citation: FAC § 9702

text: It is unlawful for the operator of any vehicle to fail to stop the vehicle upon demand of a clearly identified animal health quarantine officer when the officer orders the operator to stop for the purpose of determining whether any quarantine which is established pursuant to this chapter is being violated and the officer has reasonable cause to believe that the vehicle is being used in connection with a quarantine violation.

history: (History: Added by Stats. 1984, Ch. 539, Sec. 2.)

article: 8. Violations


kind: section

code: FAC

citation: FAC § 9801

text: This part does not apply to animals which are used in research projects of the University of California.

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

part: 2. DISEASED BOVINES

chapter: 1. Exceptions

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 2. DISEASED BOVINES > 1. Exceptions


citation: FAC § 9901

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

chapter: 2. Bovine Tuberculosis

article: 1. Definitions

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 2. DISEASED BOVINES > 2. Bovine Tuberculosis > 1. Definitions


citation: FAC § 9902

text: “Accredited herd” means a herd of cattle for which the owner holds a valid certificate of accreditation issued to him by the United States Department of Agriculture and the department.

division: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL

article: 1. Definitions


citation: FAC § 9903

text: “Approved veterinarian” means a veterinarian who has been granted permission by the department to buy, possess, or use tuberculin.

article: 1. Definitions


citation: FAC § 9904

text: “Bovine animals” means cattle.

history: (History: Amended by Stats. 2004, Ch. 246, Sec. 1. Effective August 23, 2004.)

article: 1. Definitions


citation: FAC § 9907

text: “State TB status” means an area so declared by the United States Department of Agriculture.

history: (History: Repealed and added by Stats. 2004, Ch. 246, Sec. 5. Effective August 23, 2004.)

article: 1. Definitions


citation: FAC § 9908

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

article: 1. Definitions


citation: FAC § 9909

text: “Purebred animal” means an animal which is identified in the herd book of a breed record association that is recognized by the United States Department of Agriculture.

article: 1. Definitions


citation: FAC § 9910

text: “Reactor” or “reacting bovine animal” means any bovine animal that reacts positively to a tuberculosis test or that is determined to be tuberculosis upon examination.

history: (History: Amended by Stats. 2004, Ch. 246, Sec. 6. Effective August 23, 2004.)

article: 1. Definitions


citation: FAC § 9912

text: “Tuberculosis test” means the use of an official test for diagnosing tuberculosis in cattle.

history: (History: Amended by Stats. 2004, Ch. 246, Sec. 8. Effective August 23, 2004.)

article: 1. Definitions


citation: FAC § 9913

text: “Tuberculosis control area” means an area which is established and delimited as such by proclamation of the department.

article: 1. Definitions


citation: FAC § 9914

text: “Tuberculosis-exposed cattle” means cattle that have been in contact with, or exposed to, any reactor or tuberculosis infected premises, or any tuberculosis infected material.

history: (History: Added by Stats. 2004, Ch. 246, Sec. 9. Effective August 23, 2004.)

article: 1. Definitions


citation: FAC § 9931

text: To carry out the provisions of this chapter, the inspectors or agents of the department or the United States Department of Agriculture, may at any time or place, enter upon any premises, except dwelling houses. No person shall obstruct, hamper, or interfere with the agents or inspectors while they are enforcing the provisions of this chapter.

article: 2. General Provisions

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 2. DISEASED BOVINES > 2. Bovine Tuberculosis > 2. General Provisions


citation: FAC § 9932

text: The State Veterinarian may make regulations as are reasonably necessary to carry into effect the provisions of this chapter to prevent bovine tuberculosis from entering and spreading within this state.

history: (History: Amended by Stats. 2004, Ch. 246, Sec. 10. Effective August 23, 2004.)

article: 2. General Provisions


citation: FAC § 9933

text: The department may enter into any cooperative agreement with the United States Department of Agriculture to undertake tuberculosis control pursuant to this chapter.

history: (History: Added by Stats. 2004, Ch. 246, Sec. 11. Effective August 23, 2004.)

article: 2. General Provisions


citation: FAC § 9941

text:
(a) The State Veterinarian may designate approved veterinarians to buy, possess, or use tuberculosis tests and may suspend or revoke that designation.

(b) The State Veterinarian may designate a duly authorized representative of the department or of the United States Department of Agriculture to possess or use tuberculosis tests and may suspend or revoke that designation.

history: (History: Amended by Stats. 2004, Ch. 246, Sec. 13. Effective August 23, 2004.)

article: 3. Sale and Use of Tuberculosis Tests

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 2. DISEASED BOVINES > 2. Bovine Tuberculosis > 3. Sale and Use of Tuberculosis Tests


citation: FAC § 9942

text: Any sale or disposition of tuberculosis tests within the state shall be reported to the department within five days after the sale or disposition.

history: (History: Amended by Stats. 2004, Ch. 246, Sec. 14. Effective August 23, 2004.)

article: 3. Sale and Use of Tuberculosis Tests


citation: FAC § 9943

text:
(a) It is a misdemeanor punishable by imprisonment in the county jail for not less than 90 days, without alternative of a fine in any case, for any person who is not an approved veterinarian to buy, possess, or use tuberculosis tests.

(b) It is a misdemeanor punishable by imprisonment in a county jail for not less than 90 days, without alternative of a fine in any case, for any person who is not a duly authorized representative of the department or of the United States Department of Agriculture to possess or use tuberculosis tests.

history: (History: Amended by Stats. 2004, Ch. 246, Sec. 15. Effective August 23, 2004.)

article: 3. Sale and Use of Tuberculosis Tests


citation: FAC § 9944

text: It is unlawful for any person to sell or otherwise dispose of any tuberculosis test in the state that has not been produced under license of the Agricultural Research Service of the United States Department of Agriculture.

history: (History: Amended by Stats. 2004, Ch. 246, Sec. 16. Effective August 23, 2004.)

article: 3. Sale and Use of Tuberculosis Tests


citation: FAC § 9971

text: Any approved veterinarian or duly authorized representative of the department or of the United States Department of Agriculture may ear tag or otherwise identify any bovine animal to establish the identity of the animal, while applying a tuberculosis test to it.

history: (History: Amended by Stats. 2004, Ch. 246, Sec. 18. Effective August 23, 2004.)

article: 4. Tuberculosis Tests

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 2. DISEASED BOVINES > 2. Bovine Tuberculosis > 4. Tuberculosis Tests


citation: FAC § 9972

text: The result of every tuberculosis test shall be reported to the State Veterinarian by the veterinarian who conducted the test within 48 hours after the completion of the test.

history: (History: Amended by Stats. 2004, Ch. 246, Sec. 19. Effective August 23, 2004.)

article: 4. Tuberculosis Tests


citation: FAC § 9973

text: Every reactor, immediately upon the determination of such reaction, shall be identified, pursuant to regulations of the department and the United States Department of Agriculture, by its owner or the owner’s agent under the supervision of the approved veterinarian who conducts the tuberculosis test.

history: (History: Amended by Stats. 2004, Ch. 246, Sec. 20. Effective August 23, 2004.)

article: 4. Tuberculosis Tests


citation: FAC § 9974

text: If the State Veterinarian has reason to suspect an irregularity in the application of a tuberculosis test or the identification of reactors, the State Veterinarian may enter any premises for the purpose of examining any bovine animals in or on the premises to determine if there has been any abuse or misuse of tuberculosis, or any faulty, unskillful, or irregular technique or procedure in the application of the tuberculosis test, identification of reactors, or identification of animals tested for tuberculosis.

history: (History: Amended by Stats. 2004, Ch. 246, Sec. 21. Effective August 23, 2004.)

article: 4. Tuberculosis Tests


citation: FAC § 9975

text:
It is unlawful for any person to do any of the following:

(a) Obstruct, attack, or interfere with, or permit to be obstructed, attacked, or interfered with, the State Veterinarian or an approved veterinarian who is conducting a tuberculosis test.

(b) Neglect or fail to properly secure and restrain any bovine animal to be tuberculosis tested, or under tuberculosis test, for examination, injection, observation, or other procedures that pertain to a tuberculosis test.

history: (History: Amended by Stats. 2004, Ch. 246, Sec. 22. Effective August 23, 2004.)

article: 4. Tuberculosis Tests


citation: FAC § 9976

text: It is a misdemeanor which is punishable by imprisonment in the county jail for not less than 90 days, without the alternative of a fine in any case, for any person to defeat or interfere with or to attempt to defeat or interfere with a tuberculosis test.

history: (History: Amended by Stats. 2004, Ch. 246, Sec. 23. Effective August 23, 2004.)

article: 4. Tuberculosis Tests


citation: FAC § 9977

text: It is a misdemeanor which is punishable by imprisonment in the county jail for not less than 90 days, without the alternative of a fine in any case, for any person to obstruct, defeat, or interfere with or to attempt to obstruct, defeat, or interfere with a tuberculosis test by transporting from a premises or by hiding away or sequestering any bovine animal from or by bringing substitute bovine animals onto, such premises after receipt of a notification by the owner or person in charge of such animals on the premises from the department or from an approved veterinarian who is conducting tuberculosis tests, stating that the animals or herd on such premises will be tuberculosis tested on or before a certain date or will be under tuberculosis test for a stated period and that the animals or herd shall be held on the stated premises for a specified period.

history: (History: Amended by Stats. 2004, Ch. 246, Sec. 24. Effective August 23, 2004.)

