citation: FAC § 8801

text:
The Pest Control Compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows: PEST CONTROL COMPACT Article I. Findings

The party states find that:

(a) In the absence of the higher degree of cooperation among them possible under this compact, the annual loss of approximately seven billion dollars from the depredations of pests is virtually certain to continue, if not to increase.

(b) Because of varying climatic, geographic and economic factors, each state may be affected differently by particular species of pests; but all states share the inability to protect themselves fully against those pests which present serious dangers to them.

(c) The migratory character of pest infestations makes it necessary for states both adjacent to and distant from one another, to complement each other’s activities when faced with conditions of infestation and reinfestation.

(d) While every state is seriously affected by a substantial number of pests, and every state is susceptible of infestation by many species of pests not now causing damage to its crop and plant life and products, the fact that relatively few species of pests present equal danger to or are of interest to all states makes the establishment and operation of a fund, from which individual states may obtain financial support for pest control programs of benefit to them in other states and to which they may contribute in accordance with their relative interests, the most equitable means of financing cooperative pest eradication and control programs.

Article II. Definitions As used in this compact, unless the context clearly requires a different construction:

(a) “State” means a state, territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

(b) “Requesting state” means a state which invokes the procedures of the compact to secure the undertaking or intensification of measures to control or eradicate one or more pests within one or more other states.

(c) “Responding state” means a state requested to undertake or intensify the measures referred to in subdivision (b) of this article.

(d) “Pests” means any invertebrate animal, pathogen, parasitic plant or similar or allied organism which can cause disease or damage in any crops, trees, shrubs, grasses or other plants of substantial value.

(e) “Fund” means the Pest Control Fund established pursuant to this compact.

(f) “Governing board” means the administrators of this compact representing all of the party states when such administrators are acting as a body in pursuance of authority vested in them by this compact.

(g) “Executive committee” means the committee established pursuant to Article V(e) of this compact.

Article III. The Fund There is hereby established the Pest Control Fund for the purpose of financing other than normal pest control operations which states may be called upon to engage in pursuant to this compact. The fund shall contain moneys appropriated to it by the party states and any donations and grants accepted by it. All appropriations, except as conditioned by the rights and obligations of party states expressly set forth in this compact, shall be unconditional and may not be restricted by the appropriating state to use in the control of any specified pest or pests. Donations and grants may be conditional or unconditional, provided that the fund shall not accept any donation or grant whose terms are inconsistent with any provision of this compact.

Article IV. The Fund, Internal Operations and Management (a) The fund shall be administered by a governing board and executive committee as hereinafter provided. The actions of the governing board and executive committee pursuant to this compact shall be deemed the actions of the fund.

(b) The members of the governing board shall be entitled to one vote each on such board. No action of the governing board shall be binding unless taken at a meeting at which a majority of the total number of votes on the governing board are cast in favor thereof. Action of the governing board shall be only at a meeting at which a majority of the members are present.

(c) The fund shall have a seal which may be employed as an official symbol and which may be affixed to documents and otherwise used as the governing board may provide.

(d) The governing board shall elect annually, from among its members, a chairman, a vice chairman, a secretary and a treasurer. The chairman may not succeed himself. The governing board may appoint an executive director and fix his duties and his compensation, if any. Such executive director shall serve at the pleasure of the governing board. The governing board shall make provision for the bonding of such of the officers and employees of the fund as may be appropriate.

(e) Irrespective of the civil service, personnel or other merit system laws of any of the party states, the executive director, or if there be no executive director, the chairman, in accordance with such procedures as the bylaws may provide, shall appoint, remove or discharge such personnel as may be necessary for the performance of the functions of the fund and shall fix the duties and compensations of such personnel. The governing board in its bylaws shall provide for the personnel policies and programs of the fund.

(f) The fund may borrow, accept or contract for the services of personnel from any state, the United States, or any other governmental agency, or from any person, firm, association or corporation.

(g) The fund may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any state, the United States, or any other governmental agency, or from any person, firm, association or corporation, and may receive, utilize and dispose of the same. Any donation, gift or grant accepted by the governing board pursuant to this paragraph or services borrowed pursuant to paragraph (f) of this article shall be reported in the annual report of the fund. Such report shall include the nature, amount and conditions, if any, of the donation, gift, grant or services borrowed and the identity of the donor or lender.

(h) The governing board shall adopt bylaws for the conduct of the business of the fund and shall have the power to amend and rescind these bylaws. The fund shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto with the appropriate agency or officer in each of the party states.

(i) The fund annually shall make to the Governor and Legislature of each party state a report covering its activities for the preceding year. The fund may make such additional reports as it may deem desirable.

(j) In addition to the powers and duties specifically authorized and imposed, the fund may do such other things as are necessary and incidental to the conduct of its affairs pursuant to this compact.

Article V. Compact Fund Administration (a) In each party state there shall be a compact administrator, who shall be selected and serve in such manner as the laws of his state may provide, and who shall:

1. Assist in the coordination of activities pursuant to the compact in his state; and

2. Represent his state on the governing board of the fund.

(b) If the laws of the United States specifically so provide, or if administrative provision is made therefor within the federal government, the United States may be represented on the governing board of the fund by not to exceed three representatives. Any such representative or representatives of the United States shall be appointed and serve in such manner as may be provided by or pursuant to federal law, but no such representative shall have a vote on the governing board or on the executive committee thereof.

(c) The governing board shall meet at least once each year for the purpose of determining policies and procedures in the administration of the fund and, consistent with the provisions of the compact, supervising and giving direction to the expenditure of moneys from the fund. Additional meetings of the governing board shall be held on call of the chairman, the executive committee, or a majority of the membership of the governing board.

(d) At such times as it may be meeting, the governing board shall pass upon applications for assistance from the fund and authorize disbursements therefrom. When the governing board is not in session, the executive committee thereof shall act as agent of the governing board, with full authority to act for it in passing upon such applications.

(e) The executive committee shall be composed of the chairman of the governing board and four additional members of the governing board chosen by it so that there shall be one member representing each of four geographic groupings of party states. The governing board shall make such geographic groupings. If there is representation of the United States on the governing board, one such representative may meet with the executive committee. The chairman of the governing board shall be chairman of the executive committee. No action of the executive committee shall be binding unless taken at a meeting at which at least four members of such committee are present and vote in favor thereof. Necessary expenses of each of the five members of the executive committee incurred in attending meetings of such committee, when not held at the same time and place as a meeting of the governing board, shall be charges against the fund.

Article VI. Assistance and Reimbursement (a) Each party state pledges to each other party state that it will employ its best efforts to eradicate, or control within the strictest practicable limits, any and all pests. It is recognized that performance of this responsibility involves:

1. The maintenance of pest control and eradication activities of interstate significance by a party state at a level that would be reasonable for its own protection in the absence of this compact.

2. The meeting of emergency outbreaks or infestations of interstate significance to no less an extent than would have been done in the absence of this compact.

(b) Whenever a party state is threatened by a pest not present within its borders but present within another party state, or whenever a party state is undertaking or engaged in activities for the control or eradication of a pest or pests, and finds that such activities are or would be impracticable or substantially more difficult of success by reason of failure of another party state to cope with infestation or threatened infestation, that state may request the governing board to authorize expenditures from the fund for eradication or control measures to be taken by one or more of such other party states at a level sufficient to prevent, or to reduce to the greatest practicable extent, infestation or reinfestation of the requesting state. Upon such authorization the responding state or states shall take or increase such eradication or control measures as may be warranted. A responding state shall use moneys made available from the fund expeditiously and efficiently to assist in affording the protection requested.

(c) In order to apply for expenditures from the fund, a requesting state shall submit the following in writing:

1. A detailed statement of the circumstances which occasion the request for the invoking of the compact.

2. Evidence that the pest on account of whose eradication or control assistance is requested constitutes a danger to an agricultural or forest crop, product, tree, shrub, grass or other plant having a substantial value to the requesting state.

3. A statement of the extent of the present and projected program of the requesting state and its subdivisions, including full information as to the legal authority for the conduct of such program or programs and the expenditures being made or budgeted therefor, in connection with the eradication, control, or prevention of introduction of the pest concerned.

4. Proof that the expenditures being made or budgeted as detailed in item 3 do not constitute a reduction of the effort for the control or eradication of the pest concerned or, if there is a reduction, the reasons why the level of program detailed in item 3 constitutes a normal level of pest control activity.

5. A declaration as to whether, to the best of its knowledge and belief, the conditions which in its view occasion the invoking of the compact in the particular instance can be abated by a program undertaken with the aid of moneys from the fund in one year or less, or whether the request is for an installment in a program which is likely to continue for a longer period of time.

6. Such other information as the governing board may require consistent with the provisions of this compact.

(d) The governing board or executive committee shall give due notice of any meeting at which an application for assistance from the fund is to be considered. Such notice shall be given to the compact administrator of each party state and to such other officers and agencies as may be designated by the laws of the party states. The requesting state and any other party state shall be entitled to be represented and present evidence and argument at such meeting.

(e) Upon the submission as required by paragraph (c) of this article and such other information as it may have or acquire, and upon determining that an expenditure of funds is within the purposes of this compact and justified thereby, the governing board or executive committee shall authorize support of the program. The governing board or the executive committee may meet at any time or place for the purpose of receiving and considering an application. Any and all determinations of the governing board or executive committee, with respect to an application, together with the reasons therefor shall be recorded and subscribed in such manner as to show and preserve the votes of the individual members thereof.

