Food and Agricultural Code — Part 9 | FAC — United States — California law | Esheria

Food and Agricultural Code

Part 9 of 48 · provisions 1,601–1,800

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

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

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Provisions of Food and Agricultural Code

Showing 200 of 9,557

  1. 21746.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Sale and Gift of Cattle, Their Carcasses and Hides [21701 - 21751] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Public Salesyards [21731 - 21751] ( Article 2 enacted by Stats. 1967, Ch. 15. )

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    The director may adopt regulations for brand inspection of cattle at public salesyards, public stockyards, and private cattle auction sales, including a fee schedule.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Sale and Gift of Cattle, Their Carcasses and Hides [21701 - 21751] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Public Salesyards [21731 - 21751] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 21746. The director may make regulations which govern the brand inspection of cattle at public salesyards, public stockyards and at private cattle auction sales. The regulations may provide a schedule of fees to cover the cost of inspection of cattle at such salesyards and stockyards, and private sales. In establishing the fee schedule the director shall take into consideration the brand inspection fees collected. The payment of the fees established by the director shall be the obligation of the operator of the salesyard, stockyard, or private sale and shall not be an added charge to the consignor or seller of the livestock. (Amended by Stats. 1968, Ch. 775.)
  2. 21747.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Sale and Gift of Cattle, Their Carcasses and Hides [21701 - 21751] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Public Salesyards [21731 - 21751] ( Article 2 enacted by Stats. 1967, Ch. 15. )

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    A person must not sell cattle at a public salesyard or release cattle from a public salesyard unless an inspector has already made a brand inspection of the animals.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Sale and Gift of Cattle, Their Carcasses and Hides [21701 - 21751] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Public Salesyards [21731 - 21751] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 21747. It is unlawful for any person to sell cattle at a public salesyard or release cattle from public salesyards unless an inspector has made a brand inspection of animals which are consigned or shipped to such yard. (Amended by Stats. 1969, Ch. 730.)
  3. 21748.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Sale and Gift of Cattle, Their Carcasses and Hides [21701 - 21751] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Public Salesyards [21731 - 21751] ( Article 2 enacted by Stats. 1967, Ch. 15. )

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    A person may not release cattle sold at public auction unless the required brand inspection certificate has already been prepared by the inspector before the cattle leave the auction premises.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Sale and Gift of Cattle, Their Carcasses and Hides [21701 - 21751] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Public Salesyards [21731 - 21751] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 21748. It is unlawful for any person to release any cattle which are sold at public auction unless the required brand inspection certificate has been prepared by the inspector in advance of the release of the cattle from the premises where the auction was conducted. (Amended by Stats. 1973, Ch. 938.)
  4. 21749.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Sale and Gift of Cattle, Their Carcasses and Hides [21701 - 21751] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Public Salesyards [21731 - 21751] ( Article 2 enacted by Stats. 1967, Ch. 15. )

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    A person may not operate as a business selling cattle at a public salesyard without a license, except as otherwise provided in Section 21750.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Sale and Gift of Cattle, Their Carcasses and Hides [21701 - 21751] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Public Salesyards [21731 - 21751] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 21749. Except as otherwise provided in Section 21750, any person that engages as a business in the sale of cattle at a public salesyard without a license is, in addition to all other penalties, liable to a penalty of twenty-five dollars ($25) and an additional penalty of one dollar ($1) per day for every day he has operated a public salesyard without a license. (Enacted by Stats. 1967, Ch. 15.)
  5. 21750.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Sale and Gift of Cattle, Their Carcasses and Hides [21701 - 21751] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Public Salesyards [21731 - 21751] ( Article 2 enacted by Stats. 1967, Ch. 15. )

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    A public cattle salesyard operator with a prior license does not have to pay Section 21749 penalties if the operator keeps operating after the license expires and applies for a new license within 30 days.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Sale and Gift of Cattle, Their Carcasses and Hides [21701 - 21751] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Public Salesyards [21731 - 21751] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 21750. Any public cattle salesyard operator that has had a previous license and continues to operate a public salesyard after the expiration of his license is not required to pay penalties pursuant to Section 21749 if he applies for a new license within 30 days after the expiration of his license. (Enacted by Stats. 1967, Ch. 15.)
  6. 21751.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Sale and Gift of Cattle, Their Carcasses and Hides [21701 - 21751] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Public Salesyards [21731 - 21751] ( Article 2 enacted by Stats. 1967, Ch. 15. )

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    If cattle sold at public auction have a dairy exemption number, the auctioneer must announce that they are being sold under that provision and must go directly to slaughter. Buyers who fail to send them directly to slaughter commit a public offense and can be fined.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Sale and Gift of Cattle, Their Carcasses and Hides [21701 - 21751] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Public Salesyards [21731 - 21751] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 21751. (a) If cattle sold at a public auction have a dairy exemption number, the auctioneer shall announce at the sale that those cattle are being sold under the dairy exemption number provision and must go directly to slaughter. (b) Any person who buys cattle under a dairy exemption number at a public auction and fails to send those cattle directly to slaughter is guilty of a public offense punishable by a fine not exceeding one hundred dollars ($100) per incident for the first violation, not exceeding two hundred fifty dollars ($250) per incident for a second violation, and not exceeding five hundred dollars ($500) per incident for a third or subsequent violation. These penalties shall take effect on July 1, 2007. Prior to that date, the department shall notify salesyard managers and dairy producers at salesyards that it is a violation of law to neglect to send cattle covered by this section directly to slaughter, and issue oral or written warnings for noncompliance. (Added by Stats. 2006, Ch. 584, Sec. 1.4. Effective January 1, 2007.)
  7. 2181.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Removal [2181 - 2187] ( Article 4 enacted by Stats. 1967, Ch. 15. )

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    If satisfactory evidence shows a county commissioner may have committed neglect of duty, incompetence, or misconduct in office, a selected trial board must hold a hearing.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Removal [2181 - 2187] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 2181. Upon satisfactory evidence presented to the Secretary or the Director of the Department of Pesticide Regulation that the commissioner of any county is guilty of neglect of duty, incompetence, or misconduct in office, the trial board that is selected, pursuant to this article, shall hold a hearing at the time and place specified by the trial board. The secretary shall convene the trial board when the alleged offenses come under the jurisdiction of the Department of Food and Agriculture, and the director shall convene the trial board when the alleged offenses come under the jurisdiction of the Department of Pesticide Regulation. (Amended by Stats. 2000, Ch. 806, Sec. 1. Effective January 1, 2001.)
  8. 2182.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Removal [2181 - 2187] ( Article 4 enacted by Stats. 1967, Ch. 15. )

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    The county agricultural commissioner’s trial board must include specified members, including the Secretary, the Director of the Department of Pesticide Regulation, an agriculture-qualified person selected by the county board of supervisors, and a hearing officer who serves as chairman and a voting member.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Removal [2181 - 2187] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 2182. The county agricultural commissioner’s trial board shall be composed of the Secretary and the Director of the Department of Pesticide Regulation, a person who has knowledge of, or experience in, agriculture, selected by the board of supervisors of the county of the charged commissioner, and a hearing officer from the Office of Administrative Hearings, who shall be chairman and a voting member of such board. The department that convenes the trial board is responsible, under Section 11370.4 of the Government Code, for the cost of the services provided for by the Office of Administrative Hearings in carrying out the provisions of this section. (Amended by Stats. 2000, Ch. 806, Sec. 2. Effective January 1, 2001.)
  9. 2183.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Removal [2181 - 2187] ( Article 4 enacted by Stats. 1967, Ch. 15. )

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    The director must give the commissioner written notice at least 10 days before the hearing, including the hearing time and place and enough detail about the charges to allow a defense.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Removal [2181 - 2187] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 2183. At least 10 days prior to the date of the hearing the director shall give notice in writing to the commissioner of the time and place of the hearing and such information as to the nature of the charges as will enable the commissioner to present a defense to the charges. (Enacted by Stats. 1967, Ch. 15.)
  10. 2184.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Removal [2181 - 2187] ( Article 4 enacted by Stats. 1967, Ch. 15. )

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    At the hearing, the trial board must hear the evidence that is offered.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Removal [2181 - 2187] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 2184. At the hearing the trial board shall hear the evidence which is offered. (Enacted by Stats. 1967, Ch. 15.)
  11. 2185.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Removal [2181 - 2187] ( Article 4 enacted by Stats. 1967, Ch. 15. )

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    The trial board must issue an order dismissing the charges or disqualifying the commissioner within 30 days after the hearing ends.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Removal [2181 - 2187] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 2185. The trial board shall, within 30 days subsequent to the conclusion of the hearing make an order dismissing the charges or an order disqualifying the commissioner. (Enacted by Stats. 1967, Ch. 15.)
  12. 21851.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Injury to, or Theft of, Cattle [21851 - 21886] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Driving Cattle From Their Range [21851 - 21856] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    This article defines “range” as lands outside cities, towns, and villages where cattle are kept or allowed to roam and feed.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Injury to, or Theft of, Cattle [21851 - 21886] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Driving Cattle From Their Range [21851 - 21856] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 21851. As used in this article, “range” means the enclosed or unenclosed lands outside of cities, towns, and villages in this state, whether of the public domain or in private ownership, upon which by custom, license, or otherwise, cattle are kept or permitted to roam and feed. (Enacted by Stats. 1967, Ch. 15.)
  13. 21852.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Injury to, or Theft of, Cattle [21851 - 21886] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Driving Cattle From Their Range [21851 - 21856] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    A person who is not the owner or entitled to possess cattle commits grand theft if they drive the cattle off their usual range without the owner’s consent.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Injury to, or Theft of, Cattle [21851 - 21886] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Driving Cattle From Their Range [21851 - 21856] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 21852. Any person that is not the owner or does not have the right of possession of any cattle, that is found driving such cattle off its usual range, without the consent of the owner, is guilty of grand theft. (Enacted by Stats. 1967, Ch. 15.)
  14. 21855.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Injury to, or Theft of, Cattle [21851 - 21886] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Driving Cattle From Their Range [21851 - 21856] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    This section sets a damages rule for certain wrongful acts involving cattle and creates a limited exception for secured parties who meet specified inspection conditions before moving the cattle.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Injury to, or Theft of, Cattle [21851 - 21886] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Driving Cattle From Their Range [21851 - 21856] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 21855. Notwithstanding any other law, in any action for the wrongful taking, possessing, harboring, or transporting of cattle, for the driving of cattle off their usual range, or for the killing or slaughter of cattle without the consent of the owner or the person lawfully in possession of such cattle, the detriment caused thereby to the plaintiff shall be four times the value of the cattle at the time of the taking, possessing, harboring, transporting, or driving, or killing or slaughtering thereof, with interest from that time, plus an amount in fair compensation for the time and money properly expended by the plaintiff in pursuit of the cattle. This section shall not apply to a secured party, as defined in paragraph (73) of subdivision (a) of Section 9102 of the Commercial Code, when taking possession of cattle pursuant to a security agreement if one of the following conditions has been met prior to movement of any such cattle: (a) The secured party has requested and received a brand inspection of the cattle covered by the security agreement pursuant to Sections 21051.5 and 21171 of this code. (b) The secured party has requested the inspection required by subdivision (a) and due to an insufficient amount of time to inspect the cattle prior to their movement, the brand inspector agrees to allow movement of the cattle, with inspection of the cattle to be made at their first destination prior to their commingling with any other cattle. The inspection performed pursuant to subdivision (a) or (b) shall be conducted for the sole purpose of assuring that the cattle that are moved are the same cattle subject to the security agreement. In a proper case, which shall include the killing or slaughter of cattle, exemplary damages may be awarded to the plaintiff as provided in Section 3340 of the Civil Code. The commencement of any criminal prosecution for grand theft of cattle shall not preclude or prevent the commencement of any civil action for damages, as specified in this section. (Amended by Stats. 2013, Ch. 531, Sec. 25. (AB 502) Effective January 1, 2014. Operative July 1, 2014, pursuant to Sec. 28 of Ch. 531.)
  15. 21856.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Injury to, or Theft of, Cattle [21851 - 21886] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Driving Cattle From Their Range [21851 - 21856] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    A judge may order forfeiture of equipment used in certain cattle-offense cases after conviction, and the department must dispose of forfeited property.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Injury to, or Theft of, Cattle [21851 - 21886] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Driving Cattle From Their Range [21851 - 21856] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 21856. (a) The judge before whom any person is tried for the wrongful taking, possessing, killing, or slaughter of cattle without the consent of the owner or the person lawfully in possession of those cattle may, upon the conviction of the person tried, order the forfeiture of any device or apparatus that is designed to be, or is capable of being, used to commit the offense charged, and which was used in committing the offense charged. “Device or apparatus” includes, but is not limited to, any vehicle that is used or intended for use in taking, possessing, harboring, or transporting the cattle. (b) Any device or apparatus ordered forfeited shall be sold, used, or destroyed by the department. (c) The provisions in this section authorizing a judge to order the forfeiture of a device or apparatus are also applicable to the judge, referee, or juvenile hearing officer in a juvenile court action brought under Section 258 of the Welfare and Institutions Code. (d) For purposes of this section, a plea of nolo contendere or no contest, or forfeiture of bail, constitutes a conviction. (e) Neither the disposition of the criminal action other than by conviction nor the discretionary refusal of the judge to order forfeiture upon conviction impairs the right of the department to commence proceedings to order the forfeiture of property pursuant to any other provision of law. (Amended by Stats. 2003, Ch. 149, Sec. 14. Effective January 1, 2004.)
  16. 2186.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Removal [2181 - 2187] ( Article 4 enacted by Stats. 1967, Ch. 15. )

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    If an order disqualifies the commissioner, the director must revoke the commissioner’s license, declare the office vacant, and immediately send a copy of the order to the county board of supervisors and auditor.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Removal [2181 - 2187] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 2186. If the order disqualifies the commissioner, the director shall revoke the commissioner’s license and declare his or her office vacant. A copy of the order shall be immediately transmitted by the director to the board of supervisors and the auditor of the county in which the commissioner held office. (Amended by Stats. 1987, Ch. 734, Sec. 15. Effective September 18, 1987.)
  17. 2187.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Removal [2181 - 2187] ( Article 4 enacted by Stats. 1967, Ch. 15. )

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    A deputy commissioner’s license may be revoked, using the same procedure and the same grounds as a commissioner’s license.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Removal [2181 - 2187] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 2187. The license of a deputy commissioner may be revoked in the same manner and for the same causes that a license of a commissioner may be revoked. (Amended by Stats. 1987, Ch. 734, Sec. 16. Effective September 18, 1987.)
  18. 21881.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Injury to, or Theft of, Cattle [21851 - 21886] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Livestock Killed or Injured on Railroads [21881 - 21886] ( Article 2 enacted by Stats. 1967, Ch. 15. )

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    If a railroad kills or injures an animal on its right-of-way, the owner or operator of the railroad equipment must report it as soon as possible and no later than 96 hours after the collision.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Injury to, or Theft of, Cattle [21851 - 21886] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Livestock Killed or Injured on Railroads [21881 - 21886] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 21881. If any animal is killed or injured upon the right-of-way of any railroad in this state, the owner or operator of the railroad equipment injuring or killing the animal shall report it as soon as possible, but in no event later than 96 hours after the collision. (Enacted by Stats. 1967, Ch. 15.)
  19. 21882.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Injury to, or Theft of, Cattle [21851 - 21886] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Livestock Killed or Injured on Railroads [21881 - 21886] ( Article 2 enacted by Stats. 1967, Ch. 15. )

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    A report must include a description of the animal, any brands or marks and their position, the animal’s location, and the collision point location details.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Injury to, or Theft of, Cattle [21851 - 21886] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Livestock Killed or Injured on Railroads [21881 - 21886] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 21882. The report shall contain all of the following: (a) A description of the animal. (b) The brands and marks and the position of the brands and marks, if any, upon the animal. (c) The location of the animal. (d) The location of the point of collision, listing the county, the nearest post office, and milepost. (Enacted by Stats. 1967, Ch. 15.)
  20. 21883.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Injury to, or Theft of, Cattle [21851 - 21886] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Livestock Killed or Injured on Railroads [21881 - 21886] ( Article 2 enacted by Stats. 1967, Ch. 15. )

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    A railroad employee must report by telephone, telegraph, or mail to the animal’s owner if known; if the owner is unknown, the report must go to the nearest sheriff or brand inspector office.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Injury to, or Theft of, Cattle [21851 - 21886] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Livestock Killed or Injured on Railroads [21881 - 21886] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 21883. The report shall be given by telephone, telegraph, or mail to the owner of the animal if known. If the owner of the animal is unknown, the report shall be given to the office of the sheriff or brand inspector whose office or established headquarters is, to the knowledge of the railroad employee who makes the report, the nearest to the place of the collision. (Amended by Stats. 1996, Ch. 872, Sec. 30. Effective January 1, 1997.)
  21. 21884.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Injury to, or Theft of, Cattle [21851 - 21886] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Livestock Killed or Injured on Railroads [21881 - 21886] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Telephone reports must be confirmed within 24 hours by telegraph or mail to the sheriff’s office, and a copy must be sent to the bureau.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Injury to, or Theft of, Cattle [21851 - 21886] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Livestock Killed or Injured on Railroads [21881 - 21886] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 21884. Reports by telephone shall be confirmed within 24 hours by telegraph or mail to the office of the sheriff. A copy shall be sent to the bureau. (Enacted by Stats. 1967, Ch. 15.)
  22. 21885.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Injury to, or Theft of, Cattle [21851 - 21886] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Livestock Killed or Injured on Railroads [21881 - 21886] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    When a report is received, the officer or brand inspector must try to identify the owner of the dead or injured animal and notify the owner about the death or injury.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Injury to, or Theft of, Cattle [21851 - 21886] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Livestock Killed or Injured on Railroads [21881 - 21886] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 21885. Upon receiving the report the officer or brand inspector shall attempt to ascertain the ownership of the dead or injured animal and notify the owner of the death or injury of the animal. (Enacted by Stats. 1967, Ch. 15.)
  23. 21886.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Injury to, or Theft of, Cattle [21851 - 21886] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Livestock Killed or Injured on Railroads [21881 - 21886] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person must not bury, conceal, destroy, or otherwise alter an animal’s carcass in a way that makes ownership harder to determine until notice and identification steps are completed.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Injury to, or Theft of, Cattle [21851 - 21886] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Livestock Killed or Injured on Railroads [21881 - 21886] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 21886. It is unlawful for any person to bury, conceal, or destroy any animal, or do anything to the carcass of any animal, which will tend to make ascertainment of its ownership more difficult until the owner has been notified or the officer or brand inspector has identified the brands and marks, if any, and their position upon the animal. (Enacted by Stats. 1967, Ch. 15.)
  24. 22.

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

    Verify source ↗

    Tree production is treated as part of the state’s agricultural industry for laws that benefit or protect agriculture.