article: 4. Tuberculosis Tests


citation: FAC § 9978

text: Permission in writing may be obtained from the department or the approved veterinarian who is conducting the tuberculosis tests to allow any necessary movement of the animals required to be held pursuant to Section 9977. Upon the completion of the tuberculosis test that is referred to in the notification, the department or the approved veterinarian shall issue a written release from the holding requirements of the notice.

history: (History: Amended by Stats. 2004, Ch. 246, Sec. 25. Effective August 23, 2004.)

article: 4. Tuberculosis Tests


citation: FAC § 9979

text: It is unlawful for any person to apply a tuberculosis test to any bovine animal that has at any time been found by an approved veterinarian to be a reactor.

history: (History: Amended by Stats. 2004, Ch. 246, Sec. 26. Effective August 23, 2004.)

article: 4. Tuberculosis Tests


citation: FAC § 9980

text: It is unlawful for any person to knowingly apply tuberculosis tests that are not approved tests.

history: (History: Amended by Stats. 2004, Ch. 246, Sec. 27. Effective August 23, 2004.)

article: 4. Tuberculosis Tests


citation: FAC § 9981

text: It is unlawful for any person to have any tuberculosis infected or exposed bovine animal at any livestock fair or show.

history: (History: Amended by Stats. 2004, Ch. 246, Sec. 28. Effective August 23, 2004.)

article: 4. Tuberculosis Tests


citation: FAC § 9982

text: It is unlawful for any person to knowingly sell, after notification of its condition from the department, any bovine animal that has tuberculosis as shown by a positive reaction to the tuberculosis test, physical examination, or any other method which is recognized by the department, unless the person has first obtained a permit in writing from the department.

history: (History: Amended by Stats. 2004, Ch. 246, Sec. 29. Effective August 23, 2004.)

article: 4. Tuberculosis Tests


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

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

article: 5. Tuberculosis Control Areas

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 2. DISEASED BOVINES > 2. Bovine Tuberculosis > 5. Tuberculosis Control Areas


text: When the department establishes a tuberculosis control area, the affected industry shall be notified.

history: (History: Amended by Stats. 2004, Ch. 246, Sec. 31. Effective August 23, 2004.)

article: 5. Tuberculosis Control Areas


text: The State Veterinarian may authorize the testing of any cattle in a tuberculosis control area to determine which animals are affected with tuberculosis.

history: (History: Repealed and added by Stats. 2004, Ch. 246, Sec. 33. Effective August 23, 2004.)

article: 5. Tuberculosis Control Areas


text: All owners of cattle within a tuberculosis control area that are subject to examination and tuberculosis testing shall, upon request of the department, provide necessary facilities for conducting tuberculosis tests, and render such assistance as may be required.

history: (History: Amended by Stats. 2004, Ch. 246, Sec. 35. Effective August 23, 2004.)

article: 5. Tuberculosis Control Areas


text: Cattle moving into a tuberculosis control area must meet the requirements specified by the State Veterinarian.

history: (History: Repealed and added by Stats. 2004, Ch. 246, Sec. 37. Effective August 23, 2004.)

article: 5. Tuberculosis Control Areas


text: The State Veterinarian may impose a quarantine pursuant to Section 9562 when any bovine animal reacts positively to a tuberculosis test conducted by an approved veterinarian or a duly authorized representative of the department or of the United States Department of Agriculture, or determined to be tuberculous upon physical examination.

history: (History: Amended by Stats. 2004, Ch. 246, Sec. 41. Effective August 23, 2004.)

article: 7. Slaughter of Reacting Bovine Animals

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 2. DISEASED BOVINES > 2. Bovine Tuberculosis > 7. Slaughter of Reacting Bovine Animals


text: The value of the reacting bovine animal for which indemnity is paid shall be determined in accordance with the provisions in Sections 9592 and 9593.

history: (History: Amended by Stats. 2004, Ch. 246, Sec. 42. Effective August 23, 2004.)

article: 7. Slaughter of Reacting Bovine Animals


text: Within 30 days after the appraisal of the reacting bovine animal, it shall be slaughtered under the supervision of the State Veterinarian.

history: (History: Amended by Stats. 2004, Ch. 246, Sec. 43. Effective August 23, 2004.)

article: 7. Slaughter of Reacting Bovine Animals


text: Animals shall be tested or slaughtered pursuant to this article even if indemnity funds are unavailable.

history: (History: Amended by Stats. 2004, Ch. 246, Sec. 44. Effective August 23, 2004.)

article: 7. Slaughter of Reacting Bovine Animals


text: The slaughtering of any reacting bovine animal, pursuant to this article, shall be under the supervision of the department, or of the United States Department of Agriculture.

history: (History: Amended by Stats. 2004, Ch. 246, Sec. 45. Effective August 23, 2004.)

article: 7. Slaughter of Reacting Bovine Animals


text: The carcasses of the slaughtered animals shall be disposed of pursuant to the regulations of the department or the rules and regulations of the United States Department of Agriculture that govern meat inspection.

history: (History: Amended by Stats. 2004, Ch. 246, Sec. 46. Effective August 23, 2004.)

article: 7. Slaughter of Reacting Bovine Animals


text:
If an animal is slaughtered pursuant to this article, and indemnity funds are available, the owner may receive part or all of the following:

(a) The proceeds of the sale of the salvage of the animal.

(b) From the United States Department of Agriculture, any sum that is authorized to be paid to the owner from any appropriation that is made by the United States Department of Agriculture to assist in the eradication of tuberculosis in cattle in this state.

history: (History: Amended by Stats. 2004, Ch. 246, Sec. 47. Effective August 23, 2004.)

article: 7. Slaughter of Reacting Bovine Animals


text:
Indemnity provided by this article shall not be paid to any person in any of the following cases:

(a) For any bovine animal that is brought into a tuberculosis control area that reacts to a tuberculosis test that is applied within 90 days after arrival of the animal in the area, as provided for in this chapter.

(b) For any bovine animal that is brought into a tuberculosis control area in violation of any law, any regulation of the department, or any rule or regulation of the United States Department of Agriculture.

(c) For any reacting bovine animal, until the premises, where the animal had been kept, have been cleaned and disinfected by the owner in a manner that is approved by an agent of the department or of the United States Department of Agriculture.

(d) For any reacting bovine animal that is not slaughtered within 30 days after the animal is appraised.

(e) For any animal that is owned by a federal, state, or local government entity.

(f) If the person has violated any provision of this chapter that relates to a tuberculosis control area or any regulation that is made by the department that relates to such an area.

history: (History: Amended by Stats. 2004, Ch. 246, Sec. 48. Effective August 23, 2004.)

article: 7. Slaughter of Reacting Bovine Animals


text:
A subsequent payment of indemnity shall not be made to any person in any of the following cases:

(a) Unless the provisions of this chapter have been fully complied with for each and every bovine animal added to his herd.

(b) Unless and until the premises are maintained in a sanitary condition which is satisfactory to the department or the United States Department of Agriculture.

article: 7. Slaughter of Reacting Bovine Animals


text: The pedigree of any purebred bovine animal shall be proved by a certificate of registry from the herd books where the animal is registered. The registration papers of any purebred bovine animal which is slaughtered because of tuberculosis and for which indemnity is paid shall be marked “canceled” by the department.

article: 7. Slaughter of Reacting Bovine Animals


text: Each claim against the state for payment for the slaughter of any reacting bovine shall be presented to the State Controller and paid out of appropriations or funds available for that purpose in accordance with law. Every claim shall be paid within 60 days after the date of presentation if the claimant is entitled to payment.

article: 7. Slaughter of Reacting Bovine Animals


text: The State Veterinarian may impose a quarantine pursuant to Section 9562 when it has been determined that any bovine animal has been exposed to tuberculosis.

history: (History: Added by Stats. 2004, Ch. 246, Sec. 50. Effective August 23, 2004.)

article: 9. Tuberculosis-Exposed Cattle

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 2. DISEASED BOVINES > 2. Bovine Tuberculosis > 9. Tuberculosis-Exposed Cattle


text: The State Veterinarian may impose tuberculosis testing requirements for tuberculosis-exposed cattle.

history: (History: Repealed and added by Stats. 2004, Ch. 246, Sec. 52. Effective August 23, 2004.)

article: 9. Tuberculosis-Exposed Cattle


text: Indemnity for reacting tuberculosis-exposed cattle may be available and shall be in accordance with the provision stated in Article 7 (commencing with Section 10061) of this chapter.

history: (History: Repealed and added by Stats. 2004, Ch. 246, Sec. 54. Effective August 23, 2004.)

article: 9. Tuberculosis-Exposed Cattle


text:
The State Veterinarian may issue a special permit for the movement of tuberculosis-exposed cattle to any of the following:

(a) An establishment that is operating under state, state approved, or federal meat inspection, or a public stockyards designated by the department to handle reactors and tuberculosis-exposed cattle for slaughter.

(b) Premises where tuberculosis-exposed cattle are kept.

(c) Premises where no spread of tuberculosis to other cattle could occur.

history: (History: Amended by Stats. 2004, Ch. 246, Sec. 55. Effective August 23, 2004.)

article: 9. Tuberculosis-Exposed Cattle


text: If the owner or any person that is in charge of cattle, after 10 days’ written notice, refuses properly to confine in corrals or stanchions any cattle that are subject to examination, tuberculosis testing, identification, or slaughter, the department shall be entitled to reimbursement from the owner for necessary costs incurred to properly examine, tuberculosis test, identify, or slaughter the cattle.

history: (History: Amended by Stats. 2004, Ch. 246, Sec. 59. Effective August 23, 2004.)

