adverse event” means an event in which an animal is injured, sickened, rendered unconscious, or killed. (b) “Animal” includes, but is not limited to, any domesticated fowl or nonhuman mammal or any wild fowl, bird, or mammal that is reduced to captivity. (c) “Biologics” means all viruses, serums, antibody products, toxins (excluding substances that are selectively toxic to microorganisms, such as antibiotics), or analogous products at any stage of production, shipment, distribution, or sale, which are intended for use in the treatment of animals and that act primarily through the direct stimulation, supplementation, enhancement, or modulation of the immune system or immune response. (d) “Blood and blood component products” means whole blood collected directly from a donor animal for transfusion or the blood components for transfusion, including packed red blood cells, platelet-rich plasma, platelet concentrates, fresh plasma, fresh frozen plasma, frozen plasma, cryoprecipitate, and cryosupernatant. Antibody products like hyperimmune serums are considered “biologics” and are excluded from this definition of blood and blood component products. (e) “Captive closed colony” has the same meaning as in Section 4920 of the Business and Professions Code and means that an animal is kept, housed, or maintained in any way for the purpose of collecting its blood. (f) “Closed-colony blood bank” has the same meaning as in Section 4920 of the Business and Professions Code and means a commercial blood bank for animals that produces animal blood or blood component products solely from animals held in a captive closed colony. (g) “Commercial blood bank for animals” has the same meaning as in Section 4920 of the Business and Professions Code and means an establishment that produces animal blood or blood component products from captive closed-colony or community-sourced animals to market and sell for use in the cure, mitigation, treatment, or prevention of injury or disease in animals. (h) “Community blood bank” has the same meaning as in Section 4920 of the Business and Professions Code and means a commercial blood bank for animals that produces animal blood or blood component products solely from community-sourced animals whose owners voluntarily consent to the donation. (i) “Community sourced” has the same meaning as in Section 4920 of the Business and Professions Code and means that an animal is all of the following: (1) Kept, housed, and maintained at the residence of its owner who is a person and not a partnership, association, corporation, or limited liability company. (2) Brought by its owner to a community blood bank to have its blood collected. (3) Licensed in accordance with any pet licensing required by the pet owner’s state, county, or city of residence. (j) “Production” has the same meaning as in Section 4920 of the Business and Professions Code and means collection of blood or the preparation, testing, processing, storage, or distribution of blood or blood component products for the purpose of transfusion. (Amended by Stats. 2021, Ch. 752, Sec. 5. (AB 1282) Effective January 1, 2022.) - 9210. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 2. Animal Blood and Blood Component Products Production and Biologics Production [9210 - 9212.5] ( Article 2 heading repealed and added by Stats. 2010, Ch. 235, Sec. 8. )
A person may not produce animal blood and blood component products for retail sale and distribution unless an exception applies. Community blood banks for animals operating under the cited article must register those products with the secretary.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 2. Animal Blood and Blood Component Products Production and Biologics Production [9210 - 9212.5] ( Article 2 heading repealed and added by Stats. 2010, Ch. 235, Sec. 8. ) ## 9210. (a) A person shall not engage in the production of animal blood and blood component products for retail sale and distribution except in a captive closed-colony commercial blood bank for animals licensed by the secretary or in accordance with Article 7 (commencing with Section 4920) of Chapter 11 of Division 2 of the Business and Professions Code. (b) Notwithstanding subdivision (a), a community blood bank for animals operating pursuant to Article 7 (commencing with Section 4920) of Chapter 11 of Division 2 of the Business and Professions Code shall register blood and blood component products with the secretary in accordance with Article 5 (commencing with Section 9241). (Amended by Stats. 2021, Ch. 752, Sec. 11. (AB 1282) Effective January 1, 2022.) - 9211. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 2. Animal Blood and Blood Component Products Production and Biologics Production [9210 - 9212.5] ( Article 2 heading repealed and added by Stats. 2010, Ch. 235, Sec. 8. )
A person must not engage in producing biologics unless federal law permits 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 2. Animal Blood and Blood Component Products Production and Biologics Production [9210 - 9212.5] ( Article 2 heading repealed and added by Stats. 2010, Ch. 235, Sec. 8. ) ## 9211. No person shall engage in the production of biologics except as permitted under federal law. (Amended by Stats. 2010, Ch. 235, Sec. 10. (AB 1709) Effective January 1, 2011. Became operative on January 1, 2013, pursuant to Sec. 28 of Ch. 235.) - 9212. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 2. Animal Blood and Blood Component Products Production and Biologics Production [9210 - 9212.5] ( Article 2 heading repealed and added by Stats. 2010, Ch. 235, Sec. 8. )
The secretary must license certain captive closed-colony commercial blood banks for animals if they meet listed operating, supervision, recordkeeping, and California-location requirements.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 2. Animal Blood and Blood Component Products Production and Biologics Production [9210 - 9212.5] ( Article 2 heading repealed and added by Stats. 2010, Ch. 235, Sec. 8. ) ## 9212. The secretary shall license establishments as captive closed-colony commercial blood banks for animals that meet all of the following: (a) Operate under conditions, and use methods of production, that are consistent with current standards of care and practice for the field of veterinary transfusion medicine to ensure that the animal blood and blood component products will not be contaminated, dangerous, or harmful. (b) Produce animal blood and blood component products under the direct supervision of a person qualified in the field. (c) Maintain onsite records containing information documenting how the animal was acquired and any history of blood draws or use of anesthesia on the animal. (d) Keep, house, or maintain all animal donors within California state boundaries. (Amended by Stats. 2021, Ch. 752, Sec. 12. (AB 1282) Effective January 1, 2022.) - 9212.5. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 2. Animal Blood and Blood Component Products Production and Biologics Production [9210 - 9212.5] ( Article 2 heading repealed and added by Stats. 2010, Ch. 235, Sec. 8. )
The secretary must calculate canine blood sales data, post it publicly, and stop accepting new license applications for covered commercial blood banks; if a sales condition is met, notice must be posted to discontinue the licensing program within 18 months.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 2. Animal Blood and Blood Component Products Production and Biologics Production [9210 - 9212.5] ( Article 2 heading repealed and added by Stats. 2010, Ch. 235, Sec. 8. ) ## 9212.5. (a) (1) The department shall discontinue its licensing program for commercial blood banks for animals that produce canine blood and blood component products sourced from captive closed-colony dogs within 18 months of making a finding and provision of notice as follows: (A) Based on the quarterly reports required under Section 4920.6 of the Business and Professions Code, subdivision (c) of Section 9252, and subdivision (b) of Section 9253, every three months, the secretary shall calculate the total estimated amount of canine blood sold in California that quarter by community blood banks and, separately, the total estimated amount of canine blood that closed-colony blood banks sold in the state during the same period. This information shall be publicly posted on the department’s internet website along with annual totals compiled each year. (B) If the secretary finds that community blood banks sold an annual amount of canine blood in California that equals or exceeds the annual amount closed-colony blood banks sold in four consecutive quarters, then the secretary shall provide notice on the department’s internet website that discontinues its licensing program for closed-colony blood banks for dogs within 18 months from the date of that notice. (2) The calculation of canine blood pursuant to this subdivision shall be done separately, with whole blood, packed red blood cells, and fresh frozen plasma being measured as separate amounts in estimated milliliters based on weight in grams. (3) For purposes of this section, “canine blood” means whole blood, packed red blood cells, and fresh frozen plasma. (b) Upon enactment of this section, the secretary shall not accept any new applications to license a commercial blood bank for animals that produces canine blood or blood component products sourced from captive closed-colony dogs. (c) Closed-colony blood banks may transition to community-sourced models and continue to operate in accordance with Article 7 (commencing with Section 4920) of Chapter 11 of Division 2 of the Business and Professions Code. (Added by Stats. 2021, Ch. 752, Sec. 13. (AB 1282) Effective January 1, 2022.) - 9221. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 3. Licenses [9221 - 9222] ( Article 3 added by Stats. 1974, Ch. 776. )
License applications for closed-colony animal blood banks must be filed on secretary-issued forms and include specified information and protocols.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 3. Licenses [9221 - 9222] ( Article 3 added by Stats. 1974, Ch. 776. ) ## 9221. An application for a license for any establishment that produces, or proposes to produce, animal blood and blood component products from a closed-colony blood bank shall be made on forms issued by the secretary. The application shall contain all of the following: (a) The name and address of the person who owns the property, establishment, or institution in which it is proposed to produce animal blood and blood component products. (b) The name and address of the person who shall oversee the production of animal blood and blood component products. (c) The type of animal blood and blood component products that shall be produced. (d) A full description of the building, including its address, facilities, equipment, and apparatus, to be used in the production of animal blood and blood component products. (e) A written protocol, consistent with current standards of care and practice for the field of veterinary transfusion medicine, that addresses all of the following: (1) Maximum length of time for donation by animal donors, or minimum health parameters for animal donors. (2) Frequency and amount of blood collected from animal blood donors in estimated milliliters based on weight in grams. (3) Socialization and exercise programs for animal blood donors. (4) Method of identification of each animal, including microchip or tattoo. (5) Ongoing veterinary care, including an annual physical exam and vaccination schedule for animals held in blood donor facilities. (6) Husbandry standards for feeding, watering, sanitation, housing, handling, and care in transit, with minimums based on the standards set forth pursuant to the federal Animal Welfare Act (7 U.S.C. Sec. 2131 et seq.) in Part 3 (commencing with Section 3.1) of Subchapter A of Chapter 1 of Title 9 of the Code of Federal Regulations. (7) Implementation of a permissive adoption program. (8) Bloodborne pathogen testing for all canine and feline blood donors in accordance with the best clinical practices in the veterinary field, which may include the most recent Consensus Statement on blood donor infectious disease screening by the American College of Veterinary Internal Medicine. (f) An oversight letter identifying the oversight veterinarian who will be responsible for oversight of the facility. The letter shall be from the oversight veterinarian, and shall be maintained on file by the secretary. Oversight veterinarians shall be licensed to practice veterinary medicine in California. In the event of a change of the oversight veterinarian, it is the oversight veterinarian’s responsibility to give notice to the secretary of the termination of the oversight veterinarian within 30 days of the termination date of the oversight veterinarian. An oversight letter from the incoming oversight veterinarian shall be submitted to the secretary within 30 days of the termination date of the prior oversight veterinarian. (g) Additional information that the secretary finds is necessary for the proper administration and enforcement of this chapter. (Amended by Stats. 2021, Ch. 752, Sec. 14. (AB 1282) Effective January 1, 2022.) - 9222. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 3. Licenses [9221 - 9222] ( Article 3 added by Stats. 1974, Ch. 776. )
Commercial blood banks for animals must not discriminate against California-licensed veterinarians when selling animal blood or blood component products.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 3. Licenses [9221 - 9222] ( Article 3 added by Stats. 1974, Ch. 776. ) ## 9222. (a) A commercial blood bank for animals shall not discriminate against veterinarians licensed in California in the sale of animal blood or blood component products. (b) A commercial blood bank for animals, as described in subdivision (a), that refuses to sell animal blood or blood component products to a veterinarian in circumstances in which that blood bank has an available supply may be deemed by the secretary to be in violation of this provision against discriminatory business practices. (Added by Stats. 2021, Ch. 752, Sec. 15. (AB 1282) Effective January 1, 2022.) - 9231. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 4. License Fees [9231- 9231.] ( Article 4 added by Stats. 1974, Ch. 776. )