    ## Food and Agricultural Code - FAC ## GENERAL PROVISIONS AND DEFINITIONS ( General Provisions enacted by Stats. 1967, Ch. 15. ) ## 22. Inasmuch as the planned production of trees is distinguishable from the production of other products of the soil only in relation to the time elapsing before maturity, the production of trees shall be considered a branch of the agricultural industry of the state for the purposes of any law which provides for the benefit or protection of the agricultural industry of the state. (Enacted by Stats. 1967, Ch. 15.)
  25. 22001.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Slaughter of Cattle [22001 - 22086] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Generally [22001 - 22010] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person must not slaughter any bovine animal, or ask or hire an unlicensed person to do so, unless another rule in this chapter allows it.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Slaughter of Cattle [22001 - 22086] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Generally [22001 - 22010] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 22001. Except as otherwise provided in this chapter, a person shall not slaughter, or request or hire any person that is not a licensed slaughterer to slaughter, any bovine animal. (Amended by Stats. 1986, Ch. 828, Sec. 3.)
  26. 22001.5.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Slaughter of Cattle [22001 - 22086] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Generally [22001 - 22010] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Mobile slaughter operators who slaughter cattle on the owner’s premises are not licensed slaughterers, but they must register with the bureau as unlicensed mobile slaughterers on and after January 15, 1998.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Slaughter of Cattle [22001 - 22086] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Generally [22001 - 22010] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 22001.5. The Legislature finds and declares that mobile slaughter operators who perform the service of slaughtering cattle for the owner of the cattle on the owner’s premises are not licensed slaughterers pursuant to this chapter. However, on and after January 15, 1998, a mobile slaughter operator shall be registered with the bureau as an unlicensed mobile slaughterer pursuant to Section 22037 and is subject to Section 22008. (Amended by Stats. 1997, Ch. 651, Sec. 1.6. Effective January 1, 1998.)
  27. 22002.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Slaughter of Cattle [22001 - 22086] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Generally [22001 - 22010] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A cattle producer may slaughter, or have slaughtered, cattle from their own production on their own premises in small numbers, but only for exclusive use by the producer, household members, nonpaying guests, and employees.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Slaughter of Cattle [22001 - 22086] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Generally [22001 - 22010] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 22002. Any producer of cattle may slaughter or have slaughtered for him on his own premises, in small numbers, cattle of his own production and raising on his own premises for use exclusively by him, members of his household and his nonpaying guests and employees. (Amended by Stats. 1970, Ch. 1385.)
  28. 22003.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Slaughter of Cattle [22001 - 22086] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Generally [22001 - 22010] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Cattle slaughtered by or for the producer at the producer’s premises for the producer’s own consumption may be transported with the hide on to a licensed frozen food locker plant for skinning, splitting, and quartering.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Slaughter of Cattle [22001 - 22086] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Generally [22001 - 22010] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 22003. Cattle which are slaughtered by or for the producer of the cattle at his premises and for his own consumption may be transported with the hide on, after complete removal of the viscera, head, and feet, to any licensed frozen food locker plant to be skinned, split, and quartered by the operator of the plant. (Added by Stats. 1973, Ch. 938.)
  29. 22004.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Slaughter of Cattle [22001 - 22086] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Generally [22001 - 22010] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Carcasses and hides must be identified and may be inspected or released by the brand inspector before a licensed frozen food locker plant or processor receives them.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Slaughter of Cattle [22001 - 22086] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Generally [22001 - 22010] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 22004. Carcasses and hides received by the licensed frozen food locker plant or processor shall be identified in a manner prescribed by regulation and inspected, or released, by the brand inspector. It shall be the responsibility of the person who slaughtered the animal to identify each carcass and hide. Operators of licensed frozen food locker plants or processors shall only receive a carcass when the hide and carcass have been properly identified in accordance with this provision. The director shall adopt the regulations reasonably necessary for implementing this section. (Repealed and added by Stats. 1973, Ch. 938.)
  30. 22004.1.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Slaughter of Cattle [22001 - 22086] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Generally [22001 - 22010] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person who slaughters an animal and delivers the carcass to a licensed frozen food locker plant or processor must get a brand inspection of the hide before moving it past the first point of sale.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Slaughter of Cattle [22001 - 22086] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Generally [22001 - 22010] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 22004.1. It is the responsibility of the person who slaughters an animal and delivers the carcass to a licensed frozen food locker plant or processor pursuant to Section 22003 or 22004 to obtain a brand inspection of the hide prior to moving it beyond the first point of sale. (Added by Stats. 1973, Ch. 938.)
  31. 22005.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Slaughter of Cattle [22001 - 22086] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Generally [22001 - 22010] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗
    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Slaughter of Cattle [22001 - 22086] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Generally [22001 - 22010] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 22005. The skinning, splitting, and quartering of the cattle slaughtered pursuant to Section 22002 at a licensed frozen food locker plant are not required to be performed by a licensed slaughterer. (Amended by Stats. 1986, Ch. 828, Sec. 5.)
  32. 22006.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Slaughter of Cattle [22001 - 22086] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Generally [22001 - 22010] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A licensed frozen food locker plant operator must keep records of every transaction involving uninspected meat for five years.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Slaughter of Cattle [22001 - 22086] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Generally [22001 - 22010] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 22006. The licensed frozen food locker plant operator shall maintain a record of every transaction which involves uninspected meat for a period of five years. The record shall show the name of the producer of the cattle and the number of carcasses which were delivered by the producer. (Enacted by Stats. 1967, Ch. 15.)
  33. 22007.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Slaughter of Cattle [22001 - 22086] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Generally [22001 - 22010] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An owner or producer of livestock may have the livestock inspected and slaughtered by a licensed slaughterer, and may then sell the meat.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Slaughter of Cattle [22001 - 22086] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Generally [22001 - 22010] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 22007. Any owner or producer of livestock may have them inspected and slaughtered by a licensed slaughterer. The owner or producer may, thereafter, sell the meat from those livestock. (Amended by Stats. 1986, Ch. 828, Sec. 6.)
  34. 22008.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Slaughter of Cattle [22001 - 22086] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Generally [22001 - 22010] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Certain non-licensed cattle slaughterers must keep a detailed record book, show it to inspectors or peace officers on demand, and notify a brand inspector within 24 hours in a specified situation.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Slaughter of Cattle [22001 - 22086] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Generally [22001 - 22010] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 22008. Every person that is not a licensed slaughterer that slaughters cattle shall do all of the following: (a) Keep a record in a book which he or she keeps for that purpose of all cattle that are slaughtered by him or her. The record shall include the name, address, and telephone number of the person for whom the cattle are slaughtered, a full description of the cattle, including the brands and marks, the date of slaughter, and the name and location of the food locker to which the slaughtered animal is, or the slaughtered animals are, delivered for butchering. (b) Exhibit the record book on demand of any inspector or peace officer. (c) Notify a brand inspector within 24 hours if he slaughters a bovine animal and does not deliver the carcass and hide to a frozen food locker plant licensed pursuant to Chapter 7 (commencing with Section 112500) of Part 6 of Division 104 of the Health and Safety Code. (Amended by Stats. 1997, Ch. 651, Sec. 2. Effective January 1, 1998.)
  35. 22009.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Slaughter of Cattle [22001 - 22086] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Generally [22001 - 22010] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person asked to custom cut or process certain bovine meat must notify a brand inspector before working on it if the meat was not slaughtered by a licensed slaughterer or was not slaughtered under the listed sections.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Slaughter of Cattle [22001 - 22086] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Generally [22001 - 22010] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 22009. Any person who is requested to custom cut or otherwise process for another person any meat from a bovine animal that was not slaughtered by a licensed slaughterer pursuant to Article 2 (commencing with Section 22031) of this chapter, or which was not slaughtered in accordance with either Section 22004 or 22008, shall, before cutting or processing the meat, notify a brand inspector that such meat has been received. (Added by Stats. 1973, Ch. 938.)
  36. 2201.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Compensation [2201 - 2206] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Certain county agricultural staff are paid from the county treasury, and the board of supervisors must allow and pay related claims; commissioners and some deputies or inspectors are entitled to necessary travel and incidental expenses.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Compensation [2201 - 2206] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 2201. The compensation provided for a commissioner, deputy commissioner, county agricultural inspector, or clerk who is employed by the year or by the month shall be paid out of the county treasury in the same manner and at the same time as county officers are paid. A commissioner and each deputy commissioner or inspector is entitled to receive his traveling and incidental expenses which are necessarily incurred in the performance of his duty. Such expenses and all compensation which is earned by a commissioner, deputy commissioner, inspector, or clerk who is not employed by the year or by the month are a county charge. The board of supervisors shall allow and pay them in the same manner as other claims are allowed and paid. (Amended by Stats. 1967, Ch. 26.)
  37. 22010.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Slaughter of Cattle [22001 - 22086] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Generally [22001 - 22010] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Anyone who receives meat under Section 22009 must keep a record of specified delivery details, keep the records for one year, and show them to an inspector or peace officer on demand.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Slaughter of Cattle [22001 - 22086] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Generally [22001 - 22010] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 22010. Any person receiving meat pursuant to Section 22009 shall keep a record in a book which he keeps for that purpose that discloses the following information on all such meat received: (a) The name, address, and telephone number of the person delivering the meat. (b) The license number of the vehicle used in delivering the meat. (c) The date the meat was received. Such person shall keep these records for one year and shall exhibit the records upon demand of any inspector or peace officer. (Added by Stats. 1973, Ch. 938.)
  38. 2203.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Compensation [2201 - 2206] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The commissioner is entitled to be paid compensation and travel/incidental expenses for certain meetings and authorized out-of-county service.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Compensation [2201 - 2206] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 2203. The commissioner shall be paid his or her compensation and traveling and incidental expenses while he or she is attending the annual meeting of the California Agricultural Commissioners and Sealers Association or its successor and any other meetings he or she is required by the secretary to attend, or while he or she is on any service that requires him or her to go outside the county if the performance of that service has been authorized by the board of supervisors, the secretary or director, or this code. (Amended by Stats. 2004, Ch. 460, Sec. 2. Effective January 1, 2005.)
  39. 22031.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Slaughter of Cattle [22001 - 22086] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Licensed Slaughterers [22031 - 22049] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person may not slaughter cattle as a business unless they have a USDA Food Safety and Inspection Service grant of inspection; rendering plants are exempt.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Slaughter of Cattle [22001 - 22086] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Licensed Slaughterers [22031 - 22049] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 22031. A person shall not engage in the business of slaughtering cattle unless the person has been issued a grant of inspection by the United States Department of Agriculture Food Safety and Inspection Service, except that this requirement does not apply to rendering plants. (Amended by Stats. 1986, Ch. 828, Sec. 7.)
  40. 22037.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Slaughter of Cattle [22001 - 22086] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Licensed Slaughterers [22031 - 22049] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A mobile slaughter operator must file a registration with the bureau before slaughtering cattle, and the registration must include owner information and any other information the secretary requires.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Slaughter of Cattle [22001 - 22086] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Licensed Slaughterers [22031 - 22049] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 22037. (a) A mobile slaughter operator, as provided in Section 22001.5, shall file a registration with the bureau that shows the names and addresses of the owners of the unlicensed mobile slaughterer and any other information the secretary may require. (b) The registration shall be filed with the bureau before a mobile slaughter operator may slaughter cattle pursuant to Section 22001.5. (c) After notice and hearing, the secretary may cancel the registration of any unlicensed mobile slaughterer for failing to comply with Section 22001.5 or 22008. (Added by Stats. 1997, Ch. 651, Sec. 3. Effective January 1, 1998.)
  41. 2204.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Compensation [2201 - 2206] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A commissioner appointed by the director must be paid in the same manner as if appointed by the board of supervisors.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Compensation [2201 - 2206] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 2204. The compensation of a commissioner who is appointed by the director shall be paid in the same manner as if he were appointed by the board of supervisors. (Enacted by Stats. 1967, Ch. 15.)
  42. 22044.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Slaughter of Cattle [22001 - 22086] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Licensed Slaughterers [22031 - 22049] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Licensed slaughterers of cattle must keep specified purchase, consignment, or inspection records on file before slaughter and retain them for one year after slaughter.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Slaughter of Cattle [22001 - 22086] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Licensed Slaughterers [22031 - 22049] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 22044. Every licensed slaughterer of cattle shall have on file in his office prior to slaughter and shall keep for one year after slaughter, the original bill of sale of cattle which are purchased by him or a consignment slip on cattle which are consigned to him or the certificate of inspection of all cattle which are slaughtered by him. (Enacted by Stats. 1967, Ch. 15.)
  43. 22045.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Slaughter of Cattle [22001 - 22086] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Licensed Slaughterers [22031 - 22049] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Licensed slaughterers must keep a record for cattle slaughtered when pre-slaughter inspection is impossible or impractical, and the record must be open to inspection by department agents or peace officers.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Slaughter of Cattle [22001 - 22086] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Licensed Slaughterers [22031 - 22049] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 22045. Every licensed slaughterer that slaughters cattle where inspection prior to slaughter is impossible or impractical shall keep a record which sets forth the name of the person from whom the cattle were purchased and identifies them as to color, age, weight, sex, and brand, if any. The record shall be open to inspection by any agent of the department or peace officer. (Enacted by Stats. 1967, Ch. 15.)
  44. 22046.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Slaughter of Cattle [22001 - 22086] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Licensed Slaughterers [22031 - 22049] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Some licensed slaughterers must mail a written monthly report to the bureau by the 15th day of each month.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Slaughter of Cattle [22001 - 22086] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Licensed Slaughterers [22031 - 22049] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 22046. Every licensed slaughterer that does not have brand inspection prior to slaughter on each day on which he slaughters, and whose hides are not inspected during the month, shall on or before the 15th day of each month mail to the bureau a written report which shows in separate columns all of the following: (a) The number of calves, cows, steers, stags, and bulls which were slaughtered during the preceding calendar month. (b) The number which he slaughtered on each date. (c) From whom the animals were purchased. (d) The date of purchase. (e) The brands on branded cattle and the sex and breed of unbranded cattle. (Enacted by Stats. 1967, Ch. 15.)
  45. 22047.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Slaughter of Cattle [22001 - 22086] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Licensed Slaughterers [22031 - 22049] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A licensed slaughterer must not let unlicensed people slaughter cattle at the licensee’s plant, except for someone licensed to slaughter there or that person’s employee.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Slaughter of Cattle [22001 - 22086] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Licensed Slaughterers [22031 - 22049] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 22047. It is unlawful for a licensed slaughterer to allow anyone to slaughter cattle at the licensee’s plant, except a person that is licensed to slaughter there or an employee of such person. (Enacted by Stats. 1967, Ch. 15.)
  46. 22048.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Slaughter of Cattle [22001 - 22086] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Licensed Slaughterers [22031 - 22049] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A licensed slaughterer who wants to move to another location must notify the bureau of the relocation.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Slaughter of Cattle [22001 - 22086] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Licensed Slaughterers [22031 - 22049] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 22048. If a licensed slaughterer desires to change to another location, the person shall notify the bureau of the relocation. (Amended by Stats. 1986, Ch. 828, Sec. 20.)
  47. 22049.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Slaughter of Cattle [22001 - 22086] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Licensed Slaughterers [22031 - 22049] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A licensed slaughterer must not slaughter cattle anywhere except at a slaughterhouse where that person is licensed to slaughter.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Slaughter of Cattle [22001 - 22086] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Licensed Slaughterers [22031 - 22049] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 22049. It is unlawful for a licensed slaughterer to slaughter cattle at any place other than a slaughterhouse at which he is licensed to slaughter. (Enacted by Stats. 1967, Ch. 15.)
  48. 2205.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Compensation [2201 - 2206] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The employing county’s board of supervisors must set a commissioner’s compensation payment rate and method, and the commissioner may receive necessary traveling and incidental expenses.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Compensation [2201 - 2206] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 2205. The rate and manner of payment of compensation for a commissioner who is employed pursuant to Section 2124 shall be fixed by the board of supervisors of the employing county. He is entitled to receive his traveling and incidental expenses which are necessarily incurred in the performance of his duty. (Enacted by Stats. 1967, Ch. 15.)
  49. 2206.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Compensation [2201 - 2206] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A county board of supervisors must reimburse the department for the director’s qualifying expenses when a duly submitted claim is made, but only up to the amount set by agreement.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Compensation [2201 - 2206] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 2206. The board of supervisors of any county in which the director is required by Section 2125 to perform the duties of commissioner shall, upon claim which is duly submitted, reimburse the department for all expenses which are incurred by the director in fulfilling his responsibilities in performing such duties. The amount of reimbursement shall not, however, be in excess of an amount which is established by an agreement between the board of supervisors and the director pursuant to Section 482 of this code or Section 25801 of the Government Code. (Enacted by Stats. 1967, Ch. 15. Note: See this section as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.)
  50. 22081.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Slaughter of Cattle [22001 - 22086] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Purchase and Sale of Meat [22081 - 22086] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A meat wholesaler may not buy meat except from a licensed slaughterer, another wholesaler with an established place of business, or an owner or producer of livestock slaughtered under Section 22007.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Slaughter of Cattle [22001 - 22086] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Purchase and Sale of Meat [22081 - 22086] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 22081. A wholesaler of meat shall not purchase the meat of any animal except from any of the following: (a) A licensed slaughterer. (b) Another wholesaler having an established place of business. (c) An owner or producer of livestock which are slaughtered pursuant to Section 22007. (Enacted by Stats. 1967, Ch. 15.)
  51. 22082.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Slaughter of Cattle [22001 - 22086] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Purchase and Sale of Meat [22081 - 22086] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A peddler or retailer of meat must not buy meat from someone unless that person is known to be a licensed slaughterer or a regular wholesale dealer with an established place of business. An exception allows purchase from the animal’s owner or producer if the meat was inspected and slaughtered under Section 22007.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Slaughter of Cattle [22001 - 22086] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Purchase and Sale of Meat [22081 - 22086] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 22082. A peddler or retailer of meat shall not purchase the meat of an animal from any person not known to him to be a licensed slaughterer, or a regular wholesale dealer in meat that has an established place of business, except that he may purchase from the owner or producer of an animal the meat of the animal if it was inspected and slaughtered pursuant to Section 22007. (Enacted by Stats. 1967, Ch. 15.)
  52. 22083.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Slaughter of Cattle [22001 - 22086] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Purchase and Sale of Meat [22081 - 22086] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Meat peddlers or retailers who buy meat of any animal must keep a record book and enter specified purchase and delivery details, and show the book when demanded by a department agent or peace officer.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Slaughter of Cattle [22001 - 22086] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Purchase and Sale of Meat [22081 - 22086] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 22083. Every peddler or retailer of meat that purchases the meat of any animal shall enter all of the following in a book which he keeps for that purpose and exhibit it on demand to any agent of the department or any peace officer: (a) The name and address of the person from whom the meat was purchased or obtained. (b) The date of purchase and the price which was paid. (c) An itemized description of the weight and quantity which was purchased. (d) The time and place of the delivery of the meat. (Enacted by Stats. 1967, Ch. 15.)
  53. 22084.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Slaughter of Cattle [22001 - 22086] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Purchase and Sale of Meat [22081 - 22086] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person who is not a regular meat wholesaler with an established place of business, or a licensed slaughterer, must not give, sell, or deliver any part of an animal carcass to a meat peddler.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Slaughter of Cattle [22001 - 22086] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Purchase and Sale of Meat [22081 - 22086] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 22084. A person, other than a regular wholesaler of meat that has an established place of business or a licensed slaughterer, shall not give, sell, or deliver to any peddler of meat any part of the carcass of an animal. This section does not apply to the meat of an animal inspected and slaughtered pursuant to Section 22007. (Enacted by Stats. 1967, Ch. 15.)
  54. 22086.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Slaughter of Cattle [22001 - 22086] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Purchase and Sale of Meat [22081 - 22086] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person must not misrepresent the type, kind, or quality of a dressed carcass, or the sex, age, or quality of an animal whose meat is sold.

    ## Food and Agricultural Code - FAC ## DIVISION 10. CATTLE PROTECTION [20001 - 22086] ( Division 10 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Slaughter of Cattle [22001 - 22086] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Purchase and Sale of Meat [22081 - 22086] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 22086. It is unlawful for any person to misrepresent the type, kind, or quality of a dressed carcass of any animal or part of such carcass, or the sex, age, or quality of any animal the meat of which is sold. (Enacted by Stats. 1967, Ch. 15.)
  55. 221.

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Department of Food and Agriculture Fund [221 - 227] ( Heading of Article 2 amended by Stats. 1982, Ch. 454, Sec. 24. )

    Verify source ↗

    This section keeps the Department of Food and Agriculture Fund in existence, requires money directed to the fund to be paid into it, limits spending to credited amounts unless otherwise provided, allows continuous appropriation for certain deposited money, and exempts that money from specified Government Code sections.

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Department of Food and Agriculture Fund [221 - 227] ( Heading of Article 2 amended by Stats. 1982, Ch. 454, Sec. 24. ) ## 221. (a) The “Department of Food and Agriculture Fund,” which is a special fund, is continued in existence. Any moneys that are directed by law to be paid into the fund shall be paid into it and, unless otherwise specifically provided, shall be expended solely for the enforcement of the law under which the moneys were derived. The expenditure from the fund for the enforcement of any law shall not, unless otherwise specifically provided, exceed the amount of moneys that is credited to the fund pursuant to the law. (b) Notwithstanding Section 13340 of the Government Code, all moneys deposited into the fund under the provisions enumerated in subdivision (c) are hereby continuously appropriated to the department without regard to fiscal years for expenditure in carrying out the purposes for which the moneys were deposited and for making the refunds authorized by Section 302. (c) All moneys deposited into the fund under the provisions enumerated below are hereby exempted from Sections 13320 to 13324, inclusive, of the Government Code: (1) Article 7 (commencing with Section 5821) and Article 7.5 (commencing with Section 5850) of Chapter 8 of Part 1 of Division 4, Chapter 1 (commencing with Section 6701) of Part 3 of Division 4, and Chapter 5 (commencing with Section 53301) of Division 18. (2) Article 5 (commencing with Section 6001) of Chapter 9 of Part 1 of Division 4. (3) Article 8.5 (commencing with Section 6047.1) of Chapter 9 of Part 1 of Division 4. (4) Article 5 (commencing with Section 6981) of Chapter 2 of Part 3 of Division 4. (5) Chapter 1.5 (commencing with Section 7401) of Part 4 of Division 4. (6) Chapter 4 (commencing with Section 14200), Chapter 5 (commencing with Section 14501), and Chapter 6 (commencing with Section 14901) of Division 7. (7) Part 1 (commencing with Section 16301) and Part 2 (commencing with Section 17401) of Division 9. (8) Sections 19225, 19227, 19312, and 19315. (9) Division 10 (commencing with Section 20001). (10) Division 11 (commencing with Section 23001). (11) Part 4 (commencing with Section 27501) of Division 12. (12) Division 16 (commencing with Section 40501). (13) Chapter 9 (commencing with Section 44971) of Division 17. (14) Chapter 1 (commencing with Section 52001) of Division 18. (15) Chapter 2 (commencing with Section 52251) of Division 18. (16) Chapter 3 (commencing with Section 52651) of Division 18. (17) Chapter 4 (commencing with Section 52851) of Division 18. (18) Chapter 6 (commencing with Section 55401), Chapter 7 (commencing with Section 56101), and Chapter 7.2 (commencing with Section 56701) of Division 20. (19) Section 58582. (20) Chapter 1 (commencing with Section 61301), Chapter 2 (commencing with Section 61801), and Chapter 3 (commencing with Section 62700) of Part 3 of Division 21. (21) Division 24 (commencing with Section 81000). (22) Chapter 5.5 (commencing with Section 12531) of Division 5 of the Business and Professions Code. (23) Chapter 7 (commencing with Section 12700) of Division 5 of the Business and Professions Code. (24) Chapter 14 (commencing with Section 13400) and Chapter 15 (commencing with Section 13700) of Division 5 of the Business and Professions Code. (Amended by Stats. 2024, Ch. 603, Sec. 1. (SB 1270) Effective January 1, 2025.)
  56. 221.1.

