Food and Agricultural Code, 1967

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

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.

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.

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

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.

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.

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.

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.

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.

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

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

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

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.

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.

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

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.

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