Certain closed-colony blood bank establishments must pay a $1,000 application and annual license fee, renew licenses every year, and pay the annual renewal fee by July 1. Fees are adjusted annually for inflation, rounded to the nearest dollar, and the department may set inspection fees within its reasonable regulatory costs.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 4. License Fees [9231- 9231.] ( Article 4 added by Stats. 1974, Ch. 776. ) ## 9231. The license application fee and license renewal fee under this chapter for an establishment proposing to produce or producing animal blood and blood component products from a closed-colony blood bank shall be as follows: (a) The application and annual license fee shall be one thousand dollars ($1,000) for each establishment, which shall be the fee for the fiscal year, or portion thereof, ending June 30 of each year. When an applicant is a city, county, state, or district, or an official thereof, no fee shall be required under this section. (b) Licenses shall be renewed every year. The annual renewal fee shall be paid on or before the first day of July of each year. (c) The license application fee and licensee renewal fee under this chapter shall be adjusted annually for inflation. The adjustments shall be rounded off to the nearest whole dollar. (d) The department may set inspection fees in an amount that shall not exceed the department’s reasonable regulatory costs incurred in connection with implementing this chapter. The fees shall include amounts sufficient to repay any amount loaned from the General Fund to establish the program. (Amended by Stats. 2021, Ch. 752, Sec. 16. (AB 1282) Effective January 1, 2022.) - 9241. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 5. Blood or Blood Component Product Registration [9241 - 9245] ( Heading of Article 5 amended by Stats. 2010, Ch. 235, Sec. 14. )
No person may offer certain biologics or blood products for sale or use unless the listed licensing, manufacturing, production, import, and registration 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 5. Blood or Blood Component Product Registration [9241 - 9245] ( Heading of Article 5 amended by Stats. 2010, Ch. 235, Sec. 14. ) ## 9241. No person shall offer for sale or use any of the following: (a) Any biologic unless it is manufactured pursuant to the terms of a valid license or permit issued by the United States Department of Agriculture. (b) Any blood or blood component product unless it is produced in an establishment licensed by the secretary or in accordance with Article 7 (commencing with Section 4920) of Chapter 11 of Division 2 of the Business and Professions Code, or imported into the state pursuant to Section 9252 and registered with the department in accordance with Section 9244. (Amended by Stats. 2021, Ch. 752, Sec. 17. (AB 1282) Effective January 1, 2022.) - 9242. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 5. Blood or Blood Component Product Registration [9241 - 9245] ( Heading of Article 5 amended by Stats. 2010, Ch. 235, Sec. 14. )
The secretary must register blood or a blood component product if it meets specified safety, labeling, production, and facility requirements.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 5. Blood or Blood Component Product Registration [9241 - 9245] ( Heading of Article 5 amended by Stats. 2010, Ch. 235, Sec. 14. ) ## 9242. The secretary shall register blood or a blood component product that meets all of the following requirements: (a) It is produced under acceptable procedures. (b) It has been demonstrated to the secretary that the blood or blood component product is safe and noninjurious to animal health. (c) It has been demonstrated to the secretary that the blood or blood component product is of value for the purpose intended. (d) It is labeled for proper handling and use, and is not misrepresented. (e) It is produced in an establishment that meets the requirements of Section 9210. (Amended by Stats. 2010, Ch. 235, Sec. 16. (AB 1709) Effective January 1, 2011. Became operative on January 1, 2013, pursuant to Sec. 28 of Ch. 235.) - 9244. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 5. Blood or Blood Component Product Registration [9241 - 9245] ( Heading of Article 5 amended by Stats. 2010, Ch. 235, Sec. 14. )
Applications for registration of blood or blood component products must include specified ownership, oversight, product, facility, production, and labeling information. The application and renewal fee is $500 per product, renewal is annual, and the department may adjust fees for inflation and within its regulatory-cost limit.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 5. Blood or Blood Component Product Registration [9241 - 9245] ( Heading of Article 5 amended by Stats. 2010, Ch. 235, Sec. 14. ) ## 9244. (a) An application for registration of blood or a blood component product shall include all of the following: (1) The name and address of the person who owns the property, establishment, institution, or business that sells the blood. (2) The name and address of the person who oversees the production of animal blood and blood component products. (3) The type of animal blood and blood component products produced for sale. (4) A full description of the building, including its address, facilities, equipment, and apparatus, to be used in production of animal blood and blood component products. (5) A protocol of the methods of production in detail that is followed in the production of the product. (6) A sample of the label to be placed on the blood or blood component product. (b) The registration application fee and annual renewal fee for an establishment proposing to offer blood or blood component products for retail sale or use in California shall be as follows: (1) The registration application fee and annual renewal fee shall be five hundred dollars ($500) for each product, which shall be the fee for the fiscal year, or portion thereof, ending June 30 of each year. (2) Registration shall be renewed every year. The annual renewal fee shall be paid on or before July 1 of each year. (3) The application and renewal fees under this chapter shall be adjusted annually for inflation. The adjustments shall be rounded off to the nearest whole dollar. (4) Fees may be increased or decreased by the department but shall not exceed the department’s reasonable regulatory costs incurred to administer and enforce product safety standards set forth in this chapter. (Amended by Stats. 2021, Ch. 752, Sec. 18. (AB 1282) Effective January 1, 2022.) - 9245. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 5. Blood or Blood Component Product Registration [9241 - 9245] ( Heading of Article 5 amended by Stats. 2010, Ch. 235, Sec. 14. )
The secretary may set conditions on the production or use of blood or blood component products when needed to meet the chapter’s 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 5. Blood or Blood Component Product Registration [9241 - 9245] ( Heading of Article 5 amended by Stats. 2010, Ch. 235, Sec. 14. ) ## 9245. The secretary may impose such conditions on the production or use of blood or blood component products as he or she deems necessary to accomplish the purposes of this chapter. (Amended by Stats. 2010, Ch. 235, Sec. 19. (AB 1709) Effective January 1, 2011. Became operative on January 1, 2013, pursuant to Sec. 28 of Ch. 235.) - 9251. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 6. Rules and Regulations [9251 - 9255] ( Article 6 added by Stats. 1974, Ch. 776. )
The secretary may adopt reasonably necessary rules and regulations to administer and enforce 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 6. Rules and Regulations [9251 - 9255] ( Article 6 added by Stats. 1974, Ch. 776. ) ## 9251. The secretary may adopt reasonably necessary rules and regulations for the administration and enforcement of this chapter. (Amended by Stats. 2010, Ch. 235, Sec. 20. (AB 1709) Effective January 1, 2011. Became operative on January 1, 2013, pursuant to Sec. 28 of Ch. 235.) - 9252. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 6. Rules and Regulations [9251 - 9255] ( Article 6 added by Stats. 1974, Ch. 776. )
The secretary must oversee safe importation and sale of certain animal blood products, and out-of-state community blood banks selling canine blood products in California must file quarterly reports.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 6. Rules and Regulations [9251 - 9255] ( Article 6 added by Stats. 1974, Ch. 776. ) ## 9252. (a) The secretary shall track, administer, and enforce the safe importation and sale of animal blood and blood component products from out-of-state blood banks for animals that produce those blood and blood component products in compliance with California standards. (b) Importation and sale of canine blood and blood component products from out-of-state sources shall only be permitted from community blood banks. (c) Out-of-state community blood banks that sell canine blood and blood component products in California under this section shall submit a quarterly report to the department every three months that includes the separate total amounts of canine whole blood, packed red blood cells, and fresh frozen plasma sold in the state during that quarter, in estimated milliliters based on weight in grams. (Added by Stats. 2021, Ch. 752, Sec. 19. (AB 1282) Effective January 1, 2022.) - 9253. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 6. Rules and Regulations [9251 - 9255] ( Article 6 added by Stats. 1974, Ch. 776. )
Licensed closed-colony blood banks must keep onsite records and file quarterly reports with 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 6. Rules and Regulations [9251 - 9255] ( Article 6 added by Stats. 1974, Ch. 776. ) ## 9253. (a) A closed-colony blood bank licensed under this chapter shall maintain an onsite record of the number of donations collected from captive animals, the amount of blood collected per donation in estimated milliliters based on weight in grams, any adverse events, the disposition of any animals, and any other information necessary to comply with this section. (b) A closed-colony blood bank licensed under this chapter shall submit a quarterly report to the department every three months including all of the following: (1) The number of donations from captive animals and separate total amount in milliliters of whole blood, packed red blood cells, and fresh frozen plasma sold in California during that quarter, by species of animal in estimated milliliters based on weight in grams. (2) The number of captive animals kept, housed, or maintained at the closed-colony blood bank, by species of animal. (3) The disposition records of any animals and the total number of animals released for adoption. (4) The number and species of animals experiencing adverse events, the total number of adverse events, and the nature of adverse events experienced by captive animals that donate blood. (5) The number and species of animal donors whose blood tested positive for known pathogens, in accordance with the best clinical practices in the veterinary field, which may include the most recent Consensus Statement for blood donor infectious disease screening by the American College of Veterinary Internal Medicine. (c) A violation of this section, Section 9210, or Section 9212 shall constitute a cause for corrective action, suspension, restriction, or the nonrenewal or revocation of a license by the department. The proceedings for the suspension or revocation of a license shall be conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The secretary shall have all the powers granted in that chapter. (d) For purposes of this section, “disposition” means adoption, euthanasia, transfer to another blood bank, breeding facility, farm, animal control agency, animal shelter, or rescue organization, or donation or sale for medical research or other purpose. Disposition records shall include all of the following: (1) The species and breed of animal. (2) The animal’s registered name, license number, microchip, and tattoo, if present. (3) The name and address of the individual or entity that received the animal and the purpose for which the animal was received. (Added by Stats. 2021, Ch. 752, Sec. 20. (AB 1282) Effective January 1, 2022.) - 9254. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 6. Rules and Regulations [9251 - 9255] ( Article 6 added by Stats. 1974, Ch. 776. )
The department must submit a copy of its publicly posted canine blood collection information every year to specified legislative committee leaders and the Veterinary Medical Board.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 6. Rules and Regulations [9251 - 9255] ( Article 6 added by Stats. 1974, Ch. 776. ) ## 9254. The department shall annually submit a copy of the canine blood collection information that it publicly posts on its internet website pursuant to subparagraph (A) of paragraph (1) of subdivision (a) of Section 9212.5 to the Chair and Vice Chair of the Assembly Business and Professions Committee, the Chair and Vice Chair of the Senate Business, Professions and Economic Development Committee, the Chairs and Vice Chairs of the Assembly and Senate Agriculture Committees, and the Veterinary Medical Board. (Added by Stats. 2021, Ch. 752, Sec. 21. (AB 1282) Effective January 1, 2022.) - 9255. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 6. Rules and Regulations [9251 - 9255] ( Article 6 added by Stats. 1974, Ch. 776. )