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Department of Food and Agriculture Fund [221 - 227] ( Heading of Article 2 amended by Stats. 1982, Ch. 454, Sec. 24. )

    Verify source ↗

    The department must establish all permanent positions with the Controller’s office.

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Department of Food and Agriculture Fund [221 - 227] ( Heading of Article 2 amended by Stats. 1982, Ch. 454, Sec. 24. ) ## 221.1. Notwithstanding Section 221, the department shall establish all permanent positions with the Controller’s office, pursuant to standard state administrative practices. (Amended by Stats. 2011, Ch. 97, Sec. 1. (AB 222) Effective January 1, 2012.)
  57. 222.

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Department of Food and Agriculture Fund [221 - 227] ( Heading of Article 2 amended by Stats. 1982, Ch. 454, Sec. 24. )

    Verify source ↗

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

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Department of Food and Agriculture Fund [221 - 227] ( Heading of Article 2 amended by Stats. 1982, Ch. 454, Sec. 24. ) ## 222. The director shall keep a separate record of the classes and sources of income which are credited to, and disbursed from, the Department of Food and Agriculture Fund. (Amended by Stats. 1984, Ch. 144, Sec. 31.)
  58. 2221.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Cooperative Salary Agreements [2221 - 2224] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    For this article, a commissioner’s base salary means the salary set for the position in January 1959, or the lowest step in the range if a salary range was set.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Cooperative Salary Agreements [2221 - 2224] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 2221. For the purpose of this article the base salary of a commissioner is the salary, or if a salary range is established, the lowest step in such range, which was established for the position for the month of January, 1959. (Enacted by Stats. 1967, Ch. 15.)
  59. 2222.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Cooperative Salary Agreements [2221 - 2224] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may make cooperative agreements with county boards of supervisors about compensation related to the county agricultural commissioner or county services performed for the department.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Cooperative Salary Agreements [2221 - 2224] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 2222. For the purpose of securing more uniform and adequate enforcement of this code throughout the state, the director may enter into cooperative agreements with the board of supervisors of any county which relate to the compensation of the county agricultural commissioner of the county, or which relate to compensation of the county for services which are performed for the department. (Amended by Stats. 1977, Ch. 874.)
  60. 2223.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Cooperative Salary Agreements [2221 - 2224] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The board of supervisors must not lower the commissioner’s salary below the base salary, and the director may agree to pay the county up to $6,600 per year for the commissioner’s salary or related departmental services.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Cooperative Salary Agreements [2221 - 2224] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 2223. In the agreement the board of supervisors shall agree not to reduce the salary of the commissioner to less than the base salary. The director may agree to pay to the county a sum not to exceed six thousand six hundred dollars ($6,600) per year to be used for the salary of the commissioner, or to compensate the county for services which are performed for the department. The amount which is paid to a county shall not, however, exceed two-thirds of the amount of the salary which is paid to its commissioner. (Amended by Stats. 1977, Ch. 874.)
  61. 2224.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Cooperative Salary Agreements [2221 - 2224] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may make a salary-payment agreement with a county board of supervisors in certain counties, and the state’s payment is capped at $6,600 per year and at two-thirds of the commissioner’s salary.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Cooperative Salary Agreements [2221 - 2224] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 2224. The director may agree with the board of supervisors of any county in which no salary was established for the position of commissioner for January, 1959, that the state will pay not to exceed six thousand six hundred dollars ($6,600) per year of the amount to be used for payment of the salary of a commissioner for such county, or of a commissioner who is employed pursuant to Section 2124. The amount which is paid the county shall not, however, exceed two-thirds of the amount of the salary which is paid to the commissioner. (Amended by Stats. 1977, Ch. 874.)
  62. 223.

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Department of Food and Agriculture Fund [221 - 227] ( Heading of Article 2 amended by Stats. 1982, Ch. 454, Sec. 24. )

    Verify source ↗

    The Department of Food and Agriculture may withdraw up to $25,000 from its fund, but only with Department of Finance approval.

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Department of Food and Agriculture Fund [221 - 227] ( Heading of Article 2 amended by Stats. 1982, Ch. 454, Sec. 24. ) ## 223. A sum not to exceed twenty-five thousand dollars ($25,000) may, upon approval of the Department of Finance, be withdrawn from the Department of Food and Agriculture Fund to be used as a revolving fund by the department for the purposes for which the Department of Food and Agriculture Fund may be used. (Amended by Stats. 1982, Ch. 454, Sec. 25.)
  63. 224.

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Department of Food and Agriculture Fund [221 - 227] ( Heading of Article 2 amended by Stats. 1982, Ch. 454, Sec. 24. )

    Verify source ↗

    This section allocates transferred fuel-account money to the Department of Food and Agriculture and counties for specified agricultural and pest-control purposes.

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Department of Food and Agriculture Fund [221 - 227] ( Heading of Article 2 amended by Stats. 1982, Ch. 454, Sec. 24. ) ## 224. Moneys transferred by the Controller to the Department of Food and Agriculture Fund from the Motor Vehicle Fuel Account pursuant to Section 8352.5 of the Revenue and Taxation Code shall be expended by the Secretary of Food and Agriculture as follows: (a) Of the amount transferred each fiscal year, nine million dollars ($9,000,000) is hereby appropriated to the Department of Food and Agriculture for payment to the counties for pesticide use enforcement programs supervised by the Director of Pesticide Regulation. Reimbursement shall be apportioned to the counties in relation to each county’s expenditures to the total amount expended by all counties for the preceding fiscal year for pesticide use enforcement programs, as determined by the director, or with the collective agreement of the county agricultural commissioners, disbursement to counties for a current fiscal year according to criteria developed in work plans, or any combination of reimbursement and disbursement as agreed upon by the director and the county agricultural commissioners. The amount to be transferred to any county for a fiscal year may be increased or decreased by the director to compensate for incorrect previous transfers to that county, or adjusted based on evaluations of annual county Pesticide Enforcement Work Plans conducted by the Department of Pesticide Regulation. (b) Of the amount transferred each fiscal year, two hundred fifty thousand dollars ($250,000) is hereby appropriated to the Department of Food and Agriculture for state and county liaison activities and for departmental expenses directly related to administration of this section. (c) Of the amount transferred each fiscal year, one million five hundred thousand dollars ($1,500,000) is hereby appropriated to the Department of Food and Agriculture for divisional and departmental overhead charges to the Department of Food and Agriculture. (d) Of the amount transferred each fiscal year in excess of the amount transferred in the 2006–07 fiscal year, 7 percent is hereby appropriated to the Department of Food and Agriculture for full disbursement to the California Agricultural Commissioners and Sealers Association, as specified in Section 2003, and individual counties. The funds dispersed to individual counties, pursuant to subdivision (g), shall be in a proportion to offset expenses associated with programs, personnel, and materials that ensure the uniform application of state agricultural policy or administer programs supervised by the secretary. (e) Notwithstanding any other law, of the amount transferred each fiscal year, three million dollars ($3,000,000) is hereby appropriated for distribution to counties in a manner prescribed by the secretary for pest detection or trapping programs. These funds are intended to supplement funds available for pest detection or trapping in the annual Budget Act. As a condition of receiving these funds, counties shall not reduce their level of support from any other funds for pest detection or trapping programs. If a county declines to participate in a pest detection or trapping program, or fails to conduct the program to the state’s satisfaction, the secretary shall reduce, by the amount that would otherwise be allocated to the county, funds available pursuant to this subdivision and any state allocations from the annual Budget Act. Those forfeited funds are hereby appropriated to the Department of Food and Agriculture for purposes of operating the pest detection or trapping programs in those counties. (f) (1) Of the amount transferred each fiscal year, three million dollars ($3,000,000) is hereby appropriated to the Department of Food and Agriculture to be used for emergency detection, investigation, or eradication of agricultural plant or animal pests or diseases during the fiscal year, upon approval of the Director of Finance. At the end of each fiscal year, any unencumbered balance of these funds shall be carried over to the next fiscal year, or at the discretion of the secretary, may be used for planning and research involving detection, investigation, eradication, and methods of quarantine compliance for agricultural plant or animal pests or diseases. (2) The Department of Food and Agriculture shall develop policies, in consultation with the county agricultural commissioners and in compliance with any requirements of the annual Budget Act, to guide the ongoing use of these funds. (g) The total amount transferred during each fiscal year less the amounts provided in subdivisions (a) to (f), inclusive, and any moneys in reserve, is hereby appropriated for either or both of the following purposes: (1) To be paid to the counties for agricultural programs authorized by this code that are supervised by the Department of Food and Agriculture and administered by county agricultural commissioners. Reimbursement shall be apportioned to the counties in relation to each county’s expenditures to the total amount expended by all counties for the preceding fiscal year for agricultural programs, as determined by the secretary, or with the collective agreement of the county agricultural commissioners, disbursement to counties according to criteria developed in work plans for a current fiscal year, or any combination of reimbursement and disbursement as agreed upon by the secretary and the county agricultural commissioners. The amount to be transferred to any county for a fiscal year may be increased or decreased by the secretary to provide that, insofar as those transferred unclaimed refundable gas tax funds for apportionment to the counties are available, no county shall receive smaller combined apportionments of gas taxes and unclaimed refundable gas taxes than that county would have received had the gas taxes been apportioned without the transfer required by Section 8352.5 of the Revenue and Taxation Code, as determined by the secretary, except that the amount of unclaimed refundable gas tax funds to be transferred to any county for a fiscal year may be increased or decreased by the secretary to compensate for incorrect previous transfers to that county, and to account for any failure to meet the criteria listed in Section 224.5. (2) To be expended by the Department of Food and Agriculture for statewide agricultural programs as agreed upon by the secretary and the county agricultural commissioners. (Amended by Stats. 2019, Ch. 31, Sec. 4. (SB 85) Effective June 27, 2019.)
  64. 224.5.

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Department of Food and Agriculture Fund [221 - 227] ( Heading of Article 2 amended by Stats. 1982, Ch. 454, Sec. 24. )

    Verify source ↗

    Counties must meet specific criteria to qualify for a transfer; the secretary may limit or schedule transfers when counties do not meet the criteria on time.

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Department of Food and Agriculture Fund [221 - 227] ( Heading of Article 2 amended by Stats. 1982, Ch. 454, Sec. 24. ) ## 224.5. (a) In order to be eligible for the transfer specified in subdivision (g) of Section 224, counties must meet all of the following criteria, as determined by the secretary: (1) Currently employ or contract with a licensed agricultural commissioner. (2) Submit annual agricultural expenditure reports to the department in a timely manner. (3) Maintain county general fund support for agricultural commissioner services at least equal to the average amount expended for the five preceding fiscal years, unless the county is facing unusual economic hardship that precludes that support. (b) In the event that a county does not meet the criteria listed in subdivision (a) in a timely fashion, nothing shall preclude the secretary from completing transfers only to those counties that have met the criteria, while reserving funds for distribution to counties that may later be determined to have met them, or to set a date certain each fiscal year by which all available funds will be distributed to the counties that have met the criteria. (c) This section shall become operative on July 1, 2008. (Added by Stats. 2007, Ch. 421, Sec. 3. Effective January 1, 2008. Section operative July 1, 2008, by its own provisions.)
  65. 2241.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Offices, Equipment and Supplies [2241 - 2244] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    In this article, “commissioner” includes a commissioner employed under Section 2124.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Offices, Equipment and Supplies [2241 - 2244] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 2241. As used in this article “commissioner” includes a commissioner who is employed pursuant to Section 2124. (Enacted by Stats. 1967, Ch. 15.)
  66. 2242.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Offices, Equipment and Supplies [2241 - 2244] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The board of supervisors must provide the commissioner with a suitable office and equip it with the necessary furniture, supplies, and effects.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Offices, Equipment and Supplies [2241 - 2244] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 2242. The board of supervisors shall provide a suitable office for the commissioner, and shall furnish and equip his office with all necessary furniture, supplies, and effects for the proper discharge of his duties. (Enacted by Stats. 1967, Ch. 15.)
  67. 2243.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Offices, Equipment and Supplies [2241 - 2244] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The board of supervisors may provide the commissioner with necessary field equipment.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Offices, Equipment and Supplies [2241 - 2244] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 2243. The board of supervisors may also provide the commissioner with all necessary field equipment for the proper discharge of the duties of his office. (Enacted by Stats. 1967, Ch. 15.)
  68. 2244.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Offices, Equipment and Supplies [2241 - 2244] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    County expenses ordered for the commissioner’s office, furniture, supplies, effects, and equipment are a county charge, and the board of supervisors must allow and pay them from the county general fund.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Offices, Equipment and Supplies [2241 - 2244] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 2244. All expenses which are ordered by the board of supervisors for the office, furniture, supplies, effects, and equipment for the commissioner are a county charge. The board of supervisors shall allow and pay such expenses out of the general fund of the county. (Enacted by Stats. 1967, Ch. 15.)
  69. 225.

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Department of Food and Agriculture Fund [221 - 227] ( Heading of Article 2 amended by Stats. 1982, Ch. 454, Sec. 24. )

    Verify source ↗

    If money is moved out of the Department of Food and Agriculture Fund or the Acala Cotton Fund for a purpose unrelated to enforcing the law tied to that money’s source, the funds must receive the interest they would have earned.

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Department of Food and Agriculture Fund [221 - 227] ( Heading of Article 2 amended by Stats. 1982, Ch. 454, Sec. 24. ) ## 225. Notwithstanding any other provision of law, on all funds transferred from the Department of Food and Agriculture Fund and the Acala Cotton Fund for any purpose other than to carry out or enforce the law directly relating to the source of those funds, interest shall be paid to the Department of Food and Agriculture Fund or the Acala Cotton Fund which otherwise would have been earned if the funds had not been transferred. (Added by Stats. 1984, Ch. 1041, Sec. 1.)
  70. 226.

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Department of Food and Agriculture Fund [221 - 227] ( Heading of Article 2 amended by Stats. 1982, Ch. 454, Sec. 24. )

    Verify source ↗

    The section sets aside $100,000 each fiscal year from the Department of Food and Agriculture Fund for litigation expenses, with extra litigation costs split between that fund and the General Fund 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Department of Food and Agriculture Fund [221 - 227] ( Heading of Article 2 amended by Stats. 1982, Ch. 454, Sec. 24. ) ## 226. (a) Notwithstanding Section 11044 of the Government Code, the sum of one hundred thousand dollars ($100,000) is hereby continuously appropriated from the Department of Food and Agriculture Fund in each fiscal year to the department for litigation expenses incurred by the Bureau of Market Enforcement. (b) At any time in a given fiscal year that the one hundred thousand dollars ($100,000) appropriated for litigation costs in subdivision (a) is completely expended, the Department of Food and Agriculture Fund and the General Fund shall share additional litigation costs on a basis of 20 percent paid by the Department of Food and Agriculture Fund and 80 percent paid by the General Fund. These additional funds are to be used only when the bureau or the department is a defendant, or becomes a cross-defendant, in an action relating to market enforcement. (c) If a legal action is carried from one fiscal year to the next, the costs incurred in the following year shall not be charged against the one hundred thousand dollars ($100,000) annually allocated pursuant to subdivision (a) to the bureau, but instead shall continue to be funded in the following years with 80 percent being paid by the General Fund and 20 percent being paid by the Department of Food and Agriculture Fund. (d) In civil actions in which the bureau is a party, the prevailing party may be awarded court costs and attorneys fees. (Amended by Stats. 1997, Ch. 696, Sec. 1. Effective January 1, 1998.)
  71. 227.

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Department of Food and Agriculture Fund [221 - 227] ( Heading of Article 2 amended by Stats. 1982, Ch. 454, Sec. 24. )

    Verify source ↗

    This section lets certain agricultural fees and assessments be deposited with approved or designated entities, and it sets custody, audit, reimbursement, reserve, and liability rules for those funds.