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 2. DISEASED BOVINES > 2. Bovine Tuberculosis > 11. Confinement of Cattle Subject to Examination


text: Any expense which is incurred by the department pursuant to Section 10151 is a lien upon the cattle. Unless the amount of the lien is paid within 10 days after written notice of the amount of the lien is given by the department to the owner or person that is in possession of the cattle, the lien shall be enforced pursuant to Section 3052 of the Civil Code.

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

article: 11. Confinement of Cattle Subject to Examination


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

chapter: 3. Bovine Brucellosis

article: 1. Definitions

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 2. DISEASED BOVINES > 3. Bovine Brucellosis > 1. Definitions


text: “Accredited veterinarian” means a veterinarian who is so designated by the United States Department of Agriculture and the department.

article: 1. Definitions


text: “Bovine animals” means neat cattle.

article: 1. Definitions


text: “Brucellosis” means the disease of cattle which is caused by Brucella microorganisms.

article: 1. Definitions


text: “Brucellosis control area,” means any area that has been so established by the department in order to qualify and maintain such area in accordance with certification standards of the bovine brucellosis eradication uniform methods and rules adopted by the United States Department of Agriculture.

article: 1. Definitions


text: “Cattle” means neat cattle.

article: 1. Definitions


text: “Official veterinarian” means a veterinarian who is in the employ of the United States Department of Agriculture or the department.

article: 1. Definitions


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

article: 1. Definitions


text: “Reactor” or “reacting bovine animal” means any bovine animal that reacts positively to a test for brucellosis which is approved by the director.

article: 1. Definitions


text: “Vaccinate” or “vaccination” means the use of vaccine in cattle.

article: 1. Definitions


text: “Vaccine” means any vaccine which is produced by a laboratory which is licensed by the Agricultural Research Service of the United States Department of Agriculture and recognized by the department for use in preventing or treating brucellosis in cattle.

article: 1. Definitions


text: The department may enter into any cooperative arrangement with the United States Department of Agriculture to undertake brucellosis control pursuant to this chapter.

article: 2. General Provisions

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 2. DISEASED BOVINES > 3. Bovine Brucellosis > 2. General Provisions


text: To carry out the provisions of this chapter, any duly authorized representative of the department or of the United States Department of Agriculture, may enter upon any premises except dwelling houses. No person shall interfere with the representative while he is enforcing the provisions of this chapter.

article: 2. General Provisions


text: The department may use the services of official veterinarians or contract with accredited veterinarians to carry out the provisions of this chapter.

article: 2. General Provisions


text: The director may make such regulations as are reasonably necessary to carry this chapter into effect. He may require such reports and records as are necessary.

article: 2. General Provisions


text: Every accredited veterinarian who is conducting work pursuant to this chapter shall submit reports to the department on forms that are furnished for that purpose.

article: 2. General Provisions


text: In addition to any other authority in this part that is available to the director for the purpose of preventing the spread of any disease of livestock, the director may adopt regulations to prevent the spread within this state of bovine brucellosis through limitations on movement of bovine animals or through such tests or vaccinations or other means as he may find and determine to be necessary. If he finds and determines that similar regulations are necessary interstate, he shall notify the Governor in order that the procedure which is set forth in Section 9570 may be followed.

article: 2. General Provisions


text: To accomplish the purpose of this chapter and to prevent outbreaks of brucellosis, the director shall by regulation establish conditions for the movement of female dairy cattle, such as evidence of calfhood vaccination or other appropriate recognized tests.

history: (History: Added by Stats. 1970, Ch. 802.)

article: 2. General Provisions


text: Any vaccine which is used pursuant to this chapter shall be procured by the department from a laboratory which is licensed by the Agricultural Research Service of the United States Department of Agriculture. The vaccine, after purchase directly from the laboratory, shall be distributed by the department.

article: 3. Vaccines

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 2. DISEASED BOVINES > 3. Bovine Brucellosis > 3. Vaccines


text: It is unlawful for any person, except a federal, state, county, or municipal officer or employee, in his official capacity, or an accredited veterinarian, to buy, possess or use a vaccine or antigen which contains brucella micro-organisms, except pursuant to the regulations of the director.

article: 3. Vaccines


text: All female dairy calves shall be vaccinated by an official veterinarian or an accredited veterinarian, who is authorized by the department, at such ages as are designated by the department. Male dairy calves and beef calves may, at the option of the owner, be vaccinated.

article: 4. Vaccinations

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 2. DISEASED BOVINES > 3. Bovine Brucellosis > 4. Vaccinations


text: Each calf which is vaccinated pursuant to this chapter shall have an official tattoo placed in the right ear by the veterinarian who performs the service that shows the period within which the animal was vaccinated, or such other evidence of vaccination or identification as the department may by regulation specify.

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

article: 4. Vaccinations


text: The owner of any calf which is to be vaccinated pursuant to this chapter shall, upon request of the department, provide the necessary facilities and assistance for such vaccination.

article: 4. Vaccinations


text: If the owner or any person that is in charge of any dairy calf, after 10 days’ written notice by the department, refuses properly to confine in a corral or stanchions, any calf which is required to be vaccinated and identified pursuant to this chapter, the department may in such case incur such expense as is necessary to properly vaccinate and identify the calf.

article: 4. Vaccinations


text: Any expense which is incurred by the department pursuant to Section 10354 is a lien upon the calf which is vaccinated and identified. Unless the amount of the lien is paid within 10 days after written notice of the amount of the lien is given by the department to the owner or person that is in possession of the calf, the lien shall be enforced pursuant to Section 3052 of the Civil Code.

article: 4. Vaccinations


text: The vaccination of any bovine animal pursuant to the provisions of this chapter shall be by either an official veterinarian or an accredited veterinarian, who is authorized by the department. The director may charge a reasonable fee to cover the cost of any vaccination performed by an official veterinarian other than the cost of the vaccine.

history: (History: Repealed and added by Stats. 1970, Ch. 802.)

article: 4. Vaccinations


text: It is unlawful for any person to refuse to submit a dairy calf which is required to be vaccinated and identified pursuant to this chapter to such vaccination.

article: 4. Vaccinations


text: It is unlawful for any person to remove any official mark which is required by this chapter, or to imitate or simulate such official mark.

article: 4. Vaccinations


text: It is unlawful for any person, except a federal, state, county, or municipal officer or employee, in his official capacity, or an accredited veterinarian, to buy, possess, or use any device which is designed to produce a mark, stamp, or tattoo that simulates in design the official tattoo, tag, or mark that is adopted by the department and the United States Department of Agriculture for identifying cattle which are officially vaccinated against brucellosis.

article: 4. Vaccinations


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

article: 5. Brucellosis Control Areas

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 2. DISEASED BOVINES > 3. Bovine Brucellosis > 5. Brucellosis Control Areas


text: The department shall examine and test such cattle for brucellosis in any brucellosis control area as the director may specify, as often as may be deemed necessary to qualify and maintain such area within the standards of certification which are adopted by the United States Department of Agriculture.

article: 5. Brucellosis Control Areas


text: All owners of cattle which are subject to examination and testing for brucellosis within a brucellosis control area shall, upon request of the department, provide the necessary facilities for collecting such samples of blood or milk as may be deemed necessary to conduct tests for brucellosis, and shall render such assistance as may be required.

article: 5. Brucellosis Control Areas


text: If any owner or person that is in charge of cattle, after 10 days’ written notice by the department, refuses properly to confine in corrals, stanchions, or chutes, any cattle within a brucellosis control area which are required to be tested and identified pursuant to this chapter, the owner is guilty of a misdemeanor and the department may in such case incur such expense as is necessary to properly confine and identify the cattle.

article: 5. Brucellosis Control Areas


text: Any expense which is incurred by the department pursuant to Section 10384 is a lien upon the cattle which are tested and identified. Unless the amount of the lien is paid within 10 days after written notice of the amount of the lien has been given by the department to the owner or person that is in possession of the cattle, the lien shall be enforced pursuant to Section 3052 of the Civil Code.

article: 5. Brucellosis Control Areas


text: The director shall, by regulation, designate the conditions under which cattle may be moved into a brucellosis control area.

article: 5. Brucellosis Control Areas


text: It is unlawful for any person to refuse to submit any cattle which are required to be tested pursuant to this chapter, for the collection of milk or blood samples, or to refuse to submit any milk samples which are necessary for the testing of cattle for brucellosis pursuant to this chapter.

article: 5. Brucellosis Control Areas


text: Any bovine animal in a brucellosis control area that reacts positively to a test for brucellosis shall immediately be identified pursuant to the regulations of the secretary. The animal shall be slaughtered within 30 days in accordance with the regulations of the secretary.

history: (History: Amended by Stats. 1996, Ch. 653, Sec. 7. Effective January 1, 1997.)

article: 6. Slaughter of Reacting Bovine Animals

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 2. DISEASED BOVINES > 3. Bovine Brucellosis > 6. Slaughter of Reacting Bovine Animals


text: The value of an animal which is slaughtered shall be determined by appraisement by a representative of the department or a representative of the Agricultural Research Service of the United States Department of Agriculture, and by the owner or his agent. If such persons do not agree on the valuation of the animal, the animal shall be appraised by the chief appraiser of the department or his representative. In either event, the value which is determined is final.

article: 6. Slaughter of Reacting Bovine Animals


text: Within 30 days after the appraisal of the animal, it shall be slaughtered under the supervision of the director.

article: 6. Slaughter of Reacting Bovine Animals


text: Where it is necessary to prevent the spread within this state of bovine brucellosis, the director may provide for the slaughter of animals.

article: 6. Slaughter of Reacting Bovine Animals


text:
If an animal is slaughtered pursuant to this article, and indemnity funds are available, the owner of the animal may receive part or all of the following:

(a) The proceeds of the sale of the salvage of the animal.