The department must develop and make available a community animal blood banking guidance resource, and publish it on its website by March 1, 2023.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 6. Rules and Regulations [9251 - 9255] ( Article 6 added by Stats. 1974, Ch. 776. ) ## 9255. (a) The department, in collaboration with the Veterinary Medical Board, technical experts in animal blood banking, and any other relevant stakeholders, shall develop and make available a “Community Animal Blood Banking Guidance Resource” or other documents that provide veterinarians, at a minimum, accurate, clear, and concise information regarding best management practices for operating community blood banks. (b) On or before March 1, 2023, the department shall publish the guidance resource or other documents described in subdivision (a) on its internet website. The guidance resource or other documents shall include primary information and best practices in all of the following areas: (1) Animal donor qualification, selection, and screening. (2) Bloodborne pathogen testing. (3) Safe blood products handling, processing, labeling, and storage. (Added by Stats. 2021, Ch. 752, Sec. 22. (AB 1282) Effective January 1, 2022.) - 9261. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 7. Enforcement [9261 - 9269] ( Article 7 added by Stats. 1974, Ch. 776. )
The secretary may deny, suspend, or revoke certain commercial blood bank licenses or product registrations if chapter requirements are not met or if the chapter or related rules are violated.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 7. Enforcement [9261 - 9269] ( Article 7 added by Stats. 1974, Ch. 776. ) ## 9261. License for any commercial blood bank for animals or registration of any blood or blood component product may be denied, suspended, or revoked by the secretary for failure to meet the requirements of this chapter or for the violation of any provision of this chapter, or of any rule or regulation adopted by the secretary under this chapter. The proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2010, Ch. 235, Sec. 21. (AB 1709) Effective January 1, 2011. Became operative on January 1, 2013, pursuant to Sec. 28 of Ch. 235.) - 9262. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 7. Enforcement [9261 - 9269] ( Article 7 added by Stats. 1974, Ch. 776. )
Certain biologics are exempt from this chapter if they were prepared before July 1, 1975, in licensed laboratories and expire on or after July 1, 1975.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 7. Enforcement [9261 - 9269] ( Article 7 added by Stats. 1974, Ch. 776. ) ## 9262. The biologics prepared prior to July 1, 1975, in laboratories licensed pursuant to Chapter 4 (commencing with Section 1600) of Division 2 of the Health and Safety Code, which have an expiration date of July 1, 1975, or later, are not subject to the provisions of this chapter. (Added by Stats. 1974, Ch. 776.) - 9263. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 7. Enforcement [9261 - 9269] ( Article 7 added by Stats. 1974, Ch. 776. )
The secretary may, after notice, suspend registration or a license for certain blood or blood component products if they do not meet Section 9242 requirements or pose an immediate danger to 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 7. Enforcement [9261 - 9269] ( Article 7 added by Stats. 1974, Ch. 776. ) ## 9263. If the secretary finds that blood or blood component products do not conform to the requirements of Section 9242 or the use or continued use of such products constitutes an immediate danger to animals, the secretary may, after notice, suspend the registration of those blood or blood component products or license of an establishment producing those blood or blood component products pending a hearing and final decision. (Amended by Stats. 2010, Ch. 235, Sec. 22. (AB 1709) Effective January 1, 2011. Became operative on January 1, 2013, pursuant to Sec. 28 of Ch. 235.) - 9264. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 7. Enforcement [9261 - 9269] ( Article 7 added by Stats. 1974, Ch. 776. )
The secretary may order noncompliant blood or blood component products to be held, and may order destruction if they cannot be brought into compliance.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 7. Enforcement [9261 - 9269] ( Article 7 added by Stats. 1974, Ch. 776. ) ## 9264. (a) If the secretary finds blood or blood component products that do not meet the requirements of Section 9242, the secretary may order those blood or blood component products to be held on the premises where found or elsewhere until he or she has determined that the products may be safely released for the purposes intended. (b) The secretary may order the destruction of any blood or blood component products under a hold order if the blood or blood component products cannot be made to meet the requirements of Section 9242. (Amended by Stats. 2010, Ch. 235, Sec. 23. (AB 1709) Effective January 1, 2011. Became operative on January 1, 2013, pursuant to Sec. 28 of Ch. 235.) - 9266. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 7. Enforcement [9261 - 9269] ( Article 7 added by Stats. 1974, Ch. 776. )
The department, or humane officers under contract with it, must inspect licensed commercial blood banks for animals at least once a year.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 7. Enforcement [9261 - 9269] ( Article 7 added by Stats. 1974, Ch. 776. ) ## 9266. The department, or humane officers under contract with the department, shall inspect commercial blood banks for animals licensed by the department at least once a year to ensure compliance with the protocols required by subdivision (e) of Section 9221. (Added by Stats. 2002, Ch. 822, Sec. 5. Effective January 1, 2003.) - 9267. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 7. Enforcement [9261 - 9269] ( Article 7 added by Stats. 1974, Ch. 776. )
Commercial blood banks for animals licensed by the department must perform anesthesia under Section 4826 of the Business and Professions Code, despite Section 4827.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 7. Enforcement [9261 - 9269] ( Article 7 added by Stats. 1974, Ch. 776. ) ## 9267. Notwithstanding Section 4827 of the Business and Professions Code, for commercial blood banks for animals licensed by the department, anesthesia shall be performed pursuant to Section 4826 of the Business and Professions Code. (Amended by Stats. 2010, Ch. 235, Sec. 24. (AB 1709) Effective January 1, 2011. Became operative on January 1, 2013, pursuant to Sec. 28 of Ch. 235.) - 9268. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 7. Enforcement [9261 - 9269] ( Article 7 added by Stats. 1974, Ch. 776. )
Some listed inspection and facility requirements do not apply to USDA-inspected facilities, but they do apply to facilities housing blood donor animals under contract with licensed commercial blood banks.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 7. Enforcement [9261 - 9269] ( Article 7 added by Stats. 1974, Ch. 776. ) ## 9268. The requirements set forth in subdivision (c) of Section 9212, subdivision (e) of Section 9221, subdivision (c) of Section 9231, and Sections 9266 and 9267: (a) Shall not apply to those facilities required to be inspected by the United States Department of Agriculture in accordance with the Animal Welfare Act (Chapter 54 (commencing with Section 2131) of Title 7 of the United States Code). (b) Shall apply to those facilities housing blood donor animals under contract with commercial blood banks for animals licensed by the department. (Amended by Stats. 2018, Ch. 289, Sec. 4. (AB 3252) Effective January 1, 2019.) - 9269. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 7. Enforcement [9261 - 9269] ( Article 7 added by Stats. 1974, Ch. 776. )
The department’s chapter-related records are generally subject to the California Public Records Act, but identifying personal information in those records is confidential, with limited 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 7. Enforcement [9261 - 9269] ( Article 7 added by Stats. 1974, Ch. 776. ) ## 9269. (a) Except as provided in subdivision (b), the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) shall apply to all records held by the department relating to this chapter, including, but not limited to, records relating to applications, fees, or inspections required by this chapter. (b) (1) Except as provided in subdivisions (c) and (d), identifying personal information that is contained in records described in subdivision (a) shall be confidential and not subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (2) This subdivision does not prevent the disclosure by the department of data regarding age, race, ethnicity, national origin, or gender of individuals whose personal information is protected pursuant to this section, so long as the data does not contain individually identifiable information. (c) Records held by the department relating to this chapter shall be accessible to law enforcement officers and state and local agencies with jurisdiction over any matter covered by this chapter. (d) The department shall, upon request, disclose information in records relating to this chapter that is already in the public domain. (e) (1) For purposes of this section, “identifying personal information” means the following information pertaining to the owner of an animal donor that is collected for purposes of coordinating, conducting, or documenting a donation from the animal owned by that person and is maintained by the department in relation to this chapter: (A) Social security number. (B) Date of birth. (C) Physical description. (D) Home address. (E) Statements of personal worth or personal financial data. (F) Personal medical history. (G) Employment history. (H) Email address. (I) Information that reveals any electronic network location or identity. (2) For purposes of this subdivision, a person who owns, operates, maintains, or oversees a commercial blood bank for animals shall not be considered the owner of an animal donor. (Amended by Stats. 2022, Ch. 28, Sec. 48. (SB 1380) Effective January 1, 2023.) - 9272. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 8. Exemptions [9272- 9272.] ( Article 8 added by Stats. 1974, Ch. 776. )
This section exempts three categories of entities from the chapter’s application, subject to stated conditions and one listed exception.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Commercial Blood Banks for Animals and Biologics [9201 - 9272] ( Heading of Chapter 1.5 amended by Stats. 2010, Ch. 235, Sec. 1. ) ## ARTICLE 8. Exemptions [9272- 9272.] ( Article 8 added by Stats. 1974, Ch. 776. ) ## 9272. This chapter shall not apply to any of the following: (a) Licensed facilities primarily engaged in the collection, preparation, testing, processing, storage, or distribution of human blood or blood products, and any biologic as defined in Section 9201 produced by that facility is sold or distributed only to an establishment licensed by this chapter. (b) Clinical laboratories licensed pursuant to Chapter 3 (commencing with Section 1200) of Division 2 of the Business and Professions Code whose only biologics are autogenous bacterins prepared at the request of licensed veterinarians. (c) Licensed private veterinarians who collect blood or blood products solely for use in their own practice or pursuant to Article 7 (commencing with Section 4920) of Chapter 11 of Division 2 of the Business and Professions Code, except with respect to Article 5 (commencing with Section 9241) and Section 9255. (Amended by Stats. 2021, Ch. 752, Sec. 24. (AB 1282) Effective January 1, 2022.) - 9301. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Scabies and Ticks [9301 - 9352] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Treatment [9301 - 9307] ( Article 1 enacted by Stats. 1967, Ch. 15. )
Cattle infected with or exposed to Boophilus annulatus must be dipped or treated as the department prescribes when moved for immediate slaughter, unless they are loaded directly onto railroad cars at the point of origin.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Scabies and Ticks [9301 - 9352] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Treatment [9301 - 9307] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 9301. When moved for the purpose of immediate slaughter, cattle which are infected with, or exposed to, the Boophilus annulatus tick shall be dipped or treated in the manner which is prescribed by the department, unless they are to be loaded directly on railroad cars at the point of origin. (Enacted by Stats. 1967, Ch. 15.) - 9302. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Scabies and Ticks [9301 - 9352] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Treatment [9301 - 9307] ( Article 1 enacted by Stats. 1967, Ch. 15. )
If the director finds certain cattle or sheep infected with or exposed to scabies or the Boophilus annulatus tick, the director must give written notice to the owner or person in control to treat them, and that person must comply within 10 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Scabies and Ticks [9301 - 9352] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Treatment [9301 - 9307] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 9302. If upon examination of any cattle or sheep, the director finds any cattle which are infected with the Boophilus annulatus tick, or sheep or cattle which are infected with, or exposed to, scabies, he shall forthwith notify, in writing, the owner or person that is in control of the cattle or sheep to dip or otherwise treat them as directed for the purpose of eradicating the tick or scabies. The owner or person that is in control of the cattle or sheep shall comply with the notice within 10 days. (Enacted by Stats. 1967, Ch. 15.) - 9303. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Scabies and Ticks [9301 - 9352] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Treatment [9301 - 9307] ( Article 1 enacted by Stats. 1967, Ch. 15. )