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Department of Food and Agriculture Fund [221 - 227] ( Heading of Article 2 amended by Stats. 1982, Ch. 454, Sec. 24. ) ## 227. (a) Notwithstanding any other provision of law, in order to avoid unnecessary charges and to provide for efficient program implementation, the fees and assessments required by law to be paid to the director or the Department of Food and Agriculture Fund to support the agricultural programs specified in subdivision (b) of Section 230, except those specified in Article 5 (commencing with Section 6001) of Chapter 9 of Part 1 of Division 4, Article 8.5 (commencing with Section 6047.1) of Chapter 9 of Part 1 of Division 4, and Chapter 9 (commencing with Section 44971) of Division 17, may be deposited in the Department of Food and Agriculture Fund, or with an entity that is (1) a bank or other depository approved by the Department of Finance, (2) a marketing order board or commission created pursuant to this code, or (3) another state agency, designated by the agricultural program’s advisory body, if any. The fees and assessments required by law to be paid to the Department of Food and Agriculture Fund in Article 8.5 (commencing with Section 6047.1) of Chapter 9 of Part 1 of Division 4 may be deposited in the Department of Food and Agriculture Fund, or with an entity that is a bank or other depository approved by the Department of Finance. The director may designate that entity if an advisory body has not been created by statute for an agricultural program. All unencumbered funds in the Department of Food and Agriculture Fund and the Agriculture Trust Fund, including income therefrom, that have been collected pursuant to the agricultural program may also be deposited with the designated entity. (b) The funds deposited with the designated entity shall be expended exclusively for the purpose of implementing and continuing the agricultural program for which they were collected. (c) Prior to the deposit of any funds with an entity designated pursuant to subdivision (a), the entity shall enter into an agreement with the department that shall include, but not be limited to, all of the following requirements: (1) The entity shall serve as custodian for the safekeeping of the funds. (2) Funds deposited with the entity shall be encumbered for the exclusive purpose of implementing and continuing the agricultural program for which they were collected. (3) Funds deposited with the entity shall be subject to an audit at least once every two years by an auditor selected by the director. A copy of the audit shall be provided to the director within 30 days of completion of the audit. (4) The department shall be reimbursed for all expenses it incurs that are reasonably related to implementing and continuing the agricultural program for which the funds were collected in accordance with the agreement. With respect to the agricultural program created in Article 8.5 (commencing with Section 6047.1) of Chapter 9 of Part 1 of Division 4, the department shall be limited to those expenditures permitted under Section 6047.12. When practicable, as determined by the department, the designated entity shall deposit advance payments for these expenses with the department. (5) The entity shall maintain a reserve in an amount sufficient to pay for costs arising from unanticipated occurrences associated with the administration of the program. Provided that, with respect to the agricultural program created in Article 8.5 (commencing with Section 6047.1) of Chapter 9 of Part 1 of Division 4, the reserve shall include only an amount sufficient to pay for costs associated with the administrative expenditures described in Section 6047.12, and may be expended annually for those purposes. (d) In transferring funds from the department to any entity pursuant to subdivision (a), the director shall not be personally liable in any way for errors in judgment, mistakes, or other acts, either by commission or omission, except for his or her own individual acts of dishonesty or crime. (Amended by Stats. 2001, Ch. 103, Sec. 2. Effective July 25, 2001.)
  72. 2271.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Powers and Duties [2271 - 2287] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The commissioner must keep a record of his official acts.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Powers and Duties [2271 - 2287] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 2271. The commissioner shall keep a record of his official acts. (Enacted by Stats. 1967, Ch. 15.)
  73. 2272.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Powers and Duties [2271 - 2287] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The commissioner must file an annual report to the director about county agriculture and pest control activities, and may add information on organic farming, biotechnology, integrated pest management, and biological control.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Powers and Duties [2271 - 2287] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 2272. (a) The commissioner shall make an annual report to the director on the condition of agriculture in his or her county and on what is being done to eradicate, control, or manage pests, and actions relating to the exclusion of pests or quarantine against pests. The commissioner may include in the annual report information relating to organic farming methods, biotechnology, integrated pest management, and biological control activities in the county. The commissioner shall also furnish from time to time to the director any other information the director may require. (b) This section shall become operative July 1, 1999. (Repealed (in Sec. 2) and added by Stats. 1998, Ch. 870, Sec. 3. Effective September 28, 1998. Section operative July 1, 1999, by its own provisions.)
  74. 2273.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Powers and Duties [2271 - 2287] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The commissioner must make a monthly report to the board of supervisors when the board requires it.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Powers and Duties [2271 - 2287] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 2273. The commissioner shall also make a monthly report to the board of supervisors if and when so required by the board. (Enacted by Stats. 1967, Ch. 15.)
  75. 2274.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Powers and Duties [2271 - 2287] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The commissioner must learn about all pests that may exist, or are likely to exist, in his county.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Powers and Duties [2271 - 2287] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 2274. The commissioner shall learn about all pests that may exist, or are likely to exist, in his county. (Enacted by Stats. 1967, Ch. 15.)
  76. 2275.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Powers and Duties [2271 - 2287] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The commissioner must attend the annual meeting of the California Agricultural Commissioners and Sealers Association (or its successor) and any other meetings required by the secretary or director.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Powers and Duties [2271 - 2287] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 2275. The commissioner, for the purpose of learning the best and most efficacious methods of performing his or her duties, shall attend the annual meeting of the California Agricultural Commissioners and Sealers Association or its successor, and any other meetings as the secretary or director shall require. (Amended by Stats. 2004, Ch. 460, Sec. 3. Effective January 1, 2005.)
  77. 2276.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Powers and Duties [2271 - 2287] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The commissioner must consult specified agricultural authorities and may make necessary trips outside the county if authorized by the board of supervisors.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Powers and Duties [2271 - 2287] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 2276. The commissioner shall, for the purpose of becoming informed about new and dangerous agricultural pests, observing and learning new and better methods of pest control, and determining the best and most efficacious methods of conducting the work of his department, consult with staff members of the United States Department of Agriculture, the State Department of Agriculture, the University of California, and with agricultural commissioners of other counties. He shall make such trips outside of the county which are necessary for such purposes, if authorized by the board of supervisors. (Enacted by Stats. 1967, Ch. 15.)
  78. 2276.5.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Powers and Duties [2271 - 2287] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The Legislature states that county agricultural commissioners are the front line for protecting the state from exotic and invasive species and says they should take a more assertive, proactive role in detecting and excluding them, especially in urban settings.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Powers and Duties [2271 - 2287] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 2276.5. (a) The Legislature finds and declares that, acting under policy direction of the Secretary of Food and Agriculture, California’s unique system of county agricultural commissioners forms the front line of defense in protecting the state from the many exotic and invasive species threatening our people, commerce, and environment. (b) It is the intent of the Legislature that agricultural commissioners take an increasingly assertive and proactive role in the exclusion and detection of exotic and invasive species in the urban environment, particularly those potentially spread by human activities, such as landscaping and yard maintenance. (Added by Stats. 2008, Ch. 574, Sec. 1. Effective January 1, 2009.)
  79. 2277.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Powers and Duties [2271 - 2287] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If directed by the board of supervisors, the commissioner must collect, prepare, and install public information exhibits about the department, the county’s resources, or county products.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Powers and Duties [2271 - 2287] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 2277. The commissioner shall, if directed by the board of supervisors, collect, prepare, and install exhibits for public information which illustrate the work of his department, depict the resources of the county, or display the products of the county. (Enacted by Stats. 1967, Ch. 15.)
  80. 2278.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Powers and Duties [2271 - 2287] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The commissioner may share pest-related information for pests that may exist or are likely to exist in the county.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Powers and Duties [2271 - 2287] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 2278. The commissioner may disseminate information which relates to pests that may exist in his county, or are likely to exist in it. The information may include life histories, habits, methods of detection, and methods of control of such pests. (Enacted by Stats. 1967, Ch. 15.)
  81. 2279.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Powers and Duties [2271 - 2287] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The commissioner must compile county reports on agricultural product condition, acreage, production, and value, may publish them, and must send a copy to the director.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Powers and Duties [2271 - 2287] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 2279. The commissioner shall compile reports of the condition, acreage, production, and value of the agricultural products in his county. The commissioner may publish such reports, and shall transmit a copy of them to the director. (Enacted by Stats. 1967, Ch. 15.)
  82. 2280.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Powers and Duties [2271 - 2287] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    When the director acts in person with a commissioner, the director has all the rights of that commissioner.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Powers and Duties [2271 - 2287] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 2280. The director, when acting in person with a commissioner, has all the rights of such commissioner. (Enacted by Stats. 1967, Ch. 15. Note: See this section as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.)
  83. 2281.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Powers and Duties [2271 - 2287] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The commissioner handles local enforcement administration when joint responsibility is assigned, while the director handles statewide enforcement and gives instructions and recommendations.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Powers and Duties [2271 - 2287] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 2281. Except as otherwise specifically provided, in all cases where provisions of this code place joint responsibility for the enforcement of laws and regulations on the director and the commissioner, the commissioner shall be responsible for local administration of the enforcement program. The director shall be responsible for overall statewide enforcement and shall issue instructions and make recommendations to the commissioner. Such instructions and recommendations shall govern the procedure to be followed by the commissioner in the discharge of his duties. The director shall furnish assistance in planning and otherwise developing an adequate county enforcement program, including uniformity, coordination, training, special services, special equipment, and forms, statewide publicity, statewide planning, and emergency assistance. The instructions and recommendations shall include a cost analysis of the local administration of such programs, determined from data supplied by the commissioner pursuant to Section 2272. Such cost analysis shall identify the joint programs or activities for which funds necessary to maintain adequate county administration and enforcement have not been provided. The director shall develop, jointly with the commissioners, county priorities for such enforcement programs and activities. The director shall report annually to the Legislature his findings concerning the cost analysis with specific regard to programs where funds are inadequate for an efficient enforcement program, together with a listing of the priorities jointly established by the director and the commissioners that are contained in the formal instructions and recommendations of the director. (Amended by Stats. 1980, Ch. 820. Note: See this section as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.)
  84. 2282.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Powers and Duties [2271 - 2287] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The Secretary of Food and Agriculture or the Director of Pesticide Regulation may allocate annual funding to each county for certain joint-responsibility programs, subject to budget appropriations and an exception in Section 2282.5.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Powers and Duties [2271 - 2287] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 2282. (a) Except as provided in Section 2282.5, and to the extent funds are appropriated in the annual Budget Act, the Secretary of Food and Agriculture or the Director of Pesticide Regulation may allocate annually to each county an amount determined by the secretary or the director not to exceed one-third of the amount expended by the county during the previous fiscal year for the programs of joint responsibility under the jurisdiction of the secretary or director, as applicable. The allocations shall be made from funds appropriated to the secretary or the director for purposes of carrying out activities of joint responsibility with the commissioners at the local levels. (b) The annual report to the Legislature required by Section 2281 shall include findings for each of the following joint programs, including the amounts allocated to, and expended by, the counties in the previous fiscal year and the proposed amount to be allocated by the secretary for each program for the ensuing budget year: (1) Pest detection. (2) Pest eradication. (3) Pest management control. (4) Pest exclusion. (5) Seed inspection. (6) Nursery inspection. (7) Fruit and vegetable quality control. (8) Egg quality control. (9) Apiary inspection. (10) Crop statistics. The report shall also specify the programs that have been augmented with state funds each year since 1980 because of new legislative mandates, or because of pest infestations or outbreaks occurring since that date, and the annual amounts of those augmentations. (Amended by Stats. 2000, Ch. 573, Sec. 2. Effective September 23, 2000.)
  85. 2282.5.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Powers and Duties [2271 - 2287] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The department must create and use criteria and work plans for allocating pest-prevention funds, and certain county and fund-use restrictions apply.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Powers and Duties [2271 - 2287] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 2282.5. (a) The development of work plans for allocation of the funding appropriated in the Budget Act to the department for local assistance for agricultural plant and animal pest and disease prevention shall be the responsibility of the department. The department shall establish criteria for the development of the work plans and for allocating the appropriated funds. (b) Of the amount appropriated in the Budget Act to the department for local assistance for agricultural plant and animal pest and disease prevention, five million five hundred thousand dollars ($5,500,000) shall be utilized solely for high-risk pest exclusion activities. The work plans for the exclusion of high-risk pests shall be developed by the department with the county agricultural commissioners and in consultation with affected industry representatives. In order to determine the effectiveness of high-risk pest exclusion programs in each county, the criteria established by the department for the work plan shall include, but need not be limited to, the following: (1) The number of high-risk plant shipments entering each county. (2) The number of high-risk entry points in each county. (3) The number of state action quarantine pests intercepted or detected annually in each county. (4) The work hours expended by each county in conducting exclusion of high-risk pests. (5) The rate of interceptions and rejections per inspection activity. (c) To remain eligible for funding under this section, a county shall maintain its support of ongoing operational costs of the county agricultural commissioner programs listed in subdivision (b) of Section 2282, at 1997–98 fiscal year levels. (d) Funds allocated for high-risk pest exclusion activities pursuant to subdivision (b) may not be expended for any purpose other than the exclusion or detection of high-risk pests consistent with the work plans prescribed in subdivision (a) or scientific evaluation. Funds allocated by each county on or after September 28, 1998, shall not be allocated to other programs listed in subdivision (b) of Section 2282 until the county work plan is approved by the department consistent with the funding appropriated in the Budget Act to the department for local assistance for agricultural plant and animal pest and disease prevention for this purpose. (Amended by Stats. 2000, Ch. 573, Sec. 3. Effective September 23, 2000.)
  86. 2283.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Powers and Duties [2271 - 2287] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The commissioner may help the department conduct surveys or investigations to prevent the spread of certain pests, plant diseases, and noxious weeds.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Powers and Duties [2271 - 2287] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 2283. The commissioner, in carrying out his responsibilities under Section 2281, may assist the department in the conduct of surveys or investigations pursuant to Section 461 for the purpose of preventing the introduction and spread of injurious insect or animal pests, plant diseases, and noxious weeds under Section 403. (Added by Stats. 1981, Ch. 859, Sec. 5.)
  87. 2284.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Powers and Duties [2271 - 2287] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The commissioner may, with board approval, contract with a person or association to certify the condition of regulated product shipments.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Powers and Duties [2271 - 2287] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 2284. The commissioner may, with the approval of the board of supervisors, contract with any person or association to certify the condition of a shipment of a product regulated under this code. The condition certified to may include the temperature of the product. The contract shall provide for payment to the commissioner for the commissioner’s total cost in performing the certification. (Added by Stats. 1983, Ch. 242, Sec. 2.)
  88. 2285.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Powers and Duties [2271 - 2287] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The commissioner may communicate and meet with people and organizations interested in agricultural practices, if resources allow.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Powers and Duties [2271 - 2287] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 2285. For the purpose of developing necessary information and securing the best results for agriculture in this state, the commissioner may correspond and meet with any interested individual, agency, group, association, or educational institution with an interest in, or information regarding, agricultural practices, as resources allow. As used in this section “agriculture” includes, but is not limited to, developments and issues regarding all agricultural practices, traditional and alternative pest control methodology, and other areas of agriculture resource management. The California Agricultural Commissioners and Sealers Association may provide a forum by which a commissioner keeps informed and may facilitate discussions with other associations, institutions, agencies, organizations, or groups relating to resource management and protection for agriculture. (Added by Stats. 1992, Ch. 204, Sec. 1. Effective January 1, 1993.)
  89. 2286.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Powers and Duties [2271 - 2287] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The section says discretionary immunity applies to certain county agricultural decisions and employee actions involving pest control or pest eradication enforcement.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Powers and Duties [2271 - 2287] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 2286. The discretionary immunity doctrine as applied to a public entity and an employee of a public entity pursuant to Sections 815.2 and 820.2 of the Government Code applies to decisions of a county department of agriculture and an employee of a county department of agriculture enforcing a state or local pest control or pest eradication statute, regulation, or ordinance. Nothing in this section authorizes or affects the filing of an action challenging the legal authority of the county department of agriculture to undertake the pest control or eradication action. (Added by Stats. 1995, Ch. 818, Sec. 2. Effective January 1, 1996.)
  90. 2287.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Powers and Duties [2271 - 2287] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The commissioner may make a mutual aid agreement with other counties when needed to carry out a listed program more effectively or efficiently.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 - 2287] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Powers and Duties [2271 - 2287] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 2287. Whenever the commissioner determines that it is necessary to more effectively or more efficiently carry out a program listed in subdivision (b) of Section 2282, the commissioner may enter into a mutual aid agreement with other counties for the purpose of sharing staff, equipment, expertise, information, and other resources necessary to meet the needs of the program. (Added by Stats. 1999, Ch. 890, Sec. 6. Effective October 10, 1999.)
  91. 23.

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

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    This section defines certain nursery-grown plants and crops as agricultural crops, and it treats a nursery whose main activity is planned horticultural crop production as a farm. A retail nursery is not a farm for this section and related farm laws.

    ## Food and Agricultural Code - FAC ## GENERAL PROVISIONS AND DEFINITIONS ( General Provisions enacted by Stats. 1967, Ch. 15. ) ## 23. (a) Inasmuch as the planned production of trees, vines, rose bushes, ornamental plants, floricultural crops, and other horticultural crops is distinguishable from the production of other products of the soil only in relation to the time elapsing before maturity, plants and floricultural crops that are being produced by nurseries, whether in open fields or in greenhouses, shall be considered to be “growing agricultural crops” for the purpose of any laws that pertain to the agricultural industry of the state, and those laws shall apply equally to greenhouses and open field nursery operations. (b) For the reasons stated in subdivision (a), a nursery where the primary activity is the planned production of horticultural crops, is a farm. However, for the purposes of this section and any laws that pertain to farms in this state, a retail nursery is not a farm. (Amended by Stats. 2005, Ch. 605, Sec. 1. Effective January 1, 2006.)
  92. 23.5.

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

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    Commercial production of certain aquatic plants and animals by a registered aquaculturist is treated as part of the state’s agricultural industry, except for laws on plant quarantine or pest control.

    ## Food and Agricultural Code - FAC ## GENERAL PROVISIONS AND DEFINITIONS ( General Provisions enacted by Stats. 1967, Ch. 15. ) ## 23.5. The commercial production of aquatic plants and animals propagated and raised by a registered aquaculturist pursuant to Section 15101 of the Fish and Game Code in the state is a growing industry and provides a healthful and nutritious food product, and, as a commercial operation, utilizes management, land, water, and feed as do other agricultural enterprises. Therefore, the commercial production of that aquatic life shall be considered a branch of the agricultural industry of the state for the purpose of any law that provides for the benefit or protection of the agricultural industry of the state except those laws relating to plant quarantine or pest control. (Amended by Stats. 1995, Ch. 810, Sec. 11. Effective January 1, 1996.)
  93. 23.6.

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

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    The Legislature states that greenhouse production in the state is a growing industry and describes its benefits to agriculture, employment, the environment, and conservation-oriented technologies.

    ## Food and Agricultural Code - FAC ## GENERAL PROVISIONS AND DEFINITIONS ( General Provisions enacted by Stats. 1967, Ch. 15. ) ## 23.6. The Legislature hereby finds and declares that greenhouse production of floricultural, ornamental, or other nursery and agricultural products in the state is a growing industry that provides valuable agricultural products and year-round employment for agricultural workers. The Legislature further declares that greenhouse production is an efficient self-contained production system that offers protections for the environment and allows for the use of conservation-oriented production technologies, including drip irrigation, water recycling, and hydroponics, and the use of energy conservation systems. (Added by Stats. 2005, Ch. 605, Sec. 2. Effective January 1, 2006.)
  94. 23.7.

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

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    This section says vermiculture is a form of agriculture and defines vermiculture as raising certain worms.

    ## Food and Agricultural Code - FAC ## GENERAL PROVISIONS AND DEFINITIONS ( General Provisions enacted by Stats. 1967, Ch. 15. ) ## 23.7. The Legislature hereby finds and declares that vermiculture in the state is a growing industry and that use of vermiculture and vermiculture by-products for the commercial purpose of producing agricultural commodities should be encouraged. As used in this section, “vermiculture” is the raising of animals belonging to the order Oligochaeta, class Chaetopoda, phylum Annelida. Vermiculture, and the processing, packaging, sale, and use of its by-products, shall be considered a branch of the agricultural industry. (Added by Stats. 1978, Ch. 589.)
  95. 230.

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.5. Agriculture Trust Fund [230 - 240.5] ( Article 2.5 added by Stats. 1993, Ch. 872, Sec. 2. )

    Verify source ↗

    This section defines three terms used in the article: “Advisory body,” “Agriculture programs,” and “Trust fund.”

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.5. Agriculture Trust Fund [230 - 240.5] ( Article 2.5 added by Stats. 1993, Ch. 872, Sec. 2. ) ## 230. As used in this article: (a) “Advisory body” means the advisory body for each individual agriculture program. (b) “Agriculture programs” means the programs specified in Section 221, Chapter 5 (commencing with Section 5301) of Division 4, Sections 6037, 6038, and 9641.5, Chapter 1 (commencing with Section 29001) of Division 13, Division 15 (commencing with Section 32501), Article 6.5 (commencing with Section 42801) of Chapter 2 of Division 17, and Chapter 10 (commencing with Section 46000) of Division 17. (c) “Trust fund” means the Agriculture Trust Fund created pursuant to Section 232. (Added by Stats. 1993, Ch. 872, Sec. 2. Effective January 1, 1994.)
  96. 23001.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [23001 - 23123] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Application [23001- 23001.] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    This section says the division applies to state and county institutions that are engaging in livestock operations, including fee payments.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [23001 - 23123] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Application [23001- 23001.] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 23001. The provisions of this division, including the payment of fees, are applicable to all state and county institutions which are engaging in livestock operations. (Enacted by Stats. 1967, Ch. 15.)
  97. 2301.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. County Veterinarian [2301 - 2344] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Appointment [2301 - 2302] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The board of supervisors may appoint a county veterinarian when public welfare requires it.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. County Veterinarian [2301 - 2344] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Appointment [2301 - 2302] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 2301. A county veterinarian may be appointed by the board of supervisors whenever the public welfare demands the services of such veterinarian. (Enacted by Stats. 1967, Ch. 15.)
  98. 2302.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. County Veterinarian [2301 - 2344] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Appointment [2301 - 2302] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The veterinarian serves at the pleasure of the board of supervisors.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. County Veterinarian [2301 - 2344] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Appointment [2301 - 2302] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 2302. The veterinarian shall serve at the pleasure of the board of supervisors. (Enacted by Stats. 1967, Ch. 15.)
  99. 23021.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [23001 - 23123] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Regulations [23021- 23021.] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must enforce this division and may make regulations reasonably necessary to do so.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [23001 - 23123] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Regulations [23021- 23021.] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 23021. The director shall enforce this division. He may make such regulations as are reasonably necessary for such enforcement. (Enacted by Stats. 1967, Ch. 15.)
  100. 23041.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [23001 - 23123] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Investigations and Seizures [23041 - 23045] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may make any necessary investigations into reported violations of this division.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [23001 - 23123] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Investigations and Seizures [23041 - 23045] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 23041. The director may make any necessary investigations relative to reported violations of this division, pursuant to Article 2 (commencing with Section 11180), Chapter 2, Part 1, Division 3, Title 2 of the Government Code. (Enacted by Stats. 1967, Ch. 15.)
  101. 23043.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [23001 - 23123] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Investigations and Seizures [23041 - 23045] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Department agents and peace officers may stop certain animal-hauling conveyances and may take possession of certain animals or carcasses for investigation.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [23001 - 23123] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Investigations and Seizures [23041 - 23045] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 23043. Any agent of the department or any peace officer may, for the purpose of making an investigation, do any of the following: (a) Stop any conveyance which is transporting on any public thoroughfare any horse, mule, burro, or sheep, the carcass of any such animal which has the skin on it, or the hide or skin of any such animal. (b) Take possession of any horse, mule, burro, or sheep, the carcass of any such animal which has the hide or skin on it, or the hide or skin of any such animal and hold it for 30 days pending an investigation. (Enacted by Stats. 1967, Ch. 15.)
  102. 23044.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [23001 - 23123] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Investigations and Seizures [23041 - 23045] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The owner must pay expenses incurred under Section 23043, and those caring costs create a lien on the property.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [23001 - 23123] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Investigations and Seizures [23041 - 23045] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 23044. Any expense which is incurred pursuant to Section 23043 shall be paid by the owner. The cost of caring for the property which is held pursuant to Section 23043 is a lien upon the property. The lien may be enforced in the manner which is prescribed in Section 3052 of the Civil Code. (Enacted by Stats. 1967, Ch. 15.)
  103. 23045.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [23001 - 23123] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Investigations and Seizures [23041 - 23045] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Animals seized by, or received by, an inspector under this division must be disposed of under the referenced Chapter 7 rules.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [23001 - 23123] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Investigations and Seizures [23041 - 23045] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 23045. Any animal which is seized by, or comes into the possession of an inspector pursuant to this division shall be disposed of pursuant to Chapter 7 (commencing with Section 17001), Part 1, Division 9 of this code. (Enacted by Stats. 1967, Ch. 15.)
  104. 23071.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [23001 - 23123] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Criminal Penalties [23071- 23071.] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Violating any provision of this division is a misdemeanor and can lead to a fine, jail time, or both.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [23001 - 23123] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Criminal Penalties [23071- 23071.] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 23071. Every 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 6 months, or by both such fine and imprisonment. Each violation during any day constitutes a separate offense. (Amended by Stats. 1983, Ch. 1092, Sec. 114. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  105. 23091.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [23001 - 23123] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Civil Penalties and Remedies [23091 - 23093] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person who violates this division or a regulation issued under it is civilly liable for up to $500 per violation.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [23001 - 23123] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Civil Penalties and Remedies [23091 - 23093] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 23091. Any person that violates any provision of this division or any regulation which is issued pursuant to it is liable civilly for a penalty in an amount not to exceed a sum of five hundred dollars ($500) for each violation. Any money which is recovered pursuant to this section shall be paid into the Department of Agriculture Fund. (Enacted by Stats. 1967, Ch. 15.)
  106. 23092.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [23001 - 23123] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Civil Penalties and Remedies [23091 - 23093] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The Attorney General can bring a civil penalties action against a person who violates this division.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [23001 - 23123] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Civil Penalties and Remedies [23091 - 23093] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 23092. 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. (Enacted by Stats. 1967, Ch. 15.)
  107. 23093.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [23001 - 23123] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Civil Penalties and Remedies [23091 - 23093] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The Attorney General may seek an injunction in superior court against violations of this division or related regulations, either on the director’s complaint or on the Attorney General’s own initiative if a violation appears to have occurred.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [23001 - 23123] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Civil Penalties and Remedies [23091 - 23093] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 23093. 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 duly issued by the director pursuant to it. Any proceedings pursuant to this section shall conform to the requirements of Chapter 3 (commencing with Section 525), Title 7, Part 2 of the Code of Civil Procedure. The director shall not, however, be required to allege facts necessary to show or tending to show lack of adequate remedy at law or to show or tending to show irreparable damage or loss. (Enacted by Stats. 1967, Ch. 15.)
  108. 231.