(b) From the United States Department of Agriculture, any sum that is authorized to be paid to the owner from any appropriation that is made by the United States Department of Agriculture to assist in the eradication of brucellosis in cattle in this state.

history: (History: Repealed and added by Stats. 2013, Ch. 623, Sec. 2. (AB 1319) Effective January 1, 2014.)

article: 6. Slaughter of Reacting Bovine Animals


text:
Indemnity shall not be paid to any person in any of the following cases:

(a) For any steer or grade bull that is determined to be a reactor.

(b) For any bovine animal that is brought into a brucellosis control area, that reacts to a brucellosis test which is applied within 90 days after the arrival of the animal in the area as provided for in this chapter.

(c) For any bovine animal that is brought into a brucellosis control area, in violation of any law, any regulation of the department, or any rule or regulation of the United States Department of Agriculture.

(d) For any reacting bovine animal, until the premises, where the animal had been kept, have been cleaned and disinfected by the owner in a manner approved by an agent of the department or of the United States Department of Agriculture.

(e) For any reacting bovine animal that is not slaughtered within 30 days after the animal was appraised.

(f) For any animal that is owned by the United States, this state, or any county or city in the state.

(g) For any bovine animal that was vaccinated for brucellosis after reaching 12 months of age. However, indemnity shall be provided for any bovine animal that was vaccinated after reaching 12 months of age and that was part of an official whole herd adult vaccination plan approved by the secretary. “Official whole herd adult vaccination plan” means a plan, approved by the secretary, whereby all female cattle exceeding 12 months of age are vaccinated against brucellosis using an approved vaccine as defined in Section 10311 and are identified as required by the department.

(h) For any bovine animal in a herd that has been under an order to hold, issued pursuant to Section 9565, for more than 18 consecutive months, except as provided by subdivision (i).

(i) For any officially adult vaccinated bovine animal in a herd that has been under an order to hold, issued pursuant to Section 9565, for more than 22 consecutive months.

(j) If the person has violated any provision of this chapter that relates to a brucellosis control area, or any regulation that is adopted by the department that relates to such an area.

history: (History: Amended by Stats. 1996, Ch. 653, Sec. 8. Effective January 1, 1997.)

article: 6. Slaughter of Reacting Bovine Animals


text:
(a) The owner of a herd that is subject to subdivision (h) or (i) of Section 10406 may appeal to the director in writing, on a form as prescribed by the director, for continuation of indemnity payments.

(b) Upon a determination that the herd owner was in full compliance with the laws and regulations, the director, notwithstanding Section 10406, may grant a continuation of indemnity payments to the herd owner for a period of time deemed appropriate by the director.

history: (History: Amended by Stats. 1993, Ch. 56, Sec. 10. Effective January 1, 1994.)

article: 6. Slaughter of Reacting Bovine Animals


text:
A subsequent payment of indemnity shall not be made to any person in any of the following cases:

(a) Unless the provisions of this chapter have been fully complied with for each and every bovine animal that is added to his herd.

(b) Unless and until the premises are maintained in a sanitary condition, which is satisfactory to the department or the United States Department of Agriculture.

article: 6. Slaughter of Reacting Bovine Animals


text:
Notwithstanding any other provision of this chapter, the secretary may proceed with the identification of nonreacting animals in a herd in the same manner as provided in Section 10401 and require the slaughter of those animals and the disinfection of the premises where the animals have been kept if all of the following requirements are satisfied:

(a) The secretary determines that bovine brucellosis cannot be eradicated or effectively controlled in the particular herd by the usual recognized methods.

(b) The secretary determines that slaughter of the remaining exposed nonreacting animals in the herd is the best and most practical method of attaining eradication or control.

(c) The secretary has entered into a voluntary agreement with the owner of the nonreacting animals to carry out the purposes and conditions of this chapter.

(d) Funds are available to indemnify the owner of the nonreacting animals.

history: (History: Amended by Stats. 1996, Ch. 653, Sec. 9. Effective January 1, 1997.)

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 2. DISEASED BOVINES > 3. Bovine Brucellosis > 7. Slaughter of Exposed Nonreacting Animals


text: The value of a nonreacting animal that is slaughtered shall be determined by appraisement by a representative of the department or a representative of the Agricultural Research Service of the United States Department of Agriculture, and by the owner or his or her agent. If these persons do not agree on the valuation of the animal, the animal shall be appraised by the chief appraiser of the department, or his or her representative. In either event, the value that is determined is final.

history: (History: Repealed and added by Stats. 2013, Ch. 623, Sec. 4. (AB 1319) Effective January 1, 2014.)

article: 7. Slaughter of Exposed Nonreacting Animals


text:
If a nonreacting animal is slaughtered pursuant to this article, and indemnity funds are available, the owner of the animal may receive part or all of the following:

(a) The proceeds of the sale of the salvage of the animal.

(b) From the United States Department of Agriculture, any sum that is authorized to be paid to the owner from any appropriation that is made by the United States Department of Agriculture to assist in the eradication of brucellosis in cattle in this state.

history: (History: Added by Stats. 2013, Ch. 623, Sec. 5. (AB 1319) Effective January 1, 2014.)


text:
Indemnity provided by this article shall not be paid in any of the following cases:

(a) For any bovine animal which reacts to the brucellosis test or shows active brucellosis prior to or at slaughter. In this case, the indemnity rate which is provided in Section 10405 shall apply.

(b) For any bovine animal, unless all exposed cattle, swine, goats, sheep, and horses on the premises are slaughtered.

(c) For any bovine animal, until the premises where the animal has been kept have been cleaned and disinfected by the owner in a manner which is approved by an agent of the department or of the United States Department of Agriculture.

(d) For any steer or grade bull.

(e) For any animal which is owned by the United States, this state, or any county or city in the state.

(f) If the owner is in violation of any provision of this chapter or any regulation which is made by the department that relates to bovine brucellosis.

(g) For any animal which is not slaughtered within 30 days after such animal is appraised.

(h) For any bovine animal which originated in another state or country that has not been in this state for at least 90 days.

history: (History: Amended by Stats. 1969, Ch. 304.)


text: If an owner of cattle refuses to slaughter exposed, nonreacting bovine animals pursuant to the provisions of Article 7 (commencing with Section 10421) when requested by the director to do so, the cattle owner shall then be responsible for paying to the director the full costs of the department in eradicating brucellosis from his herd. Such responsibility shall begin with the refusal to slaughter exposed, nonreacting animals and shall continue until brucellosis is eradicated from the herd.

history: (History: Repealed and added by Stats. 1977, Ch. 646.)

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 2. DISEASED BOVINES > 3. Bovine Brucellosis > 8. Brucellosis Eradication Compensation Costs


text:
The following procedures shall be followed when brucellosis has been identified in a herd of cattle:

(a) An official veterinarian shall conduct an epidemiological investigation of the infected herd and premises involved in order to determine the specific methods and actions necessary to eradicate the disease from the herd.

(b) Upon request of the owner of the infected herd, the investigation provided for in subdivision (a) shall be conducted with the assistance and participation of a licensed veterinarian selected by such owner.

(c) An official epidemiological report shall be prepared which shall specify the methods and actions necessary to eradicate the disease, and shall include reasonable guidelines for timing the accomplishment of the various tasks associated with such activity.

(d) Any person who is aggrieved at any determination made pursuant to this section may appeal in writing to the director within five days after notice of such determination. The director may affirm, reverse or modify such determination after his review of the epidemiological report and the issues involved.

(e) The epidemiological report required by subdivision (c) shall become the basis for a memorandum of understanding which shall be developed between the owner of the infected herd and the department covering the following points:

(1) Herd management practices that will be employed to facilitate the disease eradication effort.

(2) Any physical facilities modification that will be required in the eradication effort.

(3) Specific dates for accomplishing the various tasks required in the eradication effort.

This memorandum of understanding may be developed with the participation of a licensed veterinarian if such veterinarian participated in the epidemiological investigation pursuant to subdivision (b).

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

article: 8. Brucellosis Eradication Compensation Costs


text: If an owner of brucellosis infected or exposed cattle refuses to participate in the development and signing of the memorandum of understanding required by subdivision (e) of Section 10493, or fails or refuses to comply with the provisions of such memorandum, the cattle owner shall immediately become responsible for paying to the director all further costs incurred by the department in eradicating the disease from the herd of cattle owned by such person.


text: If an owner of a brucellosis infected herd violates any law or regulation pertaining to brucellosis eradication, the cattle owner shall immediately become responsible for paying to the director all further costs incurred by the department in eradicating the disease from the herd of cattle owned by such person.


text:
(a) An owner who fails to achieve eradication of brucellosis in his or her herd is responsible for the costs of maintaining the required testing schedule after 24 months from the date of an order to hold issued by the director pursuant to Section 9565. Evidence of eradication shall consist of a release from a hold issued by the director pursuant to Section 9567.

(b) If the director requires an infected herd to be officially adult vaccinated to control the spread of the disease, the time interval provided in subdivision (a) shall be extended from 24 to 28 months.