If the owner or person in control of cattle or sheep does not dip them within 10 days after notice, the director must take possession and treat the 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Scabies and Ticks [9301 - 9352] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Treatment [9301 - 9307] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 9303. If, at the expiration of 10 days from the date on which notice was given, the owner or person in control of the cattle or sheep has failed to dip the cattle or sheep in accordance with the directions of the director, the director shall immediately take possession of the cattle or sheep and dip the sheep as many times as may be necessary, or dip or otherwise treat the cattle. (Enacted by Stats. 1967, Ch. 15.) - 9304. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Scabies and Ticks [9301 - 9352] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Treatment [9301 - 9307] ( Article 1 enacted by Stats. 1967, Ch. 15. )
If cattle are still infected with ticks after a 10-day examination, the director must instruct the owner or person in possession to keep dipping or treating them for as long as the department considers advisable.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Scabies and Ticks [9301 - 9352] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Treatment [9301 - 9307] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 9304. If upon examination at the end of the 10 days the director finds that the cattle have been dipped or otherwise treated for the extermination of ticks but are still infected, he shall instruct the owner or person in possession of the cattle to continue the dipping or treatment as the circumstances may demand, and within such time as the department deems advisable. (Enacted by Stats. 1967, Ch. 15.) - 9305. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Scabies and Ticks [9301 - 9352] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Treatment [9301 - 9307] ( Article 1 enacted by Stats. 1967, Ch. 15. )
If cattle are found to be infected with ticks again, or have not been properly dipped or treated as instructed, the director must take possession of the cattle and treat 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Scabies and Ticks [9301 - 9352] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Treatment [9301 - 9307] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 9305. If upon examination at any time the department finds that the cattle are again infected with the ticks or that the owner or person in control of the cattle has not continued to properly dip or otherwise treat the cattle as instructed, the director shall take possession of the cattle and dip or otherwise treat them. (Enacted by Stats. 1967, Ch. 15.) - 9306. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Scabies and Ticks [9301 - 9352] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Treatment [9301 - 9307] ( Article 1 enacted by Stats. 1967, Ch. 15. )
If the director believes scabies may exist in sheep or cattle, the director must notify the person in control to gather the animals in a corral for 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Scabies and Ticks [9301 - 9352] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Treatment [9301 - 9307] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 9306. If the director has reason to believe that the disease known as scabies exists in a flock of sheep or in a herd of cattle, he shall notify the owner or person that is in control of the sheep or cattle to gather all the sheep or cattle in a corral in order that the sheep or cattle may be examined to ascertain if any are so infected. (Enacted by Stats. 1967, Ch. 15.) - 9307. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Scabies and Ticks [9301 - 9352] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Treatment [9301 - 9307] ( Article 1 enacted by Stats. 1967, Ch. 15. )
If the owner or person in control does not gather the sheep or cattle into a corral for examination, the director must do it and may hire help.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Scabies and Ticks [9301 - 9352] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Treatment [9301 - 9307] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 9307. If the owner or person that is in control of the sheep or cattle does not gather all of the sheep or cattle in a corral for the examination, the director shall gather the sheep or cattle in a corral for the examination. He may hire such necessary help as may be required to gather the sheep or cattle. (Enacted by Stats. 1967, Ch. 15.) - 9331. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Scabies and Ticks [9301 - 9352] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Civil Liability [9331 - 9333] ( Article 2 enacted by Stats. 1967, Ch. 15. )
Costs and expenses for dipping or treating cattle or sheep, and for gathering sheep or cattle, become a lien on the animals until the lien is paid or foreclosed by law.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Scabies and Ticks [9301 - 9352] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Civil Liability [9331 - 9333] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 9331. All expenses and costs of dipping or treating cattle or sheep and all expenses and costs of gathering sheep or cattle which are incurred by the department pursuant to this chapter are a lien on the cattle or sheep until the lien is paid or foreclosed by law. (Enacted by Stats. 1967, Ch. 15.) - 9332. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Scabies and Ticks [9301 - 9352] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Civil Liability [9331 - 9333] ( Article 2 enacted by Stats. 1967, Ch. 15. )
If the lien is unpaid for 15 days after expenses and costs were incurred, the department must start an action to foreclose 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Scabies and Ticks [9301 - 9352] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Civil Liability [9331 - 9333] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 9332. If the lien is not paid within 15 days after the expenses and costs were incurred, the department shall, in the name of the people of the State of California, commence an action to foreclose the lien. The action shall be commenced, tried, and determined in all respects as provided by law for the foreclosure of mortgages on personal property. (Enacted by Stats. 1967, Ch. 15.) - 9333. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Scabies and Ticks [9301 - 9352] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Civil Liability [9331 - 9333] ( Article 2 enacted by Stats. 1967, Ch. 15. )
In a civil case under this chapter, people with an interest in, control of, or possession of the cattle or sheep involved are jointly and severally liable.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Scabies and Ticks [9301 - 9352] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Civil Liability [9331 - 9333] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 9333. In any civil proceeding which arises under this chapter, all persons that have an interest in, or control or possession of, the cattle or sheep concerning which the proceeding is had, are liable severally and jointly. (Enacted by Stats. 1967, Ch. 15.) - 9351. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Scabies and Ticks [9301 - 9352] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Violations [9351 - 9352] ( Article 3 enacted by Stats. 1967, Ch. 15. )
A person may not willfully sell cattle infected with the Boophilus annulatus tick, except for immediate slaughter, and may not expose those cattle in a way that could infect other uninfected livestock.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Scabies and Ticks [9301 - 9352] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Violations [9351 - 9352] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 9351. It is unlawful for any person to willfully sell, except for immediate slaughter, or expose in such a manner as may infect other livestock not so infected, any cattle which have or are infected with the Boophilus annulatus tick. (Enacted by Stats. 1967, Ch. 15.) - 9352. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Scabies and Ticks [9301 - 9352] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Violations [9351 - 9352] ( Article 3 enacted by Stats. 1967, Ch. 15. )
A person must not knowingly sell sheep or cattle infected with scabies, or expose them in a way that could infect uninfected sheep or 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Scabies and Ticks [9301 - 9352] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Violations [9351 - 9352] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 9352. It is unlawful for any person to knowingly sell any sheep or cattle which are infected with scabies, or to expose them in such a manner as may infect other sheep or cattle which are not infected with scabies. (Enacted by Stats. 1967, Ch. 15.) - 9501. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [9501 - 9503] ( Article 1 enacted by Stats. 1967, Ch. 15. )
The definitions in this article control how this chapter is read, 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [9501 - 9503] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 9501. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Enacted by Stats. 1967, Ch. 15.) - 9502. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [9501 - 9503] ( Article 1 enacted by Stats. 1967, Ch. 15. )
For this code section, “animal,” “livestock,” and “domestic animal” include poultry.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [9501 - 9503] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 9502. “Animal,” “livestock,” or “domestic animal,” includes poultry. (Enacted by Stats. 1967, Ch. 15.) - 9503. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [9501 - 9503] ( Article 1 enacted by Stats. 1967, Ch. 15. )
“Poultry” means domesticated fowl and also wild fowl or birds that have been reduced to captivity.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [9501 - 9503] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 9503. “Poultry” includes all domesticated fowl and any wild fowl or bird which is reduced to captivity. (Enacted by Stats. 1967, Ch. 15.) - 951. Verify source ↗
## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 2. THE STATE BOARD OF FOOD AND AGRICULTURE [901 - 954] ( Heading of Part 2 amended by Stats. 1973, Ch. 325. ) ## CHAPTER 2. Powers and Duties [951 - 954] ( Chapter 2 enacted by Stats. 1967, Ch. 15. )
The board must examine the needs of California’s agricultural industry and the department’s role, and must confer and advise the Governor and the director on how the department can best serve agriculture and consumers.
## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 2. THE STATE BOARD OF FOOD AND AGRICULTURE [901 - 954] ( Heading of Part 2 amended by Stats. 1973, Ch. 325. ) ## CHAPTER 2. Powers and Duties [951 - 954] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## 951. The board shall inquire into the needs of the agricultural industry of this state and the functions of the department in relation to such needs, and confer and advise with the Governor and the director as to how the agricultural industry and the consumer of agricultural products may best be served by the department. (Amended by Stats. 1975, Ch. 875.) - 951.5. Verify source ↗
## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 2. THE STATE BOARD OF FOOD AND AGRICULTURE [901 - 954] ( Heading of Part 2 amended by Stats. 1973, Ch. 325. ) ## CHAPTER 2. Powers and Duties [951 - 954] ( Chapter 2 enacted by Stats. 1967, Ch. 15. )
The board must make recommendations to the secretary about certain project agreements funded under Chapter 6 of Part 1 of Division 21.
## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 2. THE STATE BOARD OF FOOD AND AGRICULTURE [901 - 954] ( Heading of Part 2 amended by Stats. 1973, Ch. 325. ) ## CHAPTER 2. Powers and Duties [951 - 954] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## 951.5. The board shall make recommendations to the secretary regarding the project agreements to be funded pursuant to Chapter 6 (commencing with Section 58551) of Part 1 of Division 21. (Added by Stats. 2002, Ch. 982, Sec. 2. Effective September 27, 2002.) - 952. Verify source ↗
## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 2. THE STATE BOARD OF FOOD AND AGRICULTURE [901 - 954] ( Heading of Part 2 amended by Stats. 1973, Ch. 325. ) ## CHAPTER 2. Powers and Duties [951 - 954] ( Chapter 2 enacted by Stats. 1967, Ch. 15. )
The board, and board members authorized by resolution, may investigate, hold hearings, and prosecute actions on matters under the department’s jurisdiction.
## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 2. THE STATE BOARD OF FOOD AND AGRICULTURE [901 - 954] ( Heading of Part 2 amended by Stats. 1973, Ch. 325. ) ## CHAPTER 2. Powers and Duties [951 - 954] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## 952. The board, and any member of it who is authorized by resolution of the board, may make investigations, conduct hearings, and prosecute actions concerning all matters and subjects which are under the jurisdiction of the department. For such purposes, the board and its authorized members shall have all of the powers and authority which are conferred upon a head of a state department by Article 2 (commencing with Section 11180), Chapter 2, Part 1, Division 3, Title 2 of the Government Code. (Enacted by Stats. 1967, Ch. 15.) - 953. Verify source ↗
## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 2. THE STATE BOARD OF FOOD AND AGRICULTURE [901 - 954] ( Heading of Part 2 amended by Stats. 1973, Ch. 325. ) ## CHAPTER 2. Powers and Duties [951 - 954] ( Chapter 2 enacted by Stats. 1967, Ch. 15. )
The board must meet at least once a month, normally in the director’s office in Sacramento or at another location the board president considers appropriate.
## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 2. THE STATE BOARD OF FOOD AND AGRICULTURE [901 - 954] ( Heading of Part 2 amended by Stats. 1973, Ch. 325. ) ## CHAPTER 2. Powers and Duties [951 - 954] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## 953. The board shall hold meetings at least once a month in the office of the director at Sacramento or at any other location determined by the president of the board to be appropriate. (Amended by Stats. 1973, Ch. 325.) - 9531. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Inspections [9531 - 9532] ( Article 2 enacted by Stats. 1967, Ch. 15. )
If the director learns of a contagious, infectious, or transmissible disease affecting domestic animals in the state, the director must investigate and may enter premises and inspect animals while doing so.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Inspections [9531 - 9532] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 9531. If the director receives information of the existence of any contagious, infectious, or transmissible disease which affects domestic animals within this state, he shall thoroughly investigate it. In making such an investigation, he may enter any premises and inspect any animal. (Enacted by Stats. 1967, Ch. 15.) - 9532. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Inspections [9531 - 9532] ( Article 2 enacted by Stats. 1967, Ch. 15. )
The chapter does not take away local inspectors’ existing power to inspect animals if they work for a chartered or incorporated city, or a city and county, and have passed the required civil service inspection exam.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Inspections [9531 - 9532] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 9532. This chapter does not deprive the regular inspectors who are employed by any chartered or incorporated city, or city and county, after they have passed a civil service meat, market, and poultry inspection examination, of the powers which are granted them by such city, or city and county, to inspect animals. (Enacted by Stats. 1967, Ch. 15.) - 954. Verify source ↗
## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 2. THE STATE BOARD OF FOOD AND AGRICULTURE [901 - 954] ( Heading of Part 2 amended by Stats. 1973, Ch. 325. ) ## CHAPTER 2. Powers and Duties [951 - 954] ( Chapter 2 enacted by Stats. 1967, Ch. 15. )
The board may hold special or adjourned meetings at the director’s office in Sacramento, or another place in the state the president considers necessary.
## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 2. THE STATE BOARD OF FOOD AND AGRICULTURE [901 - 954] ( Heading of Part 2 amended by Stats. 1973, Ch. 325. ) ## CHAPTER 2. Powers and Duties [951 - 954] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## 954. Special or adjourned meetings may be held at the office of the director in Sacramento, or at any other place in the state which the president may deem necessary. Special meetings of the board shall also be called by the president at any time upon the written request of four members of the board. (Amended by Stats. 1973, Ch. 325.) - 9561. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Establishment of Quarantine [9561 - 9574] ( Article 3 enacted by Stats. 1967, Ch. 15. )
The State Veterinarian may create quarantine, sanitary, and police regulations when needed to stop or control a condition designated under Section 9562.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Establishment of Quarantine [9561 - 9574] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 9561. The State Veterinarian may establish such quarantine, sanitary, and police regulations as may be necessary to prevent, circumscribe, or exterminate, any condition designated pursuant to Section 9562. (Amended by Stats. 2001, Ch. 503, Sec. 1.5. Effective January 1, 2002.) - 9562. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Establishment of Quarantine [9561 - 9574] ( Article 3 enacted by Stats. 1967, Ch. 15. )
The State Veterinarian must impose a quarantine when supported by reasonable epidemiological or scientific basis, and may also impose related restrictions and order movement, segregation, isolation, destruction, or holding in place of animals or food products.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Establishment of Quarantine [9561 - 9574] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 9562. (a) Subject to the rights and procedures established pursuant to Chapter 4.5 (commencing with Section 11400) of Division 3 of Title 2 of the Government Code, and in accordance with regulations adopted pursuant to this code, the State Veterinarian shall impose a quarantine if he or she believes, upon any basis reasonably supportable by standard epidemiological practice or credible scientific research, that a population of domestic animals or food product from animals has contracted, or may carry, an illness, infection, pathogen, contagion, toxin, or condition that, without intervention, could transmit an illness that could kill or seriously damage other animals or humans, including, in addition to the original condition, those clinically plausible secondary illnesses, infections, pathogens, contagions, toxins, or conditions arising from the effects of the original. (b) (1) Because the authority conferred by this section is designed to protect the health and safety of the citizens of this state, the authority shall be interpreted broadly to give full effect to the purpose of protecting the public health and safety and shall be construed to include the imposition of quarantines in the circumstances of natural disaster, whether occurring or imminent, or declared emergencies. (2) In furtherance of the objectives of the quarantine, the State Veterinarian may impose restrictions not only on the affected animals themselves and the uses to which those animals may be put, but on products produced from, by, or with those animals in order to minimize the risk or spread of food-borne illness. (3) The State Veterinarian’s quarantine powers set forth in this section expressly include the power to order movement, segregation, isolation, or destruction of animals or food products, as well as the power to hold animals or food products in place. (Amended by Stats. 1999, Ch. 447, Sec. 1. Effective January 1, 2000.) - 9563. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Establishment of Quarantine [9561 - 9574] ( Article 3 enacted by Stats. 1967, Ch. 15. )
A person must not move or permit the movement of restricted animals, animal food products, vehicles, farm equipment, farm products, or other restricted materials unless first authorized 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Establishment of Quarantine [9561 - 9574] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 9563. It is unlawful for any person to move or allow to be moved any of the animals, food product from animals, vehicles, farm equipment, farm products, or other materials that are subject to restrictions established pursuant to Section 9562 or 9569 unless that person has first obtained authorization from the State Veterinarian. (Amended by Stats. 2001, Ch. 503, Sec. 2. Effective January 1, 2002.) - 9564. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Establishment of Quarantine [9561 - 9574] ( Article 3 enacted by Stats. 1967, Ch. 15. )
The State Veterinarian may set quarantine-area boundaries when needed, and people may not move affected animals into, out of, or within the area unless authorized.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Establishment of Quarantine [9561 - 9574] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 9564. If it is necessary to restrict the movements of animals pursuant to Section 9562, the State Veterinarian may fix and proclaim the boundaries of a quarantine area in lieu of separate, individual orders issued to each owner pursuant to Section 9562. While the boundaries are in force, it is unlawful for any person to move or allow to be moved any such animals from or within the boundaries of the quarantine area, unless that person is authorized to do so by the State Veterinarian. (Amended by Stats. 2001, Ch. 503, Sec. 3. Effective January 1, 2002.) - 9569. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Establishment of Quarantine [9561 - 9574] ( Article 3 enacted by Stats. 1967, Ch. 15. )
The State Veterinarian may control movement, inspections, destruction, disposal, and disinfection measures inside a quarantine 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Establishment of Quarantine [9561 - 9574] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 9569. In addition to actions that may be directed by the State Veterinarian pursuant to Section 9562, the State Veterinarian may: (a) Regulate, restrict, or restrain the movements of persons, vehicles, farm equipment, farm and dairy products, and other property from or into the quarantine area, or from place to place within it, during the existence of the quarantine. (b) Impose, as a condition to travel through or within the quarantine area, that no person or vehicle which is permitted to travel on any road or highway shall depart from the road or highway while within the quarantine area. (c) Order all animals within the quarantine area to be detained for purposes of examination or inspection at any place which is specified by him or her in the order. (d) Cause to be destroyed all animals or property which may be found within the area that are affected with the disease, infestation, or condition or which have been so exposed as to be dangerous to themselves or other animals. (e) Require a proper disposal to be made of the hide and carcass of any animal which is destroyed. (f) Adopt and enforce all necessary regulations for cleaning and disinfecting any premises or property where the disease, infestation, or condition exists or has existed by treatment, disposal, or otherwise, and such other regulations as he may deem necessary to eradicate the disease and to prevent its dissemination. (Amended by Stats. 2001, Ch. 503, Sec. 8. Effective January 1, 2002.) - 9570. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Establishment of Quarantine [9561 - 9574] ( Article 3 enacted by Stats. 1967, Ch. 15. )
If the State Veterinarian invokes Section 9562 and the import could spread the designated disease or condition, the State Veterinarian must set the import conditions, if any.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Establishment of Quarantine [9561 - 9574] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 9570. If the State Veterinarian invokes Section 9562, and the importation of animals, animal products, or other property from any state, territory, or foreign country may transmit, carry or disseminate the illness, infection, pathogen, contagion, toxin, or condition designated pursuant to Section 9562, the State Veterinarian shall prescribe the conditions, if any, under which these animals, animal products, or property may be imported into this state. (Amended by Stats. 2001, Ch. 503, Sec. 9. Effective January 1, 2002.) - 9573. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Establishment of Quarantine [9561 - 9574] ( Article 3 enacted by Stats. 1967, Ch. 15. )
A county or city may not establish a quarantine against another county or city for a disease or condition covered by the State Veterinarian’s authority.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Establishment of Quarantine [9561 - 9574] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 9573. A quarantine shall not be established by one county or city against another county or city on account of the existence of any disease or condition subject to the authority of the State Veterinarian pursuant to Section 9562 or 9569. (Amended by Stats. 2001, Ch. 503, Sec. 12. Effective January 1, 2002.) - 9574. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Establishment of Quarantine [9561 - 9574] ( Article 3 enacted by Stats. 1967, Ch. 15. )
A person who knowingly or negligently moves pest-infested or disease-infected animals or other articles and causes spread beyond quarantine boundaries can be civilly liable up to $25,000 per violation.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Establishment of Quarantine [9561 - 9574] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 9574. (a) Any person who negligently or intentionally violates any state or federal law or regulation, including any quarantine regulation, by moving any animal or other article, which by virtue of being pest infested or disease infected, causes an infestation or infection of a pest, animal, or disease, or causes an existing infestation to spread beyond any quarantine boundaries is liable civilly in a sum not to exceed twenty-five thousand dollars ($25,000) for each act that constitutes a violation of the law or regulation. (b) The Attorney General, upon request of the State Veterinarian, shall petition the superior court to impose, assess, and recover the sum imposed pursuant to subdivision (a). In determining the amount to be imposed, the court shall take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation and the nature and persistence of the violation. (c) The remedy under this section is in addition to, and does not supersede or limit, any and all other remedies, civil or criminal, that are otherwise available to the state. (d) Any funds recovered pursuant to this section shall be deposited in the Department of Food and Agriculture Fund for emergency pest or disease exclusion, detection, eradication, and research of agricultural plant or animal pests or diseases. These funds may be allocated to cover costs related to the enforcement of this division. These funds are in addition to any funds appropriated for those purposes pursuant to Section 224. (Amended by Stats. 2018, Ch. 289, Sec. 6. (AB 3252) Effective January 1, 2019.) - 9591. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Compensable Destruction of Diseased Animals [9591 - 9595] ( Article 4 enacted by Stats. 1967, Ch. 15. )
If an animal or property is destroyed under Section 9569, the owner is entitled to payment of money under Section 9593, unless Section 9595 says 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Compensable Destruction of Diseased Animals [9591 - 9595] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 9591. Except as otherwise provided in Section 9595, if any animal or property is destroyed pursuant to Section 9569, the owner of the animal or property shall be paid an amount of money as provided in Section 9593. (Amended by Stats. 1978, Ch. 599.) - 9592. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Compensable Destruction of Diseased Animals [9591 - 9595] ( Article 4 enacted by Stats. 1967, Ch. 15. )
The state may help pay for destroyed animal or property costs if the United States shares the payment equally, or if the State Veterinarian finds non-disposal would harm health or the animal industry.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Compensable Destruction of Diseased Animals [9591 - 9595] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 9592. The state may contribute toward the payment for the animal or property destroyed if either of the following occurs: (a) The United States agrees to share equally in the payment. (b) The State Veterinarian finds that the failure to dispose of the animal, animal product, or property would be or would have been detrimental to human or animal health or the welfare of that animal industry. (Amended by Stats. 2001, Ch. 503, Sec. 14. Effective January 1, 2002.) - 9593. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Compensable Destruction of Diseased Animals [9591 - 9595] ( Article 4 enacted by Stats. 1967, Ch. 15. )
This section says the value of an animal or property destroyed under Section 9592 must be determined, either by an agreed appraisal process or expeditiously by the secretary, and it does not require appraisal or payment before destruction.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Compensable Destruction of Diseased Animals [9591 - 9595] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 9593. (a) The value of the animal or property prior to its destruction for which contribution is made pursuant to subdivision (a) of Section 9592 shall be determined by an appraisal process agreed upon by the secretary of the Department of Food and Agriculture and the Secretary of the United States Department of Agriculture. (b) The value of the animal or property prior to its destruction for which contribution is made pursuant to Section 9592 shall be expeditiously determined by the secretary in consultation with the affected industry. (c) Nothing in this provision shall be construed to require appraisal or payment before destruction is carried out. (Amended by Stats. 2001, Ch. 503, Sec. 15. Effective January 1, 2002.) - 9594. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Compensable Destruction of Diseased Animals [9591 - 9595] ( Article 4 enacted by Stats. 1967, Ch. 15. )