(f) A requesting state which is dissatisfied with a determination of the executive committee shall upon notice in writing given within 20 days of the determination with which it is dissatisfied, be entitled to receive a review thereof at the next meeting of the governing board. Determinations of the executive committee shall be reviewable only by the governing board at one of its regular meetings, or at a special meeting held in such manner as the governing board may authorize.

(g) Responding states required to undertake or increase measures pursuant to this compact may receive moneys from the fund, either at the time or times when such state incurs expenditures on account of such measures, or as reimbursement for expenses incurred and chargeable to the fund. The governing board shall adopt and, from time to time, may amend or revise procedures for submission of claims upon it and for payment thereof.

(h) Before authorizing the expenditure of moneys from the fund pursuant to an application of a requesting state, the fund shall ascertain the extent and nature of any timely assistance or participation which may be available from the federal government and shall request the appropriate agency or agencies of the federal government for such assistance and participation.

(i) The fund may negotiate and execute a memorandum of understanding or other appropriate instrument defining the extent and degree of assistance or participation between and among the fund, cooperating federal agencies, states and any other entities concerned.

Article VII. Advisory and Technical Committees The governing board may establish advisory and technical committees composed of state, local, and federal officials, and private persons to advise it with respect to any one or more of its functions. Any such advisory or technical committee, or any member or members thereof may meet with and participate in its deliberations. Upon request of the governing board or executive committee an advisory or technical committee may furnish information and recommendations with respect to any application for assistance from the fund being considered by such board or committee and the board or committee may receive and consider the same: provided that any participant in a meeting of the governing board or executive committee held pursuant to Article VI(d) of the compact shall be entitled to know the substance of any such information and recommendations, at the time of the meeting if made prior thereto or as a part thereof or, if made thereafter, no later than the time at which the governing board or executive committee makes its disposition of the application.

Article VIII. Relations With Nonparty Jurisdictions (a) A party state may make application for assistance from the fund in respect of a pest in a nonparty state. Such application shall be considered and disposed of by the governing board or executive committee in the same manner as an application with respect to a pest within a party state, except as provided in this article.

(b) At or in connection with any meeting of the governing board or executive committee held pursuant to Article VI(d) of this compact a nonparty state shall be entitled to appear, participate, and receive information only to such extent as the governing board or executive committee may provide. A nonparty state shall not be entitled to review of any determination made by the executive committee.

(c) The governing board or executive committee shall authorize expenditures from the fund to be made in a nonparty state only after determining that the conditions in such state and the value of such expenditures to the party states as a whole justify them. The governing board or executive committee may set any conditions which it deems appropriate with respect to the expenditure of moneys from the fund in a nonparty state and may enter into such agreement or agreements with nonparty states and other jurisdictions or entities as it may deem necessary or appropriate to protect the interests of the fund with respect to expenditures and activities outside of party states.

Article IX. Finance (a) The fund shall submit to the executive head or designated officer or officers of each party state a budget for the fund for such period as may be required by the laws of that party state for presentation to the Legislature thereof.

(b) Each of the budgets shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states. The requests for appropriations shall be apportioned among the party states as follows: one-tenth of the total budget in equal shares and the remainder in proportion to the value of agricultural and forest crops and products, excluding animals and animal products produced in each party state. In determining the value of such crops and products the fund may employ such source or sources of information as in its judgment present the most equitable and accurate comparisons among the party states. Each of the budgets and requests for appropriations shall indicate the source or sources used in obtaining information concerning value of products.

(c) The financial assets of the fund shall be maintained in two accounts to be designated respectively as the “operating account” and the “claims account.” The operating account shall consist only of those assets necessary for the administration of the fund during the next ensuing two-year period. The claims account shall contain all moneys not included in the operating account and shall not exceed the amount reasonably estimated to be sufficient to pay all legitimate claims on the fund for a period of three years. At any time when the claims account has reached its maximum limit or would reach its maximum limit by the addition of moneys requested for appropriation by the party states, the governing board shall reduce its budget requests on a pro rata basis in such manner as to keep the claims account within such maximum limit. Any moneys in the claims account by virtue of conditional donations, grants or gifts shall be included in calculations made pursuant to this paragraph only to the extent that such moneys are available to meet demands arising out of claims.

(d) The fund shall not pledge the credit of any party state. The fund may meet any of its obligations in whole or in part with moneys available to it under Article IV(g) of this compact, provided that the governing board takes specific action setting aside such moneys prior to incurring any obligation to be met in whole or in part in such manner. Except where the fund makes use of moneys available to it under Article IV(g) hereof, the fund shall not incur any obligation prior to the allotment of moneys by the party states adequate to meet the same.

(e) The fund shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the fund shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the fund shall be audited yearly by a certified or licensed public accountant and a report of the audit shall be included in and become part of the annual report of the fund.

(f) The accounts of the fund shall be open at any reasonable time for inspection by duly authorized officers of the party states and by any persons authorized by the fund.

Article X. Entry Into Force and Withdrawal (a) This compact shall enter into force when enacted into law by any five or more states. Thereafter, this compact shall become effective as to any other state upon its enactment thereof.

(b) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until two years after the executive head of the withdrawing state has given notice in writing of the withdrawal to the executive heads of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.

Article XI. Construction and Severability This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating herein, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters.

history: (History: Enacted by Stats. 1967, Ch. 15.)

part: 6. PEST CONTROL COMPACT

path: 4. PLANT QUARANTINE AND PEST CONTROL > 6. PEST CONTROL COMPACT


kind: section

code: FAC

citation: FAC § 8802

text: Consistent with law and within available appropriations, the departments, agencies, and officers of this state may cooperate with the fund established by the Pest Control Compact.

division: 4. PLANT QUARANTINE AND PEST CONTROL


citation: FAC § 8803

text: Pursuant to Article IV(h) of the compact, copies of bylaws and amendments thereto shall be filed with the Office of Administrative Procedure.


citation: FAC § 8804

text: The compact adminstrator for this state is the director.


citation: FAC § 8805

text: Within the meaning of Article VI(b) or VIII(a), a request or application for assistance from the fund may be made by the Governor whenever in his judgment the conditions qualifying this state for such assistance exist and it would be in the interest of this state to make such request.


citation: FAC § 8806

text: The notice of any meeting at which an application for assistance from the fund is to be considered given pursuant to Article VI(d), shall also be given to the Speaker of the Assembly and the President pro Tempore of the Senate.


citation: FAC § 8807

text: The department, agency, or officer expending or becoming liable for an expenditure on account of a control or eradication program undertaken or intensified pursuant to the compact shall have credited to his account in the State Treasury the amount or amounts of any payments made to this state to defray the cost of such program, or any part thereof, or as reimbursement thereof.


citation: FAC § 8808

text: As used in the compact, with reference to this state, the term “executive head” means the Governor.


citation: FAC § 9101

text:
(a) The department shall periodically publish and make available a list of reportable conditions that pose or may pose significant threats to public health, animal health, the environment, or the food supply. This document shall be known as the “List of Reportable Conditions for Animals and Animal Products.”

(b) Any licensed veterinarian, any person operating a diagnostic laboratory, or any person who has been informed, recognizes or should recognize, by virtue of education, experience, or occupation, that any animal or animal product is or may be affected by, has been exposed to, or may be transmitting or carrying any condition specified in the “List of Reportable Conditions for Animals and Animal Products,” shall report to the department all known information required by the department within the time specified in the “List of Reportable Conditions for Animals and Animal Products.”

(c) For the purposes of this section, “animal” includes any animal, poultry, fowl, bird, or fish.

(d) While the procedure for selecting the conditions required to be reported and the method of preparation and publication of the “List of Reportable Conditions for Animals and Animal Products” shall be established by regulation, the selection of the specific conditions identified in the “List of Reportable Conditions for Animals and Animal Products” and the timeframe for reporting those conditions are exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of Government Code.

(e) Until the department publishes the “List of Reportable Conditions for Animals and Animal Products,” the diseases listed in Section 796 of Title 3 of the California Code of Regulations shall constitute the conditions required to be reported pursuant to this section.

history: (History: Repealed and added by Stats. 2001, Ch. 503, Sec. 1.2. Effective January 1, 2002.)

part: 1. DISEASED ANIMALS AND POULTRY

chapter: 1. General Provisions

article: 1. Reports

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 1. DISEASED ANIMALS AND POULTRY > 1. General Provisions > 1. Reports


citation: FAC § 9121

text: Any person that is engaged in stockraising may purchase for injection in his stock any serum used for the cure or prevention of animal diseases.

article: 2. Serum

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 1. DISEASED ANIMALS AND POULTRY > 1. General Provisions > 2. Serum


citation: FAC § 9143

text: An animal which has died from any contagious disease shall not be used for the food of any human being, domestic animal, or fowl.

article: 3. Disposal of Carcasses

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 1. DISEASED ANIMALS AND POULTRY > 1. General Provisions > 3. Disposal of Carcasses


citation: FAC § 9151

text:
For purposes of this article, the following definitions apply:

(a) “Emergency or regulatory condition” includes all diseases or conditions listed as emergency or regulatory conditions in the department’s List of Reportable Conditions for Animals and Animal Products published pursuant to Section 9101.

(b) “Laboratory services” means any of the following:

(1) Providing a residue analysis of animal tissue.

(2) Providing nutrient analysis of animal tissue.

(3) Providing the identification of insects, parasites, bacteria, viruses, prions, or any pathogenic organisms in animal tissue.