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.5. Agriculture Trust Fund [230 - 240.5] ( Article 2.5 added by Stats. 1993, Ch. 872, Sec. 2. )

    Verify source ↗

    The Legislature states that funding agriculture programs is necessary to maintain a continuous and safe supply of food and fiber, and says this article is enacted to protect the health and welfare of the people of the state.

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.5. Agriculture Trust Fund [230 - 240.5] ( Article 2.5 added by Stats. 1993, Ch. 872, Sec. 2. ) ## 231. The Legislature finds and declares that the maintenance of agriculture funded programs described in subdivision (b) of Section 230 is necessary to ensure the consuming public of a continuous and safe supply of food and fiber and is affected with a public interest. This article is enacted in the exercise of the police power of this state for the purpose of protecting the health and welfare of the people of this state. (Added by Stats. 1993, Ch. 872, Sec. 2. Effective January 1, 1994.)
  109. 23121.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [23001 - 23123] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Collection and Disposition of Money [23121 - 23123] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Money in the Department of Agriculture Fund that comes from this division may be spent to administer and enforce the provisions listed in Section 16461.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [23001 - 23123] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Collection and Disposition of Money [23121 - 23123] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 23121. Any money in the Department of Agriculture Fund which is derived pursuant to this division may be expended for the administration and enforcement of any of the provisions of this code stated in Section 16461, notwithstanding any other provision of law which limits the expenditure of any such money to some specific purpose or to the administration or enforcement of some specific section, article, or chapter, of this division. (Amended by Stats. 1967, Ch. 13.)
  110. 23122.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [23001 - 23123] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Collection and Disposition of Money [23121 - 23123] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must report monthly to the State Controller the total money collected from fees, penalties, judgments, or otherwise, and must pay the full receipts into the State Treasury at the same time.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [23001 - 23123] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Collection and Disposition of Money [23121 - 23123] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 23122. The director shall, at least once each month, report to the State Controller the total amount of any money which is collected for fees, penalties, judgments or otherwise. He shall, at the same time, pay into the State Treasury the entire amount of the receipts. The receipts shall be credited to the Department of Agriculture Fund. (Enacted by Stats. 1967, Ch. 15.)
  111. 23123.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [23001 - 23123] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Collection and Disposition of Money [23121 - 23123] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may bring a civil action to recover fees, penalties, or other money due under this division.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [23001 - 23123] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Collection and Disposition of Money [23121 - 23123] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 23123. A civil action may be brought by the director to recover any fee, penalty, or other money that may become due pursuant to this division. (Enacted by Stats. 1967, Ch. 15.)
  112. 232.

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.5. Agriculture Trust Fund [230 - 240.5] ( Article 2.5 added by Stats. 1993, Ch. 872, Sec. 2. )

    Verify source ↗

    This section creates the Agriculture Trust Fund, says it is not part of the State Treasury, and gives special handling rules for money transferred into it.

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.5. Agriculture Trust Fund [230 - 240.5] ( Article 2.5 added by Stats. 1993, Ch. 872, Sec. 2. ) ## 232. The Agriculture Trust Fund is hereby created. The trust fund is not a fund of the State Treasury. Transfers to the trust fund may be deposited in the State Treasury, or in a bank or other depository approved by the Department of Finance. Funds that are so transferred are exempt from Sections 11270 and 11272 of the Government Code and shall be deposited and disbursed only to pay for attorney’s fees and other costs incurred in litigation involving the trust fund, expenses generated by the auditing requirement imposed by Section 239, and the costs set forth in Section 240. (Amended by Stats. 1994, Ch. 146, Sec. 47. Effective January 1, 1995.)
  113. 2321.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. County Veterinarian [2301 - 2344] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Compensation [2321- 2321.] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The veterinarian is entitled to a salary fixed by the board of supervisors.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. County Veterinarian [2301 - 2344] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Compensation [2321- 2321.] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 2321. The veterinarian shall receive a salary which is fixed by the board of supervisors. It shall be payable at the same time, in the same manner, and from the same fund as other county officers are paid. (Enacted by Stats. 1967, Ch. 15.)
  114. 23251.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Brands and Brand Records [23251 - 23281] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Horses, Mules, Burros, or Sheep [23251 - 23252] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person who wants to use a brand on horses, mules, burros, or sheep must follow the same branding rules and procedures that apply to cattle, except Section 20668.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Brands and Brand Records [23251 - 23281] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Horses, Mules, Burros, or Sheep [23251 - 23252] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 23251. Any person that desires to use a brand on horses, mules, burros, or sheep shall be governed by the same provisions and procedures with reference to such animals as are made applicable to the branding of cattle in Chapter 4 (commencing with Section 20601) of Division 10 of this code, except Section 20668. (Enacted by Stats. 1967, Ch. 15.)
  115. 23251.1.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Brands and Brand Records [23251 - 23281] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Horses, Mules, Burros, or Sheep [23251 - 23252] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    For this article, “brand” includes a design made with a super-cold iron that permanently causes white hair growth or a bald mark on the animal.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Brands and Brand Records [23251 - 23281] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Horses, Mules, Burros, or Sheep [23251 - 23252] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 23251.1. For the purposes of this article, “brand” also includes a design which is made by applying a super-cold iron that permanently causes white hair growth or a bald mark on the animal. As used in this section, “super-cold iron” means one that is cooled to at least a minus 195 degrees Celsius (minus 319 degrees Fahrenheit). (Added by Stats. 1977, Ch. 466.)
  116. 23252.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Brands and Brand Records [23251 - 23281] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Horses, Mules, Burros, or Sheep [23251 - 23252] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person who owns a registered cattle brand may use that same brand on horses, mules, burros, sheep, or swine at the same location, as long as it does not conflict with an earlier registered brand.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Brands and Brand Records [23251 - 23281] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Horses, Mules, Burros, or Sheep [23251 - 23252] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 23252. Any person that owns a registered cattle brand may use the same brand on the same location on horses, mules, burros, sheep, or swine if it is not in conflict with a previously registered brand. (Enacted by Stats. 1967, Ch. 15.)
  117. 23281.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Brands and Brand Records [23251 - 23281] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Swine [23281- 23281.] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Brands for swine may be recorded under the same recording procedures used for cattle brands, except Section 20668, but recording is not required.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Brands and Brand Records [23251 - 23281] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Swine [23281- 23281.] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 23281. Brands for swine may be recorded pursuant to the same provisions and procedures as are made applicable to the recording of brands for cattle in Chapter 4 (commencing with Section 20601) of Division 10 of this code, except Section 20668. Such recording, however, is not mandatory. (Enacted by Stats. 1967, Ch. 15.)
  118. 233.

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.5. Agriculture Trust Fund [230 - 240.5] ( Article 2.5 added by Stats. 1993, Ch. 872, Sec. 2. )

    Verify source ↗

    The director must set the trust fund amount and create separate trust accounts for each agricultural program.

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.5. Agriculture Trust Fund [230 - 240.5] ( Article 2.5 added by Stats. 1993, Ch. 872, Sec. 2. ) ## 233. (a) The trust fund consists of moneys transferred by the director from the Department of Food and Agriculture Fund, including all income therefrom. The amount of funds, excluding interest earned thereon, contained in the trust fund shall be determined by the director, and shall be the same percentage for all agricultural programs, but shall not exceed 10 percent of the annual operating budgets of each agricultural program. Funds in excess of 10 percent of the annual operating budgets of each agricultural program that are in the trust fund, or such other lesser percentage as the director may determine, may be returned to the Department of Food and Agriculture Fund. (b) The director shall establish separate accounts in the trust fund for the money transferred to the fund from each of the agricultural program accounts in the Department of Food and Agriculture Fund. The trust accounts shall be used by the Department of Food and Agriculture Fund for expenditure when necessary for the exclusive purpose of implementing and continuing any of the agriculture programs with money contained in the trust fund. (Added by Stats. 1993, Ch. 872, Sec. 2. Effective January 1, 1994.)
  119. 234.

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.5. Agriculture Trust Fund [230 - 240.5] ( Article 2.5 added by Stats. 1993, Ch. 872, Sec. 2. )

    Verify source ↗

    The trust fund is created to be used only for implementing and continuing the agricultural programs tied to the collected funds.

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.5. Agriculture Trust Fund [230 - 240.5] ( Article 2.5 added by Stats. 1993, Ch. 872, Sec. 2. ) ## 234. The trust fund is created for the exclusive purpose of implementing and continuing the agricultural programs for which the funds were collected. (Added by Stats. 1993, Ch. 872, Sec. 2. Effective January 1, 1994.)
  120. 23401.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Inspection of Animals [23401 - 23405] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Horses, Mules, and Burros [23401 - 23405] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Inspections of horses, mules, and burros for out-of-state shipment may be made at the owner’s request, using the same method and fees as for bovine animals, except for inspections under Chapter 9.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Inspection of Animals [23401 - 23405] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Horses, Mules, and Burros [23401 - 23405] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 23401. Inspection of horses, mules, and burros for shipment out of the state may be made at the request of the owner in the same manner and for the same fees as are provided for bovine animals pursuant to Chapter 6 (commencing with Section 21051) of Division 10. This section does not apply to inspections made pursuant to Chapter 9 (commencing with Section 24101) of Division 11. (Amended by Stats. 1992, Ch. 217, Sec. 1. Effective January 1, 1993.)
  121. 23404.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Inspection of Animals [23401 - 23405] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Horses, Mules, and Burros [23401 - 23405] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A certificate of inspection cannot be issued unless a bill of sale or other proof of ownership is shown during the inspection.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Inspection of Animals [23401 - 23405] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Horses, Mules, and Burros [23401 - 23405] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 23404. A certificate of inspection shall not be issued unless a bill of sale or other proof of ownership is exhibited at the time of the inspection. (Enacted by Stats. 1967, Ch. 15.)
  122. 23405.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Inspection of Animals [23401 - 23405] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Horses, Mules, and Burros [23401 - 23405] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Slaughterers of horses, mules, or burros must keep the original bill of sale on file in their office for one year after slaughter.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Inspection of Animals [23401 - 23405] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Horses, Mules, and Burros [23401 - 23405] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 23405. Every slaughterer of horses, mules, or burros shall have on file in his office for a period of one year after slaughter the original bill of sale of the animals purchased and slaughtered by him. (Added by Stats. 1968, Ch. 630.)
  123. 2341.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. County Veterinarian [2301 - 2344] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Powers and Duties [2341 - 2344] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The veterinarian must act under the supervision of the director.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. County Veterinarian [2301 - 2344] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Powers and Duties [2341 - 2344] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 2341. The veterinarian shall act under the supervision of the director. (Enacted by Stats. 1967, Ch. 15.)
  124. 2342.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. County Veterinarian [2301 - 2344] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Powers and Duties [2341 - 2344] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The veterinarian must enforce county code provisions about the health and sanitary surroundings of livestock, poultry, and rabbits, and must also enforce related board of supervisors orders and ordinances within unincorporated territory.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. County Veterinarian [2301 - 2344] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Powers and Duties [2341 - 2344] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 2342. The veterinarian shall enforce throughout the county all of the provisions of this code which relate to the health and sanitary surroundings of livestock, poultry, and rabbits. He shall enforce within unincorporated territory all orders and ordinances of the board of supervisors which relate to such subjects. (Enacted by Stats. 1967, Ch. 15.)
  125. 2343.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. County Veterinarian [2301 - 2344] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Powers and Duties [2341 - 2344] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The veterinarian may establish quarantine, sanitary, and other regulations within his jurisdiction when he considers them necessary.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. County Veterinarian [2301 - 2344] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Powers and Duties [2341 - 2344] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 2343. The veterinarian may establish such quarantine, sanitary, and other regulations within his jurisdiction as he deems necessary. (Enacted by Stats. 1967, Ch. 15.)
  126. 2344.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. County Veterinarian [2301 - 2344] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Powers and Duties [2341 - 2344] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The veterinarian must attend meetings that the board of supervisors considers necessary and advisable.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. County Veterinarian [2301 - 2344] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Powers and Duties [2341 - 2344] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 2344. The veterinarian shall attend such meetings as are deemed necessary and advisable by the board of supervisors. (Enacted by Stats. 1967, Ch. 15.)
  127. 235.

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.5. Agriculture Trust Fund [230 - 240.5] ( Article 2.5 added by Stats. 1993, Ch. 872, Sec. 2. )

    Verify source ↗

    Certain agricultural programs must participate in the trust fund unless a specified entity is designated.

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.5. Agriculture Trust Fund [230 - 240.5] ( Article 2.5 added by Stats. 1993, Ch. 872, Sec. 2. ) ## 235. Each agricultural program specified in subdivision (b) of Section 230 with funds contained in the Department of Food and Agriculture Fund shall participate in the trust fund unless an entity is designated pursuant to subdivision (a) of Section 227 or Section 6005 or 45021. (Amended by Stats. 1994, Ch. 146, Sec. 48. Effective January 1, 1995.)
  128. 2350.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Livestock Pass Program [2350- 2350.] ( Chapter 4 added by Stats. 2021, Ch. 609, Sec. 1. )

    Verify source ↗

    This section lets counties create a livestock pass program for disaster access and sets rules for who can get a pass and how it may be used.

    ## Food and Agricultural Code - FAC ## DIVISION 2. LOCAL ADMINISTRATION [2001 - 2350] ( Division 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Livestock Pass Program [2350- 2350.] ( Chapter 4 added by Stats. 2021, Ch. 609, Sec. 1. ) ## 2350. (a) For purposes of this chapter, the following definitions apply: (1) “Managerial employee” means a person who meets all of the following criteria: (A) Has management authority with responsibility to oversee the care and well-being of the qualifying livestock producer’s livestock. (B) Primarily engages in managerial job duties and customarily and regularly exercises discretion and independent judgment in these duties. These duties shall be specified in a written job description issued no later than 90 days before the date of the flood, storm, fire, earthquake, or other disaster. (C) Earns a monthly salary equivalent to no less than two times the state minimum wage for full-time employment at the time of the flood, storm, fire, earthquake, or other disaster. (2) “Qualifying livestock producer” means a commercial livestock producer, as determined by the county agency, who has been certified as successfully completing the curriculum developed pursuant to Section 13105.6 of the Health and Safety Code. (b) (1) Upon the approval of a county board of supervisors, a county agricultural commissioner, or other agency designated by the county board of supervisors, is authorized to establish within that county a livestock pass program for the purpose of issuing identification documents granting any qualifying livestock producer, or a managerial employee of the qualifying livestock producer, access to the qualifying livestock producer’s ranch property during or following a flood, storm, fire, earthquake, or other disaster. (2) (A) A managerial employee of a qualifying livestock producer shall not be required by the qualifying livestock producer to obtain a livestock pass. Access to a qualifying livestock producer’s ranch by a managerial employee shall be fully voluntary on the part of the managerial employee. (B) A person shall not require any employee to obtain or use a livestock pass or to enter or be present on the livestock producer’s ranch property during or following a flood, storm, fire, earthquake, or other disaster. A person shall not in any manner discriminate, retaliate, or take any adverse action against an employee for refusing to obtain or use a livestock pass or to enter or be present on the livestock producer’s ranch property during or following a flood, storm, fire, earthquake, or other disaster. Any person who believes that they have been discriminated or retaliated against in violation of this section may, in addition to any other available remedy, file a complaint pursuant to Section 98.7 of the Labor Code for remedies available under Section 98.6 of the Labor Code. (C) Nothing in this section shall be construed as requiring a managerial employee of a qualifying livestock producer to be present on a ranch property during or following a flood, storm, fire, earthquake, or other disaster. (c) (1) An applicant for a livestock pass shall provide, or the relevant county agency shall otherwise obtain, documentation sufficient to demonstrate that the applicant is a commercial livestock producer, or a managerial employee of a commercial livestock producer. The documentation may include, but is not limited to, any of the following: (A) An operator identification number issued by a county agricultural commissioner. (B) An Internal Revenue Service Schedule F (Form 1040) attesting to the applicant’s Profit or Loss From Farming. (C) Assessor’s parcel numbers confirming agricultural zoning for the property or properties upon which access is sought. (D) Agricultural land lease documentation. (E) Documentation attesting to the applicant’s enrollment in a Williamson Act contract as authorized pursuant to Chapter 7 (commencing with Section 51200) of Part 1 of Division 1 of Title 5 of the Government Code. (F) Documentation from the United States Department of Agriculture Farm Service Agency attesting that the applicant is a commercial livestock producer. (G) Current registration of a livestock brand with the Bureau of Livestock Identification. (2) An applicant for a livestock pass shall furnish to the relevant county agency a description or map of all lands owned or managed by the applicant for which disaster access is sought. (d) (1) Access granted pursuant to a livestock pass shall be limited to the purposes of sheltering, moving, transporting, evacuating, feeding, watering, or administering veterinary care to livestock, or providing local expertise to peace officers and emergency personnel. Local expertise shall only be provided upon the request of peace officers and emergency personnel. (2) A holder of a livestock pass may have access to the ranch property that is owned by another holder of a livestock pass, with permission from that livestock passholder, for purposes of providing assistance with those activities specified in paragraph (1) during or following a flood, storm, fire, earthquake, or other disaster. (3) Access under this section to areas closed pursuant to subdivision (a) of Section 409.5 of the Penal Code may only be granted by the incident commander, a law enforcement official having jurisdiction, or their designee. When access is granted by emergency response personnel other than the incident commander, the emergency response personnel shall notify incident command that access has been provided to the livestock passholder. (4) For purposes of this subdivision, “local expertise” may include identifying access roads, water points, and other local knowledge that may assist firefighters or other emergency response personnel. (e) (1) A livestock pass identification document issued pursuant to subdivision (b) for the purpose of authorizing access during a disaster shall include, at a minimum, all of the following information: (A) The name of the applicant and cardholder. (B) The name or names of the ranch to which the cardholder seeks access in the event of a disaster. (C) The expiration date of the identification document, if an expiration date was established by the county. (D) The seal or logo of the authorizing agency and the signature of the issuing officer. (2) A livestock pass identification document authorizing access during a disaster that does not include a photograph of the cardholder shall not be a valid document for purposes of subdivision (b) unless accompanied by a valid photo identification document issued by the state or federal government. (f) Notwithstanding this section, a livestock pass issued by a county in which a livestock pass or equivalent program was established before January 1, 2022, shall be deemed to be in compliance with this section until the expiration date noted on the livestock pass or until December 31, 2025, whichever date occurs first. (Added by Stats. 2021, Ch. 609, Sec. 1. (AB 1103) Effective January 1, 2022.)
  129. 236.