The department may use available support funds to pay amounts the state owes to owners of animals or property taken, destroyed, or otherwise disposed of under animal disease control provisions.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Compensable Destruction of Diseased Animals [9591 - 9595] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 9594. The department may pay from any money which is available for the support of the department all sums that are due or to become due from the state to owners of animals or property which is taken, destroyed, or otherwise disposed of pursuant to any provision of this code that relates to the control, prevention, or eradication of disease in animals. (Amended by Stats. 1978, Ch. 599.) - 9595. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Compensable Destruction of Diseased Animals [9591 - 9595] ( Article 4 enacted by Stats. 1967, Ch. 15. )
Indemnity payments are not paid for animals or property taken, destroyed, or otherwise disposed of under disease-control provisions if the owner is violating a quarantine order or related 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Compensable Destruction of Diseased Animals [9591 - 9595] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 9595. Indemnity payments provided by this division shall not be paid for any animal or property which is taken, destroyed, or otherwise disposed of pursuant to any provision of this code that relates to the control, prevention, or eradication of disease, if the owner is in violation of any quarantine order issued pursuant to this division or any regulation adopted pursuant thereto. (Added by Stats. 1978, Ch. 599.) - 9621. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Noncompensable Destruction of Diseased Animals [9621- 9621.] ( Article 5 enacted by Stats. 1967, Ch. 15. )
Animals affected with dourine, as shown by a complement-fixation test, must be immediately destroyed unless Section 9571 says 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Noncompensable Destruction of Diseased Animals [9621- 9621.] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 9621. Except as otherwise provided in Section 9571, every horse, mule, or other animal which is affected with dourine, as shown by a complement-fixation test, is a public nuisance, and shall be immediately destroyed under the direction and supervision of the department. No indemnity shall be paid for such animal. (Enacted by Stats. 1967, Ch. 15.) - 9641.5. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Importation [9641.5 - 9641.7] ( Article 6 enacted by Stats. 1967, Ch. 15. )
Horses and other equidae brought into the state must come with a health certificate and proof of a negative equine infectious anemia test, subject to stated exemptions.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Importation [9641.5 - 9641.7] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 9641.5. (a) Any horse or other Equidae brought into this state shall be accompanied by the following: (1) A certificate of health from the state of origin issued by an accredited veterinarian. The certificate shall state that the horse or other Equidae is free from evidence of any communicable disease. (2) Verification that any horse or Equidae has been tested within the preceding 12 months and found negative to a test for equine infectious anemia. The test shall be approved by the secretary and conducted by a laboratory approved by the United States Department of Agriculture, and the necessary sample shall be taken, and the verification signed by, an accredited veterinarian. (b) A nursing foal of less than six months of age when accompanied by a negative dam and any horse or other Equidae consigned for immediate slaughter shall be exempt from the testing requirements of this section. (Amended by Stats. 2014, Ch. 281, Sec. 1. (AB 1597) Effective January 1, 2015.) - 9641.6. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Importation [9641.5 - 9641.7] ( Article 6 enacted by Stats. 1967, Ch. 15. )
The director may issue and renew a permit that exempts a working horse from Section 9641.5 if the business and movement 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Importation [9641.5 - 9641.7] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 9641.6. (a) The director may issue a permit, valid on January 1 and renewable on or before January 1 of each year thereafter, that exempts any working horse from the requirements of Section 9641.5 under all of the following conditions: (1) The applicant owns or operates a business or businesses located in both this state and in another state in which horses are used in the operation of the business or businesses. (2) The horse is moved across the state border from one business location to the other. (b) The director may require the applicant to furnish any information that the director determines to be necessary as part of the application process. (c) “Working horse” means a horse used for livestock husbandry or for other ranch-related activities. (Added by Stats. 1984, Ch. 913, Sec. 1.) - 9641.7. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Importation [9641.5 - 9641.7] ( Article 6 enacted by Stats. 1967, Ch. 15. )
A laboratory in California that makes a positive equine infectious anemia test must report it by telephone to the department within 24 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Importation [9641.5 - 9641.7] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 9641.7. Any positive test for equine infectious anemia performed in a California laboratory shall be reported by telephone within 24 hours to the department by the laboratory making the test. (Added by Stats. 1978, Ch. 1030.) - 9671. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Interagency Cooperation [9671 - 9674] ( Article 7 enacted by Stats. 1967, Ch. 15. )
The director must meet periodically with certain officials and representatives to coordinate livestock sanitary activities.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Interagency Cooperation [9671 - 9674] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 9671. The director shall meet periodically with the livestock sanitary officials or committees of other states, the duly authorized agricultural representatives of other states and of the United States, or any of them, for the purpose of coordinating livestock sanitary activities within this state and among the several states which have common or similar problems in the field of livestock disease and the prevention, quarantine, eradication, or control of livestock disease. (Enacted by Stats. 1967, Ch. 15.) - 9672. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Interagency Cooperation [9671 - 9674] ( Article 7 enacted by Stats. 1967, Ch. 15. )
A county may spend general-fund money to investigate, inspect, control, and eradicate disease in domestic animals, and may make agreements for those 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Interagency Cooperation [9671 - 9674] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 9672. A county may appropriate and expend money from the general fund of the county to carry on investigation, inspection, control, and eradication of disease in domestic animals. For such purposes it may enter into agreements with the department or with any other county and the department. (Enacted by Stats. 1967, Ch. 15.) - 9673. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Interagency Cooperation [9671 - 9674] ( Article 7 enacted by Stats. 1967, Ch. 15. )
An agreement under Section 9672 may set how county funds are paid to the department, how the work is supervised, how long the agreement lasts, and how it can be ended.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Interagency Cooperation [9671 - 9674] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 9673. An agreement which is entered into pursuant to Section 9672 may do all of the following: (a) Provide that payments from the county treasuries may be made to the department and disbursed only for investigation, inspection, control and eradication of disease in domestic animals within any county which is a party to the agreement. (b) Provide that the department shall have full control and supervision in carrying on the work which is provided for. (c) Be continued for a definite term or until rescinded or terminated. (d) Provide for the method by which it may be rescinded or terminated by any of the parties to the agreement. (Enacted by Stats. 1967, Ch. 15.) - 9674. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Interagency Cooperation [9671 - 9674] ( Article 7 enacted by Stats. 1967, Ch. 15. )
An agreement made under Section 9672 must specify how acquired property and surplus money will be handled.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Interagency Cooperation [9671 - 9674] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 9674. An agreement which is entered into pursuant to Section 9672 shall provide for the disposition, division, or distribution of any property which is acquired as the result of the joint exercise of powers, and the return of any surplus moneys, in proportion to the contributions which were made, after the agreement has been completed. (Enacted by Stats. 1967, Ch. 15.) - 9691. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Violations [9691 - 9702] ( Article 8 enacted by Stats. 1967, Ch. 15. )
A person must not move, or cause the movement of, any animal out of a quarantined district, area, or premises unless the chapter’s prescribed 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Violations [9691 - 9702] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 9691. It is unlawful for any person to remove or cause to be removed any animal from any district, area, or premises which is quarantined pursuant to this chapter, except upon the conditions which are prescribed in this chapter. (Enacted by Stats. 1967, Ch. 15.) - 9692. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Violations [9691 - 9702] ( Article 8 enacted by Stats. 1967, Ch. 15. )
A person must not bring, or cause an animal to be brought, into a quarantined district, area, or premises unless they have written permission from the State Veterinarian or an authorized representative.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Violations [9691 - 9702] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 9692. It is unlawful for any person to bring or cause to be brought any animal into a quarantined district, area, or premises, without written permission from the State Veterinarian or an authorized representative. (Amended by Stats. 2001, Ch. 503, Sec. 16. Effective January 1, 2002.) - 9693. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Violations [9691 - 9702] ( Article 8 enacted by Stats. 1967, Ch. 15. )
A person may not move an animal within a quarantined district, area, or premises unless the State Veterinarian or an authorized representative gives written permission.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Violations [9691 - 9702] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 9693. It is unlawful for any person to move or cause to be moved any animal from place to place within any quarantined district, area, or premises, without written permission from the State Veterinarian or an authorized representative. (Amended by Stats. 2001, Ch. 503, Sec. 17. Effective January 1, 2002.) - 9694. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Violations [9691 - 9702] ( Article 8 enacted by Stats. 1967, Ch. 15. )
A person must not resist the destruction of an animal or property when that destruction has been ordered by the State Veterinarian under Section 9562.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Violations [9691 - 9702] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 9694. It is unlawful for any person to resist the destruction of any animal or property ordered destroyed by the State Veterinarian pursuant to Section 9562. (Amended by Stats. 2001, Ch. 503, Sec. 18. Effective January 1, 2002.) - 9695. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Violations [9691 - 9702] ( Article 8 enacted by Stats. 1967, Ch. 15. )
Any person must not hide, secrete, or fail to disclose an animal or property that has a disease-related quarantine connection, including its whereabouts.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Violations [9691 - 9702] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 9695. It is unlawful for any person to hide, secrete, or fail to disclose any animal or property that is suffering from, or that has been exposed or potentially exposed to any disease subject to a current quarantine order or to fail to disclose the whereabouts of that animal or property. (Amended by Stats. 2001, Ch. 503, Sec. 19. Effective January 1, 2002.) - 9696. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Violations [9691 - 9702] ( Article 8 enacted by Stats. 1967, Ch. 15. )
A person must not fail or refuse to dispose of property destroyed under Sections 9562 or 9569 if directed to do so, and the disposal must follow the State Veterinarian’s instructions.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Violations [9691 - 9702] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 9696. It is unlawful for any person to fail or refuse to dispose of any property destroyed pursuant to Section 9562 or 9569 in the manner prescribed by the State Veterinarian, when directed or required to do so. (Amended by Stats. 2001, Ch. 503, Sec. 20. Effective January 1, 2002.) - 9697. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Violations [9691 - 9702] ( Article 8 enacted by Stats. 1967, Ch. 15. )
A person must not refuse to clean or disinfect premises when the State Veterinarian directs it under Sections 9562 or 9569, and the work must follow the Veterinarian’s prescribed method.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Violations [9691 - 9702] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 9697. It is unlawful for any person to fail or refuse to clean or disinfect any premises in the manner prescribed by the State Veterinarian, when directed to do so by the State Veterinarian pursuant to Section 9562 or 9569. (Amended by Stats. 2001, Ch. 503, Sec. 21. Effective January 1, 2002.) - 9698. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Violations [9691 - 9702] ( Article 8 enacted by Stats. 1967, Ch. 15. )
A person must not violate a quarantine order that restricts movement within a quarantined district, area, or 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Violations [9691 - 9702] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 9698. It is unlawful for any person to violate any quarantine order which regulates, restricts, or restrains the movement of persons, vehicles, farm equipment, farm and dairy products into, from, or from place to place within a quarantined district, area, or premises. (Enacted by Stats. 1967, Ch. 15.) - 9699. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Violations [9691 - 9702] ( Article 8 enacted by Stats. 1967, Ch. 15. )
A person must not violate the conditions of a permit that allows travel on roads or highways in a quarantined district, area, or 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Violations [9691 - 9702] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 9699. It is unlawful for any person to violate the conditions of any permit which authorizes the permittee to travel upon any road or highway within a quarantined district, area, or premises. (Enacted by Stats. 1967, Ch. 15.) - 9700. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Violations [9691 - 9702] ( Article 8 enacted by Stats. 1967, Ch. 15. )
A person must not violate any other provision of this chapter or any regulation or order made 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Violations [9691 - 9702] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 9700. It is unlawful for any person to violate any other provision of this chapter or any regulation or order which is made pursuant to it. (Enacted by Stats. 1967, Ch. 15.) - 9701. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Violations [9691 - 9702] ( Article 8 enacted by Stats. 1967, Ch. 15. )
Violating any provision of this chapter is punishable as an infraction for a first offense, and as a misdemeanor with higher fines and possible jail time for a second or later offense within three years of a prior conviction.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Violations [9691 - 9702] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 9701. Any violation of any provision of this chapter is an infraction punishable by a fine of not more than one hundred dollars ($100) for the first offense and is a misdemeanor punishable by a fine of not less than one hundred dollars ($100) or more than one thousand dollars ($1,000) or by imprisonment in the county jail for not more than six months, or by both the fine and imprisonment, for a second or subsequent offense committed within three years of a prior conviction under this chapter. (Amended by Stats. 1984, Ch. 647, Sec. 1.) - 9702. Verify source ↗
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Violations [9691 - 9702] ( Article 8 enacted by Stats. 1967, Ch. 15. )
A vehicle operator must stop the vehicle when a clearly identified animal health quarantine officer demands it under the stated quarantine-enforcement conditions.