(4) Providing any other services compatible with, or incidental to, those laboratory services provided pursuant to Section 9152.

(c) “Poultry” and “livestock” have the same meanings as defined in Sections 9502 and 9503.

history: (History: Added by Stats. 2021, Ch. 495, Sec. 1. (SB 703) Effective January 1, 2022.)

article: 3.5. Laboratory Services

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 1. DISEASED ANIMALS AND POULTRY > 1. General Provisions > 3.5. Laboratory Services


citation: FAC § 9152

text:
The department shall do all of the following:

(a) Require certification of laboratories providing services in the examination, diagnosis, analysis, testing, quantifying, or identification of any emergency or regulatory condition of poultry or livestock owned or located within the state.

(b) Prescribe procedures and requirements for certification.

(c) Develop and implement regulations necessary to carry out this article.

division: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL

article: 3.5. Laboratory Services


text: A laboratory approved, certified, or accredited by the state or the federal government to provide services equivalent to those described in subdivision (a) of Section 9152 is exempt from this article.

article: 3.5. Laboratory Services


citation: FAC § 9153

text:
(a) A person shall not establish, operate, or maintain a laboratory that provides services in the examination, diagnosis, analysis, testing, quantifying, or identification of any emergency or regulatory condition of poultry and livestock unless the person obtains a certificate from the department pursuant to this article authorizing the person to establish, operate, and maintain a laboratory that provides these services, except as specified in Section 9152.5.

(b) A person who desires a certificate pursuant to this section shall file an application with the department for a certificate accompanied by the application fee required pursuant to Section 9154.

(c) The application shall be on a form prescribed and furnished by the department.

(d) The department shall issue a certificate to an applicant if the department is satisfied that the applicant is documented and verified to have full accreditation and to be in good standing with the American Association of Veterinary Laboratory Diagnosticians or International Organization for Standardization (ISO)/International Electrotechnical Commission (IEC) 17025 current general requirements for the competence of testing and calibration laboratories.

(e) A certificate shall expire one year after the date of issuance. A certificate shall be renewed upon payment of the renewal application fee required pursuant to Section 9154 if the applicant is in compliance with this article and the regulations adopted pursuant to this article.

(f) A certified laboratory shall use an official nationally approved or validated diagnostic test for diseases of regulatory importance. A certified laboratory may request permission from the department to use a nonapproved or nonvalidated test.

(g) A certified laboratory shall report positive and suspect positive test results only to the party who provided the original sample and shall also report the test results as required by Section 9101 or any other law.

article: 3.5. Laboratory Services


citation: FAC § 9154

text:
(a) Before issuing a certificate pursuant to Section 9153, the department shall require an applicant for a certificate to pay an application fee.

(b) (1) Before January 1, 2023, the application and renewal fees shall be one thousand dollars ($1,000).

(2) On and after January 1, 2023, the department may adjust the application and renewal fees to cover the department’s reasonable costs to implement laboratory certification requirements.

(c) The fees collected pursuant to this section shall be deposited into the Department of Food and Agriculture Fund.

article: 3.5. Laboratory Services


citation: FAC § 9155

text:
(a) The department may refuse to approve or renew a certificate or may suspend or revoke a certificate if the applicant or certificate holder is not in compliance with this article or regulations adopted pursuant to this article. The department shall notify an applicant or certificate holder of the reasons for the action and shall approve or reinstate the certificate when the laboratory is in compliance.

(b) The department shall review an action taken pursuant to subdivision (a) upon request of any person adversely affected by the action, and the decision is subject to appeal in accordance with Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code.

article: 3.5. Laboratory Services


citation: FAC § 9156

text: Test results certified by the department are prima facie evidence of the facts stated in the results for purposes of an action pursuant to subdivision (b) of Section 9157. This section does not apply to a criminal action.

article: 3.5. Laboratory Services


citation: FAC § 9157

text:
(a) (1) Notwithstanding Section 9166, any person who violates Section 9153 shall be liable for a civil penalty of no more than twenty-five thousand dollars ($25,000) for each act constituting a violation of Section 9153.

(2) For the purpose of paragraph (1), an act shall be deemed to be each day a person establishes, operates, or maintains a laboratory without a certificate from the department in accordance with subdivision (a) of Section 9153, or every test conducted that violates subdivision (f) or (g) of Section 9153.

(b) Notwithstanding Section 9166, any person who violates any regulation adopted pursuant to this article shall be liable for a civil penalty of no more than twenty-five thousand dollars ($25,000) per day, for any acts constituting a violation of any regulation adopted pursuant to this article, so long as the regulation specifies that a violation is subject to enforcement in accordance with this section.

(c) (1) Unless a civil penalty has been imposed pursuant to paragraph (2), the department may administratively impose a civil penalty for a violation described in subdivision (a) or (b).

(2) Unless the department has administratively imposed a civil penalty pursuant to paragraph (1), the Attorney General, upon request of the State Veterinarian, shall petition the Superior Court to impose, assess, and recover a civil penalty for a violation described in subdivision (a) or (b).

(d) The department shall review an action taken pursuant to paragraph (1) of subdivision (c) upon request of any person adversely affected by the action, and the decision is subject to appeal in accordance with Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code.

(e) The proceeds of any civil penalty collected pursuant to this section shall be deposited into the Department of Food and Agriculture Fund.

(f) If the Attorney General prevails in or settles an action under this section, the Attorney General shall receive an amount for reasonable expenses that the court finds to have been reasonably incurred, plus reasonable costs and attorney’s fees. All expenses, costs, and fees shall be awarded against the defendant and under no circumstances shall they be the responsibility of the state.

(g) Notwithstanding Section 9165, a violation of this article is not a crime.

article: 3.5. Laboratory Services


citation: FAC § 9161

text: It is unlawful for any person to bring, cause to be brought, or aid in bringing into the state any domestic animal which such person knows is infected with any contagious disease.

article: 4. Violations and Penalties

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 1. DISEASED ANIMALS AND POULTRY > 1. General Provisions > 4. Violations and Penalties


citation: FAC § 9163

text: Any person that owns or has possession or control of any animal which is affected by any contagious or infectious disease, that fails to keep the animal within an inclosure, or herd the animal in a place where it is secure from contact with other animals of like kind that are not so affected, or that permits the infected animal to be driven on any public highway, is guilty of a misdemeanor, which is punishable by a fine of not more than one thousand dollars ($1,000) for each offense.

history: (History: Amended by Stats. 1983, Ch. 1092, Sec. 105. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)

article: 4. Violations and Penalties


citation: FAC § 9164

text: In order to prevent the spread of any livestock disease, it is unlawful for any person, that does not have a written permit issued by the director, to remove, or cause to be removed, any livestock from slaughterhouse pens, yards, corrals, or similar holding places where livestock is held for the purpose of immediate slaughter, except directly into the slaughterhouse that controls such pens, yards, corrals, or similar holding places.

article: 4. Violations and Penalties


citation: FAC § 9165

text: Except for Sections 10492 and 10494, any person that violates any provision of this division is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by imprisonment of not less than 10 days nor more than six months, or by both such fine and imprisonment.

history: (History: Amended by Stats. 1983, Ch. 1092, Sec. 106. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)

article: 4. Violations and Penalties


citation: FAC § 9166

text:
(a) In addition to any other penalty or fine prescribed by law, any person who violates any provision of this division, or any regulation which is issued pursuant to this division, is subject to an administrative penalty of not less than one hundred dollars ($100) or more than one thousand dollars ($1,000) for each violation. Each violation during any day constitutes a separate offense. Any money that is recovered under this section shall be paid into the State Treasury and shall be credited to the Department of Food and Agriculture Fund.

(b) If the secretary finds that a violation has occurred, the person charged shall receive notice of the nature of the violation, and shall be given an opportunity to be heard in accordance with Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code, except that informal hearing procedures may not be used under the circumstances described in subdivision (a) or (b) of Section 11445.20 of the Government Code.

history: (History: Amended by Stats. 2008, Ch. 147, Sec. 1. Effective January 1, 2009.)

article: 4. Violations and Penalties


citation: FAC § 9167

text: 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.

history: (History: Added by Stats. 1977, Ch. 646.)

article: 4. Violations and Penalties


citation: FAC § 9168

text:
The Attorney General shall, upon complaint by the director, or may upon his own initiative, if after examination of the complaint and evidence he believes a violation has occurred, bring an action in the name of the people of this state in the superior court for an injunction against any person violating any provision of this division or any regulation which is adopted by the director pursuant to it.