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.5. Agriculture Trust Fund [230 - 240.5] ( Article 2.5 added by Stats. 1993, Ch. 872, Sec. 2. )

    Verify source ↗

    The trust beneficiaries are the agricultural programs that have money in the trust fund.

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.5. Agriculture Trust Fund [230 - 240.5] ( Article 2.5 added by Stats. 1993, Ch. 872, Sec. 2. ) ## 236. The beneficiaries of the trust are the agricultural programs with money contained in the trust fund. (Added by Stats. 1993, Ch. 872, Sec. 2. Effective January 1, 1994.)
  130. 237.

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.5. Agriculture Trust Fund [230 - 240.5] ( Article 2.5 added by Stats. 1993, Ch. 872, Sec. 2. )

    Verify source ↗

    The trust fund must stay in existence while the listed agricultural programs continue, and when a program ends its remaining funds must be refunded or transferred according to the section’s fallback rules.

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.5. Agriculture Trust Fund [230 - 240.5] ( Article 2.5 added by Stats. 1993, Ch. 872, Sec. 2. ) ## 237. The trust fund shall continue in existence for as long as any of the agricultural programs specified in subdivision (b) of Section 230 continues to exist. Upon termination of any of those agricultural programs, all of that program’s remaining funds, exclusive of all financial obligations of that program, shall be returned on a pro rata basis to all persons from whom assessments or fees were collected for purposes of that program in the immediately preceding marketing season. However, if the director finds that the amounts returnable are so small as to make impractical the computation and remitting of a pro rata refund to those persons, any funds remaining after payment of all expenses shall be paid to any existing state or federally authorized agricultural program relating to the same industry. If no such program exists, any remaining money shall be paid to the Department of Food and Agriculture Fund. If the account of a terminating agricultural program is insufficient to meet all financial obligations, the director may borrow a pro rata share from all other accounts in the trust fund to pay those obligations. The director shall collect a supplemental assessment from all persons from whom assessments or fees were collected for the purposes of the program being terminated in the immediately preceding marketing seasons to reimburse the trust fund. Upon the termination of all the agricultural programs specified in subdivision (b) of Section 230, the trustee shall transfer the remaining funds to the Department of Food and Agriculture Fund. (Added by Stats. 1993, Ch. 872, Sec. 2. Effective January 1, 1994.)
  131. 238.

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.5. Agriculture Trust Fund [230 - 240.5] ( Article 2.5 added by Stats. 1993, Ch. 872, Sec. 2. )

    Verify source ↗

    This section states that advisory bodies for identified agricultural programs are meant to represent the relevant agricultural industry and serve the public interest.

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.5. Agriculture Trust Fund [230 - 240.5] ( Article 2.5 added by Stats. 1993, Ch. 872, Sec. 2. ) ## 238. It is hereby declared, as a matter of legislative determination, that the advisory body for each of the identified agricultural programs is intended to represent and further the interest of a particular agricultural industry concerned, and that this representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are appointed to any advisory body, the particular agricultural industry concerned is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code. (Added by Stats. 1993, Ch. 872, Sec. 2. Effective January 1, 1994.)
  132. 238.5.

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.5. Agriculture Trust Fund [230 - 240.5] ( Article 2.5 added by Stats. 1993, Ch. 872, Sec. 2. )

    Verify source ↗

    The chairperson of each advisory body must advise the director on administering the trust fund, including how much of it should be used for program closures, unanticipated occurrences, and replenishment.

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.5. Agriculture Trust Fund [230 - 240.5] ( Article 2.5 added by Stats. 1993, Ch. 872, Sec. 2. ) ## 238.5. The chairperson of each advisory body shall advise the director on the administration of the trust fund, including, but not limited to, the amount of the fund to be applied to program closures, unanticipated occurrences, and replenishment. (Added by renumbering Section 239 by Stats. 1994, Ch. 146, Sec. 49. Effective January 1, 1995.)
  133. 23801.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Sale or Gift [23801 - 23802] ( Chapter 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person may not buy, sell, or accept certain horses, mules, burros, sheep, carcasses, or hides unless a signed written bill of sale or written instrument is given and received at delivery.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Sale or Gift [23801 - 23802] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## 23801. A person shall not buy, sell, or accept a horse, mule, burro, or sheep, the carcass of any such animal from which the hide or skin has not been removed, or the hide or skin of such animal, unless the seller or donor gives, and the buyer or donee receives, at the time of delivery of the animal, carcass, or hide, a written bill of sale or written instrument, which states the number, kind, and brand or brand and marks of each such hide, skin, carcass, or animal, that is signed by the party that gives it. (Enacted by Stats. 1967, Ch. 15.)
  134. 23802.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Sale or Gift [23801 - 23802] ( Chapter 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the seller or donor does not give a written bill of sale or written instrument under Section 23801, that failure does not affect the sale’s validity or the parties’ rights.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Sale or Gift [23801 - 23802] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## 23802. The failure of the seller or donor to give a written bill of sale or written instrument to the buyer or donee pursuant to Section 23801 does not have any effect upon either of the following: (a) The validity of any sale or contract of sale of any horse, mule, burro, or sheep. (b) The rights of either the buyer or donee or seller or donor of the horse, mule, burro, or sheep. (Enacted by Stats. 1967, Ch. 15.)
  135. 239.

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.5. Agriculture Trust Fund [230 - 240.5] ( Article 2.5 added by Stats. 1993, Ch. 872, Sec. 2. )

    Verify source ↗

    Trust fund activities must be audited at least every two years, and the audit copy must be delivered to the director within 30 days after completion.

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.5. Agriculture Trust Fund [230 - 240.5] ( Article 2.5 added by Stats. 1993, Ch. 872, Sec. 2. ) ## 239. All trust fund activities shall be subject to an audit at least once every two years by an auditing firm selected by the director in accordance with Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code. A copy of the audit shall be delivered to the director within 30 days after completion. (Added by renumbering Section 240 by Stats. 1994, Ch. 146, Sec. 50. Effective January 1, 1995.)
  136. 239.5.

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.5. Agriculture Trust Fund [230 - 240.5] ( Article 2.5 added by Stats. 1993, Ch. 872, Sec. 2. )

    Verify source ↗

    The director may determine whether money deposited under Section 232 can be invested, and that money may be invested or reinvested in certain Government Code securities.

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.5. Agriculture Trust Fund [230 - 240.5] ( Article 2.5 added by Stats. 1993, Ch. 872, Sec. 2. ) ## 239.5. Any money that is deposited pursuant to Section 232, which the director determines is available for investment, may be invested or reinvested in any of the securities described in Article 1 (commencing with Section 16430) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code. (Added by renumbering Section 241 (as added by Stats. 1993, Ch. 872) by Stats. 1994, Ch. 146, Sec. 51. Effective January 1, 1995.)
  137. 23981.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Transportation [23981- 23981.] ( Chapter 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person must not transport sheep unless the sheep are accompanied by a bill of lading showing the owner’s name and the sheep’s destination.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Transportation [23981- 23981.] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## 23981. A person shall not transport any sheep, unless the sheep are accompanied by a bill of lading which shows all of the following: (a) The name of the owner of the sheep. (b) The destination of the sheep. (Enacted by Stats. 1967, Ch. 15.)
  138. 24.

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

    Verify source ↗

    This section declares that the state enacted the provision to protect public health and welfare, recognizes the floriculture and nursery industry as serving the public interest, and treats greenhouse production as equivalent to open-field production for these products.

    ## Food and Agricultural Code - FAC ## GENERAL PROVISIONS AND DEFINITIONS ( General Provisions enacted by Stats. 1967, Ch. 15. ) ## 24. It is hereby declared, as a matter of legislative determination, that the provisions of this section are enacted in the exercise of the power of this state for the purpose of protecting and furthering the public health and welfare. It is further declared that the floriculture and nursery industry of this state is affected with a public interest, in that, among other things: (a) The production, processing, manufacture, and distribution of floriculture and nursery products constitute a paramount industry of this state which not only provides substantial and required revenues for the state and its political subdivisions by tax revenues and other means, and employment and a means of livelihood for many thousands of its population, but also furnishes substantial employment to related industries that are vital to the public health and welfare. (b) Basic research and development for floriculture and the nursery industries contribute substantially to food production in this state which is essential to the welfare and health of its citizens. It is also declared that the elimination of disorderly marketing of California floricultural and nursery products, and the development of new and larger markets through education, promotion and other means for these products, are affected with the public interest. (c) All production of floriculture and nursery products in greenhouses shall be deemed equivalent to the production of floricultural products in open fields. (Amended by Stats. 2005, Ch. 605, Sec. 3. Effective January 1, 2006.)
  139. 24.5.

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

    Verify source ↗

    Plants growing in native stands or planted for ornamental purposes are treated as part of the agricultural industry for pest-protection laws.

    ## Food and Agricultural Code - FAC ## GENERAL PROVISIONS AND DEFINITIONS ( General Provisions enacted by Stats. 1967, Ch. 15. ) ## 24.5. Inasmuch as plants growing in native stands or planted for ornamental purposes contribute to the environmental and public health and welfare needs of the people of the state, the Legislature hereby finds and declares that such plants shall be considered as a part of the agricultural industry for the purpose of any law that provides for the protection of the agricultural industry from pests. (Added by Stats. 1975, Ch. 1000.)
  140. 240.

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.5. Agriculture Trust Fund [230 - 240.5] ( Article 2.5 added by Stats. 1993, Ch. 872, Sec. 2. )

    Verify source ↗

    Trust-fund money may be used only for certain unanticipated administration costs, and programs that use it must repay the fund on a director-approved schedule.

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.5. Agriculture Trust Fund [230 - 240.5] ( Article 2.5 added by Stats. 1993, Ch. 872, Sec. 2. ) ## 240. The moneys in the trust fund shall be disbursed only to pay for costs arising from unanticipated occurrences associated with administering self-funded programs. These costs shall include, but are not limited to: attorney costs related to litigation; workers’ compensation costs; unemployment costs; phaseout costs of existing programs; and temporary funding for programs that are implementing a fee increase. Any program using the moneys from the trust fund shall repay the trust fund based on a schedule approved by the director. In addition to the costs specified above, the director may impose a charge in the amount necessary to cover the department’s costs in administering this article. (Added by renumbering Section 242 (as added by Stats. 1993, Ch. 872) by Stats. 1994, Ch. 146, Sec. 52. Effective January 1, 1995.)
  141. 240.5.

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.5. Agriculture Trust Fund [230 - 240.5] ( Article 2.5 added by Stats. 1993, Ch. 872, Sec. 2. )

    Verify source ↗

    This article must be interpreted liberally, and if any part is invalid, the rest remains effective if it can still operate without the invalid part.

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.5. Agriculture Trust Fund [230 - 240.5] ( Article 2.5 added by Stats. 1993, Ch. 872, Sec. 2. ) ## 240.5. This article shall be liberally construed. If any provision of this article or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the article that can be given effect without the invalid provision or application, and to this end the provisions of this article are severable. (Added by renumbering Section 243 (as added by Stats. 1993, Ch. 872) by Stats. 1994, Ch. 146, Sec. 53. Effective January 1, 1995.)
  142. 24000.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Drugging of Horses [24000 - 24018] ( Chapter 8 repealed and added by Stats. 1980, Ch. 1033. )

    Verify source ↗

    The Legislature states that the public has an interest in public equine events and public horse sales, and that this chapter aims to protect their integrity by controlling certain substances while allowing some therapeutic use at horse shows and competitions.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Drugging of Horses [24000 - 24018] ( Chapter 8 repealed and added by Stats. 1980, Ch. 1033. ) ## 24000. The Legislature finds and declares the following: (a) That the public has a valuable interest in public equine events and public horse sales. (b) That it is the intent of this chapter to ensure the integrity of public equine events and public horse sales through the control of performance- and disposition-enhancing substances while limiting permitted therapeutic usage at horse shows and competitions. (Amended by Stats. 2018, Ch. 289, Sec. 7. (AB 3252) Effective January 1, 2019.)
  143. 24001.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Drugging of Horses [24000 - 24018] ( Chapter 8 repealed and added by Stats. 1980, Ch. 1033. )

    Verify source ↗

    This section defines key terms for the chapter on drugging of horses and sets the criteria for events and sales covered by the chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Drugging of Horses [24000 - 24018] ( Chapter 8 repealed and added by Stats. 1980, Ch. 1033. ) ## 24001. For purposes of this chapter: (a) “Event” means a public equine event or public horse sale that is held in the state, including a cutting horse competition, an endurance riding competition, a competitive trail competition, or any other competition as determined by the department by regulation. (b) An equine event that is subject to this chapter shall meet all of the following criteria: (1) Money, goods, or services are exchanged for the right to compete. (2) Individuals compete for a single set of placings, points, or awards at the equine event. (3) (A) For one-day events, the entry fee to enter a single class exceeds fifteen dollars ($15) and either no other fees are charged or other fees charged exceed sixty dollars ($60). Fees charged may include ground fees, stall fees, or any other fees composed of money, goods, or services assessed to permit competitors to enter into the event. (B) The secretary may, by regulation, increase the amounts specified in subparagraph (A), in consultation with the advisory committee appointed pursuant to Section 24013.5. (c) Sales that are subject to this chapter are public sales that permit a horse to be consigned for public sale. (d) The following events are excluded from this chapter: (1) Competitions subject to the jurisdiction of the California Horse Racing Board. (2) Sales consisting solely of racing stock. (3) Parade horse competitions. (4) A timed rodeo-related performance competition when held apart from a horse show, including, but not limited to, rodeo, roping club, cattle team penning, barrel racing, and gymkhana. (e) “Event manager” means the person in charge of an event, including the entity or individual financially responsible for the event that is responsible for registering the event with the department, and who is responsible for the assessment, collection, and remittance of fees. “Event manager” includes horse show secretaries and managers, competitive event managers, and horse sale managers and sale owners. (f) “Horse” means all horses, mules, and asses. (g) “Licensed veterinarian” means a person licensed as a veterinarian by the State of California. (h) “Prohibited substance” means a stimulant, depressant, tranquilizer, anesthetic, including any local anesthetic, sedative analgesic, corticosteroid, anabolic steroid, or agent that would sore a horse, that could affect the performance, soundness, or disposition of a horse, or any drug, regardless of how harmless or innocuous it might otherwise be, that could interfere with the detection of any prohibited substance, including any metabolite or derivative of any prohibited substance. (i) “Permissible substance” means a substance for which the department has established a limitation on dosage or a maximum permissible detectable level for the purposes provided in Section 24000. (j) “Therapeutic administration” means the administration of a drug, medicine, or other substance that is necessary for the treatment of an illness or injury diagnosed by a licensed veterinarian. The administration of a prescription drug, medicine, or other substance shall only be as given or prescribed by the licensed veterinarian. The administration of a nonprescription drug, medicine, or other substance shall be in accordance with the directions on the manufacturer’s label. (k) “Exempt medication” means an oral or topical medication containing prohibited substances determined by the department to be exempt from this chapter when administered therapeutically. (l) “Public equine event” means a horse show or competition that permits a person to enter a horse for show or competition in exchange for money, goods, or services. Any club or group that permits people to join or enter into competition in exchange for money, goods, or services, is “public” for purposes of this chapter. (m) “Public horse sale” is a sale that consigns a horse in exchange for money, goods, or services, excluding sales consisting solely of racing stock. (n) “Stimulant or depressant” means a medication that stimulates or depresses the circulatory, respiratory, or central or peripheral nervous system. (o) To “sore” means to apply an irritating or blistering agent internally or externally for the purpose of affecting the performance, soundness, or disposition of a horse. (p) “Trainer” means a person who has the responsibility for the care, training, custody, or performance of a horse, including, but not limited to, a person who signs any entry blank of a public equine event or public horse sale, whether that person is an owner, rider, agent, coach, adult, or minor. (Amended by Stats. 2025, Ch. 447, Sec. 1. (AB 1142) Effective January 1, 2026.)
  144. 24002.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Drugging of Horses [24000 - 24018] ( Chapter 8 repealed and added by Stats. 1980, Ch. 1033. )

    Verify source ↗

    The secretary has jurisdiction over all events under this chapter and must administer and enforce it.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Drugging of Horses [24000 - 24018] ( Chapter 8 repealed and added by Stats. 1980, Ch. 1033. ) ## 24002. The secretary has jurisdiction of all events under this chapter and shall administer and enforce this chapter. (Amended by Stats. 2009, Ch. 262, Sec. 1. (AB 945) Effective January 1, 2010.)
  145. 24003.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Drugging of Horses [24000 - 24018] ( Chapter 8 repealed and added by Stats. 1980, Ch. 1033. )

    Verify source ↗

    Modern therapeutic measures for horses may be used to improve and protect horses’ health, unless another law prohibits it.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Drugging of Horses [24000 - 24018] ( Chapter 8 repealed and added by Stats. 1980, Ch. 1033. ) ## 24003. Except as otherwise prohibited by law, the full use of modern therapeutic measures for the improvement and protection of the health of the horses is permitted. (Amended by Stats. 1994, Ch. 227, Sec. 3. Effective January 1, 1995.)
  146. 24004.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Drugging of Horses [24000 - 24018] ( Chapter 8 repealed and added by Stats. 1980, Ch. 1033. )

    Verify source ↗

    A horse may not be shown in any class at an event if it has been given a prohibited substance or a permissible substance used in violation of this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Drugging of Horses [24000 - 24018] ( Chapter 8 repealed and added by Stats. 1980, Ch. 1033. ) ## 24004. A horse shall not be shown in any class at an event if it has been administered in any manner a prohibited substance or permissible substance in violation of this chapter. (Amended by Stats. 2018, Ch. 289, Sec. 9. (AB 3252) Effective January 1, 2019.)
  147. 24005.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Drugging of Horses [24000 - 24018] ( Chapter 8 repealed and added by Stats. 1980, Ch. 1033. )

    Verify source ↗

    A trainer or owner is responsible for a horse’s condition, and a trainer who is unable to perform duties must immediately notify the event secretary or manager and appoint a substitute.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Drugging of Horses [24000 - 24018] ( Chapter 8 repealed and added by Stats. 1980, Ch. 1033. ) ## 24005. The trainer or owner, or both the trainer and owner, in the absence of substantial evidence to the contrary, is responsible for a horse’s condition and is charged with knowledge of the provisions contained in this chapter and the rules and regulations adopted pursuant to this chapter. If a trainer is prevented from performing his or her duties, including responsibility for the condition of a horse in his or her care, by illness or other cause, or is absent from any event where a horse under his or her care is entered and stabled, the trainer shall immediately notify the secretary or manager of the event, and at the same time a substitute shall be appointed by the trainer. The substitute shall place his or her name on the entry blank at that time. The substitute shall have the same responsibilities as the substituted trainer would have had for the condition of any horse in his or her care. (Amended by Stats. 2013, Ch. 116, Sec. 5. (AB 1388) Effective January 1, 2014.)
  148. 24006.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Drugging of Horses [24000 - 24018] ( Chapter 8 repealed and added by Stats. 1980, Ch. 1033. )

    Verify source ↗

    People involved in administering prohibited substances to horses can be penalized, and trainers and owners must comply with the chapter after veterinarian-directed medical therapy.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Drugging of Horses [24000 - 24018] ( Chapter 8 repealed and added by Stats. 1980, Ch. 1033. ) ## 24006. A trainer, owner, or both the trainer and owner, event manager, or any person who administers, attempts to administer, instructs, authorizes, aids, conspires with another to administer, or employs anyone who administers or attempts to administer a prohibited substance to a horse in violation of this chapter shall be subject to the penalties provided in this chapter that are applicable to the trainer or owner. The trainer and owner are both responsible for complying with this chapter after any course of medical therapy has been administered or prescribed by a licensed veterinarian employed by either the trainer or owner to examine and treat a horse. A licensed veterinarian who is employed by a trainer or owner to examine and treat a horse is not subject to the penalties provided in this chapter solely on account of that examination and treatment or prescription. (Amended by Stats. 2013, Ch. 116, Sec. 6. (AB 1388) Effective January 1, 2014.)
  149. 24007.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Drugging of Horses [24000 - 24018] ( Chapter 8 repealed and added by Stats. 1980, Ch. 1033. )