## 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 1. DISEASED ANIMALS AND POULTRY [9101 - 9702] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Animal Quarantine [9501 - 9702] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Violations [9691 - 9702] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 9702. It is unlawful for the operator of any vehicle to fail to stop the vehicle upon demand of a clearly identified animal health quarantine officer when the officer orders the operator to stop for the purpose of determining whether any quarantine which is established pursuant to this chapter is being violated and the officer has reasonable cause to believe that the vehicle is being used in connection with a quarantine violation. (Added by Stats. 1984, Ch. 539, Sec. 2.) - 9801. Verify source ↗
## 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 1. Exceptions [9801- 9801.] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )
This part does not apply to animals used in University of California research projects.
## 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 1. Exceptions [9801- 9801.] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 9801. This part does not apply to animals which are used in research projects of the University of California. (Enacted by Stats. 1967, Ch. 15.) - 9901. Verify source ↗
## 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 1. Definitions [9901 - 9914] ( Article 1 enacted by Stats. 1967, Ch. 15. )
The definitions in this article control how this chapter 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 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [9901 - 9914] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 9901. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Enacted by Stats. 1967, Ch. 15.) - 9902. Verify source ↗
## 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 1. Definitions [9901 - 9914] ( Article 1 enacted by Stats. 1967, Ch. 15. )
“Accredited herd” means a herd of cattle whose owner has a valid certificate of accreditation from the USDA 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 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [9901 - 9914] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 9902. “Accredited herd” means a herd of cattle for which the owner holds a valid certificate of accreditation issued to him by the United States Department of Agriculture and the department. (Enacted by Stats. 1967, Ch. 15.) - 9903. Verify source ↗
## 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 1. Definitions [9901 - 9914] ( Article 1 enacted by Stats. 1967, Ch. 15. )
This section defines “approved veterinarian” as a veterinarian who has department permission to buy, possess, or use tuberculin.
## 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 1. Definitions [9901 - 9914] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 9903. “Approved veterinarian” means a veterinarian who has been granted permission by the department to buy, possess, or use tuberculin. (Enacted by Stats. 1967, Ch. 15.) - 9904. Verify source ↗
## 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 1. Definitions [9901 - 9914] ( Article 1 enacted by Stats. 1967, Ch. 15. )
This section defines “bovine animals” as 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 1. Definitions [9901 - 9914] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 9904. “Bovine animals” means cattle. (Amended by Stats. 2004, Ch. 246, Sec. 1. Effective August 23, 2004.) - 9907. Verify source ↗
## 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 1. Definitions [9901 - 9914] ( Article 1 enacted by Stats. 1967, Ch. 15. )
“State TB status” means an area declared by 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 1. Definitions [9901 - 9914] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 9907. “State TB status” means an area so declared by the United States Department of Agriculture. (Repealed and added by Stats. 2004, Ch. 246, Sec. 5. Effective August 23, 2004.) - 9908. Verify source ↗
## 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 1. Definitions [9901 - 9914] ( Article 1 enacted by Stats. 1967, Ch. 15. )
“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 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [9901 - 9914] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 9908. “Premises” means any place where cattle have been or are kept. (Enacted by Stats. 1967, Ch. 15.) - 9909. Verify source ↗
## 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 1. Definitions [9901 - 9914] ( Article 1 enacted by Stats. 1967, Ch. 15. )
A “purebred animal” is an animal listed in the herd book of a breed record association recognized by the U.S. 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 1. Definitions [9901 - 9914] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 9909. “Purebred animal” means an animal which is identified in the herd book of a breed record association that is recognized by the United States Department of Agriculture. (Enacted by Stats. 1967, Ch. 15.) - 9910. Verify source ↗
## 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 1. Definitions [9901 - 9914] ( Article 1 enacted by Stats. 1967, Ch. 15. )
This section defines “reactor” or “reacting bovine animal” as a bovine animal that tests positive for tuberculosis or is determined to have tuberculosis on 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 1. Definitions [9901 - 9914] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 9910. “Reactor” or “reacting bovine animal” means any bovine animal that reacts positively to a tuberculosis test or that is determined to be tuberculosis upon examination. (Amended by Stats. 2004, Ch. 246, Sec. 6. Effective August 23, 2004.) - 9912. Verify source ↗
## 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 1. Definitions [9901 - 9914] ( Article 1 enacted by Stats. 1967, Ch. 15. )
This section defines “tuberculosis test” as an official test used to diagnose tuberculosis 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 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [9901 - 9914] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 9912. “Tuberculosis test” means the use of an official test for diagnosing tuberculosis in cattle. (Amended by Stats. 2004, Ch. 246, Sec. 8. Effective August 23, 2004.) - 9913. Verify source ↗
## 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 1. Definitions [9901 - 9914] ( Article 1 enacted by Stats. 1967, Ch. 15. )
A tuberculosis control area is an area established and delimited by proclamation of 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 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [9901 - 9914] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 9913. “Tuberculosis control area” means an area which is established and delimited as such by proclamation of the department. (Enacted by Stats. 1967, Ch. 15.) - 9914. Verify source ↗
## 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 1. Definitions [9901 - 9914] ( Article 1 enacted by Stats. 1967, Ch. 15. )
This section defines “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 1. Definitions [9901 - 9914] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 9914. “Tuberculosis-exposed cattle” means cattle that have been in contact with, or exposed to, any reactor or tuberculosis infected premises, or any tuberculosis infected material. (Added by Stats. 2004, Ch. 246, Sec. 9. Effective August 23, 2004.) - 9931. Verify source ↗
## 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 2. General Provisions [9931 - 9933] ( Article 2 enacted by Stats. 1967, Ch. 15. )
Inspectors or USDA agents may enter premises to carry out this chapter, but not dwelling houses; no one may obstruct them while they enforce 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 2. General Provisions [9931 - 9933] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 9931. To carry out the provisions of this chapter, the inspectors or agents of the department or the United States Department of Agriculture, may at any time or place, enter upon any premises, except dwelling houses. No person shall obstruct, hamper, or interfere with the agents or inspectors while they are enforcing the provisions of this chapter. (Enacted by Stats. 1967, Ch. 15.) - 9932. Verify source ↗
## 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 2. General Provisions [9931 - 9933] ( Article 2 enacted by Stats. 1967, Ch. 15. )
The State Veterinarian may make reasonably necessary regulations to help carry out this chapter and prevent bovine tuberculosis from entering and spreading in 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 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 2. General Provisions [9931 - 9933] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 9932. The State Veterinarian may make regulations as are reasonably necessary to carry into effect the provisions of this chapter to prevent bovine tuberculosis from entering and spreading within this state. (Amended by Stats. 2004, Ch. 246, Sec. 10. Effective August 23, 2004.) - 9933. Verify source ↗
## 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 2. General Provisions [9931 - 9933] ( Article 2 enacted by Stats. 1967, Ch. 15. )
The department may enter into cooperative agreements with the United States Department of Agriculture for tuberculosis 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 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [9931 - 9933] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 9933. The department may enter into any cooperative agreement with the United States Department of Agriculture to undertake tuberculosis control pursuant to this chapter. (Added by Stats. 2004, Ch. 246, Sec. 11. Effective August 23, 2004.) - 9941. Verify source ↗
## 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 3. Sale and Use of Tuberculosis Tests [9941 - 9944] ( Heading of Article 3 amended by Stats. 2004, Ch. 246, Sec. 12. )
The State Veterinarian may authorize certain veterinarians and representatives to buy, possess, or use tuberculosis tests, and may suspend or revoke those authorizations.
## 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 3. Sale and Use of Tuberculosis Tests [9941 - 9944] ( Heading of Article 3 amended by Stats. 2004, Ch. 246, Sec. 12. ) ## 9941. (a) The State Veterinarian may designate approved veterinarians to buy, possess, or use tuberculosis tests and may suspend or revoke that designation. (b) The State Veterinarian may designate a duly authorized representative of the department or of the United States Department of Agriculture to possess or use tuberculosis tests and may suspend or revoke that designation. (Amended by Stats. 2004, Ch. 246, Sec. 13. Effective August 23, 2004.) - 9942. Verify source ↗
## 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 3. Sale and Use of Tuberculosis Tests [9941 - 9944] ( Heading of Article 3 amended by Stats. 2004, Ch. 246, Sec. 12. )
Sales or dispositions of tuberculosis tests within the state must be reported to the department 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 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Sale and Use of Tuberculosis Tests [9941 - 9944] ( Heading of Article 3 amended by Stats. 2004, Ch. 246, Sec. 12. ) ## 9942. Any sale or disposition of tuberculosis tests within the state shall be reported to the department within five days after the sale or disposition. (Amended by Stats. 2004, Ch. 246, Sec. 14. Effective August 23, 2004.) - 9943. Verify source ↗
## 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 3. Sale and Use of Tuberculosis Tests [9941 - 9944] ( Heading of Article 3 amended by Stats. 2004, Ch. 246, Sec. 12. )
Only approved veterinarians may buy, possess, or use tuberculosis tests, and only duly authorized department or USDA representatives may possess or use them; violations are misdemeanors with at least 90 days in county jail and no fine option.