Any proceedings pursuant to this section shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. The director shall not, however, be required to allege facts necessary to show or tending to show lack of adequate remedy at law or to show or tending to show irreparable damage or loss.

article: 4. Violations and Penalties


citation: FAC § 9169

text: It is unlawful for any person to defeat or interfere with or to attempt to defeat or interfere with any animal disease test authorized by any provision of this division.

article: 4. Violations and Penalties


citation: FAC § 9175

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

history: (History: Amended by Stats. 2016, Ch. 309, Sec. 1. (SB 1270) Effective January 1, 2017.)

article: 5. Investigations

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 1. DISEASED ANIMALS AND POULTRY > 1. General Provisions > 5. Investigations


citation: FAC § 9185

text: Any fees that are provided for by any provision of this division and regulations promulgated pursuant to it shall be due and payable upon receipt of a statement from the department itemizing the kind and amount of those fees. The fees shall be paid to the secretary within 30 days of the receipt of the statement.

history: (History: Amended by Stats. 2011, Ch. 133, Sec. 12. (AB 120) Effective July 26, 2011.)

article: 6. Collections

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 1. DISEASED ANIMALS AND POULTRY > 1. General Provisions > 6. Collections


citation: FAC § 9186

text: Any fees that are due and payable pursuant to Section 9185 which are not paid may be recovered by the secretary in accordance with the provisions of Section 281.

history: (History: Amended by Stats. 2011, Ch. 133, Sec. 13. (AB 120) Effective July 26, 2011.)

article: 6. Collections


citation: FAC § 9187

text: A penalty assessment of 5 percent per month of the amount of any unpaid fees, not to exceed 25 percent, shall be collected by the secretary when fees are not paid in accordance with Section 9185.

history: (History: Amended by Stats. 2011, Ch. 133, Sec. 14. (AB 120) Effective July 26, 2011.)

article: 6. Collections


citation: FAC § 9188

text: The secretary shall have a lien upon any livestock and real property owned by the person owing any fees due under any provision of this division that are not paid pursuant to Section 9185.

history: (History: Amended by Stats. 2011, Ch. 133, Sec. 15. (AB 120) Effective July 26, 2011.)

article: 6. Collections


citation: FAC § 9189

text: All money which is collected pursuant to this division shall be paid into the State Treasury and shall be credited to the Department of Food and Agriculture Fund and may be expended in carrying out the provisions of this division.

article: 6. Collections


citation: FAC § 9201

text:
Unless the context otherwise requires, the following definitions govern the construction of this chapter:

(a) “Adverse event” means an event in which an animal is injured, sickened, rendered unconscious, or killed.

(b) “Animal” includes, but is not limited to, any domesticated fowl or nonhuman mammal or any wild fowl, bird, or mammal that is reduced to captivity.

(c) “Biologics” means all viruses, serums, antibody products, toxins (excluding substances that are selectively toxic to microorganisms, such as antibiotics), or analogous products at any stage of production, shipment, distribution, or sale, which are intended for use in the treatment of animals and that act primarily through the direct stimulation, supplementation, enhancement, or modulation of the immune system or immune response.

(d) “Blood and blood component products” means whole blood collected directly from a donor animal for transfusion or the blood components for transfusion, including packed red blood cells, platelet-rich plasma, platelet concentrates, fresh plasma, fresh frozen plasma, frozen plasma, cryoprecipitate, and cryosupernatant. Antibody products like hyperimmune serums are considered “biologics” and are excluded from this definition of blood and blood component products.

(e) “Captive closed colony” has the same meaning as in Section 4920 of the Business and Professions Code and means that an animal is kept, housed, or maintained in any way for the purpose of collecting its blood.

(f) “Closed-colony blood bank” has the same meaning as in Section 4920 of the Business and Professions Code and means a commercial blood bank for animals that produces animal blood or blood component products solely from animals held in a captive closed colony.

(g) “Commercial blood bank for animals” has the same meaning as in Section 4920 of the Business and Professions Code and means an establishment that produces animal blood or blood component products from captive closed-colony or community-sourced animals to market and sell for use in the cure, mitigation, treatment, or prevention of injury or disease in animals.

(h) “Community blood bank” has the same meaning as in Section 4920 of the Business and Professions Code and means a commercial blood bank for animals that produces animal blood or blood component products solely from community-sourced animals whose owners voluntarily consent to the donation.

(i) “Community sourced” has the same meaning as in Section 4920 of the Business and Professions Code and means that an animal is all of the following:

(1) Kept, housed, and maintained at the residence of its owner who is a person and not a partnership, association, corporation, or limited liability company.

(2) Brought by its owner to a community blood bank to have its blood collected.

(3) Licensed in accordance with any pet licensing required by the pet owner’s state, county, or city of residence.

(j) “Production” has the same meaning as in Section 4920 of the Business and Professions Code and means collection of blood or the preparation, testing, processing, storage, or distribution of blood or blood component products for the purpose of transfusion.

history: (History: Amended by Stats. 2021, Ch. 752, Sec. 5. (AB 1282) Effective January 1, 2022.)

article: 1. Definitions

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 1. DISEASED ANIMALS AND POULTRY > 1.5. Commercial Blood Banks for Animals and Biologics > 1. Definitions


citation: FAC § 9210

text:
(a) A person shall not engage in the production of animal blood and blood component products for retail sale and distribution except in a captive closed-colony commercial blood bank for animals licensed by the secretary or in accordance with Article 7 (commencing with Section 4920) of Chapter 11 of Division 2 of the Business and Professions Code.

(b) Notwithstanding subdivision (a), a community blood bank for animals operating pursuant to Article 7 (commencing with Section 4920) of Chapter 11 of Division 2 of the Business and Professions Code shall register blood and blood component products with the secretary in accordance with Article 5 (commencing with Section 9241).

history: (History: Amended by Stats. 2021, Ch. 752, Sec. 11. (AB 1282) Effective January 1, 2022.)

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 1. DISEASED ANIMALS AND POULTRY > 1.5. Commercial Blood Banks for Animals and Biologics > 2. Animal Blood and Blood Component Products Production and Biologics Production


citation: FAC § 9211

text: No person shall engage in the production of biologics except as permitted under federal law.

history: (History: Amended by Stats. 2010, Ch. 235, Sec. 10. (AB 1709) Effective January 1, 2011. Became operative on January 1, 2013, pursuant to Sec. 28 of Ch. 235.)

chapter: 1.5. Commercial Blood Banks for Animals and Biologics

article: 2. Animal Blood and Blood Component Products Production and Biologics Production


citation: FAC § 9212

text:
The secretary shall license establishments as captive closed-colony commercial blood banks for animals that meet all of the following:

(a) Operate under conditions, and use methods of production, that are consistent with current standards of care and practice for the field of veterinary transfusion medicine to ensure that the animal blood and blood component products will not be contaminated, dangerous, or harmful.

(b) Produce animal blood and blood component products under the direct supervision of a person qualified in the field.

(c) Maintain onsite records containing information documenting how the animal was acquired and any history of blood draws or use of anesthesia on the animal.

(d) Keep, house, or maintain all animal donors within California state boundaries.

history: (History: Amended by Stats. 2021, Ch. 752, Sec. 12. (AB 1282) Effective January 1, 2022.)


text:
(a) (1) The department shall discontinue its licensing program for commercial blood banks for animals that produce canine blood and blood component products sourced from captive closed-colony dogs within 18 months of making a finding and provision of notice as follows:

(A) Based on the quarterly reports required under Section 4920.6 of the Business and Professions Code, subdivision (c) of Section 9252, and subdivision (b) of Section 9253, every three months, the secretary shall calculate the total estimated amount of canine blood sold in California that quarter by community blood banks and, separately, the total estimated amount of canine blood that closed-colony blood banks sold in the state during the same period. This information shall be publicly posted on the department’s internet website along with annual totals compiled each year.

(B) If the secretary finds that community blood banks sold an annual amount of canine blood in California that equals or exceeds the annual amount closed-colony blood banks sold in four consecutive quarters, then the secretary shall provide notice on the department’s internet website that discontinues its licensing program for closed-colony blood banks for dogs within 18 months from the date of that notice.

(2) The calculation of canine blood pursuant to this subdivision shall be done separately, with whole blood, packed red blood cells, and fresh frozen plasma being measured as separate amounts in estimated milliliters based on weight in grams.

(3) For purposes of this section, “canine blood” means whole blood, packed red blood cells, and fresh frozen plasma.

(b) Upon enactment of this section, the secretary shall not accept any new applications to license a commercial blood bank for animals that produces canine blood or blood component products sourced from captive closed-colony dogs.

(c) Closed-colony blood banks may transition to community-sourced models and continue to operate in accordance with Article 7 (commencing with Section 4920) of Chapter 11 of Division 2 of the Business and Professions Code.

history: (History: Added by Stats. 2021, Ch. 752, Sec. 13. (AB 1282) Effective January 1, 2022.)


citation: FAC § 9221

text:
An application for a license for any establishment that produces, or proposes to produce, animal blood and blood component products from a closed-colony blood bank shall be made on forms issued by the secretary. The application shall contain all of the following:

(a) The name and address of the person who owns the property, establishment, or institution in which it is proposed to produce animal blood and blood component products.

(b) The name and address of the person who shall oversee the production of animal blood and blood component products.

(c) The type of animal blood and blood component products that shall be produced.

(d) A full description of the building, including its address, facilities, equipment, and apparatus, to be used in the production of animal blood and blood component products.

(e) A written protocol, consistent with current standards of care and practice for the field of veterinary transfusion medicine, that addresses all of the following:

(1) Maximum length of time for donation by animal donors, or minimum health parameters for animal donors.

(2) Frequency and amount of blood collected from animal blood donors in estimated milliliters based on weight in grams.

(3) Socialization and exercise programs for animal blood donors.

(4) Method of identification of each animal, including microchip or tattoo.

(5) Ongoing veterinary care, including an annual physical exam and vaccination schedule for animals held in blood donor facilities.

(6) Husbandry standards for feeding, watering, sanitation, housing, handling, and care in transit, with minimums based on the standards set forth pursuant to the federal Animal Welfare Act (7 U.S.C. Sec. 2131 et seq.) in Part 3 (commencing with Section 3.1) of Subchapter A of Chapter 1 of Title 9 of the Code of Federal Regulations.

(7) Implementation of a permissive adoption program.