(c) Notwithstanding subdivisions (a) and (b), the owner of a herd which, on the effective date of this section, is under an order to hold, issued by the director prior to that effective date, shall be subject to this section 24 months from that effective date or 28 months from that effective date for officially adult vaccinated herds.

(d) This section shall not apply to the owner of a herd that has been granted a continuation of indemnity payments as provided by Section 10406.5.

history: (History: Added by Stats. 1987, Ch. 320, Sec. 5. Effective July 30, 1987.)


text:
(a) The Secretary of the Department of Food and Agriculture may adopt regulations to control or eradicate cattle diseases, including bovine trichomoniasis, in any of the following ways:

(1) Requiring permits before entry of, and limitations on the importation of, cattle and other animals or materials that might act as a cause or a vector of a disease or condition that is infectious or contagious to cattle.

(2) Limitations on the intrastate or interstate movement of cattle, in compliance with any applicable federal law.

(3) Diagnostic tests, vaccinations, treatments, or other appropriate methods, including, but not limited to, the mandated reporting by designated parties of diseases or suspected diseases.

(4) Notification of owners of cattle that have been exposed, or may have been exposed, to infectious animals or materials.

(5) Similar means that the secretary finds and determines are necessary.

(b) (1) The secretary shall appoint an advisory task force, including, but not limited to, livestock industry representatives and university researchers, for the purposes of advising the secretary on the control and management of cattle health diseases and evaluating the effectiveness of programs established pursuant to this chapter. The secretary shall consult with the advisory task force prior to the adoption of regulations or the imposition of fees by the secretary.

(2) Members of the advisory task force, or alternate members when acting as members, may be reimbursed, upon request, for necessary expenses incurred by them in the performance of their duties.

(c) (1) Any person that willfully and knowingly violates any regulation adopted pursuant to this chapter is guilty of a misdemeanor.

(2) The secretary may, at his or her discretion, prosecute civilly or seek civil penalties, pursuant to Sections 9166 and 9167.

(d) The secretary may impose fees to offset the costs of any program established pursuant to this section, provided that the total fees collected do not exceed the actual costs of regulation or impair the department’s responsibilities pursuant to this chapter.

(e) The secretary is authorized to establish accounts within the Food and Agriculture Fund as necessary to efficiently administer the department’s responsibilities pursuant to this chapter.

(f) Nothing in this chapter shall be construed to limit or restrict the authority granted to the State Veterinarian in Section 9562.

history: (History: Amended by Stats. 2001, Ch. 503, Sec. 24. Effective January 1, 2002.)

chapter: 4. Cattle Disease Control

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 2. DISEASED BOVINES > 4. Cattle Disease Control


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

part: 3. DISEASED SWINE

chapter: 1. Importation and Sale

article: 1. Definitions

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 3. DISEASED SWINE > 1. Importation and Sale > 1. Definitions


text: “Health certificate” means a health certificate from either a veterinary inspector of the United States Department of Agriculture, the state veterinarian or livestock sanitation official of the state of origin, or of a licensed veterinarian approved by the state veterinarian or livestock sanitation official.

article: 1. Definitions


text: “Sales yard” includes any livestock yard, pen, corral, building, premises, or conveyance in which swine are assembled for sale, resale, exchange, or transfer by any owner or his agent. It does not, however, include any ranch premises where swine are assembled for sale, resale, exchange, or transfer by any owner or his agent in ordinary ranch-to-ranch transactions, or where swine are fed and fitted for slaughtering purposes only.

article: 1. Definitions


text: “Premises” is the farm of origin where swine were born and raised or where they have resided for a minimum of 90 continuous days immediately preceding shipment.

history: (History: Added by Stats. 1999, Ch. 447, Sec. 2. Effective January 1, 2000.)

article: 1. Definitions


text:
(a) It is unlawful for any person to import any swine into this state except for immediate slaughter, unless the person procures a health certificate and import permit from the department prior to the shipment or movement of the swine.

(b) It is unlawful for any person to import any swine into this state for immediate slaughter unless the person procures an import permit from the department prior to the shipment or movement of the swine.

(c) Any person requesting an import permit shall identify the premises of the swine prior to the shipment of the swine into the state.

history: (History: Amended by Stats. 1999, Ch. 447, Sec. 3. Effective January 1, 2000.)

article: 2. Importation

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 3. DISEASED SWINE > 1. Importation and Sale > 2. Importation


text:
The health certificate shall certify that the swine to which it refers satisfy all of the following requirements:

(a) Have not been exposesd to any communicable disease.

(b) Are free from evidence of any communicable disease.

The director, when he determines it to be necessary for the enforcement of this chapter, may, by regulation, require the certificate to certify that the swine have been immunized against hog cholera by a method of immunization which is designated by regulations of the director as an effective method of immunization and by the United States Department of Agriculture.

history: (History: Amended by Stats. 1967, Ch. 87.)

article: 2. Importation


text:
The health certificate shall also show all of the following:

(a) The date of immunization if immunization is required.

(b) The predominating breed of the swine.

(c) Approximate weight of the swine.

(d) Color of the swine.

(e) Markings of the swine.

article: 2. Importation


text: The original of the health certificate shall be attached to the way bill or shall be in the possession of the truck driver. A duplicate copy shall be sent to the Chief of the Division of Animal Industry of the department, at Sacramento, in time to reach him prior to the arrival of the swine within the state. A duplicate copy shall also be sent to the state veterinarian or livestock sanitary offical of the state of origin.

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

article: 2. Importation


text: Swine that are imported into this state for purposes other than for immediate slaughter shall be transported in crates, cars, trucks, or other vehicles that have been cleaned and disinfected in conformity with the standards that are prescribed by the Agricultural Research Service of the United States Department of Agriculture.

history: (History: Amended by Stats. 1995, Ch. 119, Sec. 2. Effective January 1, 1996.)

article: 2. Importation


text: Swine that are imported into this state for immediate slaughter shall have as their destination a recognized slaughtering establishment. They shall not be diverted for any other purposes.

history: (History: Amended by Stats. 1995, Ch. 119, Sec. 3. Effective January 1, 1996.)

article: 2. Importation


text: Any person that operates a sales yard shall keep records of all swine which pass through the sales yard, including the name and address of every person who offers swine for sale and the name and address of every purchaser of swine from the yard.

article: 3. Sales Yards

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 3. DISEASED SWINE > 1. Importation and Sale > 3. Sales Yards


text: The sales yard records shall show definite information relative to description of animals, such as breed, weight, color, and marks. The records shall be kept on file for one year, during which time they shall be at the disposal of the director for inspection.

article: 3. Sales Yards


text: It is unlawful for any person to knowingly bring into, or cause to be brought into, any sales yard any swine that have been, within 21 days, treated with hog cholera virus, or which are affected with, or have been exposed to hog cholera, anthrax, swine erysipelas, vesicular exanthema, foot-and-mouth disease, or any other infectious disease.

article: 3. Sales Yards


text:
The director may adopt regulations to control or eradicate hog cholera, swine brucellosis, pseudorabies, and other swine diseases in any of the following ways:

(a) Through limitations on the movement of swine.

(b) Through the use of hog cholera vaccine, or other biologics.

(c) Through tests or vaccinations.

(d) Any other similar means that he or she finds and determines is necessary.

history: (History: Amended by Stats. 1988, Ch. 812, Sec. 1.)

article: 4. Swine Disease Control

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 3. DISEASED SWINE > 1. Importation and Sale > 4. Swine Disease Control


text: The department, after notice and hearing, may revoke a license granted by the department to a person conducting business as a packer, stockyard, dealer, agent, or any individual that receives, transports or deals with the marketing of swine or swine products that violates this chapter or a regulation adopted pursuant to this chapter.

history: (History: Added by Stats. 1999, Ch. 447, Sec. 5. Effective January 1, 2000.)

article: 4. Swine Disease Control


text: A previous violation of any provision of this chapter, or a regulation adopted pursuant to this chapter, is sufficient cause for the revocation of a license under Section 10782. Proof of a previous violation of this code, or a regulation adopted pursuant to this article, shall be considered an aggravating factor for a current offense.

history: (History: Added by Stats. 1999, Ch. 447, Sec. 7. Effective January 1, 2000.)

article: 4. Swine Disease Control


text: Any proceeding for the denial or revocation of a license pursuant to Section 10782 shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The department shall have all of the powers that are granted in that Chapter 5.

history: (History: Added by Stats. 1999, Ch. 447, Sec. 8. Effective January 1, 2000.)

article: 4. Swine Disease Control


text: If the secretary finds and determines that similar regulations are necessary to control the diseases described in Section 10781 while hogs or swine are in interstate movement, the secretary shall notify the Governor so that the Governor may act pursuant to Section 9570.

history: (History: Added by renumbering Section 10782 by Stats. 1999, Ch. 447, Sec. 4. Effective January 1, 2000.)

article: 4. Swine Disease Control


text:
(a) (1) Whenever a person violates any regulation that is adopted pursuant to this article, the department may impose an administrative penalty not to exceed one hundred dollars ($100) per individual animal for each violation.

(2) If the department issues an administrative penalty pursuant to paragraph (1), the department shall issue a Notice of Violation to the alleged offender or the offender’s agent. The notice shall be written in plain English and shall inform the offender as to how the offender may challenge the administrative penalty.

(b) (1) A willful and knowing violation of any regulation that is adopted pursuant to this article is a crime, punishable as (A) an infraction by a fine of not more than one hundred dollars ($100) per individual animal for each violation, (B) a misdemeanor, or (C) a felony.