## 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 3. Sale and Use of Tuberculosis Tests [9941 - 9944] ( Heading of Article 3 amended by Stats. 2004, Ch. 246, Sec. 12. ) ## 9943. (a) It is a misdemeanor punishable by imprisonment in the county jail for not less than 90 days, without alternative of a fine in any case, for any person who is not an approved veterinarian to buy, possess, or use tuberculosis tests. (b) It is a misdemeanor punishable by imprisonment in a county jail for not less than 90 days, without alternative of a fine in any case, for any person who is not a duly authorized representative of the department or of the United States Department of Agriculture to possess or use tuberculosis tests. (Amended by Stats. 2004, Ch. 246, Sec. 15. Effective August 23, 2004.) - 9944. Verify source ↗
## 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 3. Sale and Use of Tuberculosis Tests [9941 - 9944] ( Heading of Article 3 amended by Stats. 2004, Ch. 246, Sec. 12. )
A person must not sell or otherwise dispose of a tuberculosis test in the state unless it was produced under license of the USDA Agricultural Research Service.
## 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 3. Sale and Use of Tuberculosis Tests [9941 - 9944] ( Heading of Article 3 amended by Stats. 2004, Ch. 246, Sec. 12. ) ## 9944. It is unlawful for any person to sell or otherwise dispose of any tuberculosis test in the state that has not been produced under license of the Agricultural Research Service of the United States Department of Agriculture. (Amended by Stats. 2004, Ch. 246, Sec. 16. Effective August 23, 2004.) - 9971. Verify source ↗
## 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 4. Tuberculosis Tests [9971 - 9982] ( Heading of Article 4 amended by Stats. 2004, Ch. 246, Sec. 17. )
An approved veterinarian or authorized government representative may ear tag or otherwise identify a bovine animal while applying a tuberculosis test.
## 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 4. Tuberculosis Tests [9971 - 9982] ( Heading of Article 4 amended by Stats. 2004, Ch. 246, Sec. 17. ) ## 9971. Any approved veterinarian or duly authorized representative of the department or of the United States Department of Agriculture may ear tag or otherwise identify any bovine animal to establish the identity of the animal, while applying a tuberculosis test to it. (Amended by Stats. 2004, Ch. 246, Sec. 18. Effective August 23, 2004.) - 9972. Verify source ↗
## 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 4. Tuberculosis Tests [9971 - 9982] ( Heading of Article 4 amended by Stats. 2004, Ch. 246, Sec. 17. )
The veterinarian who conducted a tuberculosis test must report the result to the State Veterinarian within 48 hours after the test is completed.
## 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 4. Tuberculosis Tests [9971 - 9982] ( Heading of Article 4 amended by Stats. 2004, Ch. 246, Sec. 17. ) ## 9972. The result of every tuberculosis test shall be reported to the State Veterinarian by the veterinarian who conducted the test within 48 hours after the completion of the test. (Amended by Stats. 2004, Ch. 246, Sec. 19. Effective August 23, 2004.) - 9973. Verify source ↗
## 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 4. Tuberculosis Tests [9971 - 9982] ( Heading of Article 4 amended by Stats. 2004, Ch. 246, Sec. 17. )
A reactor must be identified immediately after the reaction is determined, by the owner or the owner’s agent, under the approved veterinarian’s supervision and according to department and USDA 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 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 4. Tuberculosis Tests [9971 - 9982] ( Heading of Article 4 amended by Stats. 2004, Ch. 246, Sec. 17. ) ## 9973. Every reactor, immediately upon the determination of such reaction, shall be identified, pursuant to regulations of the department and the United States Department of Agriculture, by its owner or the owner’s agent under the supervision of the approved veterinarian who conducts the tuberculosis test. (Amended by Stats. 2004, Ch. 246, Sec. 20. Effective August 23, 2004.) - 9974. Verify source ↗
## 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 4. Tuberculosis Tests [9971 - 9982] ( Heading of Article 4 amended by Stats. 2004, Ch. 246, Sec. 17. )
If the State Veterinarian has reason to suspect an irregularity in a tuberculosis test or reactor identification, the State Veterinarian may enter premises to examine bovine 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 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 4. Tuberculosis Tests [9971 - 9982] ( Heading of Article 4 amended by Stats. 2004, Ch. 246, Sec. 17. ) ## 9974. If the State Veterinarian has reason to suspect an irregularity in the application of a tuberculosis test or the identification of reactors, the State Veterinarian may enter any premises for the purpose of examining any bovine animals in or on the premises to determine if there has been any abuse or misuse of tuberculosis, or any faulty, unskillful, or irregular technique or procedure in the application of the tuberculosis test, identification of reactors, or identification of animals tested for tuberculosis. (Amended by Stats. 2004, Ch. 246, Sec. 21. Effective August 23, 2004.) - 9975. Verify source ↗
## 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 4. Tuberculosis Tests [9971 - 9982] ( Heading of Article 4 amended by Stats. 2004, Ch. 246, Sec. 17. )
It is unlawful for any person to interfere with a veterinarian conducting a tuberculosis test, or to fail to properly secure and restrain a bovine animal being tested.
## 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 4. Tuberculosis Tests [9971 - 9982] ( Heading of Article 4 amended by Stats. 2004, Ch. 246, Sec. 17. ) ## 9975. It is unlawful for any person to do any of the following: (a) Obstruct, attack, or interfere with, or permit to be obstructed, attacked, or interfered with, the State Veterinarian or an approved veterinarian who is conducting a tuberculosis test. (b) Neglect or fail to properly secure and restrain any bovine animal to be tuberculosis tested, or under tuberculosis test, for examination, injection, observation, or other procedures that pertain to a tuberculosis test. (Amended by Stats. 2004, Ch. 246, Sec. 22. Effective August 23, 2004.) - 9976. Verify source ↗
## 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 4. Tuberculosis Tests [9971 - 9982] ( Heading of Article 4 amended by Stats. 2004, Ch. 246, Sec. 17. )
A person must not defeat, interfere with, or try to defeat or interfere with a tuberculosis test.
## 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 4. Tuberculosis Tests [9971 - 9982] ( Heading of Article 4 amended by Stats. 2004, Ch. 246, Sec. 17. ) ## 9976. It is a misdemeanor which is punishable by imprisonment in the county jail for not less than 90 days, without the alternative of a fine in any case, for any person to defeat or interfere with or to attempt to defeat or interfere with a tuberculosis test. (Amended by Stats. 2004, Ch. 246, Sec. 23. Effective August 23, 2004.) - 9977. Verify source ↗
## 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 4. Tuberculosis Tests [9971 - 9982] ( Heading of Article 4 amended by Stats. 2004, Ch. 246, Sec. 17. )
A person may not obstruct or interfere with a tuberculosis test for bovine animals, and doing so is a misdemeanor punishable by at least 90 days in county jail with no fine alternative.
## 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 4. Tuberculosis Tests [9971 - 9982] ( Heading of Article 4 amended by Stats. 2004, Ch. 246, Sec. 17. ) ## 9977. It is a misdemeanor which is punishable by imprisonment in the county jail for not less than 90 days, without the alternative of a fine in any case, for any person to obstruct, defeat, or interfere with or to attempt to obstruct, defeat, or interfere with a tuberculosis test by transporting from a premises or by hiding away or sequestering any bovine animal from or by bringing substitute bovine animals onto, such premises after receipt of a notification by the owner or person in charge of such animals on the premises from the department or from an approved veterinarian who is conducting tuberculosis tests, stating that the animals or herd on such premises will be tuberculosis tested on or before a certain date or will be under tuberculosis test for a stated period and that the animals or herd shall be held on the stated premises for a specified period. (Amended by Stats. 2004, Ch. 246, Sec. 24. Effective August 23, 2004.) - 9978. Verify source ↗
## 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 4. Tuberculosis Tests [9971 - 9982] ( Heading of Article 4 amended by Stats. 2004, Ch. 246, Sec. 17. )
The department or an approved veterinarian may give written permission for necessary movement of animals held under Section 9977, and must issue a written release when the tuberculosis test is completed.
## 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 4. Tuberculosis Tests [9971 - 9982] ( Heading of Article 4 amended by Stats. 2004, Ch. 246, Sec. 17. ) ## 9978. Permission in writing may be obtained from the department or the approved veterinarian who is conducting the tuberculosis tests to allow any necessary movement of the animals required to be held pursuant to Section 9977. Upon the completion of the tuberculosis test that is referred to in the notification, the department or the approved veterinarian shall issue a written release from the holding requirements of the notice. (Amended by Stats. 2004, Ch. 246, Sec. 25. Effective August 23, 2004.) - 9979. Verify source ↗
## 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 4. Tuberculosis Tests [9971 - 9982] ( Heading of Article 4 amended by Stats. 2004, Ch. 246, Sec. 17. )
A person must not apply a tuberculosis test to a bovine animal that has at any time been found by an approved veterinarian to be a reactor.
## 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 4. Tuberculosis Tests [9971 - 9982] ( Heading of Article 4 amended by Stats. 2004, Ch. 246, Sec. 17. ) ## 9979. It is unlawful for any person to apply a tuberculosis test to any bovine animal that has at any time been found by an approved veterinarian to be a reactor. (Amended by Stats. 2004, Ch. 246, Sec. 26. Effective August 23, 2004.) - 9980. Verify source ↗
## 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 4. Tuberculosis Tests [9971 - 9982] ( Heading of Article 4 amended by Stats. 2004, Ch. 246, Sec. 17. )
A person must not knowingly apply tuberculosis tests unless they are approved tests.
## 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 4. Tuberculosis Tests [9971 - 9982] ( Heading of Article 4 amended by Stats. 2004, Ch. 246, Sec. 17. ) ## 9980. It is unlawful for any person to knowingly apply tuberculosis tests that are not approved tests. (Amended by Stats. 2004, Ch. 246, Sec. 27. Effective August 23, 2004.) - 9981. Verify source ↗
## 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 4. Tuberculosis Tests [9971 - 9982] ( Heading of Article 4 amended by Stats. 2004, Ch. 246, Sec. 17. )
A person must not have a tuberculosis-infected or exposed bovine animal at any livestock fair or show.
## 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 4. Tuberculosis Tests [9971 - 9982] ( Heading of Article 4 amended by Stats. 2004, Ch. 246, Sec. 17. ) ## 9981. It is unlawful for any person to have any tuberculosis infected or exposed bovine animal at any livestock fair or show. (Amended by Stats. 2004, Ch. 246, Sec. 28. Effective August 23, 2004.) - 9982. Verify source ↗
## 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 4. Tuberculosis Tests [9971 - 9982] ( Heading of Article 4 amended by Stats. 2004, Ch. 246, Sec. 17. )
A person may not knowingly sell a bovine animal with tuberculosis after the department has notified them of its condition, unless they first get a written permit from 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 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Tuberculosis Tests [9971 - 9982] ( Heading of Article 4 amended by Stats. 2004, Ch. 246, Sec. 17. ) ## 9982. It is unlawful for any person to knowingly sell, after notification of its condition from the department, any bovine animal that has tuberculosis as shown by a positive reaction to the tuberculosis test, physical examination, or any other method which is recognized by the department, unless the person has first obtained a permit in writing from the department. (Amended by Stats. 2004, Ch. 246, Sec. 29. Effective August 23, 2004.)
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