(8) Bloodborne pathogen testing for all canine and feline blood donors in accordance with the best clinical practices in the veterinary field, which may include the most recent Consensus Statement on blood donor infectious disease screening by the American College of Veterinary Internal Medicine.

(f) An oversight letter identifying the oversight veterinarian who will be responsible for oversight of the facility. The letter shall be from the oversight veterinarian, and shall be maintained on file by the secretary. Oversight veterinarians shall be licensed to practice veterinary medicine in California. In the event of a change of the oversight veterinarian, it is the oversight veterinarian’s responsibility to give notice to the secretary of the termination of the oversight veterinarian within 30 days of the termination date of the oversight veterinarian. An oversight letter from the incoming oversight veterinarian shall be submitted to the secretary within 30 days of the termination date of the prior oversight veterinarian.

(g) Additional information that the secretary finds is necessary for the proper administration and enforcement of this chapter.

history: (History: Amended by Stats. 2021, Ch. 752, Sec. 14. (AB 1282) Effective January 1, 2022.)

article: 3. Licenses

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 1. DISEASED ANIMALS AND POULTRY > 1.5. Commercial Blood Banks for Animals and Biologics > 3. Licenses


citation: FAC § 9222

text:
(a) A commercial blood bank for animals shall not discriminate against veterinarians licensed in California in the sale of animal blood or blood component products.

(b) A commercial blood bank for animals, as described in subdivision (a), that refuses to sell animal blood or blood component products to a veterinarian in circumstances in which that blood bank has an available supply may be deemed by the secretary to be in violation of this provision against discriminatory business practices.

history: (History: Added by Stats. 2021, Ch. 752, Sec. 15. (AB 1282) Effective January 1, 2022.)

article: 3. Licenses


citation: FAC § 9231

text:
The license application fee and license renewal fee under this chapter for an establishment proposing to produce or producing animal blood and blood component products from a closed-colony blood bank shall be as follows:

(a) The application and annual license fee shall be one thousand dollars ($1,000) for each establishment, which shall be the fee for the fiscal year, or portion thereof, ending June 30 of each year. When an applicant is a city, county, state, or district, or an official thereof, no fee shall be required under this section.

(b) Licenses shall be renewed every year. The annual renewal fee shall be paid on or before the first day of July of each year.

(c) The license application fee and licensee renewal fee under this chapter shall be adjusted annually for inflation. The adjustments shall be rounded off to the nearest whole dollar.

(d) The department may set inspection fees in an amount that shall not exceed the department’s reasonable regulatory costs incurred in connection with implementing this chapter. The fees shall include amounts sufficient to repay any amount loaned from the General Fund to establish the program.

history: (History: Amended by Stats. 2021, Ch. 752, Sec. 16. (AB 1282) Effective January 1, 2022.)

article: 4. License Fees

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 1. DISEASED ANIMALS AND POULTRY > 1.5. Commercial Blood Banks for Animals and Biologics > 4. License Fees


citation: FAC § 9241

text:
No person shall offer for sale or use any of the following:

(a) Any biologic unless it is manufactured pursuant to the terms of a valid license or permit issued by the United States Department of Agriculture.

(b) Any blood or blood component product unless it is produced in an establishment licensed by the secretary or in accordance with Article 7 (commencing with Section 4920) of Chapter 11 of Division 2 of the Business and Professions Code, or imported into the state pursuant to Section 9252 and registered with the department in accordance with Section 9244.

history: (History: Amended by Stats. 2021, Ch. 752, Sec. 17. (AB 1282) Effective January 1, 2022.)

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 1. DISEASED ANIMALS AND POULTRY > 1.5. Commercial Blood Banks for Animals and Biologics > 5. Blood or Blood Component Product Registration


citation: FAC § 9242

text:
The secretary shall register blood or a blood component product that meets all of the following requirements:

(a) It is produced under acceptable procedures.

(b) It has been demonstrated to the secretary that the blood or blood component product is safe and noninjurious to animal health.

(c) It has been demonstrated to the secretary that the blood or blood component product is of value for the purpose intended.

(d) It is labeled for proper handling and use, and is not misrepresented.

(e) It is produced in an establishment that meets the requirements of Section 9210.

history: (History: Amended by Stats. 2010, Ch. 235, Sec. 16. (AB 1709) Effective January 1, 2011. Became operative on January 1, 2013, pursuant to Sec. 28 of Ch. 235.)

article: 5. Blood or Blood Component Product Registration


citation: FAC § 9244

text:
(a) An application for registration of blood or a blood component product shall include all of the following:

(1) The name and address of the person who owns the property, establishment, institution, or business that sells the blood.

(2) The name and address of the person who oversees the production of animal blood and blood component products.

(3) The type of animal blood and blood component products produced for sale.

(4) A full description of the building, including its address, facilities, equipment, and apparatus, to be used in production of animal blood and blood component products.

(5) A protocol of the methods of production in detail that is followed in the production of the product.

(6) A sample of the label to be placed on the blood or blood component product.

(b) The registration application fee and annual renewal fee for an establishment proposing to offer blood or blood component products for retail sale or use in California shall be as follows:

(1) The registration application fee and annual renewal fee shall be five hundred dollars ($500) for each product, which shall be the fee for the fiscal year, or portion thereof, ending June 30 of each year.

(2) Registration shall be renewed every year. The annual renewal fee shall be paid on or before July 1 of each year.

(3) The application and renewal fees under this chapter shall be adjusted annually for inflation. The adjustments shall be rounded off to the nearest whole dollar.

(4) Fees may be increased or decreased by the department but shall not exceed the department’s reasonable regulatory costs incurred to administer and enforce product safety standards set forth in this chapter.

history: (History: Amended by Stats. 2021, Ch. 752, Sec. 18. (AB 1282) Effective January 1, 2022.)


citation: FAC § 9245

text: The secretary may impose such conditions on the production or use of blood or blood component products as he or she deems necessary to accomplish the purposes of this chapter.

history: (History: Amended by Stats. 2010, Ch. 235, Sec. 19. (AB 1709) Effective January 1, 2011. Became operative on January 1, 2013, pursuant to Sec. 28 of Ch. 235.)


citation: FAC § 9251

text: The secretary may adopt reasonably necessary rules and regulations for the administration and enforcement of this chapter.

history: (History: Amended by Stats. 2010, Ch. 235, Sec. 20. (AB 1709) Effective January 1, 2011. Became operative on January 1, 2013, pursuant to Sec. 28 of Ch. 235.)

article: 6. Rules and Regulations

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 1. DISEASED ANIMALS AND POULTRY > 1.5. Commercial Blood Banks for Animals and Biologics > 6. Rules and Regulations


citation: FAC § 9252

text:
(a) The secretary shall track, administer, and enforce the safe importation and sale of animal blood and blood component products from out-of-state blood banks for animals that produce those blood and blood component products in compliance with California standards.

(b) Importation and sale of canine blood and blood component products from out-of-state sources shall only be permitted from community blood banks.

(c) Out-of-state community blood banks that sell canine blood and blood component products in California under this section shall submit a quarterly report to the department every three months that includes the separate total amounts of canine whole blood, packed red blood cells, and fresh frozen plasma sold in the state during that quarter, in estimated milliliters based on weight in grams.

history: (History: Added by Stats. 2021, Ch. 752, Sec. 19. (AB 1282) Effective January 1, 2022.)

article: 6. Rules and Regulations


citation: FAC § 9253

text:
(a) A closed-colony blood bank licensed under this chapter shall maintain an onsite record of the number of donations collected from captive animals, the amount of blood collected per donation in estimated milliliters based on weight in grams, any adverse events, the disposition of any animals, and any other information necessary to comply with this section.

(b) A closed-colony blood bank licensed under this chapter shall submit a quarterly report to the department every three months including all of the following:

(1) The number of donations from captive animals and separate total amount in milliliters of whole blood, packed red blood cells, and fresh frozen plasma sold in California during that quarter, by species of animal in estimated milliliters based on weight in grams.

(2) The number of captive animals kept, housed, or maintained at the closed-colony blood bank, by species of animal.

(3) The disposition records of any animals and the total number of animals released for adoption.

(4) The number and species of animals experiencing adverse events, the total number of adverse events, and the nature of adverse events experienced by captive animals that donate blood.

(5) The number and species of animal donors whose blood tested positive for known pathogens, in accordance with the best clinical practices in the veterinary field, which may include the most recent Consensus Statement for blood donor infectious disease screening by the American College of Veterinary Internal Medicine.

(c) A violation of this section, Section 9210, or Section 9212 shall constitute a cause for corrective action, suspension, restriction, or the nonrenewal or revocation of a license by the department. The proceedings for the suspension or revocation of a license shall be conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The secretary shall have all the powers granted in that chapter.

(d) For purposes of this section, “disposition” means adoption, euthanasia, transfer to another blood bank, breeding facility, farm, animal control agency, animal shelter, or rescue organization, or donation or sale for medical research or other purpose. Disposition records shall include all of the following:

(1) The species and breed of animal.

(2) The animal’s registered name, license number, microchip, and tattoo, if present.