(2) Notwithstanding any other provision of law, the imposition of an administrative penalty pursuant to subdivision (a) shall not preclude prosecution of a person pursuant to paragraph (1).

history: (History: Added by renumbering Section 10783 by Stats. 1999, Ch. 447, Sec. 6. Effective January 1, 2000.)

article: 4. Swine Disease Control


text:
(a) The department shall adopt regulations to require a person who possesses a domestic swine that has two or more phenotypical characteristics specified in subparagraph (B) of paragraph (1) of subdivision (a) of Section 4650 of the Fish and Game Code to identify the swine with a brand, tattoo, or other permanent mark or visible validation approved by the department.

(b) This section shall become operative on July 1, 2024.

history: (History: Added by Stats. 2022, Ch. 469, Sec. 37. (SB 856) Effective January 1, 2023. Operative July 1, 2024, by its own provisions.)

article: 5. Marking and Validations

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 3. DISEASED SWINE > 1. Importation and Sale > 5. Marking and Validations


text: As used in this chapter, “garbage” means any waste which consists in whole or in part of any animal waste that results from the handling, preparing, cooking, and consuming of food, including the offal from any animal carcass or from any part of an animal carcass. It does not, however, include such waste from ordinary household operations which is fed directly to swine on the premises.

chapter: 2. Garbage Control

article: 1. Definitions

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 3. DISEASED SWINE > 2. Garbage Control > 1. Definitions


text: The director may make and enforce such regulations as are reasonable and necessary to carry out the provisions of this chapter.

article: 2. General Provisions

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 3. DISEASED SWINE > 2. Garbage Control > 2. General Provisions


text: The director may enter any premises where garbage is fed to swine and may examine and test any equipment or facilities for processing and handling garbage. He may in writing order any person that is subject to this chapter to cease the operation of any equipment or facility which he finds is unsuitable or improperly operated or maintained.

article: 2. General Provisions


text: Every person that is subject to this chapter shall keep and maintain such records or memoranda and furnish such reports as the director by regulations may require. The records and memoranda shall be open to inspection by the director during usual business hours.

article: 2. General Provisions


text: In order to prevent the spread of vesicular exanthema and other contagious and infectious diseases of swine, it is unlawful for any person to feed swine any garbage unless the garbage has been processed in accordance with the provisions of this article and the regulations which are adopted by the director pursuant to it.

article: 3. Processing

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 3. DISEASED SWINE > 2. Garbage Control > 3. Processing


text: All garbage, regardless of previous processing, before being fed to swine, shall be thoroughly heated throughout to boiling or equivalent temperature (usually 212 degrees Fahrenheit at sea level) for 30 minutes, or otherwise treated in a manner which is prescribed in the regulations of the director.

article: 3. Processing


text: It is unlawful for any person to feed garbage to swine unless he has a valid annual license issued by the director for each separate premises where garbage is fed to swine.

article: 4. Licensing

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 3. DISEASED SWINE > 2. Garbage Control > 4. Licensing


text:
An application for a license to feed garbage to swine shall be in the form which is prescribed by the director, and shall state all of the following:

(a) The name and address of the applicant.

(b) The location of the premises for which the license is requested.

(c) Such other information which the director may require.

article: 4. Licensing


text: Each application for a license shall be accompanied by a fee of twenty dollars ($20).

article: 4. Licensing


text: An application for renewal of a license, accompanied by the proper fee, shall be made on or before the last day of the calendar year for which the current license was issued.

article: 4. Licensing


text: To any fee which is not paid when due, there shall be added a penalty of twenty dollars ($20).

article: 4. Licensing


text: Each license issued pursuant to this chapter entitles the licensee to feed garbage to swine on the premises that are described in the license, during the period for which the license is issued, in accordance with the provisions of this chapter and the regulations issued under it and in compliance with any local or municipal ordinances which are applicable to the feeding of garbage to swine.

article: 4. Licensing


text:
The director may refuse to issue a license or renewal of license, and may revoke or suspend any license, as the case may require, if he finds after hearing, that any of the following exist:

(a) The premises which are described in the application or license are not operated in a clean and sanitary manner so as to prevent the continuation and spread of vesicular exanthema.

(b) The premises which are described in the application or license are not adequately equipped or maintained in the manner required by this chapter and the regulations adopted pursuant to it.

(c) The applicant or licensee has violated any lawful order of the director which is issued pursuant to this chapter.

article: 4. Licensing


text: The proceedings for all hearings pursuant to this chapter shall be conducted in accordance with Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2, of the Government Code. The director shall have all powers which are granted by such chapter.

article: 4. Licensing


text: Any institution or agency of the state, a county, or any municipal or other public corporation which is feeding garbage to swine is not required to procure a license, but shall comply with all other provisions of this chapter and the regulations which are adopted pursuant to this chapter.

article: 4. Licensing


text: This chapter does not prohibit any city or county from licensing persons that feed garbage to swine.

article: 4. Licensing


text: Sections 5025, 6304, and 6305 of this code are applicable to the importation into, or the shipment or transportation within, this state of animals which are detrimental to agriculture.

part: 4. ANIMALS DETRIMENTAL TO AGRICULTURE

chapter: 1. Importation and Transportation

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 4. ANIMALS DETRIMENTAL TO AGRICULTURE > 1. Importation and Transportation


text: The director may employ hunters and trappers throughout the state to control or eradicate coyotes and other harmful predatory animals and to shoot or trap bears which are damaging livestock, agricultural crops, or standing timber.

chapter: 2. Predators

article: 1. Hunters and Trappers

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 4. ANIMALS DETRIMENTAL TO AGRICULTURE > 2. Predators > 1. Hunters and Trappers


text: For the purposes of this article, the director may enter into contracts with the Bureau of Sports Fisheries and Wildlife of the United States Department of the Interior to enlist the support of the federal government. He may prescribe the manner, terms, and conditions of such cooperation.

article: 1. Hunters and Trappers


text: No iron or steel-jawed trap shall be used by any hunter or trapper who is engaged in controlling or eradicating any bears pursuant to this article.

article: 1. Hunters and Trappers


text: The director may accept, on behalf of the state, donations of money from any person, board of supervisors, or other agency interested in the control of coyotes and other predatory animals. Any such money shall be paid into the State Treasury and credited to the Department of Agriculture Fund.

article: 3. Donations

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 4. ANIMALS DETRIMENTAL TO AGRICULTURE > 2. Predators > 3. Donations


text: Money which is made available by any board of supervisors that is accepted pursuant to this article shall be expended solely within the boundaries of the county which makes the appropriation, unless otherwise authorized by the board of supervisors. All other donations shall be applied to the particular locality in which the donors are interested, unless they specifically consent to the use of their donations in other localities.

article: 3. Donations


text: If any coyotes are found to exist on land which is owned by the state, other than lands subject to the control of the Department of Parks and Recreation and other than ecological reserves established pursuant to Article 4 (commencing with Section 1580) of Chapter 5 of Division 2 of the Fish and Game Code and the coyotes are found to be causing damage on public or private land, the director may control, may employ persons pursuant to Article 1 (commencing with Section 11221) to control, or may contract with the commissioner to control, the coyotes which are determined to be the cause of the damage.

history: (History: Added by Stats. 1982, Ch. 1491, Sec. 1.)

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 4. ANIMALS DETRIMENTAL TO AGRICULTURE > 2. Predators > 4. Management of Coyotes on Public Lands


text: Prior to implementation of any control program pursuant to this article, the director shall consult with and obtain the consent of the director of the department which has jurisdiction over the state land.

article: 4. Management of Coyotes on Public Lands


text: The director shall submit an annual memorandum of understanding to the Director of Fish and Game for review and approval prior to implementing any coyote control program pursuant to this article.


text: Nothing in this article authorizes the use of Compound 1080 for predator control on public lands.


text: As used in this article, “state park lands” means any lands subject to the control of the Department of Parks and Recreation.

history: (History: Added by Stats. 1982, Ch. 1491, Sec. 2.)

path: 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL > 4. ANIMALS DETRIMENTAL TO AGRICULTURE > 2. Predators > 5. Management of Coyotes on State Park Lands and in Ecological Reserves


text: The director, upon receiving information causing him or her to believe that coyotes are finding refuge on state park lands or on ecological reserves and are causing damage to nearby private property, may request the Department of Parks and Recreation, in the case of state park lands, or the Department of Fish and Game, in the case of ecological reserves, to cooperate in the acquisition and evaluation of evidence to that effect. Upon a request by the director, the department or departments shall cooperate in the evaluation or acquisition.

article: 5. Management of Coyotes on State Park Lands and in Ecological Reserves


text: Upon a determination pursuant to Section 11302 that coyotes are finding refuge on state park lands or on an ecological reserve and are causing damage to nearby private property, the director and the Department of Parks and Recreation, with the review and approval of the Director of Fish and Game as to state park lands, or the Department of Fish and Game as to ecological preserves, may enter into an interdepartmental agreement to control coyotes finding refuge on state park lands or on ecological reserves and causing damage to nearby private property. Methods utilized to take the coyotes shall be specific to those coyotes which are causing the damage. The Department of Parks and Recreation or the Department of Fish and Game shall specify the methods of take, location of take, time of take, necessary protections for public safety, protections convenient for state park lands or ecological reserve users and uses, and may specify whether the department is to employ persons to control coyotes pursuant to Article 1 (commencing with Section 11221) or whether control is to be done by the Department of Parks and Recreation or the Department of Fish and Game.


text: The Department of Parks and Recreation or the Department of Fish and Game may submit claims to the department for reimbursement of direct costs incurred pursuant to the implementation of this article which shall be paid if found by the director to be reasonably necessary to implement this article.


text: Nothing in this article authorizes the use of Compound 1080 for predator control on state park lands and in ecological reserves.