    Verify source ↗

    Section 24007 lets the secretary penalize, suspend, and collect forfeitures from trainers, owners, and suspended persons involved in drugging violations for horses.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Drugging of Horses [24000 - 24018] ( Chapter 8 repealed and added by Stats. 1980, Ch. 1033. ) ## 24007. (a) In addition to any other penalty or fine prescribed by law, a trainer or owner, or both the trainer and owner, of a horse found to have received a prohibited substance or permissible substance in violation of this chapter, or determined to be in violation of Section 24009 shall be subject to a civil penalty of not less than one hundred dollars ($100) or more than ten thousand dollars ($10,000) for each violation, to be recovered by the secretary in any court of competent jurisdiction. (b) In addition to the penalty specified in subdivision (a) or any other penalty or fine prescribed by law, the secretary may suspend any trainer or owner, or both the trainer and owner, from all competitions at any public horse show or competition for a period of not less than 90 days or more than one year for each violation. It is unlawful for any person suspended from competition by the secretary to compete in any public horse show or competition during the period of suspension. Any person suspended from competition by the secretary who competes in any public horse show or competition during the period of suspension is subject to the civil penalty prescribed by subdivision (a) for each entry during the period of suspension. (c) The owner or owners of a horse found to have received a prohibited substance or permissible substance in violation of this chapter or determined to be in violation of Section 24009 shall forfeit all prize money or sweepstakes and any trophies, ribbons, and points won at any public horse show or competition by the horse and the same shall be redistributed by the horse show or competition in accordance with its rules or bylaws. The owner shall pay a fee of fifty dollars ($50) to the public horse show or competition. The horse may be suspended for any period of time specified by the secretary. If the violation occurs at a horse sale, the contract of sale is voidable at the buyer’s discretion. (d) In lieu of civil prosecution by the secretary, the secretary may levy a civil penalty against a person violating any provision of this chapter. (e) 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, including the right to review the secretary’s evidence and a right to present evidence on his or her own behalf. (f) Review of the decision of the secretary may be sought by the person against whom the penalty was levied within 30 days of the date of the decision pursuant to Section 1094.5 of the Code of Civil Procedure. (g) After the exhaustion of the review procedure provided in this section, the secretary or his or her representative, may file a certified copy of a final decision of the secretary that directs the payment of a civil penalty and, if applicable, any order that denies a petition for a writ of administrative mandamus, with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order. No fees shall be charged by the clerk of the superior court for the performance of any official service required in connection with the entry of judgment pursuant to this section. (Amended by Stats. 2018, Ch. 289, Sec. 10. (AB 3252) Effective January 1, 2019.)
  150. 24008.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Drugging of Horses [24000 - 24018] ( Chapter 8 repealed and added by Stats. 1980, Ch. 1033. )

    Verify source ↗

    Horses at events may be examined by or under a licensed veterinarian’s direction, including testing, and the veterinarian may appoint technicians and agents with department approval.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Drugging of Horses [24000 - 24018] ( Chapter 8 repealed and added by Stats. 1980, Ch. 1033. ) ## 24008. A horse at an event is subject to examination under the direction of a licensed veterinarian of the department or agent of the licensed veterinarian. The appointed licensed veterinarian, with the approval of the department, may appoint technicians and agents to perform certain duties under this chapter that are not prohibited by other provisions of law. The examination may include physical, urine, or blood tests, or any other test or procedure at the discretion of the licensed veterinarian, that is necessary to effectuate the purposes of this chapter. Any or all horses in or from a class or all classes in an event or any horse entered into or from any class or competition or sale, whether in competition or not, if the horse is on the show or sale grounds, or any horse withdrawn by any person or trainer within 24 hours before a class for which it has been entered as well as any horse withdrawn from any horse sale, may be examined. (Amended by Stats. 2013, Ch. 116, Sec. 7. (AB 1388) Effective January 1, 2014.)
  151. 24009.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Drugging of Horses [24000 - 24018] ( Chapter 8 repealed and added by Stats. 1980, Ch. 1033. )

    Verify source ↗

    A horse selected for testing must have a suitable sample collected unless the drug testing agent releases it from testing, and refusing examination or cooperation is a violation with penalties.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Drugging of Horses [24000 - 24018] ( Chapter 8 repealed and added by Stats. 1980, Ch. 1033. ) ## 24009. Whether a horse is in competition or not, refusal to submit a horse in an event for examination, or refusal to cooperate with the licensed veterinarian, or his or her technicians and agents, shall constitute a violation of, and subject the responsible person to, the same penalties that are applicable to prohibited substances or permissible substances under Section 24007. A suitable sample shall be collected from a horse selected for testing by a drug testing agent of the department unless the agent releases the horse from testing. (Amended by Stats. 2018, Ch. 289, Sec. 11. (AB 3252) Effective January 1, 2019.)
  152. 24010.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Drugging of Horses [24000 - 24018] ( Chapter 8 repealed and added by Stats. 1980, Ch. 1033. )

    Verify source ↗

    Horse drug tests can be prima facie evidence of administration, and the secretary must hold a hearing after a positive chemist report unless stated exceptions apply.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Drugging of Horses [24000 - 24018] ( Chapter 8 repealed and added by Stats. 1980, Ch. 1033. ) ## 24010. If the chemical analysis of blood, urine, saliva, or other samples taken from a horse indicate the presence of a prohibited substance or permissible substance or any metabolite or derivative thereof, it shall be prima facie evidence that the prohibited substance or permissible substance has been administered to the horse. A hearing shall be held when a positive report is received from a chemist identifying a prohibited substance or permissible substance in violation of this chapter, or any metabolite or derivative thereof, unless the requirements of Section 24011 have been met or the prohibited substance or permissible substance consists solely of an exempt medication. The trainer or owner, or both the trainer and owner, responsible for the condition of the horse shall not be subject to the penalty prescribed under this chapter or suspended, and no horse shall be barred from competition until after the conclusion of the hearing and a written ruling thereon has been made by the secretary. (Amended by Stats. 2018, Ch. 289, Sec. 12. (AB 3252) Effective January 1, 2019.)
  153. 24011.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Drugging of Horses [24000 - 24018] ( Chapter 8 repealed and added by Stats. 1980, Ch. 1033. )

    Verify source ↗

    A horse treated with a prohibited substance cannot be shown, competed, or sold unless the required written facts are submitted and the stated medication-report rules are met.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Drugging of Horses [24000 - 24018] ( Chapter 8 repealed and added by Stats. 1980, Ch. 1033. ) ## 24011. (a) A horse that has received a prohibited substance shall not be eligible for show, competition, or sale, unless the following requirements have been met and the facts requested are submitted to the department in writing: (1) Medication shall be therapeutic and necessary for treatment of an illness or injury. (2) A horse shall be withdrawn from a show or competition for a period of not less than 24 hours after a prohibited substance is administered, unless the department determines a different withdrawal period for a specific prohibited substance or class of substances. A horse shall be withdrawn from a public sale for a period of not less than 72 hours after a prohibited substance or permissible substance is administered. The withdrawal period for anabolic steroids is 90 days after administration and the withdrawal period for fluphenazine or reserpine is 45 days after administration. (3) The medication shall be administered by a licensed veterinarian, the trainer, or the owner. (4) Medication shall be identified as to the amount, strength, and mode of administration. (5) The statement shall include the date and time of administration of the medication. (6) The horse shall be identified by its name, age, sex, color, and entry number. (7) The statement shall contain the diagnosis of the attending veterinarian and reason for administering the medication. (8) The statement shall be signed by the person administering the medication. (9) The statement shall be filed with the event manager of the public equine event or general manager of the public horse sale within one hour after administration or one hour after the event manager of the event returns to duty, if administration is at a time other than during show or sale hours. (10) The statement shall be signed by the event manager or his or her designated representative and time of receipt recorded on the statement by the event manager or his or her designated representative. (b) If the chemical analysis of the sample taken from a horse treated indicates the presence of a prohibited substance and all the requirements of this section have been fully complied with, the information contained in the medication report and any other relevant evidence shall be considered at any hearing provided under this chapter in determining whether any provision of this chapter has been violated. (Amended by Stats. 2018, Ch. 289, Sec. 13. (AB 3252) Effective January 1, 2019.)
  154. 24011.6.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Drugging of Horses [24000 - 24018] ( Chapter 8 repealed and added by Stats. 1980, Ch. 1033. )

    Verify source ↗

    Therapeutic administration of a permissible substance is allowed before and during events, except public auctions, if dosage and detectable levels stay within department-set limits.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Drugging of Horses [24000 - 24018] ( Chapter 8 repealed and added by Stats. 1980, Ch. 1033. ) ## 24011.6. The therapeutic administration of a permissible substance is permitted before and during all events except public auctions, provided that the dosage does not exceed any limits, or result in levels that exceed maximum permissible detectable levels, established by the department by regulation for the purposes provided in Section 24000. (Amended by Stats. 2018, Ch. 289, Sec. 14. (AB 3252) Effective January 1, 2019.)
  155. 24012.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Drugging of Horses [24000 - 24018] ( Chapter 8 repealed and added by Stats. 1980, Ch. 1033. )

    Verify source ↗

    Event managers must collect the applicable horse fee, remit it to the department with the assessment report within 15 days, keep records for two years, and provide the records on request. Late or unpaid amounts trigger a civil penalty and interest.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Drugging of Horses [24000 - 24018] ( Chapter 8 repealed and added by Stats. 1980, Ch. 1033. ) ## 24012. (a) (1) To provide funds for enforcement of this chapter, the event manager of every event shall charge and collect the applicable fee for each horse entered or exhibited in the event, and each horse consigned for public sale. The secretary may, by regulation, set the applicable fee, in consultation with the advisory committee appointed pursuant to Section 24013.5, at an amount necessary to carry out this chapter. An event manager shall be notified of the applicable fee at the time of registration of an event. The event manager of the registered event shall remit the fee established pursuant to this section, in addition to the completed assessment report for the registered event, as prescribed by the secretary, to the department within 15 days after completion of the event. The event manager shall maintain event records for a period of two years after the completion of the event. Upon request by the department, the event records shall be made available to the department for inspection and photocopying to enable verification of appropriate fee collection and remittance. (2) Notwithstanding Section 24001, a show event held over multiple consecutive days, with a different judge on each day, that is registered and managed by the same event manager on the same premises, shall be considered one event for the purpose of the assessment of the fee. (b) An event manager who does not pay to the department the full amount that is due pursuant to this section shall pay a civil penalty of 10 percent of the amount due plus interest at the rate of 11/2 percent per month of the unpaid balance computed from the date of the event. The event manager is personally liable for fees and penalties owed the department pursuant to this section. (c) Fees and penalties collected pursuant to this section shall be deposited in the Department of Food and Agriculture Fund. Funds received by the department from fees and penalties pursuant to this section shall be used exclusively to carry out the intent and purposes of this chapter, including, but not limited to, pharmacological studies, drug testing, and drug research, inspection for drugs, prosecution of alleged offenders, administrative costs, attorney’s and expert witness fees, and any other costs necessary to carry out this chapter. (Amended by Stats. 2014, Ch. 71, Sec. 60. (SB 1304) Effective January 1, 2015.)
  156. 24013.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Drugging of Horses [24000 - 24018] ( Chapter 8 repealed and added by Stats. 1980, Ch. 1033. )

    Verify source ↗

    The secretary must adopt reasonable regulations, create an exempt medications list, share the list with the event manager when an event is registered, make it available on request, and consult the advisory committee before adopting regulations.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Drugging of Horses [24000 - 24018] ( Chapter 8 repealed and added by Stats. 1980, Ch. 1033. ) ## 24013. (a) The secretary shall adopt those reasonable rules and regulations as are necessary to carry out this chapter. (b) The secretary shall adopt an exempt medications list that identifies all exempt medications. All changes to the list shall take effect on January 1 of the following year. At the time an event is registered pursuant to Section 24015, a copy of the exempt medications list shall be provided to the event manager for reference purposes. The exempt medications list shall also be made available to any person upon request. (c) In making and adopting regulations, the secretary shall first consult with the advisory committee appointed pursuant to Section 24013.5. (Amended by Stats. 2002, Ch. 434, Sec. 10. Effective January 1, 2003.)
  157. 24013.5.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Drugging of Horses [24000 - 24018] ( Chapter 8 repealed and added by Stats. 1980, Ch. 1033. )

    Verify source ↗

    The secretary must appoint an advisory committee. The committee must meet at least yearly, elect a chairperson at its first meeting, and submit nominee names to the secretary when requested. The secretary may appoint a public member, and that member has the same voting rights and immunities as other members.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Drugging of Horses [24000 - 24018] ( Chapter 8 repealed and added by Stats. 1980, Ch. 1033. ) ## 24013.5. (a) The secretary shall appoint an advisory committee to serve without compensation. The committee shall meet at least once a year, however, the chairperson may call for additional meetings as the chairperson determines are necessary. The committee shall elect a chairperson at its first meeting after appointment. Thereafter selection of the chairperson shall take place as deemed appropriate by, and at the pleasure of, the committee. (b) (1) Members of the committee and their alternates may include, but not be limited to, representation from the California State Horsemen’s Association, the Equestrian Trails, Inc., the California Professional Horsemen’s Association, the Los Angeles Hunter Jumper Association, the California Dressage Society, the Pacific Coast Quarter Horse Association, the Central California Quarter Horse Association, the department, the North American Trail Ride Conference, the United States Equestrian Federation, the University of California School of Veterinary Medicine, the Appaloosa Horse Club, the Arabian Horse Association, the Pinto Horse Association of America, the California Veterinary Medical Association, the NorCal Hunter Jumper Association, the California Farm Bureau Federation, the California Gymkhana Association, the American Morgan Horse Association, the Pacific Coast Cutting Horse Association, the Pacific Coast Horse Shows Association, and any other organization the secretary deems appropriate. (2) The advisory committee members and their alternates shall be representative of the industry that this chapter regulates. The members of the committee may also include, but are not limited to, representatives of breed associations represented within the state and other organizations with an interest in the deterrence of drug abuse in the industry that this chapter regulates. (c) (1) In addition, the secretary may appoint one public member to the committee. (2) Upon the secretary’s request, the committee shall submit to the secretary the names of three or more natural persons, each of whom shall be a citizen and resident of this state for appointment by the secretary as a public member and an alternate public member of the committee. The secretary may appoint one of the nominees as the public member on the committee. If all nominees are unsatisfactory to the secretary, the committee shall continue to submit lists of nominees until the secretary has made a selection. Any vacancy in the office of the public member of the committee shall be filled by appointment by the secretary from the nominee or nominees similarly qualified and submitted by the committee. The public member of the committee shall represent the interests of the general public in all matters considered by the committee and shall have the same voting and other rights and immunities as other members of the committee. (Amended by Stats. 2024, Ch. 559, Sec. 72. (AB 2143) Effective January 1, 2025.)
  158. 24014.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Drugging of Horses [24000 - 24018] ( Chapter 8 repealed and added by Stats. 1980, Ch. 1033. )

    Verify source ↗

    The Legislature states that advisory committee appointees should represent the industry they are selected to represent and further that industry’s interests in the public interest.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Drugging of Horses [24000 - 24018] ( Chapter 8 repealed and added by Stats. 1980, Ch. 1033. ) ## 24014. It is the intent of the Legislature that each of the persons appointed to the advisory committee pursuant to Section 24013.5 represent and further the interests of the industry that person is selected to represent, and that this representation and furtherance serve the public interest. Accordingly, the Legislature finds that, with respect to each person who is appointed to the committee, the industry represented is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code. (Amended by Stats. 1996, Ch. 124, Sec. 27. Effective January 1, 1997.)
  159. 24015.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Drugging of Horses [24000 - 24018] ( Chapter 8 repealed and added by Stats. 1980, Ch. 1033. )

    Verify source ↗

    Event managers must register events with the department and file a completed registration form at least 60 days before the event begins, unless the secretary’s regulations say otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Drugging of Horses [24000 - 24018] ( Chapter 8 repealed and added by Stats. 1980, Ch. 1033. ) ## 24015. (a) Every event shall be registered with the department, unless otherwise prescribed by the secretary by regulation. The event manager of an event shall file a completed registration form with the department, as prescribed by the secretary, at least 60 days before the beginning of the event, which shall constitute the registration of the event. (b) An event manager who fails to register an event required to be registered pursuant to this chapter is subject to a civil penalty to be levied by the secretary in an amount not less than one hundred dollars ($100) or more than two thousand five hundred dollars ($2,500). In determining the amount of the penalty, the secretary shall consider any previous violations, and whether the event manager cooperated in good faith with the department. (c) In addition to the civil penalty specified in subdivision (b), the secretary may, after notice and an opportunity for a hearing, suspend the event manager from hosting or managing a public equine event for a period of not less than 90 days or more than one year for each violation. It is unlawful for an event manager suspended from hosting or managing a public equine event by the secretary to conduct a public equine event during the period of suspension. An event manager suspended by the secretary from hosting or managing a public equine event, who hosts or manages a public equine event during the period of suspension, is subject to the civil penalty prescribed by subdivision (b) for each public equine event held during the period of suspension. (Amended by Stats. 2013, Ch. 116, Sec. 13. (AB 1388) Effective January 1, 2014.)
  160. 24016.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Drugging of Horses [24000 - 24018] ( Chapter 8 repealed and added by Stats. 1980, Ch. 1033. )

    Verify source ↗

    This section excludes certain racehorse-related sales from the chapter’s effect, but the exemption does not apply to racehorses in a competition, show, or sale covered by the chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Drugging of Horses [24000 - 24018] ( Chapter 8 repealed and added by Stats. 1980, Ch. 1033. ) ## 24016. No provision contained in this chapter shall in any way affect existing statutes governing horseracing or affect horse sales or horse auction sales when such sales are solely for the sale of racehorses or breeding stock that is used in the production of racehorses and when such sales are held or conducted on the premises of any racing association under the jurisdiction of, and with the authorization and approval of, the California Horse Racing Board. “Racehorse” as used in this section means each live horse, including a stallion, mare, gelding, ridgeling, colt, or filly, that is eligible to participate in a horseracing contest in California wherein parimutuel racing is permitted under rules and regulations prescribed by the California Horse Racing Board. The exemption provided in this section shall not apply with respect to racehorses participating in a competition, show, or sale covered by this chapter. (Added by Stats. 1980, Ch. 1033.)
  161. 24017.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Drugging of Horses [24000 - 24018] ( Chapter 8 repealed and added by Stats. 1980, Ch. 1033. )

    Verify source ↗

    This chapter does not apply to certain young horses sold at a public horse sale if required public notice about any drug or medication has been given.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Drugging of Horses [24000 - 24018] ( Chapter 8 repealed and added by Stats. 1980, Ch. 1033. ) ## 24017. This chapter shall not apply to any horse one year of age or less entered in any public horse sale, if public notice of the administering of any drug or medication has been given as prescribed by the secretary. (Amended by Stats. 2002, Ch. 434, Sec. 11. Effective January 1, 2003.)
  162. 24018.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Drugging of Horses [24000 - 24018] ( Chapter 8 repealed and added by Stats. 1980, Ch. 1033. )

    Verify source ↗

    The secretary may accept donations for horse-drugging control, and collected fines, penalties, fees, and donations must be deposited in the Department of Food and Agriculture Fund and used to carry out this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Drugging of Horses [24000 - 24018] ( Chapter 8 repealed and added by Stats. 1980, Ch. 1033. ) ## 24018. The secretary may accept on behalf of the state, donations of money from any person, association, or agency interested in the control of drugging of horses. Any fines, penalties, fees, or donations collected by the secretary under this chapter shall be deposited in the Department of Food and Agriculture Fund. Any interest earned from the investment of moneys derived pursuant to this chapter shall also be deposited in the fund. These moneys shall be used by the department to carry out this chapter. (Amended by Stats. 1994, Ch. 227, Sec. 14. Effective January 1, 1995.)
  163. 241.

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Interdepartmental Expenses [241 - 243] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may charge certain department units their share of administrative expenses.