(3) The name and address of the individual or entity that received the animal and the purpose for which the animal was received.

history: (History: Added by Stats. 2021, Ch. 752, Sec. 20. (AB 1282) Effective January 1, 2022.)

article: 6. Rules and Regulations


citation: FAC § 9254

text: The department shall annually submit a copy of the canine blood collection information that it publicly posts on its internet website pursuant to subparagraph (A) of paragraph (1) of subdivision (a) of Section 9212.5 to the Chair and Vice Chair of the Assembly Business and Professions Committee, the Chair and Vice Chair of the Senate Business, Professions and Economic Development Committee, the Chairs and Vice Chairs of the Assembly and Senate Agriculture Committees, and the Veterinary Medical Board.

history: (History: Added by Stats. 2021, Ch. 752, Sec. 21. (AB 1282) Effective January 1, 2022.)

article: 6. Rules and Regulations


citation: FAC § 9255

text:
(a) The department, in collaboration with the Veterinary Medical Board, technical experts in animal blood banking, and any other relevant stakeholders, shall develop and make available a “Community Animal Blood Banking Guidance Resource” or other documents that provide veterinarians, at a minimum, accurate, clear, and concise information regarding best management practices for operating community blood banks.

(b) On or before March 1, 2023, the department shall publish the guidance resource or other documents described in subdivision (a) on its internet website. The guidance resource or other documents shall include primary information and best practices in all of the following areas:

(1) Animal donor qualification, selection, and screening.

(2) Bloodborne pathogen testing.

(3) Safe blood products handling, processing, labeling, and storage.

history: (History: Added by Stats. 2021, Ch. 752, Sec. 22. (AB 1282) Effective January 1, 2022.)

article: 6. Rules and Regulations


citation: FAC § 9261

text: License for any commercial blood bank for animals or registration of any blood or blood component product may be denied, suspended, or revoked by the secretary for failure to meet the requirements of this chapter or for the violation of any provision of this chapter, or of any rule or regulation adopted by the secretary under this chapter. The proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.

history: (History: Amended by Stats. 2010, Ch. 235, Sec. 21. (AB 1709) Effective January 1, 2011. Became operative on January 1, 2013, pursuant to Sec. 28 of Ch. 235.)

article: 7. Enforcement

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 1. DISEASED ANIMALS AND POULTRY > 1.5. Commercial Blood Banks for Animals and Biologics > 7. Enforcement


citation: FAC § 9262

text: The biologics prepared prior to July 1, 1975, in laboratories licensed pursuant to Chapter 4 (commencing with Section 1600) of Division 2 of the Health and Safety Code, which have an expiration date of July 1, 1975, or later, are not subject to the provisions of this chapter.

history: (History: Added by Stats. 1974, Ch. 776.)

article: 7. Enforcement


citation: FAC § 9263

text: If the secretary finds that blood or blood component products do not conform to the requirements of Section 9242 or the use or continued use of such products constitutes an immediate danger to animals, the secretary may, after notice, suspend the registration of those blood or blood component products or license of an establishment producing those blood or blood component products pending a hearing and final decision.

history: (History: Amended by Stats. 2010, Ch. 235, Sec. 22. (AB 1709) Effective January 1, 2011. Became operative on January 1, 2013, pursuant to Sec. 28 of Ch. 235.)

article: 7. Enforcement


citation: FAC § 9264

text:
(a) If the secretary finds blood or blood component products that do not meet the requirements of Section 9242, the secretary may order those blood or blood component products to be held on the premises where found or elsewhere until he or she has determined that the products may be safely released for the purposes intended.

(b) The secretary may order the destruction of any blood or blood component products under a hold order if the blood or blood component products cannot be made to meet the requirements of Section 9242.

history: (History: Amended by Stats. 2010, Ch. 235, Sec. 23. (AB 1709) Effective January 1, 2011. Became operative on January 1, 2013, pursuant to Sec. 28 of Ch. 235.)

article: 7. Enforcement


citation: FAC § 9266

text: The department, or humane officers under contract with the department, shall inspect commercial blood banks for animals licensed by the department at least once a year to ensure compliance with the protocols required by subdivision (e) of Section 9221.

history: (History: Added by Stats. 2002, Ch. 822, Sec. 5. Effective January 1, 2003.)

article: 7. Enforcement


citation: FAC § 9267

text: Notwithstanding Section 4827 of the Business and Professions Code, for commercial blood banks for animals licensed by the department, anesthesia shall be performed pursuant to Section 4826 of the Business and Professions Code.

history: (History: Amended by Stats. 2010, Ch. 235, Sec. 24. (AB 1709) Effective January 1, 2011. Became operative on January 1, 2013, pursuant to Sec. 28 of Ch. 235.)

article: 7. Enforcement


citation: FAC § 9268

text:
The requirements set forth in subdivision (c) of Section 9212, subdivision (e) of Section 9221, subdivision (c) of Section 9231, and Sections 9266 and 9267:

(a) Shall not apply to those facilities required to be inspected by the United States Department of Agriculture in accordance with the Animal Welfare Act (Chapter 54 (commencing with Section 2131) of Title 7 of the United States Code).

(b) Shall apply to those facilities housing blood donor animals under contract with commercial blood banks for animals licensed by the department.

history: (History: Amended by Stats. 2018, Ch. 289, Sec. 4. (AB 3252) Effective January 1, 2019.)

article: 7. Enforcement


citation: FAC § 9269

text:
(a) Except as provided in subdivision (b), the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) shall apply to all records held by the department relating to this chapter, including, but not limited to, records relating to applications, fees, or inspections required by this chapter.

(b) (1) Except as provided in subdivisions (c) and (d), identifying personal information that is contained in records described in subdivision (a) shall be confidential and not subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).

(2) This subdivision does not prevent the disclosure by the department of data regarding age, race, ethnicity, national origin, or gender of individuals whose personal information is protected pursuant to this section, so long as the data does not contain individually identifiable information.

(c) Records held by the department relating to this chapter shall be accessible to law enforcement officers and state and local agencies with jurisdiction over any matter covered by this chapter.

(d) The department shall, upon request, disclose information in records relating to this chapter that is already in the public domain.

(e) (1) For purposes of this section, “identifying personal information” means the following information pertaining to the owner of an animal donor that is collected for purposes of coordinating, conducting, or documenting a donation from the animal owned by that person and is maintained by the department in relation to this chapter:

(A) Social security number.

(B) Date of birth.

(C) Physical description.

(D) Home address.

(E) Statements of personal worth or personal financial data.

(F) Personal medical history.

(G) Employment history.

(H) Email address.

(I) Information that reveals any electronic network location or identity.

(2) For purposes of this subdivision, a person who owns, operates, maintains, or oversees a commercial blood bank for animals shall not be considered the owner of an animal donor.

history: (History: Amended by Stats. 2022, Ch. 28, Sec. 48. (SB 1380) Effective January 1, 2023.)

article: 7. Enforcement


citation: FAC § 9272

text:
This chapter shall not apply to any of the following:

(a) Licensed facilities primarily engaged in the collection, preparation, testing, processing, storage, or distribution of human blood or blood products, and any biologic as defined in Section 9201 produced by that facility is sold or distributed only to an establishment licensed by this chapter.

(b) Clinical laboratories licensed pursuant to Chapter 3 (commencing with Section 1200) of Division 2 of the Business and Professions Code whose only biologics are autogenous bacterins prepared at the request of licensed veterinarians.

(c) Licensed private veterinarians who collect blood or blood products solely for use in their own practice or pursuant to Article 7 (commencing with Section 4920) of Chapter 11 of Division 2 of the Business and Professions Code, except with respect to Article 5 (commencing with Section 9241) and Section 9255.

history: (History: Amended by Stats. 2021, Ch. 752, Sec. 24. (AB 1282) Effective January 1, 2022.)

article: 8. Exemptions

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 1. DISEASED ANIMALS AND POULTRY > 1.5. Commercial Blood Banks for Animals and Biologics > 8. Exemptions


citation: FAC § 9301

text: When moved for the purpose of immediate slaughter, cattle which are infected with, or exposed to, the Boophilus annulatus tick shall be dipped or treated in the manner which is prescribed by the department, unless they are to be loaded directly on railroad cars at the point of origin.

history: (History: Enacted by Stats. 1967, Ch. 15.)

chapter: 2. Scabies and Ticks

article: 1. Treatment

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 1. DISEASED ANIMALS AND POULTRY > 2. Scabies and Ticks > 1. Treatment


citation: FAC § 9302

text: If upon examination of any cattle or sheep, the director finds any cattle which are infected with the Boophilus annulatus tick, or sheep or cattle which are infected with, or exposed to, scabies, he shall forthwith notify, in writing, the owner or person that is in control of the cattle or sheep to dip or otherwise treat them as directed for the purpose of eradicating the tick or scabies. The owner or person that is in control of the cattle or sheep shall comply with the notice within 10 days.

article: 1. Treatment


citation: FAC § 9303

text: If, at the expiration of 10 days from the date on which notice was given, the owner or person in control of the cattle or sheep has failed to dip the cattle or sheep in accordance with the directions of the director, the director shall immediately take possession of the cattle or sheep and dip the sheep as many times as may be necessary, or dip or otherwise treat the cattle.

article: 1. Treatment


citation: FAC § 9304

text: If upon examination at the end of the 10 days the director finds that the cattle have been dipped or otherwise treated for the extermination of ticks but are still infected, he shall instruct the owner or person in possession of the cattle to continue the dipping or treatment as the circumstances may demand, and within such time as the department deems advisable.

article: 1. Treatment


citation: FAC § 9305

text: If upon examination at any time the department finds that the cattle are again infected with the ticks or that the owner or person in control of the cattle has not continued to properly dip or otherwise treat the cattle as instructed, the director shall take possession of the cattle and dip or otherwise treat them.