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

division: 6. PEST CONTROL OPERATIONS

chapter: 1. Definitions

path: 6. PEST CONTROL OPERATIONS > 1. Definitions


text: “Integrated pest management” means an ecosystem-based strategy that focuses on long-term prevention of pests or their damage through a combination of techniques such as biological control, habitat manipulation, modification of cultural practices, and use of resistant varieties. Pesticides are used only after monitoring indicates they are needed according to established guidelines and treatments are made with the goal of removing only the target organism. Pest control materials are selected and applied in a manner that minimizes risks to human health, beneficial and nontarget organisms, and the environment.

history: (History: Added by Stats. 2024, Ch. 60, Sec. 2. (AB 2113) Effective July 2, 2024.)


text: “License” means pest control business license, agricultural pest control adviser’s license, or pest control dealer’s license.

history: (History: Amended by Stats. 1993, Ch. 620, Sec. 1. Effective January 1, 1994.)


text:
“Pest control” means the use or application of any pesticide. It also means the use of any substance, method, or device to do any of the following:

(a) Control pests.

(b) Prevent, destroy, repel, mitigate, or correct any pest infestation or disorder of plants.

(c) Inhibit, regulate, stimulate, or otherwise alter plant growth by direct application to plants.


text: “Pesticide” is defined in Section 12753.

history: (History: Amended by Stats. 1996, Ch. 361, Sec. 11. Effective January 1, 1997.)


text: “Registrant” means any person that registers pursuant to Section 11732 or 12031.

history: (History: Amended by Stats. 1978, Ch. 1050.)


text:
“Pest control dealer” means any person, including any manufacturer, distributor, or retailer who engages in any of the following business activities:

(a) Selling pesticides to users for an agricultural use.

(b) Selling to users any method or device for the control of agricultural pests, such as biological agents, lures, or insect-trapping devices.

(c) Soliciting sales of pesticides by making agricultural use recommendations through field representatives, or other agents.

(d) Selling to a user a pesticide classified pursuant to Section 14004.5 as a restricted material that requires either a permit for possession and use or which may be used only by or under the direct supervision of a certified applicator.

history: (History: Amended by Stats. 1993, Ch. 620, Sec. 2. Effective January 1, 1994.)


text:
“Pest control dealer” does not include either of the following:

(a) Any person licensed pursuant to Section 11701 to engage for hire in the business of agricultural pest control, as to pesticides recommended or sold by the licensee and applied by the licensee pursuant to the conditions of the license.

(b) Any person licensed to engage in any activity that is defined as structural pest control pursuant to Chapter 14 (commencing with Section 8500) of Division 3 of the Business and Professions Code, as to pesticides recommended or sold by the licensee and applied by the licensee pursuant to the conditions of the license.

history: (History: Amended by Stats. 1993, Ch. 620, Sec. 3. Effective January 1, 1994.)


text:
“Agricultural use” means the use of any pesticide or method or device for the control of plant or animal pests, or any other pests, or the use of any pesticide for the regulation of plant growth or defoliation of plants. It excludes the sale or use of pesticides in properly labeled packages or containers that are intended for any of the following:

(a) Home use.

(b) Use in structural pest control.

(c) Industrial or institutional use.

(d) The control of an animal pest under the written prescription of a veterinarian.

(e) Local districts or other public agencies that have entered into and operate under a cooperative agreement with the State Department of Health Services pursuant to Section 116180 of the Health and Safety Code, provided that any exemption under this subdivision is subject to the approval of the director as being required to carry out the purposes of this division.

history: (History: Amended by Stats. 1996, Ch. 1023, Sec. 50. Effective September 29, 1996.)


text: “Agricultural pest control adviser” means any person who offers a recommendation on any agricultural use, who holds himself or herself forth as an authority on any agricultural use, or who solicits services or sales for any agricultural use.

history: (History: Amended by Stats. 1988, Ch. 1118, Sec. 1.)


text: “Recommendation” means the giving of any instruction or advice on any agricultural use as to any particular application on any particular piece of property. “Recommendation” does not include any summary that does not specify the use to be made for any designated pest, provided that such summary is not in conflict with any registered pesticide label or with the supplementary printed direction delivered therewith or with any rule or regulation of the director.


text: “Sustainable pest management” means a holistic, whole system approach applicable to agricultural and other managed ecosystems and urban and rural communities that builds on the concept of integrated pest management to include the wider context of the three sustainability pillars: human health and social equity; environmental protection; and, economic vitality.

history: (History: Added by Stats. 2024, Ch. 60, Sec. 3. (AB 2113) Effective July 2, 2024.)


text:
(a) The Department of Pesticide Regulation shall consult with the Department of Food and Agriculture in any action relating to special local need registrations pursuant to Section 136v of Title 7 of the United States Code, emergency exemptions from registration pursuant to Section 136p of Title 7 of the United States Code, denial of new active ingredient registrations, suspension or cancellation of pesticide registrations or uses, or other measures adopted to mitigate unacceptable adverse pesticidal effects.

(b) Consultation pursuant to subdivision (a) shall be as specified in a memorandum of understanding between the Department of Food and Agriculture and the Department of Pesticide Regulation. Information to be provided by the Department of Food and Agriculture shall include, but not be limited to, (1) impacts on agriculture resulting from the proposed action, (2) benefits derived from the use of the pesticide, and (3) any recommended alternative action.

(c) Except for a suspension taken pursuant to Section 12826, the Department of Pesticide Regulation shall request in writing comments from the Department of Food and Agriculture regarding any proposed final decision to deny a new active ingredient registration or to suspend or cancel a pesticide registration. The Department of Pesticide Regulation shall specify in its request the period within which the Department of Food and Agriculture shall submit its comments in order for the Department of Pesticide Regulation to consider and to respond to them in the final written decision.

history: (History: Added by Stats. 1992, Ch. 706, Sec. 8. Effective September 15, 1992.)


text:
The director may do all of the following:

(a) Adopt regulations that are reasonably necessary to carry out the provisions of this code that the director is required or authorized to administer or enforce.

(b) Enter upon any premises to inspect the premises or any plant, appliance, or thing that is on those premises.

(c) Notwithstanding any other provision of law, and except as provided in subdivision (d), provide, by rule or regulation, for the issuance and renewal on a two-year basis of licenses, certificates of registration, or other indicia of authority issued pursuant to the provisions of this code that the director is required or authorized to administer or enforce.

(d) Adopt regulations for the issuance and renewal of licenses and certificates for pest control operations. On or after January 1, 2025, the director shall issue and renew these licenses and certificates for three years; provided, however, a license or certificate may be issued for less than three years based on when the applicant enters the three-year cycle.

(e) Arrange for the services of any individual employed by the United States, the state, or a county on a collaborative basis and allow that person a reasonable fee and necessary expenses that are incurred when serving the department in a collaborative capacity.

history: (History: Added by Stats. 2022, Ch. 60, Sec. 4. (AB 203) Effective June 30, 2022.)


text: The director shall keep a separate record of the classes and sources of income that is credited to, and disbursed from, the Department of Pesticide Regulation Fund.

history: (History: Added by Stats. 1996, Ch. 361, Sec. 12. Effective January 1, 1997.)


text: On or before October 31 of each year, the department shall publish a financial report regarding the preceding fiscal year and shall make this report available to the public. The report shall describe in detail the amount and source of funding for the major programmatic functions of the department and other relevant information that may aid in evaluating the scope and impact of the activities of the department.

history: (History: Amended by Stats. 2006, Ch. 77, Sec. 1. Effective July 18, 2006.)


text: “Fee,” as used in this article, includes, but is not limited to, any application fee, license fee, permit fee, inspection fee, certification fee, registration fee, identification fee, analysis fee, certificate fee, or delinquent fee.

history: (History: Added by Stats. 1999, Ch. 609, Sec. 1. Effective January 1, 2000.)

article: 4. Refunds

path: 6. PEST CONTROL OPERATIONS > 1. Definitions > 4. Refunds


text:
(a) The director may authorize the refund of any money that is received or collected by the department in the payment of any fee, assessment, or tax, except that the director shall not authorize a refund of any money received by the department pursuant to a settlement agreement, stipulated judgment, or similar document or if the refund request is submitted more than four years after the payment was made.

(b) An amount equal to the amount of the refund is, notwithstanding Section 13340 of the Government Code, hereby continuously appropriated without regard to fiscal years, from the funds into which the fees were deposited, to the director to make the refunds.

article: 4. Refunds


text:
A refund may be made in whole or in part in any of the following instances:

(a) A refund of a fee is requested by the payer before any examination, review, inspection, or similar activity has been performed or services rendered by the department for the payer.