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Interdepartmental Expenses [241 - 243] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 241. The director may charge any bureau, division, board, or other agency of the department which is supported otherwise than by the appropriations from the General Fund its proportionate share of the administrative expense of the department, or a share in an amount which is computed to reasonably compensate the department for the administative services which are rendered by it. (Enacted by Stats. 1967, Ch. 15.)
  164. 24101.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. )

    Verify source ↗

    This chapter may be cited as the Equine Protection Act of 1991.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. ) ## 24101. This chapter shall be known and may be cited as the Equine Protection Act of 1991. (Added by Stats. 1991, Ch. 747, Sec. 2.)
  165. 24102.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. )

    Verify source ↗

    This section defines “animal,” “program,” and “slaughter” for this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. ) ## 24102. For purposes of this chapter: (a) “Animal” means a horse, pony, mule, or burro. (b) “Program” means the program of equine protection and identification of the department. (c) “Slaughter” means to kill an animal and prepare it for consumption by animals or human beings. (Added by Stats. 1991, Ch. 747, Sec. 2.)
  166. 24103.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. )

    Verify source ↗

    The department has a program for equine protection and identification.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. ) ## 24103. There is in the department a program of equine protection and identification. (Added by Stats. 1991, Ch. 747, Sec. 2.)
  167. 24104.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. )

    Verify source ↗

    A sheriff or other officer who receives a complaint about a lost or stolen animal must promptly send a report to the Bureau of Livestock Identification.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. ) ## 24104. Each sheriff or other officer to whom a complaint that relates to the loss or theft of any animal is made shall, in a timely manner, transmit to the Bureau of Livestock Identification a report that contains all of the following: (a) A complete description of each animal lost or stolen including approximate age, height, and weight, sex, breed, color, natural marks, scars, a description of each brand or tattoo and its location on the animal, and any other information that may be of use in identifying, locating and receiving the lost or stolen animal. (b) The county or city where the loss or theft occurred. (c) The approximate date and time of the loss or theft. (d) The law enforcement agency’s report identification or number. (e) The name, address, and telephone number of the law enforcement agency that completed the report. (f) The name of that law enforcement agency’s investigating officer to be contacted relating to the loss or theft. (Added by Stats. 1994, Ch. 431, Sec. 1. Effective January 1, 1995.)
  168. 24104.5.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. )

    Verify source ↗

    The Bureau of Livestock Identification must compile a report based on information received under Section 24104 and distribute it to all county sheriffs’ departments in a timely manner.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. ) ## 24104.5. The Bureau of Livestock Identification shall compile a report on information received pursuant to Section 24104. The bureau shall distribute the report to all county sheriffs’ departments in a timely manner. (Added by Stats. 1994, Ch. 431, Sec. 2. Effective January 1, 1995.)
  169. 24105.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. )

    Verify source ↗

    Department investigators cannot be required to investigate animal theft cases, and the law enforcement entity that filed the theft report must handle that investigation.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. ) ## 24105. No investigator of the program or any other employee of the department, in enforcing this chapter, shall be required to conduct any investigation that involves the theft of any animal. That investigation shall be conducted by the law enforcement entity that filed the theft report. However, an investigator of the program may assist the law enforcement entity that filed the theft report in the theft investigation. (Amended by Stats. 1993, Ch. 459, Sec. 1. Effective January 1, 1994.)
  170. 24106.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. )

    Verify source ↗

    Auction yard operators must check for animal identification, post identifying information when present, keep required sale records, and provide them on request. Auction sales also require a written bill of sale or equivalent document, and buyers must sign a sworn statement in covered auctions.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. ) ## 24106. (a) Before an animal may be sold at an auction, the operator of the auction yard shall determine whether the animal has an implanted microchip or has been tattooed or branded with an identifying mark. If the animal has an implanted microchip, a tattoo, or a brand, the operator of the auction yard shall post, on its internet website and through any active social media in which the operator of the auction yard participates, all identifying information, including any identification number contained in the microchip and a detailed description or picture of any tattoo or brand found on the animal. This information shall remain on the auction yard operator’s internet website and on the page of any active social media in which the operator of the auction yard participates for at least 24 hours after the initial posting. (b) No person shall purchase, consign, sell, or accept the donation of an animal at a public or private auction unless the seller or donor of the animal provides, and the purchaser or donee receives, at the time of delivery, a written bill of sale or any written instrument that contains all of the following information: (1) A description of each animal that is sold that includes its sex, breed, color, approximate height and weight, approximate age, natural marks, or identifying scars, and of each brand or tattoo and its location. If the animal has been branded or tattooed and registered with the Bureau of Livestock Identification in the department, the identification papers shall accompany the animal. (2) The name, address, signature, and motor vehicle driver’s license number of the person who sold or donated the animal. (3) The date of the transaction. (4) The name, address, and motor vehicle driver’s license number of the purchaser of the animal. (5) The name, address, and motor vehicle driver’s license number of any person who transports the animal to the purchaser or an auction yard. (c) Any person who purchases an animal at an auction described in subdivision (b) shall sign a sworn statement, under penalty of perjury, acknowledging and agreeing to comply with Sections 598c and 598d of the Penal Code. (d) For a minimum of one year following the date of sale of each animal sold at auction, the operator of the auction yard shall maintain appropriate records that accurately document compliance with this section. The operator of the auction yard shall provide access to the records and documents identified in subdivisions (a), (b), and (c) upon the request of the department, a law enforcement officer, an animal control agency, or a humane officer appointed pursuant to Section 14502 of the Corporations Code. (e) In addition to any other penalties available under law, a person who violates this section shall be subject to a civil penalty of one thousand dollars ($1,000) for the first offense and two thousand dollars ($2,000) for the second and each subsequent offense. (Amended by Stats. 2019, Ch. 765, Sec. 3. (AB 128) Effective January 1, 2020.)
  171. 24107.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. )

    Verify source ↗

    Auction yard operators and dealers handling animals destined for slaughter must keep written sales and purchase records for at least two years, and must show the record when asked by an investigator or peace officer.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. ) ## 24107. Every operator of an auction yard or dealer who handles animals destined for slaughter shall keep a written record of all sales and purchases made in the course of conducting the business for at least two years after making the final entry of any purchase, sale, or donation of an animal. The operator of an auction yard or the dealer shall show the record on demand to any investigator of the program or any peace officer. (Added by Stats. 1991, Ch. 747, Sec. 2.)
  172. 24108.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. )

    Verify source ↗

    People covered by this section must keep the chapter’s written records, show them or let copies be made on demand by a program investigator or peace officer, and keep them from being destroyed for two years after the final entry.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. ) ## 24108. Any person who does not keep the written records required by this chapter or who refuses, upon demand of any investigator of the program or any peace officer, to show the record, to allow copies to be made of the record, or who destroys the record within two years after making the final entry of any purchase, consignment, sale, or donation of any animal, is guilty of a misdemeanor. (Amended by Stats. 1992, Ch. 217, Sec. 2. Effective January 1, 1993.)
  173. 24109.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. )

    Verify source ↗

    Animals may not be shipped, transported, hauled, or delivered for slaughter unless an inspector of the program inspects them.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. ) ## 24109. (a) No animal, whether branded or not, shall be shipped, transported, hauled, or delivered for slaughter, unless it is inspected by an inspector of the program. (b) As part of the inspection required by this section, the inspector shall be provided a valid bill of sale containing the information designated in Section 24106 for each individual animal. (Added by Stats. 1991, Ch. 747, Sec. 2.)
  174. 24110.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. )

    Verify source ↗

    An inspector must seize an animal if a valid bill of sale with the information required by Section 24106 is not provided.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. ) ## 24110. An inspector shall seize any animal for which a valid bill of sale containing the information designated in Section 24106 is not provided. (Added by Stats. 1991, Ch. 747, Sec. 2.)
  175. 24111.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. )

    Verify source ↗

    A person must not remove any seized animal, or any animal otherwise in an inspector’s possession, unless another part of this chapter allows it.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. ) ## 24111. Except as otherwise provided in this chapter, it is unlawful for any person to remove from the possession of an inspector any animal seized or which is otherwise in the possession of an inspector. (Added by Stats. 1991, Ch. 747, Sec. 2.)
  176. 24112.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. )

    Verify source ↗

    If a branded animal is seized or in an inspector’s possession, the director must search the brand records to find the owner.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. ) ## 24112. If the animal which is seized or otherwise in the possession of the inspector is branded, the director shall cause a search to be made of the brand records to ascertain the owner. (Added by Stats. 1991, Ch. 747, Sec. 2.)
  177. 24113.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. )

    Verify source ↗

    If brands or marks are recorded, the director must immediately notify the person in whose name they are recorded by letter.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. ) ## 24113. If the brands or marks are recorded, the director shall immediately, by letter, notify the person in whose name the brands or marks are recorded. (Added by Stats. 1991, Ch. 747, Sec. 2.)
  178. 24114.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. )

    Verify source ↗

    If the owner of a seized animal cannot be identified, the director must post notice for 14 days and also periodically publish animal descriptions in a statewide horse-oriented publication; the notice must state the time and place of the proposed sale.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. ) ## 24114. If the owner cannot be ascertained, the director shall cause a notice of the seizure of the animal to remain posted for a period of 14 days on a bulletin board in each office of the Bureau of Livestock Identification. In addition to posting the notice, the director shall periodically publish a list of the descriptions of the animals, containing the information specified in Section 24106, in the classified section of a horse-oriented publication which is in general circulation throughout the State of California. The notices shall also state the time and place of the animal’s proposed sale. (Added by Stats. 1991, Ch. 747, Sec. 2.)
  179. 24115.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. )

    Verify source ↗

    A person claiming ownership of the animal may file proof of ownership with the director, but no later than 14 days after the first posting of the notice. The director must then determine the ownership claim.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. ) ## 24115. Any person that claims ownership of the animal may, at any time, but not later than 14 days after the first posting of the notice, file his or her proof of ownership with the director and the director shall proceed to determine the claim of ownership. (Added by Stats. 1991, Ch. 747, Sec. 2.)
  180. 24116.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. )

    Verify source ↗

    If ownership is shown to the director’s satisfaction, the animal must be returned to the owner after the owner pays all handling expenses.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. ) ## 24116. If ownership is proved to the satisfaction of the director, the animal shall be returned to the owner upon payment by the owner of all expenses which were incurred in the handling of the animal. (Added by Stats. 1991, Ch. 747, Sec. 2.)
  181. 24117.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. )

    Verify source ↗

    The director may dispose of an animal if it is in an inspector’s possession and needs immediate disposal. Any salvage proceeds above handling expenses must be paid to the person who proves ownership under Section 24116.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. ) ## 24117. If the animal at any time while in the possession of an inspector is in a condition which requires immediate disposal, the animal may be disposed of by the director. The proceeds from the salvage, if any, in excess of expenses which were incurred in the handling of the animal shall be paid to the person proving ownership pursuant to Section 24116. (Added by Stats. 1991, Ch. 747, Sec. 2.)
  182. 24118.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. )

    Verify source ↗

    If no satisfactory proof of ownership is provided within 14 days after notice, or the owner does not pay incurred expenses, the director must sell the animal.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. ) ## 24118. If after 14 days from the date of the first posting of notice, no satisfactory proof of ownership of the animal has been made, or if the owner fails or refuses to pay all expenses which were incurred, the director shall sell the animal. All sales which are made pursuant to this chapter convey a good and valid title to the purchaser. (Added by Stats. 1991, Ch. 747, Sec. 2.)
  183. 24119.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. )

    Verify source ↗

    Sale proceeds from any animal must be paid into the Department of Food and Agriculture Fund, and specified holding, advertising, sale, and incidental expenses must be paid from that fund.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. ) ## 24119. The proceeds from the sale of any animal shall be paid into, and the expenses of holding, advertising, sale, and other incidental expenses shall be paid from, the Department of Food and Agriculture Fund. (Added by Stats. 1991, Ch. 747, Sec. 2.)
  184. 24120.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. )

    Verify source ↗

    If someone proves ownership of an animal sold under this article within one year of the sale, the director must pay the net sale proceeds to that person.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. ) ## 24120. If any person shall, within one year after the date of the sale, prove to the satisfaction of the director his or her ownership of an animal which was sold pursuant to this article, the director shall order the net proceeds of the sale of the animal to be paid to that person. (Added by Stats. 1991, Ch. 747, Sec. 2.)
  185. 24121.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. )

    Verify source ↗

    If the program inspector determines the animal is offered by someone in lawful possession, the inspector must issue a certificate of inspection.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. ) ## 24121. If the inspector of the program determines that the person who offers the animal for inspection is in lawful possession, the inspector shall issue a certificate of inspection. (Added by Stats. 1991, Ch. 747, Sec. 2.)
  186. 24122.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. )

    Verify source ↗

    The inspector must sign the certificate of inspection and include specified inspection and animal details, plus shipping details and transport time when the animal is being transported.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. ) ## 24122. The certificate of inspection shall be signed by the inspector of the program and shall indicate all of the following: (a) The place and date of inspection and the number of animals inspected. (b) The sex, breed, color, approximate height and weight, approximate age, natural marks and identifying scars, and a description of each brand or tattoo and its location on each animal. (c) If the animal is to be transported, the names of the shipper and consignee and the point of origin and the final destination of the shipment. (d) If the animal is to be transported, the length of time necessary to transport the animal between the point of inspection and the point of final destination. The inspector shall determine the amount of time needed for this purpose, based upon the information provided to him or her at the time of inspection. The certificate issued pursuant to this section shall only be valid for transportation purposes during the period of time specified on the certificate by the inspector. (Added by Stats. 1991, Ch. 747, Sec. 2.)
  187. 24123.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. )

    Verify source ↗

    An inspector may not issue a certificate of inspection unless the inspector personally made the inspection between sunrise and sunset.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. ) ## 24123. It is unlawful for any inspector to issue a certificate of inspection unless he or she personally makes the inspection between sunrise and sunset. (Added by Stats. 1991, Ch. 747, Sec. 2.)
  188. 24124.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. )

    Verify source ↗

    A shipment of animals must include one copy of the certificate of inspection required by the chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. ) ## 24124. One copy of the certificate of inspection required by this chapter shall accompany the shipment of animals. (Added by Stats. 1991, Ch. 747, Sec. 2.)
  189. 24125.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. )

    Verify source ↗

    A person transporting an animal for slaughter must have a copy of the inspection certificate and must show it on demand to an investigator or peace officer, or face a civil penalty of up to $50 per animal.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. ) ## 24125. Any person who transports an animal destined for slaughter who does not have a copy of the certificate of inspection as required pursuant to this chapter or who refuses, upon demand of any investigator of the program or any peace officer, to exhibit a copy of the certificate, is subject to a civil penalty not to exceed fifty dollars ($50) for each animal. (Added by Stats. 1991, Ch. 747, Sec. 2.)
  190. 24126.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. )

    Verify source ↗

    A person may not alter, add to, or move animals covered by an issued certificate before shipment or slaughter is completed unless the issuing inspector gives written approval.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. ) ## 24126. It is unlawful for any person to remove any animal and substitute another for it, or to add any other animal or transport an animal from any lot of animals for which a certificate has been issued, until the shipment or slaughter is completed, unless the inspector who issued the certificate approves these actions in writing. A violation of this section is a misdemeanor. (Added by Stats. 1991, Ch. 747, Sec. 2.)
  191. 24127.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. )

    Verify source ↗

    Dealers who handle animals for slaughter must pay inspection fees, with different amounts depending on whether they ship 15 or more animals at a time or fewer than 15.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. ) ## 24127. (a) Each dealer who handles animals destined for slaughter, and who ships 15 or more animals at a time for slaughter, shall pay the inspector a service fee of twenty-five dollars ($25), in addition to a fee of up to ten dollars ($10) for each animal, as determined by the director. The inspection shall take place within 24 hours of the date of transportation. (b) Each dealer who handles animals destined for slaughter, and who ships less than 15 animals at a time for slaughter, shall pay the inspector for the actual cost of the inspection, as determined by the director. The inspection shall take place immediately prior to when the animal to be shipped is loaded onto the conveyance. (c) The fees shall be paid at the point of inspection of the animals. The revenue derived from these fees shall be deposited in the Department of Food and Agriculture Fund and, upon appropriation by the Legislature, shall be expended to carry out this chapter. The department shall maintain all internal accounting measures necessary to ensure that revenue derived pursuant to this chapter shall be kept separate from all other funds in the Department of Food and Agriculture Fund. The Governor’s budget submitted to the Legislature pursuant to Section 12 of Article IV of the California Constitution shall display the fiscal information for this program in accordance with Sections 13335, 13336, and 13337 of the Government Code. (Amended by Stats. 1992, Ch. 593, Sec. 1. Effective January 1, 1993.)
  192. 24128.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. )

    Verify source ↗

    An inspector must prepare a memorandum for each inspected animal and keep it for at least two years after the inspection.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. ) ## 24128. (a) The inspector shall make a memorandum which shows the number, sex, breed, color, approximate height and weight, approximate age, natural marks and identifying scars, and a description of each brand or tattoo and its location on each animal which is inspected, and the names of the owner or claimant, consignor, or consignee. (b) The memorandum of the inspection shall be retained for record purposes by the inspector for at least two years after the date of the inspection. (Added by Stats. 1991, Ch. 747, Sec. 2.)
  193. 24129.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. )

    Verify source ↗

    The department must keep inspection certificates for five years and keep them in a way that shows how many animals were inspected.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. ) ## 24129. The department shall maintain inspection certificates for a period of five years in a manner that shall disclose the number of animals that have been inspected. (Added by Stats. 1991, Ch. 747, Sec. 2.)
  194. 24130.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. )

    Verify source ↗

    People who buy or sell animals on consignment at a public or private salesyard must keep a certificate of consignment after each sale.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. ) ## 24130. Any person that is engaged in the business of buying or selling animals on consignment at any public or private salesyard shall keep after each sale, a certificate of consignment which contains all of the following information: (a) The name and address of the consignor. (b) A description of each animal which is sold that includes its sex, breed, color, approximate height and weight, approximate age, natural marks and identifying scars, and a description of each brand or tattoo and its location on each animal. (c) Reasonable proof of the ownership of the animal. (d) The license number of any vehicle which transports the animal to the salesyard. If the animal is transported in a trailer, the license number of both the trailer and the vehicle which pulls it shall be given. (e) The signature of the consignor. (Added by Stats. 1991, Ch. 747, Sec. 2.)
  195. 24131.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. )

    Verify source ↗

    People subject to Section 24130 must keep the certificate of consignment on file for at least two years after the sale, and it must be presented when a peace officer or program agent demands it.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. ) ## 24131. Any person subject to Section 24130 shall retain the certificate of consignment on file for a period of at least two years after the sale. The certificates of consignment shall be presented on demand of any peace officer or any agent of the program. (Added by Stats. 1991, Ch. 747, Sec. 2.)
  196. 24132.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. )

    Verify source ↗

    A person who wrongfully takes, possesses, harbors, transports, or slaughters an animal, or who defrauds another person of an animal by false representation or pretense, may be civilly liable for multiple damages and related costs.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. ) ## 24132. (a) Notwithstanding any other provision of law, a person is civilly liable for four times the value of the animal at the time of taking, possessing, harboring, transporting, or slaughtering of the animal, with interest, at the prime rate from the date of that occurrence, for attorney fees incurred in the recovery of the animal, and for an amount in fair compensation for the time and money properly expended by the owner in pursuit of the animal, as follows: (1) In any action for the wrongful taking, possessing, harboring, or transporting of an animal for slaughter or for the slaughter of the animal without the consent of the owner or the person lawfully in possession of the animal or any animal whose ownership is still in dispute. (2) In any action where a person knowingly, by any false representation or pretense, defrauds another person of any animal, which results in the wrongful taking, possessing, harboring, or transporting of the animal for slaughter without the consent of the owner or the person lawfully in possession of the animal or any animal whose ownership is still in dispute. (b) The commencement of any criminal prosecution for the theft of the animal shall not preclude or prevent any civil action as specified in this section. (Added by Stats. 1991, Ch. 747, Sec. 2.)
  197. 24133.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. )

    Verify source ↗

    A person who moves an animal destined for slaughter out of the state under false pretenses to avoid an inspection commits a misdemeanor and can be fined $500 per animal.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. ) ## 24133. Any person who transports an animal destined for slaughter out of the state under false pretenses in order to avoid an inspection under this chapter is guilty of a misdemeanor and subject to a fine of five hundred dollars ($500) for each animal so transported. (Added by Stats. 1991, Ch. 747, Sec. 2.)
  198. 24134.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. )

    Verify source ↗

    A person who falsifies a required document or record under this chapter or its regulations can be civilly fined up to $500 for each violation.

    ## Food and Agricultural Code - FAC ## DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001 - 24134] ( Division 11 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Equine Protection: Enforcement [24101 - 24134] ( Chapter 9 added by Stats. 1991, Ch. 747, Sec. 2. ) ## 24134. Any person who falsifies any document or record required by this chapter, or by any regulation adopted pursuant to this chapter, is liable civilly for a penalty in an amount not to exceed five hundred dollars ($500) for each violation. Any money that is recovered pursuant to this section shall be paid into the Department of Food and Agriculture Fund and, upon appropriation by the Legislature, shall be expended to carry out this chapter. (Added by Stats. 1992, Ch. 217, Sec. 3. Effective January 1, 1993.)
  199. 242.

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Interdepartmental Expenses [241 - 243] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must apportion expenses, but only with the Director of Finance’s approval, and the charged share cannot exceed 5 percent of the department’s collections for the relevant agency.

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Interdepartmental Expenses [241 - 243] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 242. Apportionment of the expenses shall be made and determined by the director, subject to the approval of the Director of Finance. The proportionate or computed share so charged shall not, however, exceed 5 percent of the collections which are made by the department for the bureau, division, board, or other agency and the share shall further be limited to only those costs for which direct benefits are derived by the programs against which the costs are being charged. (Amended by Stats. 1986, Ch. 464, Sec. 1.)
  200. 243.

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Interdepartmental Expenses [241 - 243] ( Article 3 enacted by Stats. 1967, Ch. 15. )

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    Money charged and received by the department under this article must be sent to the State Treasury for the department’s General Fund appropriation.

    ## 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 2. Fiscal Duties and Powers [201 - 306] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Interdepartmental Expenses [241 - 243] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 243. Any money which is charged and received by the department pursuant to this article shall be remitted to the State Treasury for credit to the current appropriation from the General Fund for the support of the department. The sum so remitted shall be available for expenditure for the support of the department. (Enacted by Stats. 1967, Ch. 15.)

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