article: 1. Treatment


citation: FAC § 9306

text: If the director has reason to believe that the disease known as scabies exists in a flock of sheep or in a herd of cattle, he shall notify the owner or person that is in control of the sheep or cattle to gather all the sheep or cattle in a corral in order that the sheep or cattle may be examined to ascertain if any are so infected.

article: 1. Treatment


citation: FAC § 9307

text: If the owner or person that is in control of the sheep or cattle does not gather all of the sheep or cattle in a corral for the examination, the director shall gather the sheep or cattle in a corral for the examination. He may hire such necessary help as may be required to gather the sheep or cattle.

article: 1. Treatment


citation: FAC § 9331

text: All expenses and costs of dipping or treating cattle or sheep and all expenses and costs of gathering sheep or cattle which are incurred by the department pursuant to this chapter are a lien on the cattle or sheep until the lien is paid or foreclosed by law.

article: 2. Civil Liability

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 1. DISEASED ANIMALS AND POULTRY > 2. Scabies and Ticks > 2. Civil Liability


citation: FAC § 9332

text: If the lien is not paid within 15 days after the expenses and costs were incurred, the department shall, in the name of the people of the State of California, commence an action to foreclose the lien. The action shall be commenced, tried, and determined in all respects as provided by law for the foreclosure of mortgages on personal property.

article: 2. Civil Liability


citation: FAC § 9333

text: In any civil proceeding which arises under this chapter, all persons that have an interest in, or control or possession of, the cattle or sheep concerning which the proceeding is had, are liable severally and jointly.

article: 2. Civil Liability


citation: FAC § 9351

text: It is unlawful for any person to willfully sell, except for immediate slaughter, or expose in such a manner as may infect other livestock not so infected, any cattle which have or are infected with the Boophilus annulatus tick.

article: 3. Violations

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 1. DISEASED ANIMALS AND POULTRY > 2. Scabies and Ticks > 3. Violations


citation: FAC § 9352

text: It is unlawful for any person to knowingly sell any sheep or cattle which are infected with scabies, or to expose them in such a manner as may infect other sheep or cattle which are not infected with scabies.

article: 3. Violations


citation: FAC § 9501

text: Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.

chapter: 3. Animal Quarantine

article: 1. Definitions

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 1. DISEASED ANIMALS AND POULTRY > 3. Animal Quarantine > 1. Definitions


citation: FAC § 9502

text: “Animal,” “livestock,” or “domestic animal,” includes poultry.

article: 1. Definitions


citation: FAC § 9503

text: “Poultry” includes all domesticated fowl and any wild fowl or bird which is reduced to captivity.

article: 1. Definitions


citation: FAC § 9531

text: If the director receives information of the existence of any contagious, infectious, or transmissible disease which affects domestic animals within this state, he shall thoroughly investigate it. In making such an investigation, he may enter any premises and inspect any animal.

article: 2. Inspections

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 1. DISEASED ANIMALS AND POULTRY > 3. Animal Quarantine > 2. Inspections


citation: FAC § 9532

text: This chapter does not deprive the regular inspectors who are employed by any chartered or incorporated city, or city and county, after they have passed a civil service meat, market, and poultry inspection examination, of the powers which are granted them by such city, or city and county, to inspect animals.

article: 2. Inspections


citation: FAC § 9561

text: The State Veterinarian may establish such quarantine, sanitary, and police regulations as may be necessary to prevent, circumscribe, or exterminate, any condition designated pursuant to Section 9562.

history: (History: Amended by Stats. 2001, Ch. 503, Sec. 1.5. Effective January 1, 2002.)

article: 3. Establishment of Quarantine

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 1. DISEASED ANIMALS AND POULTRY > 3. Animal Quarantine > 3. Establishment of Quarantine


citation: FAC § 9562

text:
(a) Subject to the rights and procedures established pursuant to Chapter 4.5 (commencing with Section 11400) of Division 3 of Title 2 of the Government Code, and in accordance with regulations adopted pursuant to this code, the State Veterinarian shall impose a quarantine if he or she believes, upon any basis reasonably supportable by standard epidemiological practice or credible scientific research, that a population of domestic animals or food product from animals has contracted, or may carry, an illness, infection, pathogen, contagion, toxin, or condition that, without intervention, could transmit an illness that could kill or seriously damage other animals or humans, including, in addition to the original condition, those clinically plausible secondary illnesses, infections, pathogens, contagions, toxins, or conditions arising from the effects of the original.

(b) (1) Because the authority conferred by this section is designed to protect the health and safety of the citizens of this state, the authority shall be interpreted broadly to give full effect to the purpose of protecting the public health and safety and shall be construed to include the imposition of quarantines in the circumstances of natural disaster, whether occurring or imminent, or declared emergencies.

(2) In furtherance of the objectives of the quarantine, the State Veterinarian may impose restrictions not only on the affected animals themselves and the uses to which those animals may be put, but on products produced from, by, or with those animals in order to minimize the risk or spread of food-borne illness.

(3) The State Veterinarian’s quarantine powers set forth in this section expressly include the power to order movement, segregation, isolation, or destruction of animals or food products, as well as the power to hold animals or food products in place.

history: (History: Amended by Stats. 1999, Ch. 447, Sec. 1. Effective January 1, 2000.)

article: 3. Establishment of Quarantine


citation: FAC § 9563

text: It is unlawful for any person to move or allow to be moved any of the animals, food product from animals, vehicles, farm equipment, farm products, or other materials that are subject to restrictions established pursuant to Section 9562 or 9569 unless that person has first obtained authorization from the State Veterinarian.

history: (History: Amended by Stats. 2001, Ch. 503, Sec. 2. Effective January 1, 2002.)

article: 3. Establishment of Quarantine


citation: FAC § 9564

text: If it is necessary to restrict the movements of animals pursuant to Section 9562, the State Veterinarian may fix and proclaim the boundaries of a quarantine area in lieu of separate, individual orders issued to each owner pursuant to Section 9562. While the boundaries are in force, it is unlawful for any person to move or allow to be moved any such animals from or within the boundaries of the quarantine area, unless that person is authorized to do so by the State Veterinarian.

history: (History: Amended by Stats. 2001, Ch. 503, Sec. 3. Effective January 1, 2002.)

article: 3. Establishment of Quarantine


citation: FAC § 9569

text:
In addition to actions that may be directed by the State Veterinarian pursuant to Section 9562, the State Veterinarian may:

(a) Regulate, restrict, or restrain the movements of persons, vehicles, farm equipment, farm and dairy products, and other property from or into the quarantine area, or from place to place within it, during the existence of the quarantine.

(b) Impose, as a condition to travel through or within the quarantine area, that no person or vehicle which is permitted to travel on any road or highway shall depart from the road or highway while within the quarantine area.

(c) Order all animals within the quarantine area to be detained for purposes of examination or inspection at any place which is specified by him or her in the order.

(d) Cause to be destroyed all animals or property which may be found within the area that are affected with the disease, infestation, or condition or which have been so exposed as to be dangerous to themselves or other animals.

(e) Require a proper disposal to be made of the hide and carcass of any animal which is destroyed.

(f) Adopt and enforce all necessary regulations for cleaning and disinfecting any premises or property where the disease, infestation, or condition exists or has existed by treatment, disposal, or otherwise, and such other regulations as he may deem necessary to eradicate the disease and to prevent its dissemination.

history: (History: Amended by Stats. 2001, Ch. 503, Sec. 8. Effective January 1, 2002.)

article: 3. Establishment of Quarantine


citation: FAC § 9570

text: If the State Veterinarian invokes Section 9562, and the importation of animals, animal products, or other property from any state, territory, or foreign country may transmit, carry or disseminate the illness, infection, pathogen, contagion, toxin, or condition designated pursuant to Section 9562, the State Veterinarian shall prescribe the conditions, if any, under which these animals, animal products, or property may be imported into this state.

history: (History: Amended by Stats. 2001, Ch. 503, Sec. 9. Effective January 1, 2002.)

article: 3. Establishment of Quarantine


citation: FAC § 9573

text: A quarantine shall not be established by one county or city against another county or city on account of the existence of any disease or condition subject to the authority of the State Veterinarian pursuant to Section 9562 or 9569.

history: (History: Amended by Stats. 2001, Ch. 503, Sec. 12. Effective January 1, 2002.)

article: 3. Establishment of Quarantine


citation: FAC § 9574

text:
(a) Any person who negligently or intentionally violates any state or federal law or regulation, including any quarantine regulation, by moving any animal or other article, which by virtue of being pest infested or disease infected, causes an infestation or infection of a pest, animal, or disease, or causes an existing infestation to spread beyond any quarantine boundaries is liable civilly in a sum not to exceed twenty-five thousand dollars ($25,000) for each act that constitutes a violation of the law or regulation.

(b) The Attorney General, upon request of the State Veterinarian, shall petition the superior court to impose, assess, and recover the sum imposed pursuant to subdivision (a). In determining the amount to be imposed, the court shall take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation and the nature and persistence of the violation.

(c) The remedy under this section is in addition to, and does not supersede or limit, any and all other remedies, civil or criminal, that are otherwise available to the state.

(d) Any funds recovered pursuant to this section shall be deposited in the Department of Food and Agriculture Fund for emergency pest or disease exclusion, detection, eradication, and research of agricultural plant or animal pests or diseases. These funds may be allocated to cover costs related to the enforcement of this division. These funds are in addition to any funds appropriated for those purposes pursuant to Section 224.

history: (History: Amended by Stats. 2018, Ch. 289, Sec. 6. (AB 3252) Effective January 1, 2019.)

article: 3. Establishment of Quarantine


citation: FAC § 9591

text: Except as otherwise provided in Section 9595, if any animal or property is destroyed pursuant to Section 9569, the owner of the animal or property shall be paid an amount of money as provided in Section 9593.

history: (History: Amended by Stats. 1978, Ch. 599.)