(b) The payment of a fee, assessment, or tax represents an overpayment, payment in duplicate, payment in error in law, or payment through error of the payer or the department.

article: 4. Refunds


text: The fiscal officer of the department shall make payment of any refund pursuant to this article upon the submission to the fiscal officer of a voucher prepared by the director, or his or her designee, that sets forth the facts that pertain to the refund and authorizes its payment.

article: 4. Refunds


text: If any money that is to be refunded has been deposited in the State Treasury, the Controller, upon receipt of a claim that is filed by the department, shall transfer that amount from the fund to which the money is credited to the director for payment of the refund.

article: 4. Refunds


text: If the director finds that the amount of any refund is less than fifty dollars ($50), the director may retain the amount for use for the same purpose for which the original payment was made, unless the payment was made in error in law, in which case the director shall refund the amount.

article: 4. Refunds


text:
The purposes of this division and Chapter 1 (commencing with Section 12501), Chapter 2 (commencing with Section 12751), Chapter 3 (commencing with Section 14001), and Chapter 3.5 (commencing with Section 14101) of Division 7 are as follows:

(a) To provide for the proper, safe, and efficient use of pesticides essential for production of food and fiber and for protection of the public health and safety.

(b) To protect the environment from environmentally harmful pesticides by prohibiting, regulating, or ensuring proper stewardship of those pesticides.

(c) To assure the agricultural and pest control workers of safe working conditions where pesticides are present.

(d) To permit agricultural pest control by competent and responsible licensees and permittees under strict control of the director and commissioners.

(e) To assure consumers and users that pesticides are properly labeled and are appropriate for the use designated by the label and that state or local governmental dissemination of information on pesticidal uses of any registered pesticide product is consistent with the uses for which the product is registered.

(f) To encourage the development and implementation of pest management systems, stressing application of biological and cultural pest control techniques with selective pesticides when necessary to achieve acceptable levels of control with the least possible harm to nontarget organisms and the environment.

history: (History: Amended by Stats. 1996, Ch. 361, Sec. 14. Effective January 1, 1997.)

chapter: 2. General Provisions

path: 6. PEST CONTROL OPERATIONS > 2. General Provisions


text:
(a) This division and Division 7 (commencing with Section 12501) are of statewide concern and occupy the whole field of regulation regarding the registration, sale, transportation, or use of pesticides to the exclusion of all local regulation. Except as otherwise specifically provided in this code, no ordinance or regulation of local government, including, but not limited to, an action by a local governmental agency or department, a county board of supervisors or a city council, or a local regulation adopted by the use of an initiative measure, may prohibit or in any way attempt to regulate any matter relating to the registration, sale, transportation, or use of pesticides, and any of these ordinances, laws, or regulations are void and of no force or effect.

(b) If the director determines that an ordinance or regulation, on its face or in its application, is preempted by subdivision (a), the director shall notify the promulgating entity that it is preempted by state law. If the entity does not repeal its ordinance or regulation, the director shall maintain an action for declaratory relief to have the ordinance or regulation declared void and of no force or effect, and shall also bring an action to enjoin enforcement of the ordinance or regulation.

(c) Neither this division nor Division 7 (commencing with Section 12501) is a limitation on the authority of a state agency or department to enforce or administer any law that the agency or department is authorized or required to enforce or administer.

(d) At the request of any state agency disseminating information on the pesticidal uses of any product, the director shall consult with, and provide technical assistance to, that agency to ensure that the dissemination is based on valid scientific information and consistent with state law.

history: (History: Amended by Stats. 1996, Ch. 361, Sec. 15. Effective January 1, 1997.)


text: The director, and the commissioner of each county under the direction and supervision of the director, shall enforce this division and the regulations which are issued pursuant to it.

history: (History: Added by renumbering Section 11501 by Stats. 1971, Ch. 1276.)


text: The director shall adopt regulations which govern the conduct of the business of pest control.

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


text:
(a) The director may adopt regulations to establish the minimum requirements of education, continuing education, training, experience, and examination for applicants for any license or certificate, or renewal of any license or certificate, issued by the director pursuant to this division or Division 7 (commencing with Section 12500). A regulation adopted or amended pursuant to this section pertaining to continuing education requirements shall establish minimum course requirements related to pesticides and pest management. The director shall approve courses that include plant health, organic and sustainable practices, integrated pest management, water and air monitoring and residue mitigation, maximum residue levels, quarantine practices, and the on-farm storage of fumigants, all in the context of pesticides and pest management. The director shall not renew a license or certificate if the person who was issued the license or certificate did not complete the required continuing education during the period of validity of the license or certificate, and the person shall take and pass the examination to be again issued the license or certificate. The director shall act within 15 business days of receipt to approve or reject continuing education courses submitted to meet the requirements of this division or Division 7 (commencing with Section 12500).

(b) The director shall establish, by regulation, fees for the department’s licensing and certification programs as established pursuant to this division or Division 7 (commencing with Section 12500). These programs include, but are not limited to:

(1) License and certificate examination, application, and renewal.

(2) Approval of continuing education courses and continuing education course providers.

(3) Changes related to any license or certificate, including, but not limited to, name or address changes, license or certificate replacement costs, duplicate copy of a license or certificate, and changes in qualified person, bond, insurance, or registered officers.

(4) Penalties for late payment of licensing and certification fees.

(c) The fees established pursuant to this section may include administrative costs, including overhead costs.

(d) The regulations shall provide that the examination fee may be charged to applicants who request the secretary to reschedule an examination due to the applicant’s failure to obtain a passing score or failure to appear for the scheduled examination, and for scheduling an examination to amend a license.

(e) The fees established pursuant to this section shall be set so that the total revenue collected each fiscal year is sufficient to support the expenditure levels for these programs contained in the annual Budget Act. If the secretary determines that the revenue collected during the preceding year was greater than, or less than, the expenditure levels for these programs set forth in the Budget Act, the secretary may further adjust the current fees to compensate for the overcollection or undercollection.

(f) Funds collected pursuant to this section shall be deposited into the Department of Pesticide Regulation Fund, and shall be available for expenditure by the department, upon appropriation, for purposes of carrying out the programs established pursuant to this division or Division 7 (commencing with Section 12500).

(g) The regulations adopted pursuant to this section, or any amendment thereto, shall be adopted by the secretary in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of these regulations shall be considered by the Office of Administrative Law as an emergency, and necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding any other law, the emergency regulations adopted pursuant to this section shall remain in effect until amended by the secretary.

(h) On or before January 31 of each year, if the director determines that they might increase the fees established pursuant to this section during that calendar year, the department shall post the determination on its internet website and shall distribute the determination through any of the department’s relevant email lists.

history: (History: Amended by Stats. 2024, Ch. 60, Sec. 4. (AB 2113) Effective July 2, 2024.)


text:
The commissioner of any county may adopt regulations applicable in his or her county which are supplemental to those of the director which govern the conduct of pest control operations and records and reports of those operations. The regulations may include provisions pertaining to any matter related to the accomplishment of the purposes of Section 11737. The provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall be followed insofar as practicable in the adoption of the regulations by the commissioner. The regulations shall be filed with the director who shall compile them.

Each regulation of the commissioner shall be approved by the director before it becomes operative. The director, in his or her review of the commissioner’s regulations, shall consider, but not be limited to considering, the necessity, authority, clarity, and consistency of the regulations, as these terms are defined in Section 11349 of the Government Code.

history: (History: Amended by Stats. 1983, Ch. 593, Sec. 1.)


text: The county agricultural commissioner may apply Section 11503 to the agricultural use of any pesticide for agricultural production within one-quarter mile of a school with respect to the timing, notification, and method of application. Any regulations adopted pursuant to this section shall become operative unless specifically disapproved in writing by the director within 30 calendar days of their submission by the commissioner.

history: (History: Added by Stats. 2002, Ch. 457, Sec. 2. Effective January 1, 2003.)


text: Prior to the adoption of regulations by a commissioner, a notice of intention to adopt regulations shall be published in the county, pursuant to Section 6061 of the Government Code, at least 10 days in advance of the time the regulations are to be adopted, amended, or repealed.

history: (History: Amended by Stats. 2011, Ch. 296, Sec. 105. (AB 1023) Effective January 1, 2012.)


text: The notice of intention which is referred to in Section 11504 shall contain a statement of the time, place, and nature of proceedings for the adoption of the regulations, and either the express terms or an informative summary of the proposed regulations.


text: At least 10 days prior to the date set for the adoption, amendment, or repeal of the regulations, the commissioner shall mail a copy of the notice of intention to every person who has registered with the commissioner in the manner required by Article 2 (commencing with Section 11731), Chapter 4 of this division, and to any other interested person that has filed with the commissioner a request to receive a notice of such proceedings.


text: On the date and at the time and place designated in the notice of intention, the commissioner shall afford any interested person or his duly authorized representative, or both, the opportunity to present statements, arguments, or contentions in writing, with or without opportunity to present them orally.


text: The commissioner shall consider all relevant matter which is presented to him before he adopts any regulation.


text: In any hearing which is conducted pursuant to Section 11507, the commissioner or his duly authorized representative shall have authority to administer oaths or affirmations, and may continue or postpone such hearing, from time to time, to such time and at such place as he shall determine.


text: The regulations of the commissioner are subject to review and approval by the director as to reasonableness, and if approved they shall be filed with the director. The regulations shall become effective 30 days after they are approved by the director unless they are designated as emergency regulations.


text: If, in the opinion of the commissioner, the public health, welfare, or safety requires that any regulation take effect immediately he shall designate it as an emergency regulation and specify in writing the facts which constitute the necessity. An emergency regulation shall become effective on the date it is approved by the director.


text: Except as provided in Section 11512.5, the proceedings for all hearings conducted by the director pursuant to this division shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The director shall have all of the powers which are granted in that chapter.

history: (History: Amended by Stats. 1987, Ch. 547, Sec. 1.)