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 1. DISEASED ANIMALS AND POULTRY > 3. Animal Quarantine > 4. Compensable Destruction of Diseased Animals


citation: FAC § 9592

text:
The state may contribute toward the payment for the animal or property destroyed if either of the following occurs:

(a) The United States agrees to share equally in the payment.

(b) The State Veterinarian finds that the failure to dispose of the animal, animal product, or property would be or would have been detrimental to human or animal health or the welfare of that animal industry.

history: (History: Amended by Stats. 2001, Ch. 503, Sec. 14. Effective January 1, 2002.)

article: 4. Compensable Destruction of Diseased Animals


citation: FAC § 9593

text:
(a) The value of the animal or property prior to its destruction for which contribution is made pursuant to subdivision (a) of Section 9592 shall be determined by an appraisal process agreed upon by the secretary of the Department of Food and Agriculture and the Secretary of the United States Department of Agriculture.

(b) The value of the animal or property prior to its destruction for which contribution is made pursuant to Section 9592 shall be expeditiously determined by the secretary in consultation with the affected industry.

(c) Nothing in this provision shall be construed to require appraisal or payment before destruction is carried out.

history: (History: Amended by Stats. 2001, Ch. 503, Sec. 15. Effective January 1, 2002.)


citation: FAC § 9594

text: The department may pay from any money which is available for the support of the department all sums that are due or to become due from the state to owners of animals or property which is taken, destroyed, or otherwise disposed of pursuant to any provision of this code that relates to the control, prevention, or eradication of disease in animals.


citation: FAC § 9595

text: Indemnity payments provided by this division shall not be paid for any animal or property which is taken, destroyed, or otherwise disposed of pursuant to any provision of this code that relates to the control, prevention, or eradication of disease, if the owner is in violation of any quarantine order issued pursuant to this division or any regulation adopted pursuant thereto.

history: (History: Added by Stats. 1978, Ch. 599.)


citation: FAC § 9621

text: Except as otherwise provided in Section 9571, every horse, mule, or other animal which is affected with dourine, as shown by a complement-fixation test, is a public nuisance, and shall be immediately destroyed under the direction and supervision of the department. No indemnity shall be paid for such animal.

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 1. DISEASED ANIMALS AND POULTRY > 3. Animal Quarantine > 5. Noncompensable Destruction of Diseased Animals


text:
(a) Any horse or other Equidae brought into this state shall be accompanied by the following:

(1) A certificate of health from the state of origin issued by an accredited veterinarian. The certificate shall state that the horse or other Equidae is free from evidence of any communicable disease.

(2) Verification that any horse or Equidae has been tested within the preceding 12 months and found negative to a test for equine infectious anemia. The test shall be approved by the secretary and conducted by a laboratory approved by the United States Department of Agriculture, and the necessary sample shall be taken, and the verification signed by, an accredited veterinarian.

(b) A nursing foal of less than six months of age when accompanied by a negative dam and any horse or other Equidae consigned for immediate slaughter shall be exempt from the testing requirements of this section.

history: (History: Amended by Stats. 2014, Ch. 281, Sec. 1. (AB 1597) Effective January 1, 2015.)

article: 6. Importation

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 1. DISEASED ANIMALS AND POULTRY > 3. Animal Quarantine > 6. Importation


text:
(a) The director may issue a permit, valid on January 1 and renewable on or before January 1 of each year thereafter, that exempts any working horse from the requirements of Section 9641.5 under all of the following conditions:

(1) The applicant owns or operates a business or businesses located in both this state and in another state in which horses are used in the operation of the business or businesses.

(2) The horse is moved across the state border from one business location to the other.

(b) The director may require the applicant to furnish any information that the director determines to be necessary as part of the application process.

(c) “Working horse” means a horse used for livestock husbandry or for other ranch-related activities.

history: (History: Added by Stats. 1984, Ch. 913, Sec. 1.)

article: 6. Importation


text: Any positive test for equine infectious anemia performed in a California laboratory shall be reported by telephone within 24 hours to the department by the laboratory making the test.

history: (History: Added by Stats. 1978, Ch. 1030.)

article: 6. Importation


citation: FAC § 9671

text: The director shall meet periodically with the livestock sanitary officials or committees of other states, the duly authorized agricultural representatives of other states and of the United States, or any of them, for the purpose of coordinating livestock sanitary activities within this state and among the several states which have common or similar problems in the field of livestock disease and the prevention, quarantine, eradication, or control of livestock disease.

article: 7. Interagency Cooperation

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 1. DISEASED ANIMALS AND POULTRY > 3. Animal Quarantine > 7. Interagency Cooperation


citation: FAC § 9672

text: A county may appropriate and expend money from the general fund of the county to carry on investigation, inspection, control, and eradication of disease in domestic animals. For such purposes it may enter into agreements with the department or with any other county and the department.

article: 7. Interagency Cooperation


citation: FAC § 9673

text:
An agreement which is entered into pursuant to Section 9672 may do all of the following:

(a) Provide that payments from the county treasuries may be made to the department and disbursed only for investigation, inspection, control and eradication of disease in domestic animals within any county which is a party to the agreement.

(b) Provide that the department shall have full control and supervision in carrying on the work which is provided for.

(c) Be continued for a definite term or until rescinded or terminated.

(d) Provide for the method by which it may be rescinded or terminated by any of the parties to the agreement.

article: 7. Interagency Cooperation


citation: FAC § 9674

text: An agreement which is entered into pursuant to Section 9672 shall provide for the disposition, division, or distribution of any property which is acquired as the result of the joint exercise of powers, and the return of any surplus moneys, in proportion to the contributions which were made, after the agreement has been completed.

article: 7. Interagency Cooperation


citation: FAC § 9691

text: It is unlawful for any person to remove or cause to be removed any animal from any district, area, or premises which is quarantined pursuant to this chapter, except upon the conditions which are prescribed in this chapter.

article: 8. Violations

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 1. DISEASED ANIMALS AND POULTRY > 3. Animal Quarantine > 8. Violations


citation: FAC § 9692

text: It is unlawful for any person to bring or cause to be brought any animal into a quarantined district, area, or premises, without written permission from the State Veterinarian or an authorized representative.

history: (History: Amended by Stats. 2001, Ch. 503, Sec. 16. Effective January 1, 2002.)

article: 8. Violations


citation: FAC § 9693

text: It is unlawful for any person to move or cause to be moved any animal from place to place within any quarantined district, area, or premises, without written permission from the State Veterinarian or an authorized representative.

history: (History: Amended by Stats. 2001, Ch. 503, Sec. 17. Effective January 1, 2002.)

article: 8. Violations


citation: FAC § 9694

text: It is unlawful for any person to resist the destruction of any animal or property ordered destroyed by the State Veterinarian pursuant to Section 9562.

history: (History: Amended by Stats. 2001, Ch. 503, Sec. 18. Effective January 1, 2002.)

article: 8. Violations


citation: FAC § 9695

text: It is unlawful for any person to hide, secrete, or fail to disclose any animal or property that is suffering from, or that has been exposed or potentially exposed to any disease subject to a current quarantine order or to fail to disclose the whereabouts of that animal or property.

history: (History: Amended by Stats. 2001, Ch. 503, Sec. 19. Effective January 1, 2002.)

article: 8. Violations


citation: FAC § 9696

text: It is unlawful for any person to fail or refuse to dispose of any property destroyed pursuant to Section 9562 or 9569 in the manner prescribed by the State Veterinarian, when directed or required to do so.

history: (History: Amended by Stats. 2001, Ch. 503, Sec. 20. Effective January 1, 2002.)

article: 8. Violations


citation: FAC § 9697

text: It is unlawful for any person to fail or refuse to clean or disinfect any premises in the manner prescribed by the State Veterinarian, when directed to do so by the State Veterinarian pursuant to Section 9562 or 9569.

history: (History: Amended by Stats. 2001, Ch. 503, Sec. 21. Effective January 1, 2002.)

article: 8. Violations


citation: FAC § 9698

text: It is unlawful for any person to violate any quarantine order which regulates, restricts, or restrains the movement of persons, vehicles, farm equipment, farm and dairy products into, from, or from place to place within a quarantined district, area, or premises.

history: (History: Enacted by Stats. 1967, Ch. 15.)

article: 8. Violations


citation: FAC § 9699

text: It is unlawful for any person to violate the conditions of any permit which authorizes the permittee to travel upon any road or highway within a quarantined district, area, or premises.

article: 8. Violations


citation: FAC § 9700

text: It is unlawful for any person to violate any other provision of this chapter or any regulation or order which is made pursuant to it.

article: 8. Violations


citation: FAC § 9701

text: Any violation of any provision of this chapter is an infraction punishable by a fine of not more than one hundred dollars ($100) for the first offense and is a misdemeanor punishable by a fine of not less than one hundred dollars ($100) or more than one thousand dollars ($1,000) or by imprisonment in the county jail for not more than six months, or by both the fine and imprisonment, for a second or subsequent offense committed within three years of a prior conviction under this chapter.

history: (History: Amended by Stats. 1984, Ch. 647, Sec. 1.)

article: 8. Violations